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Water Supply (Safety and Reliability) Bill 2008
Water Supply (Safety and Reliability) Bill
2008
Explanatory Notes
General Outline
Short Title
The short title of the Bill is the Water Supply (Safety and Reliability) Bill
2008.
Policy Objectives
The Water Supply (Safety and Reliability) Bill 2008 (the Bill) has three
main objectives:
1. to establish a new Bill, the Water Supply (Safety and Reliability) Bill
2008 for the safety and reliability of water supply, which
(a) incorporates the existing regulatory framework in the Water Act
2000 (Water Act) for service providers and dam safety
(b) introduces new regulatory frameworks for recycled water and
drinking water primarily for the protection of public health
supported by amendments to the Public Health Act 2005 (Public
Health Act) and Plumbing and Drainage Act 2002 (Plumbing
and Drainage Act).
2. to amend the Water Act and the South East Queensland Water
(Restructuring) Act 2007 (SEQ Water Restructuring Act) to
implement further elements of the new institutional arrangements for
urban water supply in South East Queensland (SEQ), including the
establishment of the regulatory framework governing the SEQ water
grid and the SEQ water market, as well as providing for the granting
of relevant water entitlements to the water grid manager
3. to amend the Water Act to enable full and effective implementation of
resource operations plans due to commence in 2008 and ensure the
ongoing operation of the Water Act.
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Water Supply (Safety and Reliability) Bill 2008
Reasons for the Policy Objectives
Water Supply (Safety and Reliability) Bill
The key drivers for the Bill are to put in place new regulatory arrangements
for recycled water and drinking water primarily for the protection of public
health to apply throughout Queensland, by:
1. supporting the delivery of high quality purified recycled water by the
Western Corridor Recycled Water Project to augment SEQ drinking
water supply
2. establishing a regulatory framework for the quality of drinking water.
The new frameworks are necessary for the protection of public health and,
in the case of recycled water, to ensure continuity of operation when it is
required for essential needs of community or industry. The new regulatory
frameworks are supported by amendments to the Public Health Act (for
setting of key water quality criteria and managing public health risks) and
the Plumbing and Drainage Act (for allowing greywater in a prescribed
volume not currently regulated under that Act, to be regulated as recycled
water).
Currently, chapter 3 of the Water Act provides for regulation of water and
sewerage service providers by the chief executive as the regulator and also
regulation of dam safety. The existing regulatory framework includes asset
management, customer standards, water conservation measures and dam
safety. This framework was introduced under the Water Act in 2000, and
has been operational since that time, to safeguard the public by ensuring
safe and reliable water and sewerage services, which are generally
provided by monopoly service providers.
It is proposed to incorporate, and continue unchanged, the current service
provider and dam safety regulatory framework into the Bill. The Bill will
also incorporate, unchanged, the existing parts of the Water Act dealing
with investigations powers, enforcement and offence provisions, legal
proceedings and appeal processes and transitional matters necessary to
support the existing regulatory framework relocated from the Water Act to
the Bill.
This new Bill will deal exclusively with the safety and reliability of water
supply throughout Queensland and contribute to the Government's
commitment to ensure the safety and reliability of water supply needs.
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Water Supply (Safety and Reliability) Bill 2008
Amendments to Water Act and SEQ Restructuring Act
The Water Act established the Queensland Water Commission (the
Commission) in May 2006 as an independent statutory authority
responsible for advising Government on options to achieve safe, secure and
sustainable water supplies in SEQ and other designated regions. In August
2006, the Commission was given a Ministerial direction under section
360E of the Water Act, to provide advice to the Government on various
aspects of institutional reform of urban water supply arrangements in SEQ.
In May 2007 the Commission released its report `Our Water - Urban Water
Supply Arrangements in South East Queensland'. The report proposed a
range of structural and regulatory reforms for urban water supply in SEQ.
Following public release and subsequent consideration of responses to the
report, the Government announced its decision to reform the way water
services are provided in SEQ.
The reforms encompass a number of institutional and regulatory changes
occurring over a period to 2010. The first part of the reforms commenced
with the passage of the SEQ Water Restructuring Act in November 2007.
The SEQ Water Restructuring Act establishes three new statutory
authorities to own all bulk water supply assets in SEQ, and provided a
process for the transfer of these assets from their current owners to the new
entities. The SEQ Water Restructuring Act also provides for the
establishment of the water grid manager to operate as the single purchaser
of bulk water services and the single seller of bulk water in SEQ.
The Bill establishes the regulatory framework that will govern the
operation of the SEQ water grid and the SEQ water market, and provides
for the transfer of bulk water entitlements to the water grid manager.
The final stage of the reforms will be the establishment of a local
government owned distribution business and retail businesses. This stage
will also require legislative amendment, and is scheduled to occur by 2010.
Other Amendments to Water Act
Amendments to the Water Act are necessary to enable full and effective
implementation of water resource plans and resource operations plans due
for completion in 2008, to deliver on necessary operational departmental
needs before late 2008 and to make minor technical amendments.
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Water Supply (Safety and Reliability) Bill 2008
How the Policy Objectives will be achieved
Water Supply (Safety and Reliability) Bill
The policy objective is achieved by establishing the Bill to provide for the
safety and reliability of water supply and amending the Water Act, Public
Health Act and Plumbing and Drainage Act.
· Amendments to the Water Act are required to:
· relocate chapter 3 (Service and infrastructure) and the
associated regulator functions for service providers and the
regulation of dam safety into the Bill
· carry over, with necessary changes, the relevant parts of
chapter 1 (Preliminary); chapter 5 (Investigations,
enforcement and offences); chapter 6 (Reviews, appeals and
arbitration); chapter 7 (Legal proceedings); chapter 8
(Miscellaneous) and chapter 9 (Transitional provisions and
appeals) into the Bill.
· The Bill will expand the role of the regulator by introducing two
new regulatory frameworks for the:
· production and supply of certain recycled water for the
protection of public health and for continuity of operation
ensuring reliability and supply to meet the water supply
needs of the community or industry
· supply of drinking water by water service providers (not
private suppliers, for example, water supplied by resorts or
mining communities) for the protection of public health.
· The Bill will, amongst other matters:
· prescribe certain recycled water to be subject to the
regulatory requirements
· require a recycled water provider to have an approved
recycled water management plan, or an exemption, to
produce and supply recycled water
· allow the regulator to declare a recycled water scheme to be
a critical recycled water scheme if necessary to ensure the
continuity of operation to meet essential water supply of the
community or industry or ensure appropriate management
of risks to public health and exercise necessary powers
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Water Supply (Safety and Reliability) Bill 2008
· require a drinking water provider to have an approved
drinking water quality management plan to carryout a
drinking water service
· require a drinking water provider to undertake mandatory
water quality monitoring and reporting for a prescribed
period prior to the requirement for an approved drinking
water quality management plan.
· Amendments to the Public Health Act are required to:
· make the State responsible for `public health risk'
associated with drinking water supplied by a drinking water
service provider and recycled water produced or supplied
under a recycled water scheme
· oblige drinking water service providers to supply water for
drinking purposes that is not `unsafe'
· oblige recycled water providers to supply recycled water
that is `fit for use'
· provide for improvement notices to be issued if there is a
breach of these obligations and to require the provider to
take prescribed action
· expand the regulation-making power to enable regulations
to be made about drinking water, greywater, recycled water
and water used for recreational purposes, including for
example water quality criteria for drinking water and
specified uses of recycled water.
· Amendments to the Plumbing and Drainage Act are required to
allow for a greywater treatment plant with capacity to treat 50kL
or more of greywater a day to be regulated under the recycled
water regulatory framework under the Bill.
Amendments to Water Act and SEQ Restructuring Act to further
facilitate SEQ urban water reform
The policy objectives are achieved by:
· amending the Water Act to
· provide a process for `declaring' water services that
contribute to water supply security in the SEQ region, for
the purpose of ensuring those services are supplied
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Water Supply (Safety and Reliability) Bill 2008
exclusively to the water grid manager, in order to allow the
cost of those services to be shared across the region
· provide the Minister with the power to make market rules
governing the operation of the SEQ water market and to
impose contracts between the water grid manager and
market participants
· provide a process to allow for the transfer to the water grid
manager of authorities to take water associated with
declared water services
· exclude liability of consequential losses in relation to legal
actions brought by one grid participant against another grid
participant, unless the action relates to damages for personal
injury or involves wilful default
· extinguish contracts that currently exist for the supply of
water where those contracts are to be replaced by imposed
contracts with the water grid manager
· enable existing contract terms requiring that water must
come from a specified source to be overridden, providing
the substituted water is fit for purpose
· clarify that a system operating plan, made by the
Commission, can apply to both water supply works and
sewerage
· expand the Commission's information gathering powers to
enable information management and reporting by the
Commission
· provide guidance to the Queensland Bulk Water Supply
Authority, in undertaking the functions of a referral agency
for development applications in declared catchments areas
· implement the findings of a review of the effectiveness of
chapter 2, part 2, division 2A of the Water Act.
· amending the SEQ Water Restructuring Act to
· provide for a process by which the Coordinator-General
may continue a land resumption process commenced by a
local government under the Acquisition of Land Act 1967
(Acquisition of Land Act) in relation to a bulk water asset
transferred subsequently from a local government to a new
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Water Supply (Safety and Reliability) Bill 2008
water entity pursuant to a transfer notice issued under
section 67 of the SEQ Water Restructuring Act
· provide a process whereby a new water entity may obtain
appropriate land tenure in respect of bulk water assets
situated on land used for multiple purposes by local
governments (for example, bulk water supply and
recreational purposes)
· provide for the preservation of infrastructure charges,
agreements and conditions made by local governments
under the Integrated Planning Act, even though the relevant
infrastructure has been transferred to one of the new water
entities.
Other Amendments to Water Act
The policy objectives are achieved by making a number of amendments to
enable full and effective implementation of resource operations plans due
to commence in 2008 and ensure the ongoing operation of the Water Act.
Alternatives to the Bill
There are no alternatives to the amendments made by the Bill.
Estimated administrative cost to the Government for
Implementation
Most of the proposals in the Bill will be implemented by the relevant
departments or agencies responsible for the legislation from within existing
resources.
Consistency with Fundamental Legislative Principles
Delegation of regulator's powers
Section 4(2)(a) of the Legislative Standards Act 1992 (Legislative
Standards Act) requires legislation to have sufficient regard to the rights
and liberties of individuals. Section 4(3)(c) of the Legislative Standards
Act provides that whether a legislation has sufficient regard to the rights
and liberties of individuals depends on whether, for example, the
legislation allows the delegation of administrative power only in
appropriate cases and to appropriate persons.
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Water Supply (Safety and Reliability) Bill 2008
Clause 15 of the Bill provides for the making of a regulation that states
whether a power of the regulator under the Bill may be delegated or not
delegated. The power to delegate in the regulation is limited to a particular
power and particular person. As it would not be possible for the regulator to
exercise all powers personally, it is appropriate that provision be made for
delegation.
Power for authorised persons to enter places for restricted purposes
Section 4(3)(e) of the Legislative Standards Act provides that whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example, the legislation confers power to enter
premises, and search for or seize documents or other property, only with a
warrant issued by a judge or other judicial officer.
Clauses 33, 34, 35, 36 and 37 of the Bill allow an authorised person, for
example, an appropriately qualified employee or contractor of a service
provider, to enter places to: disconnect unauthorised connections to the
provider's infrastructure; undertake remedial work; install, read, check,
maintain or replace meters and; for other restricted purposes such as
maintaining and protecting infrastructure. These carry on provisions that
existed under the Water Act for the same purpose. These powers of entry
are justified on the basis that:
· they are essential for service providers to carry out their business
and ensure lawful use of water. For example, water service
providers who provide retail water services own the water meters
and are responsible for reading and charging customers
accordingly, and maintaining and replacing meters as necessary.
As a result, water service providers require adequate powers to
read meters, check accuracy of meters and maintain or replace
meters
· prior notice is given to the person making the unauthorised
connection to show cause why the disconnection should not
happen. Similarly, the power to enter for restricted purposes such
as maintaining and protecting infrastructure is only exercisable
after the giving the occupier 14 days' notice, except where urgent
action is needed, or if prior consent is obtained
· none of the sections listed above authorise entry to a dwelling
house. The powers to enter are limited, for example, to a right to
enter to disconnect the unauthorised connection. The right to
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Water Supply (Safety and Reliability) Bill 2008
enter relates only to the service provider's infrastructure and does
not apply to entry of a dwelling house
· compensation is payable should damage arise from exercising
the entry powers and authorised persons must produce and
display identity cards.
Many of these powers are modelled on the current powers of electricity
providers.
Clause 36 of the Bill also establishes that an authorised person may enter a
place to install a device to reduce flow of water to premises under section
169. Clause 169 empowers a water service provider to reduce water flow to
premises to the necessary minimum for health and sanitation if, after giving
written notice, the owner or occupier continues to contravene a service
provider or commission water restriction or not pay a rate or charge for the
service. These carry on provisions that existed under the Water Act for the
same purpose. Although there is no merits appeal in relation to the service
provider's action, review under the Judicial Review Act 1991 is not
excluded. Compliance with water restrictions is paramount to a water
service provider's ability to manage their current water supplies; this is
particularly critical in the current water supply emergency under the Water
Act in the SEQ region. Action to restrict flow is considered a measure of
last resort and is considered justified as an owner or occupier has an
opportunity to remedy repeated breaches before the action is taken.
Notification of water quality criteria inconsistency
Section 4(3)(f) of the Legislative Standards Act provides that whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example, the legislation provides appropriate
protection against self-incrimination.
Clause 102 requires the drinking water service provider to notify the
regulator of incidences of water quality inconsistent with the provider's
drinking water quality management plan. Clause 270 requires a recycled
water service provider to notify the regulator of incidences of water quality
inconsistent with the provider's recycled water management plan or
conditions of an exemption.
In each clause, the notification must be made to the regulator immediately
unless for a reasonable excuse. The clause provides that it is not a
reasonable excuse to not notify the regulator on the grounds the notification
may incriminate the person's protection against self-incrimination.
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Water Supply (Safety and Reliability) Bill 2008
In both cases, water quality criteria exceedances in drinking water or
recycled water can lead to an adverse or serious impact on public health.
The serious nature of the risks warrants removing the rights against
self-incrimination. To ensure the rights of the person making the
notification are protected, the clauses provide that information provided to
the regulator is not admissible in evidence against the individual in any
civil or criminal proceeding. These clauses seek to balance the need to
protect public health and protect the interests of the individual.
Dispute resolution process
Section 4(2)(a) of the Legislative Standards Act requires that legislation
has sufficient regard to the rights and liberties of individuals. Section
4(2)(b) of the Legislative Standards Act provides that whether legislation
has sufficient regard to the institution of Parliament depends on whether,
for example, the Bill sufficiently subjects the exercise of a delegated
legislative power to the scrutiny of the Legislative Assembly.
Clause 317 provides for a dispute resolution process to be made by
regulation for parties of multi-entity recycled water schemes declared to be
a critical recycled water scheme by the regulator. The dispute resolution
process will be limited in application to entities within a declared critical
recycled water scheme. Certain prescribed recycled water schemes must be
declared critical by the regulator under the Bill, for example, a recycled
water scheme that is for the purpose of augmenting a town water supply, or
alternatively on the discretion of the regulator, to ensure the continuity of
operation of the scheme to meet essential water supply needs of the
community or industry or ensure appropriate management of risks to
public health. Critical recycled water schemes are declared by the regulator
in cases where the supply of recycled water poses a greater public health
risk or the continuity of operation is required to ensure the water supply
needs of a community or industry are met. A means of resolving disputes
between parties is necessary to minimise disruption to such schemes to
contribute to ensuring the protection of public health and the meeting of
essential water supply needs. It is therefore necessary to have the dispute
resolution process prevail over any contractual arrangements between the
parties that may otherwise deal with resolution of issues in dispute.
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Water Supply (Safety and Reliability) Bill 2008
Trade waste notification
Section 4(2)(a) of the Legislative Standards Act requires that legislation
has sufficient regard to the rights and liberties of individuals.
Clause 330 allows the regulator to give notice to a local government about
the discharge of trade waste into the local government's sewerage
infrastructure that may be permitted under a trade waste approval. The
notice may require the local government to either prohibit or alternatively
condition the discharge of particular trade waste. This is a limited power to
be exercised by the regulator where the regulator must be of the view that
the trade waste is likely to adversely affect the quality of recycled water
that will be produced from this source. This is a necessary power of the
regulator in circumstances where the contaminant in the trade waste must
be removed rather than treated during the recycling process to ensure the
protection of public health. This clause seeks to balance the need to protect
public health and protect the interests of the individual.
Owners of flood mitigation dams
Section 4(3)(h) of the Legislative Standards Act provides that whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example, the legislation does not confer immunity
from proceeding or prosecution without adequate justification.
Clause 374 provides that an owner of a flood mitigation dam shall not be
civilly liable for actions taken or omissions made by the owner honestly
and without negligence in operating a dam in accordance with approved
procedures. This carries on a provision that existed under the Water Act
(and prior to the Water Act, the South East Queensland Water Board Act
1979) for the same purpose. Essentially the provision requires that the
operator of the approved flood management storage must have, and comply
with, Ministerial approved manuals as to how the storage is operated.
Where releases from the storage may result in some damage downstream
(for example, damage to a bridge) the operator is not liable.
The provisions are not matters that the service providers undertake as part
of their normal commercial operations. Rather, they are things the operator
undertakes to fulfil a broader public purpose, for example, to control
releases and undertake certain reporting and coordinating activities with
local governments about release from the storage.
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Water Supply (Safety and Reliability) Bill 2008
The Bill provides that if the service provider operates the storage according
to the approved manual, and acts honestly and without negligence, the
service provider will not be liable. Liability will attach to the State instead.
Investigation matters
Section 4(3)(e) of the Legislative Standards Act provides that whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example, the legislation confers power to enter
premises, and search for or seize documents or other property, only with a
warrant issued by a judge or other judicial officer.
Clause 410 and 411 give authorised officers a power to enter land to
monitor compliance with the Bill in relation to service provider regulation,
dam safety regulation and also drinking water and recycled water
regulation and to collect information relating to dam safety (that is,
referable dams). These carry on provisions that existed under the Water Act
in relation to current service provider regulation and dam safety regulation.
These powers of entry are justified because:
· the power to enter is limited to places that are not dwelling
houses
· the power is largely limited to the particular purposes referred to
above, which are necessary for determining the safety of
referable dams to protect population at risk and compliance with
approved recycled and drinking water management to ensure the
protection of public health
· the only way to monitor compliance with the authorised activity
is to enter land. Failure to act immediately could result in a risk
to public health and safety
· if the entering is for a different purpose, the occupier must
consent, the place must be a public place, entry must be by
warrant, or the place must be open as a place of business
· the powers of entry must be exercised at a reasonable time (other
than when acting on a warrant, with consent or with reason to
believe that unauthorised taking interference or use is occurring).
The power in these clauses is able to be exercised at any time and without
warrant, consent or prior notice, due to the need to ensure the protection of
public health. There are similar powers in chapter 9, part 2 of the
Environmental Protection Act 1994 (Environmental Protection Act) and
chapter 5 of the Water Act.
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Water Supply (Safety and Reliability) Bill 2008
Failure to produce document or information
Section 4(3)(f) of the Legislative Standards Act provides that whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example, the legislation provides appropriate
protection against self-incrimination.
Clause 434 provides that it is not an excuse to fail to comply with a
document production requirement or information requirement because it
might incriminate the individual. This carries on provisions that existed in
the Water Act for the same purpose. It is arguable this provision may
constitute a breach of the fundamental legislative principles with regard to
protection against self-incrimination. However, this provision is required to
avoid the situation where an employee of a company can decline to provide
information or produce a document thereby making it extremely difficult to
obtain sufficient information against the corporate entity regarding an
alleged offence. In effect, a corporation can effectively choose to accept a
lesser penalty, for example, failure to produce a document, rather than risk
prosecution for an offence.
This clause also contains a safeguard in that the information or document
produced may not then be used to prosecute the individual required to
provide it. Consequently the individual is protected against the
consequences of self-incrimination. A similar provision is provided under
the Vegetation Management Act 1999 (Vegetation Management Act), the
Food Act 2006 (Food Act) and the Fair Trading Act 1989 (Fair Trading
Act). In addition it should be noted that the High Court has determined that
a corporate entity is not entitled to protect itself against self-incrimination.
Enforcement provisions for managing adverse impact on public health
Section 4(3)(e) of the Legislative Standards Act provides that whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example, the legislation confers power to enter
premises, and search for or seize documents or other property, only with a
warrant issued by a judge or other judicial officer.
Clause 438 of the Bill provides for the regulator, or an authorised officer, to
enter a place, but not a residence, to take reasonable steps in the event the
regulator is satisfied or reasonably satisfied urgent action is necessary to
prevent or minimise the adverse impact to public health. This provision is
justifiable as the steps needed to be taken only relate to urgent matters that
constitute an adverse impact on public health and immediate action is
required to be taken to respond to such a risk to public health. The exercise
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Water Supply (Safety and Reliability) Bill 2008
of this power allows an authorised officer to, without consent or warrant,
enter a place, but not including a residential place. A power of entry in
these circumstances are consistent with other legislation necessary to
ensure the requirements of the legislation are complied with and that the
potential health risks associated with recycled water and drinking water are
minimised as immediately as possible and be appropriately dealt with for
the purposes of protecting public health. This clause seeks to balance the
need to protect public health and protect the interests of the individual.
Similar provisions are included in the Food Act and also the Environmental
Protection Act.
Criminal history
Clause 461 enables the chief executive to access, through the commissioner
of the police service, information about a person's criminal history in
circumstances where an authorised officer reasonably suspects the person
may be present at a place the authorised officer enters. This carries on a
provision that existed under the Water Act. This may be considered a
breach of the right to privacy. However, this right must be balanced against
an authorised officer's right to a safe and secure working environment, and
the obligation of the State to provide such an environment to its employees.
Authorised officers are unarmed, and may work in remote areas with
sometimes little assistance should they be confronted with a violent or
dangerous situation.
The provision enables the chief executive to obtain advice as to whether a
person has a history of offences involving violence or firearms, before an
authorised officer enters a place where the person is likely to be present.
This provides an opportunity for the authorised officer to request to be
accompanied by a police officer if it is considered that unaccompanied
entry to a place would create an unacceptable level of risk to the authorised
officer's safety.
This clause is further justified as clause 462 provides stringent safeguards
regarding the use, communication and confidentiality of criminal history
information provided. Similar provisions are also provided under the
Vegetation Management Act and the Water Act.
Transitional regulation
Section 4(2)(b) of the Legislative Standards Act requires that legislation
has sufficient regard to the institution of Parliament. Section 4(4)(b) of the
Legislative Standards Act provides that whether a Bill has sufficient regard
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Water Supply (Safety and Reliability) Bill 2008
to the institution of Parliament depends on whether, for example, the Bill
sufficiently subjects the exercise of a delegated legislative power to the
scrutiny of the Legislative Assembly.
Clause 635 authorises the making of transitional regulations for one year
for matters for which the Bill does not sufficiently provide. This is
considered to be justified in view of ensuring the effective implementation
of the new regulatory frameworks for recycled water and drinking water
which are primarily for the protection of public health. The new regulatory
frameworks are significant in their application to ensuring the protection of
public health. It is necessary to ensure the regulatory framework, in its
potential initial application of approving recycled water for the purpose of
augmenting drinking supply, achieves the objective of protecting public
health. It is in the public interest that there are no gaps in the regulatory
framework that may adversely impact on public health. Similar provisions
have been used in Queensland legislation when regulatory regimes are
being substantially changed.
Coordinator-General is constructing authority for particular land to be
acquired under the Acquisition of Land Act.
Section 4(3)(a) of the Legislative Standards Act provides that whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example, the legislation makes rights and liberties,
or obligations, dependent on administrative power only if the power is
sufficiently defined and subject to appropriate review.
Clause 662 of the Bill inserts a new section 79A into the SEQ Water
Restructuring Act. This clause applies if, as a result of a transfer notice
issued under section 67 of the SEQ Water Restructuring Act, a local
government cannot continue a land resumption process commenced in
relation to an asset transferred subsequently to a new water entity. Where
this occurs, the Coordinator-General may decide to continue the
acquisition of land. However, section 84 of that Act would exclude judicial
review in respect of that decision. Without this new clause, a resumption of
land process in relation to a transferred bulk water asset would need to be
recommenced under a different process by the Coordinator-General
pursuant to the State Development and Public Works Organisation Act on
behalf of the relevant new water entity. This would cause undesirable
inconvenience to an affected land owner. This clause does not affect land
owners' rights under the Acquisition of Land Act. The proposed
amendment provides expressly that an affected land owner has the same
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Water Supply (Safety and Reliability) Bill 2008
rights and liabilities under the Acquisition of Land Act as the person had
before the Coordinator-General acted under this clause.
Reconfiguring a lot after transfer notice takes effect
Section 4(2)(a) of the Legislative Standards Act provides that legislation
has sufficient regard to rights and liberties of individuals.
Clause 664 of the Bill inserts a number of new sections in the SEQ Water
Restructuring Act and provides that the Integrated Planning Act does not
apply to the reconfiguring of a lot, and a plan of subdivision does not
require the agreement, consent or approval of another entity under section
50 of the Land Title Act 1994 (Land Title Act) in the prescribed
circumstances. This clause applies to the subdivision of land between a
local government and a new water entity, where bulk water assets are
situated on land used for multiple purposes by a local government (for
example, situated on the land is a water treatment plant and office buildings
unrelated to local government's water business). The purpose of this clause
is to facilitate the transfer of bulk water assets from a local government to a
new water entity and ensure that each entity has separate land tenure and
appropriate control over its assets.
This clause is appropriate because of its restricted application. The
preclusion of the Integrated Planning Act:
· is for a specific and narrow purpose - a `one off event' to
facilitate the transfer of bulk water assets from local governments
to the new water entities in respect of that relevant parcel of land
· will not authorise any new development or use of the land by a
local government or a new water entity
· will expire, along with the Treasurer's power to issue a transfer
notice under section 67 of the SEQ Water Restructuring Act on
16 November 2010
· will apply to a small number of sites.
However, this clause may affect third parties who hold registered interests
in land proposed to be subdivided between a new water entity and local
government because third parties will not have an opportunity to object to
the subdivision. However, the proposed subdivision will not affect third
parties' rights associated with the use of the land. Further, without
subdivision, there are likely to be instances where third parties will be
inconvenienced because they will be required to deal with an additional
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Water Supply (Safety and Reliability) Bill 2008
party (namely, a new water entity) in relation to their existing uses of the
relevant land.
Regulation power to redistribute water entitlement
Section 4(2)(a) of the Legislative Standards Act requires that legislation
has sufficient regard to the rights and liberties of individuals.
Clause 690 of the Bill inserts a provision into the Water Act to provide a
regulation making power to set out a process for the redistribution of an
existing interim water allocation to give effect to the objectives and
outcomes of a water resource plan under the Water Act. The power will be
exercised to deliver on the outcomes of the Water Resource (Gulf) Plan
2007 (Gulf Water Resource Plan) to provide that an existing interim water
allocation held by Mount Isa Water Board is able to be redistributed to an
identified set of water users (including the Board) who are currently
recipients of this water supply from the Board. Currently the Board holds
an interim water allocation under the Water Act. This interim water
allocation was granted to Board under the Water Act in 2000, replacing the
Board's then water authorisation which was created under an Order in
Council dated 12 August 1976 which established the Board and authorised
it to construct works to provide a supply of water to Mount Isa Mines
Limited and Mount Isa City Council.
A key outcome of the Gulf Water Resource Plan is to provide for water
entitlements to be held by the end users in the plan area. Whilst the Board
holds the interim water allocation, it is held by the Board for the purpose of
supplying water to Mount Isa Mines Limited and Mount Isa City Council
rather than the sole purpose of the Board. The proposed amendment will
give effect to the current supply arrangement by having the interim water
allocation redistributed as three interim water allocations, with each entity,
including the Board, specifically holding one of the new allocations.
The Water Act does not provide for any statutory compensation for this
redistribution of a water entitlement. The nature of an interim water
allocation under the Water Act is not of itself a `saleable' right or
entitlement. The Board will continue to be remunerated by its customers
for the supply of its water service it undertakes as a function of the Board
and will still be able to carry out this function as a board.
Power to make market rules
Section 4(2)(b) of the Legislative Standards Act requires that legislation
has sufficient regard to the institution of Parliament. Section 4(4)(b) of the
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Water Supply (Safety and Reliability) Bill 2008
Legislative Standards Act provides that whether a Bill has sufficient regard
to the institution of Parliament depends on whether, for example, the Bill
sufficiently subjects the exercise of a delegated legislative power to the
scrutiny of the Legislative Assembly.
The new section 360ZDA inserted into the Water Act by clause 713 of the
Bill provides the Minister with the power to make market rules governing
the operation of the SEQ water market. The rules will be a statutory
instrument within the meaning of the Statutory Instruments Act 1992
(Statutory Instruments Act), but will not be subordinate legislation.
The proposed content of the rules is, in many respects, highly technical and
not appropriate for inclusion in subordinate legislation. The matters the
rules will cover include principles for deciding prices payable to suppliers
of declared water service, principles for deciding prices payable for water
sold by the SEQ water grid manager and the regulation of operational
aspects of the market specific to the water grid including metering, water
quality and asset performance standards.
The rules will only apply to registered grid participants, who will mostly be
large organisations such as State-owned statutory authorities, local
governments and government owned corporations.
Although they are not subordinate legislation, the rules and any
amendments to the rules, are required to be tabled in the Legislative
Assembly within 14 days of taking effect.
In addition, the Bill contains a requirement for the Minister to conduct a
review into the operation and effectiveness of the rules as soon as
practicable after the second anniversary of the rules taking effect. A report
about the outcomes of the review is required to be tabled in the Legislative
Assembly.
Limitation of liability of grid participants
Section 4(3)(h) of the Legislative Standards Act provides that whether
legislation has sufficient regard to the rights and liberties of individuals
depends on whether, for example, the legislation does not confer immunity
from proceeding or prosecution without adequate justification.
Under the new arrangements for water supply in the SEQ region, the
contractual relationships between the parties will not follow the physical
flow of the water.
Taking into account manufactured water sources, water will flow:
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Water Supply (Safety and Reliability) Bill 2008
· from assets owned by the Queensland Manufactured Water
Authority, such as the Wester Corridor Recycled Water Project,
to assets owned by the Queensland Bulk Water Supply Authority,
such as Wivenhoe Dam
· then from Queensland Bulk Water Supply Authority assets to
assets owned by the Queensland Bulk Water Transport Authority,
such as the trunk main between Mt Crosby treatment plant and
Chapel Hill reservoir and
· from there to assets owned by a local government (for example,
the Brisbane reticulation network).
While each of these parties will have a contract with the water grid
manager, none of the parties will have a contract with each other. However,
there is a real potential for loss or damage between parties as a result of the
operational interface between them.
Limitation of liability between parties with an operational interface would
usually be dealt with in a party to party contract. Limiting liability to direct
losses in these contracts is consistent with the general position adopted by
entities operating in a utilities market. In the absence of contracts, liability
can be limited in legislation and the Victorian gas industry market and
system operations rules provide a precedent for this approach.
The contracts between the parties and the water grid manager are made by
the Minister, so there is limited opportunity for the parties to negotiate the
terms of the contract, including terms relating to mitigation of the risk of
consequential loss or damage.
The limitation in new section 360ZDI of the Water Act, inserted by clause
713 of the Bill applies only to actions brought by one grid participant
against another grid participant, and does not apply to any personal injury
claims, or where there is knowing and wilful conduct resulting in loss or
damage.
Transfer notice
Section 4(4)(b) of the Legislative Standards Act provides that whether a
Bill has sufficient regard to the institution of Parliament depends on
whether, for example, the Bill sufficiently subjects the exercise of a
delegated legislative power to the scrutiny of the Legislative Assembly.
New section 360ZDN inserted into the Water Act by clause 713 of the Bill
allows the Minister, by way of a notice in the gazette (a transfer notice), to
replace existing authorities to take and interfere with water, with one or
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Water Supply (Safety and Reliability) Bill 2008
more authorities to take water and an authority to interfere with water, and
to transfer authorities to take water from the holder of those entitlements to
the SEQ water grid manager.
The authorities that will be transferred to the water grid manager will be
those authorities that relate to water supplied by declared water services.
Under the new part 5A in chapter 2A of the Water Act, water supply by
declared water services may only be sold to the water grid manager. The
transfer of authorities relating to water supply by declared water services to
the water grid manager is necessary to enable the water grid manager to
undertake its role of sole purchaser of declared water supply services, and
sole seller of water supplied by declared water services.
Centralised ownership of authorisations to take water is necessary to
manage drought situations and to implement the chosen water supply
model in the SEQ region. A key principle underpinning the establishment
of the SEQ water grid and the accompanying regulatory arrangements is
that water is a shared resource. As construction of new water sources and
pipelines are completed and the grid is connected, water will be able to be
moved around the region, and sources supplying particular areas will be
able to be substituted. It is critical for the water grid manager to hold the
relevant water authorisations to be able to manage all water supplies
conjunctively on a regional basis to ensure the maximum public benefit.
The section will have a very limited scope of operation. Following the
transfer of assets under the SEQ Water Restructuring Act, the majority of
water authorities to which these provisions apply will be held by the bulk
water supply authority, the statutory authority established under the SEQ
Water Restructuring Act to own all major water storages and water
treatment facilities in the SEQ region.
To increase the transparency of the provision, extensive investigations were
undertaken to identify the relevant authorisations to which the provision
will apply, and to the greatest extent practicable, the authorisations are
specifically identified in the section.
The provisions relating to the transfer of relevant authorisations to the
water grid manager also relate to the principle in section 4(2)(a) of the
Legislative Standards Act that legislation has sufficient regard to the rights
and liberties of individuals. Section 4(3)(i) of the Legislative Standards Act
provides that whether legislation has sufficient regard to the rights and
liberties of individuals depends on whether, for example, the legislation
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Water Supply (Safety and Reliability) Bill 2008
provides for the compulsory acquisition of property only with fair
compensation.
Most of the relevant authorities are of an interim or historical nature and
are likely to be replaced with contemporary authorities, including tradable
water allocations, in the near future. There is currently a process being
undertaken, under the water resource planning framework of the Water Act,
to convert some of the authorisations to be transferred under the provisions
of the Bill to water allocations.
Once water allocations are created they are a clearly defined right with
measures of protection associated with their performance, and are able to
be traded separately from the land to which some have historically been
attached. All of the authorisations of relevance to these provisions of the
Bill as they currently exist are unable to be traded. However, the Water Act
does provide a process for the transfer of some of these authorisations
between various entities.
The provisions of the Water Act as currently written do not contemplate
any form of compensation for changing the value of, or transferring an
authorisation of the type relevant to these provisions. The current Water
Act provisions do however explicitly provide for compensation to be
payable in the case of a change of value to a water allocations, none of
which exist in SEQ as yet.
Notwithstanding the interim and historical nature of the water
authorisations being transferred to the water grid manager, the transferring
entities (local governments and the Queensland Bulk Water Supply
Authority) will be in a similar position after the transfer of the
authorisations, in terms of their commercial operations and the ability to
supply water to their end use customers.
As mentioned above, the majority of authorisations will be transferred
from the bulk water supply authority. The commercial arrangements
envisaged under the new SEQ framework between the water grid manager
and the Queensland Bulk Water Supply Authority would not be any
different should the Queensland Bulk Water Supply Authority hold the
relevant water authorisations. The commercial outcome for the Queensland
Bulk Water Supply Authority would be the same whether they held the
water authorisations or not. The payments made from the water grid
manager to the Queensland Bulk Water Supply Authority will relate to
costs of the Queensland Bulk Water Supply Authority operations and the
value of the assets providing the services to the water grid manager.
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Water Supply (Safety and Reliability) Bill 2008
A small number of interim water allocations will be transferred from local
governments to the water grid manager. These local governments will in
turn enter into contracts with the water grid manager for the supply of
water. The water supply that these local governments currently derive from
extracting water under the water authorisations to be transferred will
effectively be replaced with a treated water product delivered under
contractual arrangements. In short, there is the potential for the local
governments to be in a similar, if not improved, position in terms of the
water supply security due to the centrally planned nature of the water
supply model being implemented in SEQ.
Transfer notice has effect despite any other provision
Section 4(4)(c) of the Legislative Standards Act provides that whether a
Bill has sufficient regard to the institution of Parliament depends on
whether, for example, the Bill authorises the amendment of an Act only by
another Act.
The new section 360ZDN(5) of the Water Act inserted by clause 713 of the
Bill provides that a transfer notice has effect despite any other law or
instrument.
The transfer notice process is the simplest and most effective method of
transferring water entitlements from current holders to the water grid
manger. As noted above, the transfer notice will have a very limited scope
of operation, and will apply to specific authorities, the majority of which
will be held by a statutory authority.
The transfer notice process is transitional and is required to `initialise' the
SEQ water market. It is not expected that the provision will have ongoing
application.
Source substitution in existing contracts
Section 4(2)(a) of the Legislative Standards Act requires that legislation
has sufficient regard to the rights and liberties of individuals.
Clause 745 of the Bill inserts a provision into the Water Act to override any
existing contractual provision that specifies that water must be supplied
from a particular source.
A key principle underpinning the establishment of the SEQ water grid and
the SEQ water market is that water is a shared resource. As construction of
new water sources and pipelines are completed and the grid is connected,
water will be able to be moved around the region, and sources supplying
particular areas will be able to be substituted.
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Water Supply (Safety and Reliability) Bill 2008
If a contract specifies that water must be supplied from a specific source,
this conflicts with the core underlying principle that water for urban and
industrial use in SEQ is a shared resource and supply from the SEQ grid
may come from a variety of sources, as determined by the water grid
manager, depending on quality considerations and the optimum
conjunctive use of the SEQ water storages.
The rights of individuals are protected under the section via the
requirement that any water substituted under the provision must be fit for
the purpose for which the water is supplied.
Consultation
Consultation on the development of the Bill has been undertaken with the
Recycled Water Interdepartmental Committee which includes senior
representatives of Department of Premier and Cabinet; Department of
Infrastructure and Planning; Department of Employment and Industrial
Relations; Department of Local Government, Sport and Recreation;
Environmental Protection Agency; Department of Primary Industries and
Fisheries; Queensland Fire and Rescue Service; Safe Food Queensland and
Department of Tourism, Regional Development and Industry.
In addition consultation on the development of the Bill in relation to
recycled water and drinking water regulatory frameworks under the Bill
was undertaken with Local Government Association of Queensland;
Queensland Water Directorate; Local Government Managers Association
of Queensland; Urban Local Government Association of Queensland
Australian Water Association; Water Services Association of Australia;
Urban Development Institute of Australia; AgForce; CANEGROWERS;
Queensland Dairy Farmers' Organisation and Queensland Farmers
Federation.
The Queensland Water Commission consulted on the implementation
details for stage 1 SEQ reforms with the Legislation and Entitlements
Working Group comprising representatives of SEQ water industry bodies,
including local governments and the State owned entities established under
the SEQ Restructuring Act and also Department of Premier and Cabinet,
Queensland Treasury and Department of Natural Resources and Water.
Consultation was also undertaken on aspects of the changes to the Water
Act under the Bill with Department of Premier and Cabinet; Department of
Infrastructure and Planning; Queensland Treasury; Department of Mines
and Energy; Department of Justice and Attorney-General; AgForce;
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Water Supply (Safety and Reliability) Bill 2008
Queensland Farmers Federation; Mount Isa Water Board; Mount Isa Mines
Limited; Veolia Water Australia Pty Ltd and Western Corridor Recycled
Water Pty Ltd.
Results of consultation
Community and industry stakeholders
The majority of the groups consulted provided a positive response to the
proposed measures in the Bill.
Government
All departments and agencies consulted support the Bill.
Notes on Provisions
Chapter 1 Preliminary
1 Short title
Clause 1 states that this Act is the Water Supply (Safety and Reliability) Act
2008.
2 Commencement
Clause 2 provides for when the Bill commences. Subclause (1) sets out the
provisions of the Bill that are to commence on 1 August 2008 and
subclause (2) provides for prescribed clauses to commence on a date to be
fixed by proclamation with the remainder to commence on assent.
3 Purpose of Act and its achievement
Clause 3 sets out the purpose of the Bill. The purpose of the Bill is to
provide for the safety and reliability of water supply to ensure that the
water supply needs of Queensland continue to be met into the future.
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Water Supply (Safety and Reliability) Bill 2008
The purpose is achieved primarily by:
· providing for
· a regulatory framework for providing water and sewerage
services in the State, including functions and powers of
service providers
· a regulatory framework for providing recycled water and
drinking water quality, primarily for protecting public
health
· the regulation of referrable dams
· flood mitigation responsibilities.
· protecting the interests of customers of service providers.
4 Definitions
Clause 4 provides that words used in the Bill are defined in the dictionary
in schedule 3 of the Bill.
5 Act binds all persons
Clause 5 provides that all persons are bound by the Bill, including the
State, and to the extent of State legislative power, the Commonwealth and
other States. However, this provision does not apply to the operation of the
State Development and Public Works Organisation Act and the powers of
the Coordinator-General under that Act.
Chapter 2 Infrastructure and Service
Part 1 Preliminary
6 Application of ch 2 to local governments
Clause 6 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It clarifies that nothing in this
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Water Supply (Safety and Reliability) Bill 2008
chapter affects the powers of local governments or authorised persons
under the Local Government Act 1993 (Local Government Act). This
clause is required because there is some overlap between the powers and
functions of service providers under the Bill (which includes local
governments) and the powers and functions of local governments under the
Local Government Act.
7 Sections 7--9 not used
Clause 7 provides that clauses 7 to 9 are not used.
Because of the size and complexity of the Bill, some clause numbers have
been deliberatly left blank, generally at the end of each part. If the Bill is
amended in the future, this will assist making the necessary amendments
without needing to renumber the whole Bill.
Part 2 The regulator
10 Who is the regulator
Clause 10 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It states that the chief executive of
the department is the regulator and continues the current situation existing
under the Water Act.
11 Regulator's general functions
Clause 11 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for the general
functions of the regulator. The regulator must consider the purposes of
the Bill when performing its functions. In this section, function includes
power.
12 Register of service providers
Clause 12 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for a register of service
providers to be kept by the regulator and the details the information the
register must contain. The register may be kept in the form the regulator
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Water Supply (Safety and Reliability) Bill 2008
considers appropriate, including in an electronic form. The regulator must,
as soon as practicable after 1 January each year, publish in the government
gazette a current list of the registered service providers.
13 Requirement for service provider to give information
Clause 13 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to drinking water and recycled water regulation. It states that the regulator
may require a service provider, by way of written notice, to provide
information to enable the regulator to perform its functions. The notice must
state the reasonable time in which the service provider must provide the
information to the regulator. If the service provider is an individual, the
service provider, however, is not required to give any information which
might tend to incriminate the service provider. In this clause, the term service
provider includes any recycled water service provider.
14 Annual reports
Clause 14 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that the regulator may
prepare annual reports under this part (about the regulator's activities). The
annual report may include information the regulator obtained under part 4,
division 9 about annual reports provided by a service provider or information
obtained by the regulator obtained under clause 13 or 271 that relates to
annual reports provided by recycled water providers.
15 Delegation by regulator
Clause 15 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It states that the regulator may
delegate a function of the regulator to an appropriately qualified officer of the
Department if the regulator is satisfied the person has the necessary
experience and expertise. A regulation may be made stating that a
function of the regulator may not be delegated or only delegated to a
particular person. In this clause, function includes a power.
16 Sections 16--19 not used
Clause 16 provides that clauses 16 to 19 are not used.
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Water Supply (Safety and Reliability) Bill 2008
Part 3 Service providers
Division 1 Registration of service providers
20 Who must apply for registration as a service provider
Clause 20 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out the requirements for
who must apply for registration as a service provider. The following
entities must apply to be registered as a service provider before starting to
operate:
· local governments that own infrastructure for supplying water or
sewerage services
· water authorities that own infrastructure for supplying water or
sewerage services
· any other person who owns, or is an entity nominated as a related
entity of the owner of one or more elements of infrastructure for
supplying water or sewerage services for which a charge is
intended to be made. For example, where a subsidiary company
is the owner of the infrastructure, it is possible to nominate, by
regulation, to have the parent company listed as registered
service provider.
A person who owns infrastructure for the supply or production of recycled
water (as a recycled water provider under chapter 3 of the Bill) does not
have to apply for registration as a service provider unless the person also
fits into one or more of the above categories (that is, the person also owns
infrastructure for supplying water or sewerage services).
The regulatory framework under the Bill is based on a process of
registration for service providers, with regulatory obligations stated in
legislation (rather than, for example, in a licence). It should be noted that
the requirement to be registered generally captures the owner of the
infrastructure, rather than the operator. In cases where the operator of the
infrastructure is not the owner of the infrastructure, the onus will be on the
owner (for example, through contractual arrangements) to ensure that the
operator complies with the owner's obligations under the Bill. Registration
is a prerequisite to a service provider being able to utilise the powers
afforded to service providers under part 3, division 2 of the Bill. This
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Water Supply (Safety and Reliability) Bill 2008
clause should be read with clause 190, which makes it an offence to supply
water services or sewerage services unless the person is registered or is
operating infrastructure for a service provider who is registered.
21 Applying for registration as a service provider
Clause 21 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out the process by which a
service provider may apply to the regulator to become registered. An
application for registration must be in the approved form, be supported by
sufficient information to enable the regulator to decide the application and
be accompanied by the prescribed fee. This clause should be read in
conjunction with clause 12, which details the information which the
regulator will require in order to register a service provider. Under
subclause (2), the regulator may require the applicant to give additional
information or verify, by statutory declaration, the information contained in
the service provider's application.
22 Registration as a service provider
Clause 22 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It specifies that the regulator must
register an applicant in the service provider register for the service shown
in the application if the regulator is satisfied that the applicant has complied
with the requirements of clause 21 (Applying for registration as a service
provider). The regulator must also give the applicant notice of the
registration. Registration takes effect from the day the regulator registers
the applicant in the register as a service provider.
23 Applying to amend service provider's details of registration
Clause 23 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It makes provision for a service
provider to apply to change its registration details by either including or
removing information about infrastructure or services relevant to the
service provider's registration.
The application must be made to the regulator in the approved form. When
the regulator receives the application, the regulator must record the changes
in the register and give the service provider a copy of the service provider's
details as registered in the register, including the amendments.
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Water Supply (Safety and Reliability) Bill 2008
24 Notice of transfer of infrastructure
Clause 24 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides the process for the
transfer of ownership of a service provider's infrastructure (for example,
through a sale of the infrastructure). Where there is to be such a transfer,
the Bill requires the transferor (that is, the currently registered service
provider) to give the regulator notice of the proposed transfer, including
any relevant information required by the regulator to register the new
owner (the transferee). The notice must be in the approved form and
accompanied by a fee which has been prescribed by regulation. The
regulator may require the transferor or transferee to provide further
information and may require that the information provided in the notice be
verified by statutory declaration.
25 Registering transferee as a service provider
Clause 25 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that if the regulator is
satisfied that the requirements of clause 24 (Notice of transfer of
infrastructure) have been complied with the regulator must:
· cancel the transferor's registration as a service provider for the
infrastructure and services shown in the notice of proposed
transfer
· register the transferee as a service provider for the infrastructure
and services
· give the transferor notice of the cancellation and the transferee
notice of the registration.
Registration of the new owner will take effect either on registration of the
transferee by the regulator or at a later date nominated in writing by both
the transferor and transferee.
Subclause (5) provides that, if the regulator has given a compliance notice
under clause 465 to the transferor while the transferor was registered as a
service provider, the transferee is taken to have been given the compliance
notice. A compliance notice under clause 465 is one of the enforcement
mechanisms under the Bill, and subclause (5) seeks to ensure that a service
provider cannot avoid their obligations under the Bill by transferring
ownership of the infrastructure.
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Water Supply (Safety and Reliability) Bill 2008
26 Notice of intention to stop operating as a service provider
Clause 26 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It creates an obligation for a
service provider to inform the regulator if the service provider is likely to
stop supplying a registered service (for example, if the service provider is
about to become insolvent and will not continue supplying a water service
to its customers), and there is no other entity willing to take over providing
the service. It is an offence for a service provider to fail to give the
regulator 60 business days notice without reasonable excuse. The purpose
of this clause is to make provision for the regulator to be notified in
circumstances where the regulator may need to take action to ensure the
continued provision of an essential service. Under section 530 of the Bill,
the Governor in Council may authorise the regulator take over the
operation of the infrastructure to ensure the continued provision of
services.
This clause also provides that where a service provider gives notice of its
intention to cease providing a service, then the notice must be in the
approved form and state the day by which the service provider intends to
stop supplying the service. In addition, this clause grants the regulator the
power to request further information about the notice from the service
provider. This information may be necessary to allow the regulator to
assume responsibility for providing the services, as an administrator under
section 530 of the Bill and to ensure that the service provider's customers
are serviced. The regulator may also require any additional information
provided by the service provider to be verified by statutory declaration.
It is also required that, if a service provider stops the supply of a service,
the service provider must give the regulator a notice, in the approved form,
stating the day on which the provider stopped supplying the service, within
five business days after the supply is stopped.
27 Cancellation of registration
Clause 27 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. This clause, in line with clause 26
(Notice of intention to stop operating as a service provider), requires the
regulator, on receipt of the approved notice, to cancel the service provider's
registration and give the service provider notice of the cancellation.
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Water Supply (Safety and Reliability) Bill 2008
28 Applying for cancellation of registration as service provider
Clause 28 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides a process for a
registered service provider to apply for the cancellation of their registration
as a service provider in certain circumstances. The application must be
made in the approved form and be supported by sufficient information to
enable the regulator to decide the application. The regulator may require
the applicant to give further information, and further may require the
information to be verified by statutory declaration.
If the regulator is satisfied the applicant has complied with the relevant
requirements, the regulator must cancel the service provider's registration
and give the service provider notice of the cancellation.
29 Registration as a service provider is not a right to water
entitlement or resource operations licence
Clause 29 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It clarifies that registration as a
service provider does not of itself entitle a person to a water entitlement or
a resource operations licence, authorities under the Water Act to take or
interfere with water, which may be necessarily required to operate water
infrastructure and supply registered services.
30 Reviewing and changing service provider registration
details
Clause 30 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. This clause places an obligation
on a service provider to review its registration details annually and to notify
the regulator about any changes in information relating to the service
provider's registration. The regulator must record the changes in the
register and give the service provider a copy of the service provider's
details, including any changes. This clause is to be distinguished from
clause 23 that allows a service provider to apply to the regulator for an
amendment to the service provider's registration details, if the service
provider wishes to do so.
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Water Supply (Safety and Reliability) Bill 2008
Division 2 General powers of service providers
and authorised persons
The provisions of part 3, division 2 are required because service providers,
like other utility operators, need to have certain powers to enter land to
service and protect their assets. These powers already exist for service
providers who are local governments or water authorities under the Local
Government Act and the Water Act. Where a service provider is given a
power under part 3, division 2, the service provider may appoint an
authorised person to exercise those powers on its behalf. Provisions
relating to the appointment of authorised persons are in part 3, division 4.
31 Definition for div 2
Clause 31 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It expressly states where the term
`place' is used in this division, it does not include a part of a place used for
residential purposes.
32 Application of div 2
Clause 32 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It clarifies that the exercise of
powers by a service provider or an authorised person under this division
must be related to services for which the service provider is registered.
33 Power to disconnect unauthorised connections
Clause 33 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It gives the service provider the
power to take action to protect the service provider's infrastructure, where a
person makes an unauthorised connection to the service provider's
infrastructure. The service provider may give the person who has made the
unauthorised connection a notice asking the person to state why the service
provider should not disconnect the connection. The notice must state a
time, which is not less than 48 hours, within which the person may
respond. If after the reasonable period, the service provider is still not
satisfied that the connection should not be disconnected, an authorised
person may enter the place where the connection is disconnect the
connection. The provision also enables the service provider to recover as a
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Water Supply (Safety and Reliability) Bill 2008
debt the cost of the disconnection and the value of any service used by the
person through the connection. However, if the unauthorised connection is
causing damage to the service provider's infrastructure, the service
provider may take immediate action to disconnect the unauthorised
connection. If a service provider enters a place, without at least 48 hours
notice, to disconnect an unauthorised connection, the service provider must
give a notice to the owner, or person in control of the place, stating the
purpose of entry.
34 Power to direct remedial work
Clause 34 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It enables a service provider to
issue a notice to an owner of land or defective or improper equipment,
requiring the owner to rectify defective or improper equipment that is
connected to or adversely affecting the service provider's infrastructure, or
remove vegetation or any other thing adversely affecting the service
provider's infrastructure. For example, in the case of a water authority
supplying drainage services, the water authority may require a person to
remove silt that is blocking a drain. If the owner does not rectify the
equipment, the service provider may enter the place and do the work
required, and recover as a debt the cost of the work from the owner.
35 Power to install meters
Clause 35 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a service provider
may install or approve the installation of a meter on infrastructure
supplying water to premises. The position of the meter is decided by the
service provider. The meter is the property of the service provider even if
installed inside the boundary of the premises.
36 Power to enter places for restricted purposes
Clause 36 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for an authorised
person to enter a place for those operational matters stated in this clause in
relation to the service provider's infrastructure, or to install a device to
reduce water supply to premises where the owner or occupier of premises
has contravened a water restriction in accordance with clause 169. Many
devices for reducing water supply to premises are fitted on the water meter
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Water Supply (Safety and Reliability) Bill 2008
for the premises. In some premises the water meter is inside the premises
boundary. The authorised person may enter the place at any reasonable
time only if the occupier consents to the entry and the service provider has
given at least 14 days notice of the entry and the purpose of the entry. The
service provider may enter at any time if the service provider needs to take
urgent action to protect its infrastructure.
After entering the place the authorised person may proceed to undertake
the activity, the purpose of the entry.
In the case of emergencies, the authorised person must give notice at the
time of entry advising of the entry. If there is no person at the place at the
time of entry, the notice must be left at the place in a reasonably secure and
conspicuous place.
37 Power to enter place to read, check, maintain or replace
meter
Clause 37 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It facilitates and implements the
mandatory installation of `sub-meters' in multi-unit residential and
non-residential complexes. Service providers who provide retail water
services own the meters and are responsible for reading and charging
customers accordingly, and maintaining and replacing meters as necessary.
This clause ensures that such service providers have adequate powers to
read meters, check the accuracy of meters and maintain or replace meters.
However, the entry power does not allow entry to any part of a place used
for residential purposes and entry may only be made at a reasonable time.
This provision is modelled on equivalent powers for electricity entities
under section 137 of the Electricity Act 1994.
38 Notice of damage
Clause 38 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and recast to align with current
drafting practices. It provides for when an authorised officer or any other
person acting under the direction of an authorised officer, in exercising or
purporting to exercise powers under this division, damages property. The
authorised officer must immediately give notice of the particulars of the
damage to the owner of the thing damaged. If for any reason this is not
practicable, the authorised person must leave the notice at the place in a
reasonably secure and conspicuous place. This section does not apply to
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trivial damage. If the authorised officer believes the damage was caused by
a latent defect in the property or circumstances beyond the authorised
officer's or the other person's control, this may be stated in the notice.
39 Compensation
Clause 39 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for compensation
being claimed from the service provider if a person incurs loss or expense
because of the exercise or purported exercise of a power under this
division. Compensation may also be claimed for loss or expense incurred in
complying with a requirement made of the person under this part. Payment
of compensation may be claimed and ordered in a proceeding in a court
with jurisdiction for the recovery of the amount of compensation claimed.
Note that compensation is not payable in respect of actions taken under the
power to disconnect unauthorised connections or the power to direct
remedial works.
40 Recovery of costs
Clause 40 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for a service provider
to recover costs from a person who damages its infrastructure or causes the
service provider to suffer loss in certain circumstances. The service
provider may recover, as a debt due, the amount of the loss or the
reasonable cost of repairing the damage.
Division 3 Power to restrict water supply
41 Restricting water supply
Clause 41 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It enables a water service provider
to restrict the volume of water taken by or supplied to its customers, the
hours when water may be used on the premises for certain purposes or the
way water may be used on the premises, if the water service provider thinks
it necessary, for example, because of climatic conditions or water
conservation needs. The water service provider also has the authority to
restrict water supply in other instances, for example, if the water service
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Water Supply (Safety and Reliability) Bill 2008
provider's outdoor water use conservation plan contains a measure to that
effect, or if directed by the regulator under clause 42.
An example of a restriction applied under this clause would be where a
certain class of customer (such as industrial) could be required to reduce
the volume of water that is taken in accordance with the restriction
requirements of the water service provider. Note however that a water
restriction can provide an exemption from all or part of the restriction. For
instance, an exemption from all or part of a water restriction may be
able to be obtained by the preparation and compliance with a water
efficiency management plan.
This clause seeks to ensure that a water service provider is not made liable
for restricting the supply water, where such restriction is necessary because
of, for example, a drought. The clause is also aimed at facilitating
restrictions on water use where such restrictions are part of a demand
management strategy and the restriction is essential to ensure that the aims
of the strategy are met.
42 Regulator may direct restriction
Clause 42 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides the regulator with the
authority to direct water service providers in areas outside the SEQ region
or a designated region, to apply and enforce water restrictions on urban
water users if there is a significant threat to an area's water supply. These
powers are equivalent to the current restrictions powers of the Commission
under section 360ZD of the Water Act in respect of the SEQ region.
Under the Bill water service providers may voluntarily impose and enforce
water restrictions on customers in certain circumstances. However, there
may be an instance where a water service provider is facing critical water
supply shortages but has not implemented the appropriate level of
restrictions. In this situation, this clause enables the regulator to direct
water service providers to apply and enforce necessary water restrictions.
The regulator may only direct a water service provider to impose a
restriction after consultation with the water service provider. If a direction
is given by the regulator, the water service provider must comply with the
direction and impose the restrictions and give the regulator a response
within the specified timeframe stating how the water service provider will
ensure compliance with the restrictions.
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The regulator may approve the response if satisfied it is adequate to ensure
compliance with the restrictions or change the response to make it adequate
and approve the changed response. A service provider must comply with an
approved response by taking the steps stated in the response.
43 Notice of service provider water restriction must be given
Clause 43 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that where a service
provider imposes water restrictions, the water service provider must give
notice of the water restriction to anyone affected by the restriction. The
restriction does not have effect until the day after the notice is given. Once
the restriction is in effect, this clause makes it an offence for a person to
contravene the restriction. If the water service provider fails to impose a
water restriction required to be imposed because of a water supply
emergency direction this clause allows the Minister to do so.
Clause 43 also provides that evidence of compliance with a service
provider water restriction includes (but is not limited to):
· an authorised person of the water service provider being satisfied
that the premises meet the requirements for the restriction. For
instance, the customer may invite an authorised person into the
house to inspect the devices. However, customers are provided
with other mechanisms (below) to demonstrate compliance,
should they not wish an authorised officer to enter their house
· provision of a certificate from a licensed plumber certifying that
the premises meets the requirements for the restriction
· provision of a statutory declaration declaring that the premises
meet the requirements for the restriction.
44 Temporary interruptions to water supply
Clause 44 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It enables a water service provider
to temporarily shut off water supply to premises in order to perform work
on the provider's infrastructure. The water service provider must give at
least 48 hours notice of the intention to shut off supply to affected persons.
The requirement to give 48 hours notice does not apply if there is a serious
risk to public health, a likelihood of serious injury or damage to property or
other emergency. However, where the water service provider shuts off
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Water Supply (Safety and Reliability) Bill 2008
water supply without notice, the water service provider will be required to
give subsequent notice of the action to affected persons explaining the
reasons for the interruption to water supply and, if the interruption is
ongoing, information about how long the interruption will continue.
Division 4 Authorised persons
45 Appointing authorised persons
Clause 45 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It enables the service provider to
appoint a person to be an authorised person if the service provider is
satisfied the person has the necessary expertise, experience or has finished
satisfactory training. Authorised persons would generally be employees or
agents of the service provider who have the function of running the service
provider's business and/or operating the service provider's infrastructure.
46 Authorised person's identity cards
Clause 46 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out the requirement for the
service provider to provide authorised persons with an identity card, and
the information that must be contained on the card.
47 Failure to return identity card
Clause 47 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It makes it an offence for a person
to fail to return an identity card within 15 business days (that is, three
weeks) of ceasing to be an authorised person, unless the person has a
reasonable excuse.
48 Producing and displaying identity card
Clause 48 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires an authorised person to
display their identity card so that it is clearly visible when exercising a
power under division 2. If it is not practicable to comply with this
requirement before exercising the power, the authorised person must
produce the identity card at the first reasonable opportunity.
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Water Supply (Safety and Reliability) Bill 2008
Division 5 Liability of service providers
49 Liability of service providers for negligence
Clause 49 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation. The clause has also changed to
extend the protection from liability in certain circumstances to a specified
group of service providers and operators of particular infrastructure of
State significance.
This clause provides that a service provider or operator of water
infrastructure is not liable for damages arising from an event or
circumstance beyond their control, provided that they acted reasonably and
without negligence.
An event or circumstance means an event or circumstance arising out of
activities of the affected party under this Act, including, for example:
· the escape of water from water infrastructure or works
· flooding upstream or downstream of water infrastructure works
· contamination, or the quality of water, including manufactured
water flowing, or released from, water infrastructure works.
Reference to manufactured water is included here to provide for the
extension of the protection from liability afforded under this clause to
service providers and operators of specified infrastructure.
The term manufactured water is subsequently defined specifically for this
provision. Manufactured water is taken to mean water, including
desalinated or recycled water or any substance resulting from the
production of desalinated or recycled water, from any source.
For the purpose of clause 49(3)(c) water infrastructure includes further
specific meaning, additional to the definition in the dictionary in schedule 3
of the Bill. To be included, water infrastructure must fulfil the specified
requirements in this further definition. Firstly, the infrastructure must be
infrastructure that is mentioned in a water supply emergency declaration or
regulation, or be included in an approved program of works under the State
Development and Public Works Organisation Act. Secondly, the
infrastructure must also be a prescribed project under the State
Development and Public Works Organisation Act, and thirdly the
infrastructure must also be declared by the Minister in a gazette notice to be
water infrastructure for the purposes of this section.
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Water Supply (Safety and Reliability) Bill 2008
Division 6 Water efficiency management plans
50 Purpose of div 6
Clause 50 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and recast to align with current
drafting practices. It provides that the purpose of this new division is to
promote the efficient use of water by non-residential customers.
51 Application of div 6
Clause 51 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and recast to align with current
drafting practices. It only applies for a non-residential customer outside the
SEQ region or a designated region (as those customers fall under the
jurisdiction of the Commission in chapter 2A, part 5, division 3 of the
Water Act) who does not hold a water entitlement, as defined under the
Water Act.
However, if a non-residential customer outside SEQ region or a designated
region who holds a water entitlement under the Water Act also obtains
water from a water service provider in another way, then the division
applies to that customer for that water obtained in another way. For
instance, if a non-residential customer obtains 20ML of water per year via
an entitlement, as well as another 5ML of water as a general customer of
the water service provider (and this water is not part of a water
entitlement), that customer may be required to prepare a water efficiency
management plan for the 5ML of water (that is, non-entitlement water), but
the customer would not be required to prepare a plan for the 20ML of water
obtained via an entitlement.
There may also be some non-residential customers who obtain water from
more than one water service provider. To provide those customers with a
level of certainty as to which water service provider is the relevant provider
and which water efficiency management plan provisions apply, this clause
also states that:
· if a customer obtains water from both a water service provider
who is in the SEQ region (or a designated region), as well as
from another water service provider who is outside the SEQ
region (or a designated region) then that customer is deemed to
fall under the jurisdiction of the Commission and the water
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efficiency management plan provisions in chapter 2A, part 5,
division 3 of the Water Act apply
· if a customer obtains water from one or more water service
providers in the same region, then the water service provider who
provides the customer with the most water is the relevant water
service provider for the water efficiency management plan
provisions. This is to avoid the situation where a customer may
have a requirement from two (or more) water service providers to
prepare a plan.
52 When water efficiency management plan may be required
Clause 52 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It details when a water efficiency
management plan may be required. A plan may be required when:
· the chief executive gives a written direction requiring a water
service provider to give a customer, or type of customer, a written
notice to prepare and submit a plan
· a water service provider without direction, gives a customer, or
type of customer, a written notice approved by the Commission
to prepare and submit a plan.
Regardless of which way a water efficiency management plan is required,
the plan must be prepared and approved in accordance with the division. In
addition, a plan prepared in order to gain the benefit of an exemption from
a service provider water restriction must also comply with the provisions of
this division.
A water service provider must comply with the direction from the chief
executive to require customer to prepare and submit a water efficiency
management plan. Similarly, a customer must comply with a direction
given by water service provider to prepare and submit a water efficiency
management plan.
53 Content of water efficiency management plan
Clause 53 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It details the content of a water
efficiency management plan. The plan must comply with any relevant
guidelines issued by chief executive. Alternatively, if the chief executive
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Water Supply (Safety and Reliability) Bill 2008
has not issued guidelines, then the plan must comply with guidelines issued
by the water service provider.
The guidelines contain information relating to matters which must be
addressed and included in the water efficiency management plan as well as
processes to be followed in the preparation of a plan, and other issues.
This clause also requires that a water efficiency management plan must
state the following:
· the name of the customer and the location where the plan applies
· the water savings and efficiencies that will be achieved by
implementing plan (this includes identifying the actions or
measures to be implemented)
· the time frames for implementing the plan (for example, a plan
can include a variety of actions which may be staged or
progressed over a specified period of time).
A specific penalty has not been included under this clause as a customer
can face a penalty under clause 54 for not resubmitting a water efficiency
management plan which resolves issues identified in a decision to reject the
plan.
54 Approving water efficiency management plan
Clause 54 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out a general process and
the timeframes involved in having a water efficiency management plan
approved by a water service provider. Water service providers are able to
request more information from a customer in order to make a decision
about a plan. The water service provider must approve, with or without
conditions, or refuse to approve the plan:
· if additional information is not required--within 60 business
days after receiving the plan
· if additional information is required--within 60 business days of
when the information is received or should have been given,
whichever is earlier.
Within 10 business days after making the decision, the water service
provider must give the customer an information notice about the decision.
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Water Supply (Safety and Reliability) Bill 2008
Where a water service provider refuses to approve a plan, there are two
obligations on a customer, being:
· a customer must, within 20 business days of receiving a notice of
the decision to refuse to approve, submit to the water service
provider a revised plan
· the plan that is submitted must address the reasons for the refusal
to approve the decision.
An offence will be committed under this clause if the customer fails to
meet either of these obligations.
A customer can appeal a decision made by the water service provider in the
information notice (for example, a decision to reject the plan or to apply
conditions to the approval of a plan). The appeal provisions set down in
chapter 7 apply as if any water service provider were a local government.
This means that whether a decision to reject a water efficiency management
plan was made by a local government or another type of water service
provider (for example, a corporation owned by a local government or a
private company), the same provisions will apply and the water service
provider is deemed to be a local government for the purposes of chapter 7.
Those appeal provisions include a requirement for an internal review of the
decision by the water service provider, followed by application to a
Magistrates Court for resolution of the matter.
Water service providers may also recover from the customer the costs to the
water service provider of approving the customer's water efficiency
management plan.
55 Complying with water efficiency management plan
Clause 55 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a customer must
comply with their approved water efficiency management plan. A
maximum penalty of 1665 units may apply for non-compliance.
56 Reporting under water efficiency management plan
Clause 56 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It details the reporting obligations
of a customer who has an approved water efficiency management plan. The
customer must report annually within 10 businesses days of the anniversary
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Water Supply (Safety and Reliability) Bill 2008
day of approval of the plan and provide the report to the water service
provider.
The report must include:
· the extent to which the plan has been implemented
· the water savings and efficiencies achieved by implementing the
plan
· whether there has been any change of circumstance, for example
· if there has been a significant increase in production output.
This may relate directly to the number of items produced or
where there is no specific identifiable production output, the
scale of intensity. For example, a significant increase in the
number of clients
· if there has been a significant increase in water
consumption.
These changes in circumstance may help a water service provider to
identify, amongst other things, whether a water efficiency management
plan is being complied with and whether a plan may require an amendment
or review (for example, a significant increase in production may mean that
a plan should be reviewed to determine whether further water savings can
be made).
Customers who do not comply with the annual reporting requirement for
water efficiency management plans face a maximum penalty of 100 penalty
units.
This clause also details the reporting obligations of water service providers
to the chief executive. Under the amendments, the chief executive will have
the power to ask a water service provider at any time for:
· a copy of the water efficiency management plan which has been
approved (for example, if the chief executive wishes to see a plan
for a high volume water customer it can do so
· information about a water efficiency management plan that has
not been approved
· a report summarising progress by the customers of the water
service providers in achieving water savings and efficiencies. For
example, in order to determine the overall level of water savings
achieved by a particular date by a non-residential customer or
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Water Supply (Safety and Reliability) Bill 2008
type of non-residential customer, the chief executive may request
a report outlining progress from any or all water service
providers.
The water service provider will have 20 business days to comply with the
chief executive's request, otherwise the water service provider faces a
maximum penalty of 100 penalty units.
57 Amending or replacing water efficiency management plan
by chief executive direction
Clause 57 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It empowers the chief executive to
require a water service provider to give a notice to a customer requiring the
customer to amend an approved water efficiency management plan or
prepare a new plan and submit it to the water service provider. The chief
executive may exercise this power where it is satisfied that there is or there
is likely to be:
· a severe water supply shortage or
· an increase in the severity of a water supply shortage.
A water service provider must comply with the direction of the chief
executive and a customer must comply with a notice issued by a water
service provider to amend or replace a water efficiency management plan.
Maximum penalty for the water service provider and the customer is 500
penalty units.
If a water efficiency management plan is amended or if a new plan is
prepared, the plan is subject to this division. Therefore, it must comply
with the relevant guidelines and state the content required under clause 53,
the approval process and timelines outlined in clause 54 apply, the
customer must comply with the plan under clause 55, and reporting
obligations and other requirements of the division apply.
58 Amending or replacing water efficiency management plan
by water service provider direction
Clause 58 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It empowers a water service
provider to require a customer to amend a water efficiency management
plan or replace a plan if the water service provider is satisfied:
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Water Supply (Safety and Reliability) Bill 2008
· for a customer, or a type of customer, production output or water
consumption has increased significantly. For example, if, after a
plan has been approved, a customer has doubled its production
capacity, and no allowance for that increase in production was
incorporated in the plan, a water service provider may require a
customer to amend their approved plan
· the cost effectiveness of implementing a plan is likely to have
changed significantly. For example, if the cost of purchasing a
water efficiency device, appliance or technology has decreased
significantly, the water service provider may require the
customer to amend their approved plan to require the use or
installation of the cost effective measures
· there is or there is likely to be a severe water supply shortage.
The notice given by the water service provider must state a reasonable time
for the customer to submit the amended or new water efficiency
management plan and a customer must comply with the notice.
The division applies for the amended water efficiency management plan or
new plan, as for clause 57.
59 Amending or replacing water efficiency management plan
by request
Clause 59 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It enables a customer to request an
amendment of a water efficiency management plan or the preparation of a
new plan. If a water service provider approves the request to amend a plan
or prepare a new plan, the customer must amend the plan or prepare the
new plan in the reasonable time stated by the water service provider. For
instance, if a customer is aware that there may be difficulties associated in
meeting the timeframes included in the existing approved water efficiency
management plan, they may ask their water service provider if they can
amend their plan. If the water service provider agrees, then the customer
can amend the water efficiency management plan accordingly.
The division applies for the amended plan or new plan as for clause 57.
60 Notice to comply with water efficiency management plan
Clause 60 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It empowers a water service
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Water Supply (Safety and Reliability) Bill 2008
provider to issue a notice to a customer to comply with a water efficiency
management plan where the water service provider is satisfied or
reasonably believes the customer has not complied with the plan. For
example, if a water service provider reasonably believes that the customer
has not undertaken an action specified in the plan within the specified
timeframe, the water service provider can issue a notice requiring the
customer to comply with the plan.
This provision does not prevent a water service provider from taking other
action such as issuing a show cause notice requiring the customer to
demonstrate compliance with the water efficiency management plan,
before issuing a compliance notice to the customer.
61 Reviewing water efficiency management plans
Clause 61 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It empowers water service
providers to ensure a customer with an approved water efficiency
management plan reviews the plan when the water service provider
considers it appropriate and provides a copy of the review report to the
water service provider within a reasonable time. However, the plan must be
reviewed by the customer at least every five years.
Division 7 Miscellaneous
62 No charge for water in rainwater tank
Clause 62 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. This clause explicitly provides
that a service provider must not charge for water that has been collected
from a roof and is in, or taken from, a rainwater tank.
63 Sections 63--69 not used
Clause 63 provides that clauses 63 to 69 are not used.
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Water Supply (Safety and Reliability) Bill 2008
Part 4 Service provider obligations
Division 1 Strategic asset management plans
70 Requirement for strategic asset management plan
Clause 70 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and recast to align with current
drafting practices. It requires each service provider to have an approved
strategic asset management plan for ensuring continuity of supply of each
of the service provider's registered services.
71 Preparing strategic asset management plan
Clause 71 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and recast to align with current
drafting practices. It provides for the preparation of a strategic asset
management plan by a service provider for approval by the regulator. The
strategic asset management plan must identify the services and
infrastructure to which it applies and:
· specify standards for key performance matters for the
infrastructure and services. This must include service standards in
respect of the service that customers can expect from the system,
including, for example, expected interruptions to supply and
response times in addition to service standards relating to asset
management and continuity of supply
· document an operation, maintenance and renewals strategy to
ensure the standards are met.
The plan must identify the methodology used by the service provider for
developing the standards, have regard to best practice industry standards,
include the details of the way in which the provider will comply with any
system operating plan that applies to the service provider, and be prepared
in accordance with guidelines issued by the regulator.
It is not intended that the regulator will specify minimum standards for a
service provider's strategic asset management plan. This is because
standards will necessarily vary from provider to provider, according to the
class of customer being supplied and the type of service being provided. For
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Water Supply (Safety and Reliability) Bill 2008
example, standards for urban domestic water supply would include standards
requiring high levels of continuity and reliability of supply. Water for
irrigation, on the other hand, would include varying levels of reliability
depending on the agreed conditions of supply.
This clause also includes a requirement that the plan must include details of
the service provider's budget and proposal for financing the
implementation of the plan. A key component of strategic asset
management plans is the operation, maintenance and refurbishment
strategies, along with any new capital works' program which is needed to
meet the continuity of supply targets set by the service provider. It is
important that there is likely to be sufficient money available to fund these
strategies as well as any new works' program - hence the requirement for a
financial plan. However, the requirement will only be for an estimate of the
total projected expenditure, at a fairly broad level, on these activities, on an
annual basis for the plan's duration. The anticipated funding source (for
example, user contributions, capital works' subsidy or community service
obligation payments) will also be required.
The information will enable the service provider to demonstrate whether its
operations, maintenance and renewals' strategies and capital works'
program are likely to be affordable. If they are not, the service provider will
need to adjust its continuity of supply targets, its operations, maintenance
and refurbishment strategies, and new capital works' program, or all three.
72 Certifying strategic asset management plan
Clause 72 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires a strategic asset
management plan to be certified by a registered professional engineer. This
is to ensure that the plan is approved by a qualified person (this may be an
employee of the service provider) as being appropriate for the service
provider's infrastructure and services. In certifying the strategic asset
management plan, the registered professional engineer must include the
engineer's name and registration details.
73 Submitting strategic asset management plan for approval
Clause 73 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out the requirement for a
service provider to submit its strategic asset management plan to the
regulator for approval, within one year of being registered.
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Water Supply (Safety and Reliability) Bill 2008
74 Approving strategic asset management plan
Clause 74 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It states that the regulator must
approve a strategic asset management plan within three months unless the
plan was certified by a person who did not have the necessary qualifications
or experience, or the plan is inadequate in a material particular. In
determining whether a plan is inadequate in a material particular, the
regulator must take account of cost considerations for the service provider
and its customers in addressing the material particular. This is to recognise
the reality that a service provider can generally only provide a level of
service for which its customers are able to pay.
When the regulator approves a strategic asset management plan, the
regulator must also tell the service provider the intervals at which regular
reviews of the plan must be conducted. The interval at which reviews are
required must not be less than one year. The purpose of the regular reviews is
to ensure that the plan is updated on a regular basis. Clauses 106 and 107 set
out the process for regular reviews.
The regulator may also, in some instances, require that the service
provider arrange for a regular audit, by an independent engineer, of its plan.
Clauses 108 and 109 set out the process for regular audits. If the regulator
requires the service provider to arrange for a regular audit, the interval at
which such audits are required must not be less than two years.
75 Refusing to approve strategic asset management plan
Clause 75 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out the process to be
followed by the regulator where the regulator does not approve a strategic
asset management plan. If a registered professional engineer did not certify
the plan, the regulator must return the plan to the service provider with a
notice requiring certification and return of the plan to the regulator within the
reasonable time stated in the notice.
If the plan is inadequate in a material particular, the regulator must return
the plan to the service provider with an information notice stating how the
plan is inadequate and requiring that the plan be revised and returned to the
regulator, or that a new plan is prepared, certified and given to the regulator.
The service provider must comply with the notice or can face a maximum
penalty of 500 penalty units.
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76 Changing strategic asset management plan
Clause 76 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to recycled water regulation. It provides that a service provider may make
changes to its strategic asset management plan with the agreement of the
regulator. In addition, the regulator may, by giving a notice to a service
provider that has an approved recycled water management plan, require the
service provider to change their strategic asset management plan to reflect
their recycled water management plan within the reasonable time stated in the
notice. The service provider must comply with this requirement or can face a
maximum penalty of 500 penalty units.
77 Complying with approved strategic asset management plan
Clause 77 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It places an obligation on a service
provider to comply with its strategic asset management plan when
supplying services to its customers. The maximum penalty that can be
applied to a service provider for not complying with the approved plan is
1665 penalty units. This penalty matches that applying to the obligation to
comply with the system operating plan under section 360ZA of the Water
Act and is commensurate to that applying in respect of other offences under
the Bill.
Division 2 System leakage management plans
Subdivision 1 Preliminary
78 Application of div 2
Clause 78 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It states this division requires
water service providers (except those that only supply drainage services) to
develop and implement a system leakage management plan for the purpose
of minimising water losses due to leakage from the provider's distribution
system, provided that it is cost-effective for the water service provider.
Addressing water conservation through reduced system leakage has been
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identified as one of the most effective cost-effective measures to contribute
to water conservation.
Subdivision 2 Preparing and submitting plan
79 Requirement for system leakage management plan
Clause 79 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that each water service
provider must have a system leakage management plan directed at
minimising water losses from leakage in the distribution system.
80 Preparing system leakage management plan
Clause 80 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a water service
provider must prepare a system leakage management plan that is approved
by the regulator. The plan must identify the services and infrastructure to
which it applies, and report on system leakage and how the leakage rate
was worked out. The plan must specify system leakage, identify measures
to reduce losses, outline cost benefit analyses of the implementation of
these measures, and for those measures where implementation is cost
effective, detail a plan to implement such measures. The plan must be
prepared in accordance with any guidelines issued by the regulator.
81 Certifying system leakage management plan
Clause 81 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires that a water service
provider's system leakage management plan must be certified by a
registered professional engineer. This is to ensure the plan is validated by a
qualified person for the water service provider's infrastructure and services.
82 Submitting system leakage management plan for approval
Clause 82 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out the requirement for a
water service provider to submit its system leakage management plan
within two years after the provider is registered.
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Subdivision 3 Exemption from preparing plan
83 Application for exemption
Clause 83 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides a process and
requirements for a water service provider to apply for an exemption from
preparing a system leakage management plan.
84 Deciding the application
Clause 84 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out the matters to be
considered by the regulator when deciding an application for an exemption
from preparing a system leakage management plan.
A water service provider may apply for and be granted an exemption by the
regulator on the basis of the regulator being satisfied of those matters
detailed in subclause (1)(b).
85 Conditions of exemption
Clause 85 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It states that an exemption from
preparing a system leakage management plan applies only for the specified
period. In addition, some exemptions are granted subject to the specified
conditions and only remain valid if the water service provider complies
with the specified conditions.
86 Cancelling or amending an exemption
Clause 86 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires a water service
provider to give immediate notice to the regulator of a change of
circumstances under which an exemption from preparing a system leakage
management plan is given.
The regulator may amend or cancel the exemption in response to the notice
or otherwise when the regulator becomes aware of a change in
circumstances.
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Subdivision 4 Approving or refusing to approve plan
87 Approving system leakage management plan
Clause 87 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It states the regulator must
approve the system leakage management plan within three months unless
the plan was certified by a person who did not have the necessary
qualifications or experience, or the plan does not contain all relevant or
critical information. When the regulator approves the plan, the regulator
must tell the water service provider the intervals at which regular reviews
and audits of the plan must be conducted.
88 Refusing to approve system leakage management plan
Clause 88 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It sets out the process to be
followed by the regulator, including the reasons of refusal where the
regulator does not approve a system leakage management plan.
89 Regulator may seek further information
Clause 89 provides that the regulator may request additional information,
and if it is not provided within the timeframe, the system leakage
management plan will not be approved.
Subdivision 5 Miscellaneous
90 Changing system leakage management plan
Clause 90 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for a water service
provider to make changes to its system leakage management plan with the
agreement of the regulator.
91 Complying with approved system leakage management plan
Clause 91 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It places an obligation on a water
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service provider to comply with its system leakage management plan when
supplying services to its customers.
Division 3 Drinking water quality management
This division establishes a regulatory framework for the regulation of
drinking water provided by a drinking water service provider that is a water
service provider, within the meaning of the Bill, and is providing a drinking
water service. It is not intended to capture other providers of water for
drinking purposes. The division extends the functions of the regulator
under the Bill.
The objective is to ensure the protection of public health. Drinking water
service providers will be required to prepare risk management plans -
drinking water quality management plans that are assessed and approved
by the regulator against a range of matters, in particular water quality
criteria prescribed by regulation under the Public Health Act or under a
guideline prepared by the regulator. The approved drinking water quality
management plan will give effect to the water quality criteria aiming to
ensure the quality of the drinking water supplied. A drinking water service
provider must comply with the approved drinking water quality and any
conditions, failing which the regulator may take a range of compliance
actions as provided for under the Bill. In addition a drinking water service
provider has a general obligation under the Public Health Act to supply
drinking water that is `safe', failing which the chief executive
administering that Act may take necessary compliance action as well as
managing any associated public health risk.
The dictionary (schedule 3 of the Bill) provides definitions for key terms
under the drinking water quality regulatory framework, including `drinking
water service provider' and `drinking water service'.
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Water Supply (Safety and Reliability) Bill 2008
Subdivision 1 Offences
92 Offence to carry out drinking water service without
approved drinking water quality management plan
Clause 92 makes it an offence for a drinking water service provider to carry
out a drinking water service unless the provider has an approved drinking
water quality management plan.
93 Offence about compliance with drinking water quality
management plan
Clause 93 makes it an offence for a drinking water service provider to not
comply with the provider's approved drinking water quality management
plan and any conditions to the plan.
Subdivision 2 Drinking water quality
management plans
94 Purpose of drinking water quality management plan
Clause 94 provides a purpose statement about a drinking water quality
management plan. The purpose of a drinking water quality management
plan is to protect public health.
95 Preparing drinking water quality management plan
Clause 95 provides that each drinking water service provider must prepare
a drinking water quality management plan for their drinking water service
and apply to the regulator for approval of that plan. The clause details how
the plan is to be prepared and the matters that must be included and
addressed in the plan.
96 Additional information may be required
Clause 96 provides that the regulator may require additional information
about a drinking water quality management plan from the drinking water
service provider, including information about supply arrangements to and
from the provider. Information about the supply arrangements that may be
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required by the regulator could include, for example, details of the quality
of, or source input risks associated with, the water sourced by the provider
for carrying out its drinking water service.
97 Regulator may obtain advice about application
Clause 97 provides that the regulator may obtain advice about an
application from an advisory council or other entity that the regulator
considers appropriate before making a decision about the application for a
drinking water quality management plan. For example, the regulator may
seek advice from the chief executive administering the Public Health Act.
98 Consideration of application
Clause 98 details what the regulator must consider when deciding to either
approve, with or without conditions, or refuse a drinking water quality
management plan, and the timings in which the regulator must make a
decision. Subclause (2) details what the regulator must have regard to when
considering an application. The regulator must consider the contents of the
plan and any additional information that has been given to the regulator.
The regulator must also consider the guidelines if any, made by the
regulator about preparing the plan, any advice that the regulator may have
received from an advisory council or other entity and the water quality
criteria for drinking water. The water quality criteria is prescribed by
regulation under the Public Health Act or in a guideline prepared by the
regulator. This is a key assessment undertaken by the regulator as part of
approving a plan and it is a function of an approved plan to give effect to
meeting the water quality necessary for drinking water.
99 Notice of decision
Clause 99 provides details of how the regulator will give notice of a
decision about a drinking water quality management plan. Notice of the
decision is required if the regulator approves the plan without conditions
whereas an information notice is required if the regulator approves the plan
with conditions or refuses to approve the plan. If the regulator approves the
plan, the regulator must also tell the provider the intervals at which regular
reviews of the plan must be conducted. The purpose of the review is to
ensure the plan is updated on a regular basis relevant to the provider's water
service. The regulator may also require that the provider arrange for a
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regular audit, by an independent auditor, to audit the plan, and must tell the
provider the intervals at which an audit of the plan must be conducted.
100 Amendment of drinking water quality management
plan--application
Clause 100 provides that a drinking water service provider may apply to
amend its plan. The same procedure that applies to the application for
approval of a drinking water quality management plan applies to the
application for amendment.
101 Amendment of drinking water quality management
plan--requirement of regulator
Clause 101 provides that the regulator may require an amendment to a
drinking water quality management plan if the regulator is satisfied that an
amendment is required to protect public health. Subclause (2) ensures that
the provider is given an opportunity to show cause prior to the regulator
giving notice requiring the provider to amend its plan. The provider must
comply with a notice given by the regulator, if the regulator decides, after
having considered all properly made submissions, the amendment should
be made the regulator. The regulator must also give the drinking water
service provider an information notice for the decision. If the regulator is
satisfied with the way the plan has been amended, the plan will then taken
to be the approved plan and the regulator will give the drinking water
service provider a notice stating that the plan as amended is taken to be the
approved plan and the amended plan will take effect from the day the
notice is given to the drinking water service provider. However if the
regulator, after considering all properly made submissions, decides that the
amendment should not me made, the regulator must give the drinking water
service provider a notice that the plan need not be amended.
Subdivision 3 Miscellaneous
102 Notice of particular matter
Clause 102 details the steps a drinking water service provider must take to
inform the regulator of non-compliance with the water quality criteria in
their drinking water management plan. It provides that if a drinking water
service provider discovers a non-compliance with water quality criteria for
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drinking water in the plan, the drinking water service provider must
immediately tell the regulator about the non-compliance and the
circumstances that gave rise to the non-compliance. The responsible entity
must comply with obligation to notify the regulator of the non-compliance
despite the fact the notification may tend to incriminate the entity. The
clause provides that the information given to the regulator or evidence
derived from the information is not admissible in a civil or criminal
proceeding.
The regulator must be informed immediately so that action can be taken to
protect public health. If the information is given to the regulator orally, the
provider must as soon as practicable give the regulator written notice of the
relevant information.
103 Requirement about giving water quality information
Clause 103 provides a means by which a drinking water service provider
can obtain necessary water quality information about the source of water
from which the provider is supplied water for its drinking water service. A
service provider that is the owner of a water storage, including associated
water infrastructure, is not captured as a drinking water service provider
under this division (save for one exception that is detailed further in clause
628). However a drinking water service provider needs to know the quality
of the water that it is receiving from that source to assist in the provider
carrying out its treatment of the water to meet the water quality
requirements under its approved drinking water quality management plan.
To seek the relevant information the drinking water service provider must
give the service provider for the water storage or other infrastructure, a
notice which includes enough details about the information that is required
so that the request can be complied with. The notice must also state a
reasonable period of time within which the information must be given. The
service provider for the water storage or other infrastructure must comply
and provide the information. The service provider may recover from the
drinking water service provider the reasonable costs of obtaining the
information.
104 Requirement about operation of drinking water service
Clause 104 provides that a drinking water service provider must ensure that
the persons engaged to in the operation of the provider's service have the
necessary qualifications or experience to operate the service. The
qualifications may be prescribed under a regulation.
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Division 4 Audit reports and reviews
105 Application of div 4
Clause 105 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to drinking water regulation. It states this division applies to strategic asset
management plans, system leakage management plans drought
management plans and drinking water quality management plans.
106 Reviewing plans
Clause 106 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to drinking water regulation. It requires each service provider to review its
strategic asset management plan, system leakage management plan and
drinking water quality management plan in accordance with the relevant
notice given by the regulator. The purpose of the review is to ensure the
plan remains current, having regard to relevant best practice industry
standards. The outcomes of the review must be documented in the service
provider's annual report and it is an offence for a service provider to not
comply with the requirement.
107 Changing plans following review
Clause 107 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to drinking water regulation. It provides that, if a review of the strategic
asset management plan indicates that the plan should be changed, the
service provider may modify the plan and submit the modified plan to the
regulator for approval. The approval processes under clauses 72, 74 and 75
will then apply. The clause also provides for similar requirements for the
review and subsequent change of a system leakage management plan and
drinking water quality management plan.
108 Providing regular audit reports
Clause 108 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to drinking water regulation. It will apply to a service provider if, as part of
the approval notice for a strategic asset management plan, system leakage
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management plan or drinking water quality management plan, the regulator
requires a service provider to arrange for regular audits of the plan.
There are a number of purposes of the regular audit, for example, to verify
the accuracy of data provided in the service provider's annual report. The
purpose of regular audits of a strategic asset management plans also
includes assessing the service provider's technical ability to meet the
standards identified in the strategic asset management plan. For drinking
water quality management plans the purpose of the audit is also to assess
the service provider's compliance with the plan and the relevance of the
plan to current circumstances.
The regular audit must be prepared by a registered professional, for
example, for a strategic asset management plan or system leakage
management plan, an engineer who is independent from the service
provider. For a drinking water quality management plan, the audit must be
prepared by either a person who is certified under the Drinking
Water-Quality Management System Auditor Certification Scheme or has a
similar qualification as accepted by the regulator.
109 Declarations about regular audit report
Clause 109 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation. It sets out requirements for
declarations to accompany a regular audit report. The service provider must
provide a declaration stating that the service provider has given all relevant
information to the auditor and has not knowingly given the auditor any
false or misleading information. The auditor must provide a declaration
stating the auditor's qualifications and experience, that they have not
knowingly given any false or misleading information and that they have not
knowingly failed to reveal any relevant information.
110 Spot audits of plans
Clause 110 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to drinking water regulation. It enables the regulator to arrange for a spot
audit of a service provider's infrastructure if the regulator believes that a
service provider is not complying with its strategic asset management plan,
system leakage management plan or drinking water quality management
plan or that the plans are no longer current.
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Water Supply (Safety and Reliability) Bill 2008
The regulator may only arrange for a spot audit if the regulator has given
the service provider a show cause notice under clause 463, inviting the
service provider to show cause why the spot audit should not be conducted.
The regulator must give the service provider a copy of the spot audit report
within 30 business days (that is, six weeks) after completion of the spot
audit.
If the spot audit reveals significant deficiencies in the service provider's
strategic asset management plan, system leakage management plan or
drinking water quality management plan, or that the service provider has
not complied with the plans, the regulator may recover the cost of the spot
audit from the service provider. The regulator must also give the service
provider an information notice requiring the service provider to rectify any
deficiency identified through the spot audit or implement the plan.
111 Declarations about spot audit report
Clause 111 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation. It specifies that a spot audit report
must be accompanied by a statutory declaration by the auditor, addressing
certain matters.
112 Access for conducting audit reports
Clause 112 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation. It requires a service provider to
allow an auditor, or any person authorised by the auditor, free and
uninterrupted access to the service provider's infrastructure and any
records relating to the infrastructure. However, the auditor must not enter
the premises of a customer of the service provider without the customer's
consent.
Division 5 Customer service standards
113 Purpose of div 5
Clause 113 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It states that the purpose of the
division is to ensure that customers who do not have a contract for the
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Water Supply (Safety and Reliability) Bill 2008
supply of registered services with a service provider are protected by
standards that relate to the supply of registered services.
114 Application of div 5
Clause 114 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It clarifies that the requirement to
prepare customer service standards only applies where a service provider
does not have a contract for the supply of registered services with all its
customers. This is because customer service standards are intended to be a
mechanism for customers to be informed about the terms and conditions of
their relationship with their service provider, where those terms and
conditions are not already documented in a written contract for the supply
of registered services.
This clause also specifies that clauses 118 (Customer complaints) and 119
(Revising customer service standard) do not apply to agencies to which the
Ombudsman Act 2001 applies. This is because that Act provides a
complaint mechanism through the Queensland Government Ombudsman.
The complaints mechanism in clause 118 is intended to provide a process
for customers of service providers who are not subject to the Ombudsman's
jurisdiction.
115 Preparing customer service standards
Clause 115 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires a service provider to
prepare customer service standards within one year of registration. The
service provider must provide a copy of the standard to the regulator and all
of the service provider's customers who do not have a contract for the
supply of registered services.
116 Content of customer service standard
Clause 116 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that the customer
service standard must specify the level of service to be provided, processes
for dealing customers and any matters specified in guidelines issued by the
regulator. For example, customer service standards must include processes
for dealing with service connections, billing, metering, accounting,
customer consultation, complaints and dispute resolution.
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Water Supply (Safety and Reliability) Bill 2008
117 Complying with customer service standard
Clause 117 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a service provider
must comply with its customer service standards when supplying services
to its customers that do not have a contract for the supply of registered
services.
118 Customer complaints
Clause 118 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for a customer giving a
notice of complaint about a service provider's customer service standard to
the regulator and the regulator's response where there is a significant
deficiency in the standard. Importantly the customer must first attempt to
resolve the complaint through negotiation with the service provider.
119 Revising customer service standard
Clause 119 provides that if the regulator requires a revision of the customer
service standard after inquiring into a customer complaint, the service
provider must revise the standard accordingly.
120 Reviewing customer service standard
Clause 120 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a service provider
must review its customer service standard each year. If the standard
changes as a result of the review, the service provider must give a copy of
the revised standard to the regulator and each of its customers that do not
have a contract for the supply of registered services.
Division 6 Drought management plans
121 Purpose of div 6
Clause 121 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires the mandatory
submission of drought management plans by water service providers to
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Water Supply (Safety and Reliability) Bill 2008
ensure they are well prepared for periods of drought, thus minimising the
risk of interrupted water supplies and `crisis management'.
122 Application of div 6
Clause 122 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that this division does
not apply to water service providers who only supply drainage services or
to water service providers where they supply water services to a customer
who holds a water entitlement (such as a water allocation holder). For
example, if the only service being provided is transferring water through a
pipeline, and the water is owned by another entitlement holder, a drought
management plan is not required to be submitted by the service provider.
Another example is when a service provider providing bulk water services
is only supplying water to other water entitlement holders. In this
circumstance, the service provider will not be required to prepare a drought
management plan, as all water entitlement holders will be bound by the
water sharing rules associated with a resource operations plan, or interim
plans.
123 Preparing drought management plans
Clause 123 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires a water service
provider to have a drought management plan for each area it services. For
example, if it services a number of communities, the plan must address
each community within the service area.
To prepare the plan, a water service provider is obliged to consult with its
customers and, if the water is managed under an interim resource
operations licence or resource operations licence, the holder of the interim
resource operations licence or resource operations licence. During plan
preparation consideration must be given to a number of matters: the needs
of classes of customers; likely future requirements of customers for water;
the contractual rights of customers and classes of customers; and
availability and proposed use of water from various sources.
The water service provider must also ensure the plan is consistent with any
requirements about drought or critical water supply arrangements under a
resource operations plan, or interim resource operations plan, for the area
or in a plan developed for an interim resource operations licence in the
area. These other arrangements set out water sharing rules for allocation
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Water Supply (Safety and Reliability) Bill 2008
holders when supplies are critical and water service providers will have to
operate within these rules.
The drought management plan must identify the services and infrastructure
to which it applies and:
· state details of situations in which the provider intends to
exercise powers to restrict water supply or take other measures to
minimise impact of water shortages
· state details of the actions intended to be taken to restrict water
supply or other measures intended to be taken.
The plan must also be prepared in accordance with any guidelines issued
by the regulator.
124 Certifying drought management plan
Clause 124 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires the drought
management plan to be certified by the water service provider's chief
executive officer (or equivalent) as being the plan for the provider.
125 Submitting drought management plan for registration
Clause 125 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires the water service
provider to prepare a drought management plan within one year after the
day the service provider is registered and to give a copy to the regulator for
registration.
126 Exemption from preparing drought management plan
Clause 126 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides a process and
requirements for a water service provider to seek an exemption from the
regulator for preparing a drought management plan. A water service
provider may apply for and be granted an exemption by the regulator if
they can demonstrate that their supply cannot be affected by drought. For
example, water obtained from the Great Artesian Basin or water obtained
through the desalination of seawater.
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Water Supply (Safety and Reliability) Bill 2008
127 Cancelling or amending exemption from preparing drought
management plan
Clause 127 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires a water service
provider to give immediate notice to the regulator of a change of
circumstances under which an exemption is given. The regulator may
amend or cancel the exemption in response to the notice or otherwise when
the regulator becomes aware of a change in circumstances.
128 Registering a drought management plan
Clause 128 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires the regulator to register
a drought management plan when the regulator is satisfied that it complies
with the registration criteria specified in any relevant guidelines issued by
the regulator. The regulator must tell the water service provider of the
intervals at which regular reviews of the plan must be conducted. Drought
management plans require registration only. There is no approval process
for these plans.
129 Changing a drought management plan
Clause 129 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a water service
provider may make changes to its drought management plan after it is
registered. Following such changes, the water service provider must have
the plan re-certified and then resubmit it for registration with the regulator.
130 Complying with drought management plan
Clause 130 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires that a water service
provider must comply with its drought management plan.
131 Tabling in Legislative Assembly
Clause 131 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires the Minister to provide
to the Legislative Assembly a list of water services providers who do not
have registered drought management plans (except those granted an
exemption). This must be done after 1 January each year.
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Water Supply (Safety and Reliability) Bill 2008
Division 7 Outdoor water use conservation plan
132 Application of div 7
Clause 132 is relocated as an uncommenced provision from the Water and
other Legislation Amendment Act 2007 (Water and Other Legislation
Amendment Act) to the Bill as the Bill now provides for service provider
regulation. It provides that this division applies to a service provider who
provides a retail water service outside the SEQ region or a designated
region. A retail water service is defined in the dictionary (schedule 3 of the
Bill). In general terms, a retail water service equates to the supply of
reticulated water to urban customers.
133 Water service provider to have outdoor water use
conservation plan
Clause 133 is relocated as an uncommenced provision from the Water and
Other Legislation Amendment Act to the Bill as the Bill now provides for
service provider regulation. It provides that a relevant water service
provider must have an outdoor water use conservation plan for reducing
outdoor water use and promoting efficient water use by customers. The
impacts of the ongoing drought and climate change have highlighted the
importance of conserving water as a precious resource. Australia will
become hotter and drier in coming decades, with areas in Queensland
particularly affected. The requirement for an outdoor water conservation
plan aims to ensure urban water users are applying water efficient practices
at all times, not simply during periods of water shortage at the local or
regional level. The plan prepared by a water service provider must be
consistent with guidelines issued by the regulator and include:
· any water restrictions imposed, or to be imposed, by the water
service provider
· details of measures to reduce outdoor water use and promote
efficient water use by customers
· the way the service provider intends to implement and ensure
compliance with the measures.
Examples of the types of practices which may be included in an outdoor
water use conservation plan include restricting the use of garden sprinklers
during the middle of the day (except where required for safety reasons),
and alternate outdoor watering days. Measures may also include education
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programs, rebate schemes for water efficient devices, water wise plants and
garden equipment. There are other water supply planning requirements
imposed on water service providers under the Water Act. A plan under
clause 133 may be part of another document if it fulfils the requirements
under the guidelines issued by the regulator, for example, a drought
management plan may already include measures or water restrictions that
will satisfy the requirements of the guidelines.
134 Approving outdoor water use conservation plan
Clause 134 is relocated as an uncommenced provision from the Water and
Other Legislation Amendment Act to the Bill as the Bill now provides for
service provider regulation. It sets out the procedure for the regulator to
approve or refuse an outdoor water use conservation plan submitted by a
water service provider. The decision to approve or refuse a plan is
dependent on whether the plan satisfies the requirements of the guidelines
issued by the regulator.
If an outdoor water use conservation plan is approved, the regulator must
give a notice advising the water service provider of the decision. If a plan is
refused, in the first instance, the regulator must give a notice to the water
service provider stating how the plan must be changed to comply with the
guidelines and include a timeframe within which the revised plan must be
returned to the regulator for consideration.
If after considering a revised plan, the regulator decides to refuse the plan,
the regulator must give an information notice to the water service provider.
A decision by the regulator to refuse the revised plan can be appealed.
135 Changing outdoor water use conservation plan
Clause 135 is relocated as an uncommenced provision from the Water and
Other Legislation Amendment Act to the Bill as the Bill now provides for
service provider regulation. It allows a water service provider to amend
their water use conservation plan after it has been submitted and approved
by the regulator. Any changes need to be made in consultation with the
regulator and approved by the regulator.
136 Complying with outdoor water use conservation plan
Clause 136 is relocated as an uncommenced provision from the Water and
Other Legislation Amendment Act to the Bill as the Bill now provides for
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service provider regulation. It provides that a water service provider must
comply with an outdoor water use conservation plan once it is approved by
the regulator. This includes enforcing measures outlined under the plan.
Division 8 Other service provider obligations
Subdivision 1 Residential premises
Subdivision 1 applies two separate requirements on retail water service
providers (or related local governments): the provision of water
consumption information to residential premises; and the billing of
residential premises for water consumption.
Currently, the majority of retail water service providers are local
governments. Such water service providers utilise rating powers under the
Local Government Act to levy a utility charge for the supply of water on
property owners. However, in some instances, a local government will
issue a rate notice for the supply of water on behalf of a water service
provider (a separate legal entity) that is not the local government, hence a
`related local government'. Other non-local government water service
providers issue an account for the supply of water to their customers.
137 Application of sdiv 1
Clause 137 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It states that subdivision 1 applies
to water service providers (or related local governments) who provide retail
water services to residential premises. However, the subdivision only
applies in respect of residential premises where the supply of water is
measured and charged by the water service provider or related local
government. Also, the subdivision does not apply to premises that are
common property under the Body Corporate and Community Management
Act 1997 (Body Corporate and Community Management Act) or the
Building Units and Group Title Act 1980.
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138 Guidelines for rate notice or account for supply of water to
residential premises
Clause 138 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a rate notice or
account issued by a water service provider or related local government for
the supply of water to residential premises, must comply with guidelines
issued by:
· in respect of the SEQ region or a designated region--the
Commission
· in respect of an area outside the SEQ region or a designated
region--the regulator.
For a rate notice or account issued for the supply of water to residential
premises, the guidelines may specify:
· the frequency at which the rate notice or account must be issued
and
· the type of information to be included about the volume of water
supplied to the premises during each billing period.
Currently, about one-third of households (rental properties) receive no
information about the amount of water consumed on the premises as
owners are usually liable for the cost of the supply of water and they
receive the water bill (rate notice or account) with the consumption
information. As such, residents (tenants) are often unaware of their water
use and how their water consumption compares with other households. As
a result, there is no incentive to reduce water consumption.
The guidelines will provide for standardised information to be included on
rate notices or accounts. For example, detailed graphical information on
water consumption, comparisons of average daily water consumption
against previous billing periods and the local area average, messages about
water consumption targets and ways to help save water. Subclause (3)
provides that the section applies despite sections 973(4) and 1008(3) of the
Local Government Act which deal with utility charges.
139 Service provider to give occupier water advice
Clause 139 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires water service providers
to provide a water advice to occupiers of residential rental properties that
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Water Supply (Safety and Reliability) Bill 2008
states the amount of water supplied to the premises during each billing
period. Clause 139 states that the water advice must not include any
information about any other rates or charges mentioned in section 963 of
the Local Government Act; but may include information about ways to
reduce the amount of water used on the premises or water restrictions
applying to the premises. Subclause (5) provides a definition of `occupier'
for the section.
Subdivision 2 Premises with more than 1 sole-
occupancy unit
140 Service provider to give information about water usage
Clause 140 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It relates to the mandatory
installation of sub-meters in multi-unit complexes and applies to premises
with more than one sole-occupancy unit. A definition of what constitutes a
sole occupancy unit is provided for the section.
The intent of the provision is to provide owners of multi-unit buildings with
an itemised rate notice or account showing all sub-meter readings within
the building or complex. This will enable owners to elect to pass on the cost
of the water supply to individual tenancies according to actual volumes of
water supplied.
The itemised rate notice or account issued by a water service provider or
related local government for the provision of a retail water service to
premises with more than one sole-occupancy unit must state:
· the volume of water supplied through each meter during each
billing period
· the amount of the total charge for the retail water service that
relates to the volume of water supplied through each meter.
This clause does not to apply to community titles schemes under the Body
Corporate and Community Management Act. This is because lot owners
and bodies corporate are either charged directly by the relevant service
provider for the supply of water to individual lots and the common
property, or the total charge for the supply of water to the scheme is
apportioned among lot owners. For community titles schemes that have
sub-meters installed and were established after 1 January 2008, the water
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Water Supply (Safety and Reliability) Bill 2008
service provider is obliged to charge lot owners and bodies corporate
directly for the supply to individual lots and the common property.
Division 9 Annual reports
141 Service provider to report annually
Clause 141 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to drinking water regulation. It provides that a service provider is required
to prepare an annual report for each financial year in the following
instances:
· after a strategic asset management plan, system leakage
management plan or drinking water quality management plan has
been approved
· after a system operating plan applying to the service provider has
been made
· after a customer service standard has been given to the regulator
· when a water advice is given to an occupier of residential
premises.
These annual reports may be prepared in combination with other reports
required to be provided by service providers to the regulator under this
clause. A copy of the report must be given to the regulator within 120
business days (that is, 24 weeks) of the end of the financial year. Where a
service provider is a local government, the local government can include
the reports within a report required under the Local Government Act. A copy
of the report must be available for inspection and purchase.
142 Contents of annual report
Clause 142 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to drinking water regulation. It states the matters which must be addressed
in an annual report for each of the instances listed above in clause 141.
While there are some specific reporting requirements relating to particular
plan types, for example, an annual report for drinking water quality
management must contain a summary of water quality and compliance
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Water Supply (Safety and Reliability) Bill 2008
with the water quality criteria for drinking water and an annual report on
water advices given to tenants must state the number of advices given and
any complaints, the annual reporting requirements are generally the same.
For example, most types of annual report must:
· be prepared in accordance with the relevant guidelines
· document the ways in which the service provider has
implemented the relevant plan, for example, how funds have
been applied
· state the outcome of any reviews of the plan and how the service
provider has addressed those outcomes
· contain a summary of the findings and recommendations of any
relevant regular audit reports.
Division 10 Water for fire fighting
143 Application of div 10
Clause 143 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It clarifies that division 10 only
applies to service providers who provide retail water services (this would
primarily be in urban areas).
144 No charge for water for fire fighting purposes
Clause 144 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a water service
provider cannot charge for water taken from a fire fighting system for fire
fighting purposes. `Fire fighting system' and `fire fighting purposes' are
defined in the dictionary (schedule 3 of the Bill). However, the water
service provider may fix a meter or a seal or both to any private fire fighting
system. The purpose of fixing a meter would be to monitor water use from
the system, for the purpose of identifying any water which might be taken
from the fire system for reasons other than fire fighting purposes (this is an
offence under clause 145). If a seal is broken, this clause requires the
occupier of the premises to notify the service provider of the breaking,
within 24 hours.
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Water Supply (Safety and Reliability) Bill 2008
145 Water to be used only for fire fighting purposes
Clause 145 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It makes it an offence to take
water from a fire fighting system or service provider's hydrant for
purposes other than to fight a fire. Where a person is convicted of an
offence under this clause, the service provider may recover from the person
the cost of the water taken. This clause also provides a penalty for taking
water from a service provider's hydrant for a purpose other than fire
fighting purposes.
Division 11 Exemptions for small service
providers
146 Small service providers may apply for exemption
Clause 146 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It enables a small service provider
to apply to the regulator for an exemption from complying with
requirements for strategic asset management plans, customer service
standards and some requirements relating to audit reports and reviews and
annual reports. Small service provider is further defined in the dictionary
(schedule 3 of the Bill) to mean a service provider for:
· a retail water or sewerage service with 1000 or less connections to
a registered service
· an irrigation service with 100 or less users and less than
20000ML throughput
· for any other type of water service that mainly provides drainage
services or water for stock and domestic purposes and has 500
customers or less.
System leakage management plans and drought management plans are
excluded from such applications.
147 Deciding application for exemption
Clause 147 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for how the regulator
grants an exemption to a small service provider. If the regulator is satisfied
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Water Supply (Safety and Reliability) Bill 2008
it is not reasonably practicable for the small service provider to comply
with the relevant requirement (for example, the requirement to prepare a
strategic asset management plan) because the cost of complying would
outweigh the benefits, the regulator may exempt the small service provider.
In determining whether an exemption should be granted, both costs and
benefits may be considered, including benefits to persons other than the
customer and costs to persons other than the service provider. For example,
where a third party, such as the State, contributes to the cost of providing
the service, any cost savings that would result from the need for the service
provider to have plans in place would be savings for the State, not for the
individual customers. These savings should be considered in determining
whether to grant an exemption under this section. The regulator may grant
the exemption subject to conditions and if so, the exemption operates only if
the conditions are complied with.
System leakage management plans and drought management plans are not
included in such decisions by the regulator.
148 Notice of decision on application for exemption
Clause 148 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for the regulator to
give the small service provider notice of the decision to either grant or
refuse an exemption. In addition, if an exemption is granted, the regulator
must give notice of the exemption in the gazette. The clause states the
details that the notice must contain. Sections 24 to 26 of the Statutory
Instruments Act apply to an exemption as if it were a statutory instrument.
149 Cancelling or amending an exemption
Clause 149 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that if the regulator has
given an exemption under clause 147 based on certain circumstances, then
the small service provider must advise the regulator of any change in those
circumstances. The clause also provides that the regulator may amend or
cancel an exemption after being advised of the change in circumstances, or
if the regulator becomes aware of the change in circumstances through
some other means. Where the regulator amends or cancels an exemption,
the regulator must give the service provider an information notice about the
amendment or cancellation (this makes it a reviewable decision) and, as
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Water Supply (Safety and Reliability) Bill 2008
soon as is practicable, give notice of the amendment or cancellation in the
gazette.
150 Sections 150--159 not used
Clause 150 provides that clauses 150 to 159 are not used.
Part 5 Service areas
Division 1 Preliminary
160 Application of pt 5
Clause 160 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that this part applies to
a service provider who supplies a retail water service or sewerage service in
a service area. A retail water service and sewerage service is further
defined in the dictionary (schedule 3 of the Bill). This division applies in
relation to urban and town water supply and sewerage services. In addition,
it applies not only to a local government providing water supply and
sewerage services as a service provider but also to a private sector service
provider.
Division 2 Service areas
161 Declaration of service area
Clause 161 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides for the establishment
of a service area in which a service provider may supply a retail water
service or sewerage service. A service area is further defined in the
dictionary (schedule 3 of the Bill) to mean an area declared for the
provision of a retail water service and a sewerage service. A local
government may, by resolution, declare all or part of its local government
area to be a service area for a retail water service or sewerage service and
declare the service provider for the service area. If the local government is
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Water Supply (Safety and Reliability) Bill 2008
not intending to be the service provider for the service area, the local
government can only declare another entity to be the service provider if the
entity has agreed, in writing, to the declaration before the declaration is
made. It is the intention of this clause to allow a local government to
declare a service area for a private sector service provider which intends to
supply the services.
The declaration of a service area may be amended by a local government
resolution. If the local government is amending a service area in which
another entity is declared to be the service provider, the local government
must receive the entity's written agreement. It is intended that only one
service provider may provide services in a declared service area. Therefore,
a local government must not declare an area to be a service area if the area
has already been declared for another retail water service or sewerage
service.
162 Notice of declaration of service area
Clause 162 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that if a local
government declares or amends a declaration of a service area, the local
government must publish a notice of the declaration/amendment in a
newspaper circulating generally throughout the local government area and
make the notice available for inspection and purchase under the Local
Government Act.
163 Map of service area
Clause 163 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a service provider
for a registered service in a service area must keep a map that details the
limits of the service area and the location of the service provider's
infrastructure for the registered service. A non-local government service
provider must provide a copy of the map to the local government in whose
area the service area is declared. In addition, the service provider, whether
or not it is a local government, must update the map at least annually and
make the map available for inspection and purchase.
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Water Supply (Safety and Reliability) Bill 2008
Division 3 Access to services in service areas
164 Access to service in service area
Clause 164 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It requires that, within a service
area, a service provider must ensure that all premises can be connected to
its water supply and/or sewerage services and that its infrastructure can
deal with the service requirements of the premises. The design of the
service provider's infrastructure must allow for a connection point which
must be located within the boundary of premises.
This clause also clarifies that a property service (the part of the service
between the property boundary and the water main and the sewer), whether
it relates to a water service or a sewerage service of a service provider, is
part of the service provider's infrastructure. This ensures a service provider
can, if necessary, exercise powers under the Bill in relation to a property
service, for example, the power to enter a place to inspect, maintain, repair
or replace infrastructure. Any on-premises plumbing and drainage work
that a property service connects to is not part of a service provider's
infrastructure. Responsibility for any on-premises works rests with the
owner of the premises, not the service provider.
165 Recovering costs of giving access to registered service
Clause 165 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a service provider
may recover from a customer the reasonable cost of providing access to its
services in a service area.
166 When service provider not required to supply water in
service area
Clause 166 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a service provider
is not obliged to supply water, from its infrastructure to premises, which is
above a satisfactory pressure. However, the service provider may agree to
supply water to such premises subject to the condition that the owner
installs enough tanks and pumps to ensure that water can be supplied to the
premises at a satisfactory pressure and flow.
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Water Supply (Safety and Reliability) Bill 2008
Division 4 Connecting to registered services
167 Owner may ask for connection to service provider's
infrastructure
Clause 167 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that an owner of a
property in a service area may ask the service provider to supply it with
services. The service provider may require the owner of premises to carry
out necessary work on the premises and pay a reasonable connection fee to
enable the services to be supplied. When the owner has satisfactorily
completed the work and paid any reasonable connection fee, the service
provider must connect the premises to its services.
168 Notice requiring connection to registered service
Clause 168 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It provides that a service provider
may issue a notice to an owner of premises in the service area requiring
works to be undertaken so that the premises can be connected to its service.
The service provider may require the owner of premises to carry out
necessary work on the premises to enable its services to be supplied. When
the owner has satisfactorily completed the work, the service provider must
connect the premises to its services.
Division 5 Restricting domestic water supply
169 Restricting domestic water supply in particular
circumstances
Clause 169 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It allows a service provider to
reduce the water supply to premises used for domestic purposes in certain
circumstances. Service providers can do this if:
· the owner or occupier of premises contravenes a service provider
water restriction or a commission water restriction, or does not
pay the water rates or charges for the service and
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· the owner or occupier of the premises has been given notice not
to continue to contravene the restriction or to pay the rate or
charge and
· the owner or occupier continues to contravene the restriction or
refuses to pay for the service.
The service provider may reduce the water supply to the premises to the
minimum level necessary for health and sanitation purposes but must not
completely cut off supply.
170 Sections 170--179 not used
Clause 170 provides that clauses 170 to 179 are not used.
Part 6 Trade waste
The admission of substances other than sewage into a sewerage system
involves a risk of damage or failure to both the infrastructure and the
treatment processes used to render the sewage fit for disposal to the
environment. This part provides for a local government which is a
sewerage service provider (local government sewerage service provider) to
approve the acceptance of trade waste into its sewerage infrastructure. The
trade waste generator may be another service provider or an individual
trade waste generator. For example, the local government sewerage service
provider may own the sewerage treatment plant into which another
sewerage service provider discharges trade waste. The other sewerage
service provider is taken to be the person who must obtain approval from
the local government sewerage service provider. The other sewerage
service provider itself deals directly with individual trade waste generators
by way of contract or other arrangement. Alternatively, the local
government sewerage service provider may be the only sewerage service
provider and in those circumstances, accept trade waste directly from
individual trade waste generators.
180 Trade waste approvals
Clause 180 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
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Water Supply (Safety and Reliability) Bill 2008
to recycled water regulation. It provides for a person, being a trade waste
generator, to apply to a local government sewerage service provider for
approval for admissions of trade waste into the local government's
infrastructure. The clause also provides the criteria under which a local
government sewerage service provider may approve the admission of trade
waste into their infrastructure.
Clause 180 also states the circumstances in which a local government
sewerage service provider must not give an approval for trade waste. This
is, where the regulator has given the local government a trade waste
compliance notice prohibiting the local government from giving a trade
waste approval for the discharge of trade waste into its sewerage
infrastructure. The regulator may give a trade waste compliance notice
under chapter 3 of the Bill if he/she considers the discharge of waste water
is likely to adversely affect the quality of recycled water that may be
supplied under a recycled water scheme.
181 Approval may be conditional
Clause 181 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to recycled water regulation. It states that approval for trade waste may be
subject to conditions under which a local government sewerage service
provider may approve discharge of trade wastes to sewerage infrastructure.
Similarly, if the regulator requires a local government to impose conditions
on the discharge of trade waste to sewerage infrastructure, the local
government must give the trade waste approval subject to the regulator's
conditions.
182 Criteria for suspending or cancelling trade waste approval
Clause 182 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation. It provides the criteria for the
suspension or cancellation of a trade waste approval.
183 Suspending or cancelling trade waste approval
Clause 183 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation. It provides the procedure for the
suspension of cancellation of a trade waste approval. This clause also
provides the means to appeal against a decision to suspend or cancel the
approval.
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Water Supply (Safety and Reliability) Bill 2008
184 Immediate suspension or cancellation
Clause 184 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and changed to include reference
to recycled water regulation. It provides that local governments may
suspend or cancel a trade waste approval immediately and without a show
cause notice if the local government considers urgent action is necessary.
Urgent action may be required for example, in the interest of public safety;
to prevent environmental harm; or to prevent damage to the local
government's sewerage system. Local governments acting under this clause
must give the approval holder an information notice about the action. In
addition, a local government must cancel an existing trade waste approval
if the local government receives a trade waste compliance notice from the
regulator prohibiting the giving of trade waste approval and the existing
approval is inconsistent with the notice for discharge of trade waste into its
sewerage infrastructure.
185 Amending trade waste approval
Clause 185 provides that where a local government has issued a trade
waste approval that is not consistent with the conditions the local
government must impose under a trade waste compliance notice, the local
government must notify the approval holder and amend the trade waste
approval (that is, to ensure consistency with the trade waste compliance
notice). The notice given to the approval holder must state, for example,
how the conditions of the approval are amended, and is effective from the
day the notice is given.
186 Sections 186--189 not used
Clause 186 provides that clauses 186 to 189 are not used.
Part 7 Offences
190 Supplying unauthorised services
Clause 190 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It makes it an offence to supply
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Water Supply (Safety and Reliability) Bill 2008
services unless the owner of the infrastructure is registered as a service
provider for the service.
191 Connecting to or disconnecting from service provider's
infrastructure without approval
Clause 191 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It makes it an offence to connect
or disconnect to a service provider's infrastructure without the service
provider's written consent. Service providers need to be made aware of
disconnections from their infrastructure, to ensure appropriate action is
taken to effectively seal the relevant connection point.
192 Interfering with service provider's infrastructure
Clause 192 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. It makes it an offence to interfere
with a service provider's infrastructure without the service provider's
written consent. In addition this clause makes it an offence to build over a
service provider's infrastructure, interfere with access to their
infrastructure, change the amount of cover over their infrastructure, or
change the surface of land in a way which causes ponding of water over an
access chamber for their infrastructure without the service provider's
written consent. Construction of, for example, a driveway over a water
main or sewerage system may adversely impact on a service provider's
ability to later access and service that infrastructure. Service providers
made aware of activities covered by this clause can take action to ensure
those activities do not later have a detrimental effect on service provision.
193 Discharging particular materials
Clause 193 is relocated from the Water Act to the Bill, as the Bill now
provides for service provider regulation, and recast to align with current
drafting practices. It creates offences relating to discharging trade waste or
prohibited substances into a service provider's infrastructure.
Subclause (4) specifically creates offences preventing a person from
discharging surface water, soil, sand or rock into a service provider's
infrastructure. The subclause provides greater protection for service
providers who supply water services, as the definition of prohibited
substances in schedule 1 of the Bill only relates to sewerage.
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Water Supply (Safety and Reliability) Bill 2008
Subclause (5) also makes it an offence for a person to discharge water from
a swimming pool or ornamental pond, or water used to clean a swimming
pool's filtration system, into a service provider's infrastructure without the
provider's consent. Uncontrolled discharge of this water into a service
provider's infrastructure can have severe impacts, including hydraulic
overload and high salt levels which would make effluent unsuitable for
reuse and recycling.
194 Polluting water
Clause 194 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. This clause makes it an offence
for a person to do anything likely to pollute water in a service provider's
water service. This is important for public health reasons.
195 Taking water without approval
Clause 195 is relocated from the Water Act to the Bill as the Bill now
provides for service provider regulation. This clause makes it an offence
for a person to take water from a service provider's infrastructure without
the service provider's consent, unless the taking is for fire fighting purposes
or the water has been supplied for general public use.
Chapter 3 Recycled water management
This chapter establishes a regulatory framework to cover the production
and supply of `recycled water' in circumstances where the recycled water
is derived from particular sources. The chapter extends the functions of the
regulator under the Bill.
Recycled water is defined as any of the following that are intended to be
reused:
· sewage or effluent sourced from a service provider's sewerage
· greywater that is sourced from a treatment plant capable of
treating 50kL or more greywater a day
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· wastewater that is generated on premises from industrial,
commercial or manufacturing activities, or animal husbandry
activities prescribed under a regulation, other than wastewater
generated from mining, petroleum or agricultural activities.
Supply in relation to sewage or effluent and greywater includes the use of
the treated recycled water by the provider or on-supplied to another entity;
however, wastewater is only caught as recycled water if it is on-supplied by
the entity that produced it to another entity for reuse.
The objectives of the framework are to protect public health and for certain
recycled schemes, to ensure continuity of operation of the scheme to meet
the essential water supply needs of the community or industry.
Recycled water providers will be required to prepare risk-management
plans--recycled water management plans, or be exempt, that are assessed
and approved by the regulator against a range of matters, including in
particular, water quality criteria prescribed by regulation under the Public
Health Act or under a guideline prepared by the regulator. The approved
recycled water management plan will give effect to the water quality
criteria relevant to the particular source of the recycled water and its
intended use.
A recycled water provider must comply with the approved recycled water
management plan for the scheme and any conditions of the plan, or if
exempt, comply with the exemption conditions, failing which the regulator
may take a range of compliance actions as provided for under the Bill. In
addition, a recycled water provider has a general obligation under the
Public Health Act to produce and supply recycled water that is `fit for use',
failing which the chief executive administering that Act may take necessary
compliance action as well as managing any associated public health risk.
The dictionary (schedule 3 of the Bill) provides definitions for key terms
under the recycled water regulatory framework, including `recycled water
provider', `recycled water scheme', `recycled water management plan',
`validate' and `validation program'.
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Part 1 Particular Offences
196 Offence about supplying recycled water
Clause 196 states that it is an offence to supply recycled water without an
approved recycled water manager plan, unless the supply of the recycled
water by a provider is under an exemption.
This clause is subject to transitional provisions under chapter 9, part 5 of
the Bill, under which certain schemes are not required to have an approved
plan to be authorised to produce and supply recycled water for a
transitional period.
197 Offences about compliance with exemption or recycled
water management plan
Clause 197 provides for offences relating to non-compliance with the
conditions of an exemption or an approved recycled water management
plan or conditions of the plan.
198 Sections 198 --199 not used
Clause 198 provides that clauses 198 to 199 are not used. See footnote at
the start of chapter 2.
Part 2 Recycled water management
planning
200 Purpose of recycled water management plan
Clause 200 provides a purpose statement about recycled water
management plans. The purposes of a recycled water management plan
are:
· to protect public health
· if the plan is for a critical recycled water scheme--to ensure the
continuity of operation of the scheme.
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201 Preparing particular plans
Clause 201 states the obligations of recycled water providers, scheme
managers and other declared entities to prepare recycled water
management plans.
A recycled water provider for a single-entity recycled water scheme must
prepare a recycled water management plan for the provider's scheme.
For a multiple-entity recycled water scheme, the scheme manager must
prepare a scheme manager plan and each recycled water provider and other
declared entity must prepare a scheme provider plan for the scheme. The
recycled water management plan for a multiple-entity scheme comprises
the scheme manager plan and the scheme provider plans.
All plans must be prepared in accordance with guidelines, if any, issued by
the regulator about the preparation of recycled water management plans
and validating recycled water schemes, and must state or include the things
specified in subclause (5).
202 Application for approval of recycled water management
plan
Clause 202 provides that the relevant entity for a recycled water
management scheme must apply to the regulator for approval of the
recycled water management plan for the scheme. A `relevant entity' is
generally defined to mean the recycled water provider for a single-entity
scheme and the scheme manager for a multiple-entity scheme.
The recycled water management plan for a multiple-entity scheme
comprises the scheme manager plan and a scheme provider plan for each
declared entity for the scheme. While the scheme manager and declared
entities must prepare their individual plans, at the point of submitting the
whole recycled water management plan to the regulator for approval, it is
only the scheme manager that may do this.
The application must be in the approved form and be accompanied by a
copy of the recycled water management plan and the fee prescribed under
regulation.
For any scheme that proposes to supply recycled water to augment a supply
of drinking water, the relevant entity may not apply to the regulator for
approval of the plan for the scheme unless there is an approved validation
program for the scheme. A validation program is a documented program
about how the plant and equipment used for the treatment of recycled water
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under the scheme are to be tested to show the quality of the recycled water
consistently meets the water quality criteria for recycled water relevant to
the scheme.
203 Additional information may be required
Clause 203 provides that the regulator may seek additional information
about a recycled water management plan, including information about
arrangements relating to the supply of recycled water under the scheme,
such as evidence that supply of recycled water under the scheme is only for
the purpose or purposes stated in the plan.
Additional information required by the regulator in considering whether to
approve a plan, may include details of the supporting programs for the
scheme, for example, what arrangements the provider has for ensuring
employees are appropriately trained to operate plant and equipment for
treating recycled water.
204 Regulator may obtain advice about application
Clause 204 provides that the regulator may seek advice from an advisory
council or any other entity the regulator considers appropriate before
deciding the application. This provision would enable the regulator to seek
advice from, for example, Queensland Health or the Expert Advisory Panel
advising the Queensland Government on the Western Corridor Recycled
Water Scheme.
205 Consideration of application
Clause 205 provides the timeframes for deciding an application for
approval of a recycled water management plan and states the matters the
regulator must have regard to in considering an application.
206 Notice of decision
Clause 206 states the requirements for giving notice to applicants
following a decision on an application for approval of a recycled water
management plan. If the decision is to approve the plan without regulator
conditions, the regulator must give the applicant written notice of the
decision. If the decision is to approve the plan with regulator conditions or
to refuse to approve the plan, the regulator must give the applicant an
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information notice. An information notice gives the applicant the right to
appeal the decision.
All approved recycled water management plans will include certain
statutory conditions as standard; these are stated under clause 208. In
addition, the regulator may apply other conditions, called `regulator
conditions', in approving a recycled water management plan.
If a plan is approved, the notice or information notice must also state the
intervals at which regular reviews, internal audits and regular audits of the
recycled water management plan for the scheme must be conducted.
207 When regulator must not approve recycled water
management plan
Clause 207 provides that before a recycled water management plan for a
scheme that proposes to supply recycled water to augment a supply of
drinking water is approved, there must be a drinking water quality
management plan covering the storage that will receive the recycled water.
Both the recycled water provider and the drinking water service provider
will be required to comply with the relevant water quality criteria
prescribed under a regulation under the Public Health Act. It is expected
that both drinking water quality and recycled water management plans will
be considered at the same time, to ensure that the management actions
under the plans are complimentary to each other.
208 Statutory condition of approved recycled water
management plans
Clause 208 provides for statutory conditions that apply to all approved
recycled water management plans. Two statutory conditions are stated
requiring that:
· notice be given to the regulator if production or supply of
recycled water under the recycled water scheme stops or may
stop temporarily, and other than as provided for under the
approved plan for the scheme or on a permanent basis
· supply must stop to a particular entity under a scheme, if a
recycled water provider, scheme manager or a declared entity
becomes aware that the entity is using recycled water other than
in a way or for a purpose provided for under the plan.
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209 Amending recycled water management plan by agreement
Clause 209 provides that the relevant entity (the recycled water provider
for a single-entity scheme and the scheme manager for a multiple-entity
scheme) may, with the regulator's agreement amend the approved recycled
water management plan for the relevant scheme under the provision, if the
amendment is only to correct a minor error in the plan or make another
change that is not a change of substance or to record a change in name or
change of ownership in an entity part of a scheme. Amendment of a plan
under this provision does not require an application.
210 Amendment of recycled water management plan for
single-entity recycled water scheme--requirement of regulator
Clause 210 provides an ability for the regulator to instigate an amendment
to an approved recycled water management plan for a single-entity
recycled water scheme if satisfied an amendment is required:
· to protect public health
· if the scheme is a critical recycled water management scheme, to
ensure the continuity of operation of the scheme.
However, before the regulator requires a plan to be amended, the regulator
must give a show cause notice to the recycled water provider and consider
any properly made submissions made in relation to the notice.
If after considering submissions the regulator decides that the proposed
amendment should be made, the regulator must give a notice to the
recycled water provider to amend the plan in a stated way and give the
amended plan to the regulator for approval. The recycled water provider
may appeal the regulator's decision to require a plan amendment. If the
regulator is satisfied the plan is amended in the way required, the amended
plan is taken to be the approved plan for the scheme.
If after considering any properly made submissions the regulator decides
the proposed amendment should not be made, the regulator must give a
notice to the recycled water provider that the amendment need not be made.
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211 Amendment of recycled water management plan for
multiple-entity recycled water scheme--requirement of
regulator
Clause 211 provides an ability for the regulator to instigate an amendment
to an approved recycled water management plan for a multiple-entity
recycled water scheme comprising the scheme manager plan and scheme
provider plans if satisfied an amendment is required:
· to protect public health
· if the scheme is a critical recycled water management scheme, to
ensure the continuity of operation of the scheme.
However, before the regulator requires a scheme manager or declared
entity to amend the scheme manager plan or scheme provider plan, the
regulator must give the scheme manager or declared entity a show cause
notice about the proposed amendment, and a copy of the show cause notice
to each entity that is not directly required to amend their plan.
If after considering all properly made submissions the regulator decides
that the proposed amendment should be made, the regulator must give a
notice requiring a stated amendment to--the scheme manager for an
amendment to the scheme manager plan; and a declared entity for
amendment of a scheme provider plan.
The scheme manager and any declared entity that made a properly made
submission may appeal the regulator's decision to require a plan
amendment. If the regulator is satisfied the plan is amended in the way
required, the amended plan is taken to be the approved recycled water
management plan for the scheme.
If after considering any properly made submissions the regulator decides
the proposed amendment should not be made, the regulator must give the
scheme manager and each declared entity notice the amendment need not
be made.
212 Amendment of recycled water management
plan--application
Clause 212 provides that if a recycled water management plan for a
recycled water scheme is proposed to be amended, other than under clauses
209, 210 or 211, the relevant entity may apply to the regulator for approval
of the proposed amended recycled water management plan under this
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clause and by following the same process applicable to applying for
approval of a recycled water management plan in the first instance.
213 Suspending or cancelling recycled water management plan
if regulator is satisfied about particular matters
Clause 213 provides the regulator may suspend or cancel a recycled water
management plan if the regulator is satisfied or reasonably believes the
scheme manager, recycled water provider or a declared entity for a recycled
water scheme (each a `responsible entity') to which the plan relates has not
complied with the plan or the conditions of the plan or a compliance notice.
However, the regulator must give a show cause notice about the proposed
action and copies of the show cause notice to the entities stated in the
provision and consider all properly made submissions before making a
decision to suspend or cancel a plan. An entity that receives a copy of a
show cause notice may make a submission in relation to the notice.
If after giving a show cause notice and considering all properly
submissions the regulator decides to suspend or cancel a plan, the regulator
must give an information notice to, for a single-entity scheme, the recycled
water provider and for a multiple-entity scheme, the scheme manager.
If after considering any properly made submissions the regulator decides
not to suspend or cancel a plan, the regulator must give a notice to, for a
single-entity scheme, the recycled water provider and for a multiple-entity
scheme, the scheme manager that the amendment need not be made.
If a plan is suspended, the suspension ends only when the resumption of
supply of recycled water under the recycled water scheme to which the
plan relates is taken to the approved under clause 215.
214 Suspending recycled water management plan if production
or supply of recycled water stops
Clause 214 provides that the regulator may suspend the recycled water
management plan for a scheme if the regulator has received a notice that
the production or supply of recycled water under the scheme has
temporarily stopped.
This clause relates to the statutory condition that applies to all approved
recycled water management plans, requiring that notice be given to the
regulator when unplanned or unscheduled stoppages not contemplated
under the approved plan occur. Notice of the unplanned stoppage gives the
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regulator the option of suspending the plan if appropriate in the
circumstances. It is likely that a plan would be suspended if, for example,
both production and supply of recycled water was stopped for an extended
period. Suspending a plan enables the regulator to require that the scheme
be `validated' again before resumption of supply of recycled water under
the scheme is approved. To validate a scheme means to carry out testing of
the plant and equipment used for the treatment of recycled water to show
the quality of the water consistently meets the water quality criteria
relevant to the scheme. Alternatively, if only supply was stopped because
of the loss of a major customer but the treatment plant continued to operate,
it is unlikely that the plan for the scheme would be suspended.
If a plan is suspended, the suspension ends only when the resumption of
supply of recycled water under the recycled water scheme to which the
plan relates is taken to the approved under clause 215.
215 Application to resume supply
Clause 215 provides that if a recycled water management plan has been
suspended, the regulator may give approval for the resumption of supply of
recycled water under the scheme following an application to the regulator.
The regulator must as soon as practicable after considering an application,
decide:
· to approve the application without conditions
· to approve the application on the condition that the scheme be
`validated' by undertaking the validation program for the scheme
· refuse to approve the application and direct that the recycled
water management plan for the scheme be amended and
submitted for the regulator's approval
· refuse to approve the application.
If an application is approved without conditions, the regulator must give a
notice about the decision. If an application is approved with conditions or
refused, the regulator must give an information notice. An information
notice gives the applicant the right to appeal the decision.
The resumption of supply of recycled water under a recycled water scheme
is taken to be approved under the section at the following stated times:
· if an application is approved without conditions--when the
notice of the decision is given
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· if the application is approved on condition that the scheme be
validated--when the regulator gives notice stating the regulator
is satisfied the testing of plant and equipment under the
validation program for the scheme shows the quality of the
scheme's recycled water consistently meets the water quality
criteria relevant to the scheme
· if the application is refused and a direction given to amend the
plan for the scheme--when the amended plan is approved.
216 Sections 216--229 not used
Clause 216 provides that clauses 216 to 229 are not used.
Part 3 Notice about permanently
stopping supply of recycled
water
230 Notice about permanently stopping supply of recycled
water
Clause 230 creates an obligation on the scheme manager, recycled water
provider and other declared entities to give the regulator notice if it is likely
supply of recycled water under the scheme will permanently stop and in
relation to a critical recycled water scheme there is no other entity willing
to take over the operation of all or part of the scheme.
If the recycled water scheme is a critical recycled water scheme, the notice
to the regulator must be given at least 60 days before supply of the recycled
water is stopped. If the recycled water scheme is not a critical recycled
water scheme, the notice to the regulator must be given at least 30 days
before supply of the recycled water is stopped. The purpose of this clause is
to make provision for the regulator to be notified in circumstances where
the regulator may need to take action to ensure the continuity of operation
of a critical recycled water scheme. Under clause 530 and clause 535, the
regulator or another person may be authorised to take over the operation of
certain infrastructure to ensure the continued operation of the scheme.
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231 Cancelling recycled water management plan on receipt of
notice under s 230
Clause 231 provides that the regulator may cancel a recycled water
management plan if the regulator has received a notice under clause 230
that the supply of recycled water under a scheme has permanently stopped.
232 Sections 232--234 not used
Clause 232 provides that clauses 232 to 234 are not used.
Part 4 Validation programs
235 Application of pt 4
Clause 235 provides that part 4 applies to a recycled water scheme if
recycled water is proposed to be supplied under the scheme to augment a
supply of drinking water.
236 Preparing validation program
Clause 236 creates an obligation on the recycled water provider for a
single-entity recycled water scheme and the scheme manager and declared
entities for a multiple-entity scheme to prepare a validation program for
approval of the regulator. The validation program means a documented
program about how the plant and equipment used for the treatment of
recycled water under the scheme are to be tested to show the quality of the
recycled water consistently meets the water quality criteria for recycled
water relevant to the scheme. The program must be prepared in accordance
with guidelines, if any, made by the regulator about validating recycled
water schemes.
237 Application for approval of validation program
Clause 237 provides that the relevant entity for a recycled water
management scheme must apply to the regulator for approval of the
validation program for the scheme. A relevant entity in this instance means
the recycled water provider for a single-entity scheme and the scheme
manager for a multiple-entity scheme.
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The application must be in the approved form and be accompanied by a
copy of the validation program and the fee prescribed under regulation.
238 Additional information may be required
Clause 238 provides that the regulator may seek additional information
about a validation program.
239 Regulator may obtain advice about application
Clause 239 provides that the regulator may seek advice from an advisory
council or any other entity the regulator considers appropriate before
deciding the application. This provision would enable the regulator to seek
advice from, for example, Queensland Health or the Expert Advisory Panel
advising the Queensland Government on the Western Corridor Recycled
Water Scheme.
240 Consideration of application
Clause 240 provides the timeframes for deciding an application for
approval of a validation program and states the matters the regulator must
have regard to in considering an application.
241 Notice of decision
Clause 241 states the requirements for giving notice to applicants
following a decision on an application for approval of a validation
program. If the decision is to approve the program without conditions, the
regulator must give the applicant written notice of the decision. If the
decision is to approve the program with conditions or to refuse to approve
the program, the regulator must give the applicant an information notice.
An information notice gives the applicant the right to appeal the decision.
242 Amendment of validation program
Clause 242 provides that the relevant entity for a scheme may amend a
validation program for a recycled water scheme by applying to the
regulator for approval of an amended validation program by following the
same process applicable to applying for approval of a validation program
for the scheme in the first instance.
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243 Sections 243--249 not used
Clause 243 provides that clauses 243 to 249 are not used.
Part 5 Exemptions
250 Application for exemption
Clause 250 provides that a recycled water provider for a recycled water
scheme that is not a critical recycled water scheme may apply to the
regulator for an exemption from having an approved recycled water
management plan.
The application must be in the approved form and be accompanied by
information and documents required to be given under the guidelines, if
any, made by the regulator about applying for an exemption and the fee
prescribed under regulation, and be supported by enough information to
enable the regulator to decide the application.
251 Additional information may be required
Clause 251 provides that the regulator may seek additional information
about the application, including information about arrangements relating to
the supply of recycled water under the scheme, such as evidence that
supply of recycled water under the scheme is only for the purpose or
purposes stated in the application.
252 Regulator may obtain advice about application
Clause 252 provides that the regulator may seek advice from an advisory
council or any other entity the regulator considers appropriate before
deciding the application. This provision would enable the regulator to seek
advice from, for example, Queensland Health or the Expert Advisory Panel
advising the Queensland Government on the Western Corridor Recycled
Water Scheme.
253 Consideration of application
Clause 253 provides the timeframes for deciding an application and states
the matters the regulator must have regard to in considering an application.
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254 Notice of decision
Clause 254 states the requirements for giving notice to applicants
following a decision on an application for an exemption. If the decision is
to approve the exemption without regulator conditions, the regulator must
give the applicant written notice of the decision. If the decision is to
approve the exemption with regulator conditions or to refuse to approve the
exemption, the regulator must give the applicant an information notice. An
information notice gives the applicant the right to appeal the decision.
255 Duration of exemption
Clause 255 provides that an exemption from having a recycled water
management plan for a scheme may only be granted for a period of not
more than five years.
256 Provision about conditions of exemption
Clause 256 provides conditions that may be applied to an exemption. A
statutory condition that applies to all exemptions granted by the regulator
provides that if the recycled water provider becomes aware that an entity to
whom the provider supplies recycled water is using the water other than in
a way or for a purpose provided for under the exemption the provider must
stop supply to that entity. The regulator may also apply `regulator
conditions' to an exemption granted under the part. An exemption applies
only if all conditions of the exemption are complied with.
257 Cancelling or amending exemption
Clause 257 creates an obligation on the recycled water provider granted an
exemption to immediately notify the regulator if the circumstances under
which an exemption were given change.
The regulator may, after receiving such notice, or after becoming otherwise
aware of a change of circumstances, under which an exemption was
granted, cancel or amend an exemption.
If the regulator decides to amend or cancel an exemption under in the
circumstances, the regulator must give an information notice. An
information notice gives the recipient the right to appeal the decision.
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Part 6 Reviews and audits of recycled
water management plans
258 Reviewing recycled water management plans
Clause 258 creates an obligation on the recycled water provider for a
single-entity recycled water scheme or the scheme manager for a
multiple-entity scheme to review or arrange for a review of the approved
recycled water management plan for the scheme at the intervals for
conducting such reviews stated in the notice of approval of the plan.
The purpose of the review is to ensure the plan remains relevant having
regard to:
· the operation of the recycled water scheme to which it relates
· the applicable water quality criteria for recycled water relevant to
the scheme
· best practice industry standards for the production and supply of
recycled water.
259 Changing plan after review
Clause 259 applies if the regular review conducted under clause 258
indicates changes to the recycled water management plan for a scheme
should be made. If changes are needed, the recycled water provider for a
single-entity scheme must amend the plan and apply to the regulator for
approval of the amended plan within 60 days after the review ends.
For a plan for a multiple-entity scheme, the scheme manager and declared
entities, must to the extent necessary, amend the scheme manager plan and
scheme provider plans within 60 days after the review ends and the scheme
manager must apply to the regulator for approval of the amended plan.
260 Providing internal audit reports
Clause 260 requires the recycled water provider for a single-entity recycled
water scheme or the scheme manager for a multiple-entity scheme to
arrange for internal audits of the approved recycled water management
plan for the scheme at the intervals for conducting such audits stated in the
notice of approval of the plan.
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The purpose of the internal audit is to assess compliance with the approved
recycled water management plan and the conditions of the plan.
261 Providing regular audit reports
Clause 261 requires the recycled water provider for a single-entity recycled
water scheme and the scheme manager for a multiple-entity scheme to
arrange for internal audits of the approved recycled water management
plan for the scheme at the intervals for conducting such audits stated in the
notice of approval of the plan.
The purpose of the regular audit is to assess compliance with the approved
recycled water management plan and the conditions of the plan
262 Spot audits
Clause 262 provides for the regulator to arrange for a spot audit of a
recycled water management plan to be conducted in circumstances where
the regulator is satisfied or reasonably believes:
· there is, or has been non-compliance with a recycled water
management plan or
· the approved recycled water management plan is no longer
adequate.
However, if the purpose of the audit is because the plan is considered to be
no longer adequate, the regulator must give a show cause notice to the
recycled water provider for a single-entity scheme and the scheme manager
and each declared entity for a multiple-entity scheme and consider any
properly made submissions made in relation to the notice.
The spot audit may be prepared by the regulator or by a suitably qualified
person appointed by the regulator.
The regulator must give a copy of the audit report to the recycled water
provider for a single-entity scheme and the scheme manager for a
multiple-entity scheme within 30 days of the audit report being completed.
Depending on the findings of the audit report, the regulator may require an
inadequacy in the recycled water management plan to be rectified or that
the plan is properly carried out.
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263 Auditor's responsibility to inform regulator
Clause 263 provides that if, in conducting an audit about recycled water
management plan, an auditor forms a reasonable belief that a recycled
water provider for a single-entity recycled water scheme or scheme
manager or other declared entity for a multiple-entity scheme has not, or is
not complying with the plan for the scheme and the non-compliance poses
an imminent and serious adverse affect on public health, the auditor must
immediately give details of the facts and circumstances giving rise to the
belief to the regulator.
If the auditor gives notice to the regulator orally, the auditor must as soon
as practicable afterwards, give written notice of the details to the regulator.
264 Declarations about audit reports
Clause 264 provides that an audit report under the part must be
accompanied by a statutory declaration by the auditor. The provision also
sets out the matters the declaration must address.
265 Access for conduction audits
Clause 265 requires the relevant entity and any declared entities for a
recycled water scheme to give an auditor and any person employed or
authorised by the auditor free and uninterrupted access to infrastructure
forming part of the scheme and any records relating to the infrastructure.
266 Sections 266--269 not used
Clause 266 provides that clauses 266 to 269 are not used.
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Part 7 Reporting requirements and
annual reports
270 Notice of particular matter
Clause 270 applies if a recycled water provider, scheme manager or other
declared entity for a recycled water scheme (each a `responsible entity')
becomes aware of incidences where the recycled water produced under the
scheme does not meet the required water quality criteria relevant to the
scheme.
In the circumstances above, the responsible entity must, unless the entity
has a reasonable excuse, immediately give the regulator details of the
non-compliance with the water quality criteria and the circumstances
giving rise to it.
If the details of the non-compliance are given orally to the regulator, as
soon as practicable, the responsible entity must give written notice of the
details of the non-compliance to the regulator in the approved form.
The responsible entity must comply with obligation to notify the regulator
of the non-compliance despite the fact the notification may tend to
incriminate the entity. The clause provides that the information given to the
regulator or evidence derived from the information is not admissible in a
civil or criminal proceeding.
271 Annual reporting requirement
Clause 271 provides that the relevant entity for a recycled water scheme
must an annual report about the recycled water scheme for each financial
year after a recycled water management plan for the scheme has been
approved or an exemption granted.
The provision also states the particulars the annual report must state or
contain and states the time in which the annual report must be provided.
The report must also be prepared in accordance with guidelines, if any,
made by the regulator about preparing annual reports.
272 Sections 272--299 not used
Clause 272 provides that clauses 272 to 299 are not used.
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Part 8 Declaration of critical recycled
water schemes
300 Meaning of scheme manager for a recycled water scheme
Clause 300 provides for the meaning of scheme manager for a recycled
water scheme. There must be a scheme manager for all multiple-entity
schemes which are established through the declaration process under this
part. There is no requirement for a scheme manager for single-entity
schemes. For multiple-entity schemes, a scheme manager performs an
important role in the overall coordination and management of the scheme
and has particular responsibilities under the legislation. The role of the
scheme manager is to be a conduit between the multiple providers and
other declared entities and the regulator ensuring effective communication
among all parties and streamlining administration of a scheme.
The scheme manager is responsible for collating the scheme manager and
scheme provider plans comprising the recycled water management plan for
the scheme ready for submission to the regulator for approval. The scheme
manager must also arrange for periodic reviews and audits of the scheme
and submit any proposed amendments to recycled water management plan
for the scheme for approval. The scheme manager is also responsible for
preparing the annual report about the scheme.
The scheme manager is the entity that all recycled water providers and
declared entities of a critical scheme agree is the scheme manager and if
known at the time the scheme is declared, can be stated in the declaration
or, alternatively, if not known when the scheme is declared, the declared
entities must give the regulator a notice about who is the scheme manager
as soon as practicable after the scheme is declared under this part.
301 Making declaration
Clause 301 provides that the regulator may declare a recycled water
scheme to be a critical recycled water scheme if the regulator reasonably
believes the declaration is necessary:
· to maintain continuity of operation of the scheme to meet the
essential water supply needs of the community or industry
· to ensure the appropriate management of risks to public health
posed by the supply of recycled water under the scheme.
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A scheme may be declared under this part if either of the above criteria is
satisfied; however the main objective of declaring a scheme to be a critical
scheme is to ensure the continuity of operation of the scheme where the
community or major industry is heavily reliant on the supply of recycled
water. If necessary, the regulator has powers under clauses 530 and 535 to
`step-in' and operate infrastructure of a declared critical scheme to
continue the operation of the scheme.
The provisions also state the regulator must declare certain schemes that
meet prescribed criteria including, any scheme that proposes or supplies
recycled water to augment a supply of drinking water; any scheme that
proposes or supplies recycled water of least 500kL per day to premises by
way of a reticulation system used only for outdoor use, flushing toilets or
use in laundries (otherwise known as dual reticulation purposes); or any
scheme that proposes or supplies recycled water of at least 5ML per day for
use in electricity generation.
302 Regulator may seek advice about scheme manager
Clause 302 provides that the regulator before declaring a scheme to be a
critical scheme may ask the recycled water providers and other entities
proposed to be declared to be part of the scheme to give the regulator a
notice about who the providers and entities agree is the scheme manager
for the scheme.
303 Notice of regulator's intention to make declaration
Clause 303 provides that before declaring a recycled water scheme to be a
critical recycled water scheme, the regulator must give a notice of the
proposed declaration to all recycled water providers and other entities
proposed to be declared part of a scheme and consider all properly made
submissions.
However, the regulator is not required to give a notice if the recycled water
scheme is of a type that the regulator must declare to be a critical scheme
under the part.
The provisions also state the matters the notice of intention must contain,
including that submissions may be made to the regulator about the
proposed declaration within 30 days after receiving the notice.
If the notice is about a multiple-entity critical scheme and the scheme
manager for the scheme is not known when the notice is given, the notice
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may also state a recycled water provider or other entity may give the
regulator advice about who the provider or entity considers should be the
scheme manager for the scheme.
304 Notice of declaration
Clause 304 provides that if the regulator decides to declare the recycled
water scheme to be a critical recycled water scheme, the regulator must
give notice of the declaration to:
· if the scheme is a single-entity recycled water scheme--the
recycled water provider for the scheme
· if the scheme is a multiple-entity recycled water scheme--each
recycled water provider and other entity declared to be part of the
scheme.
The provisions also set out what the notice must state. If the scheme
manager is known at the time of declaration, the notice of declaration may
also state who the scheme manager is.
305 When declaration has effect
Clause 305 provides that the declaration has effect on the day the regulator
gives the notice of the declaration under the part.
306 Review of declaration on request
Clause 306 provides that a relevant entity may, at any time after one year
after the declaration of the scheme to be a critical recycled water scheme
takes effect, request the regulator to review the making of the declaration if
the relevant entity considers the scheme should not be a critical scheme.
The provisions state the request must be in writing and must state the
reasons that the relevant entity considers the scheme should not be a critical
recycled water scheme.
If after reviewing the declaration, the regulator decides the recycled water
scheme should continue to be a critical scheme, the regulator must give an
information notice for the decision.
If after reviewing the declaration, the regulator decides the recycled water
scheme should not continue to be a critical scheme, the regulator must give
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notice for the decision. In this case, the scheme stops being a critical
scheme on the day the notice is given.
If a declaration is reviewed under these provisions and the scheme remains
a critical recycled water scheme, the relevant entity for the scheme may not
request another review of the declaration for one year after the end of the
previous review.
307 Requirement to advise regulator about scheme manager
Clause 307 provides that if the scheme manager is not known at the time a
recycled water scheme is declared, the recycled water providers and other
entities declared to be part of the scheme, must as soon as practicable after
the declaration is made, give the regulator notice of who is the scheme
manager.
308 Sections 308--314 not used
Clause 308 provides that clauses 308 to 314 are not used.
Part 9 Dispute resolution process for
particular critical recycled water
schemes
Part 9 provides for establishing a dispute resolution process for the
resolution of certain types of disputes that may arise between scheme
managers, recycled water providers and other declared entities within
multiple-entity critical schemes. The dispute resolution process is limited
in application to critical schemes to ensure such schemes can continue to
operate to meet both water quality requirements and the supply of recycled
water that is essential for the community or industry.
315 Definitions for pt 9
Clause 315 provides definitions for part 9. Types of disputes that may
access the dispute resolution process and which are defined include an
`economic dispute' and a `non-economic dispute'.
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316 Application of pt 9
Clause 316 sets out the circumstances in which the dispute resolution
process under the part apply. The dispute resolution process applies for
disputes between parties (the scheme manager, recycled water provider or
other declared entity) of a multiple-entity critical recycled water scheme,
after a recycled water manager plan has been approved for the scheme.
Any party may instigate the dispute resolution process, if there is a dispute
between any or all of the parties to the scheme and a party to the dispute
reasonably believes:
· the dispute is unresolved and
· the dispute is likely to adversely affect public health or the
continuity of operation of the scheme unless it is resolved.
317 Dispute resolution process
Clause 317 provides that to resolve a dispute, the parties to the dispute
must follow the dispute resolution process prescribed under a regulation.
Subclause (2) sets out the matters a regulation may provide for.
318 Sections 318--329 not used
Clause 318 provides that clauses 318 to 329 are not used.
Part 10 Miscellaneous
330 Notice to local government
Local governments who are sewerage service providers have the power to
give a person a trade waste approval under the Act authorising the
discharge of trade waste into the local government's sewerage
infrastructure. Trade waste includes water-borne waste from business,
trade or manufacturing premises.
With the expansion of recycled water schemes and increased reliance on
sewage and effluent as a source of influent water, it may be necessary to
control or prohibit certain contaminants entering into the sewerage
collection system.
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Water Supply (Safety and Reliability) Bill 2008
Clause 330 provides that if the regulator considers the discharge of trade
waste into the sewerage infrastructure of a local government is likely to
adversely affect the quality of recycled water supplied, or proposed to be
supplied, under a recycled water scheme, the regulator may give a notice (a
`trade waste compliance notice') to a local government to prohibit the local
government giving a trade waste approval or state the conditions the local
government must impose on a trade waste approval for discharge of trade
waste into its sewerage infrastructure.
A local government who is given a notice must comply with the notice.
331 Report about compliance with notice
Clause 331 provides that the regulator may, by notice given to a local
government that is a sewerage service provider, require the local
government to give the regulator a report about the actions taken by the
local government to comply with a trade waste compliance notice.
332 Particular requirement about production or supply of
recycled water
Clause 332 provides that a recycled water provider must ensure that there
are persons engaged in the production and supply of recycled water by the
provider who have the qualifications or experience prescribed under a
regulation.
333 Sections 333--339 not used
Clause 333 provides that clauses 333 to 339 are not used.
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Chapter 4 Referable dams and flood
mitigation
Part 1 Referable dams
The Bill provides for what dams are referable and the process for making
that determination through a failure impact assessment. Referable dams
will be approved as development within the meaning of the Integrated
Planning Act.
Division 1 Preliminary
340 Definition for pt 1
Clause 340 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It provides for a specific definition for
water for this part. For the purposes of this part, water includes any other
liquid or a mixture that includes water or any other liquid or suspended solid.
341 What is a referable dam
Clause 341 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It defines a referable dam in relation to
a failure impact assessment rating. A dam is, or a proposed dam after its
construction will be, a referable dam if:
· a failure impact assessment is required to be carried out under this
part
· the assessment states that the dam has, or will have, a category
1 or category 2 failure impact rating
· the chief executive has, under clause 349, accepted the
assessment.
The meaning of a failure impact rating is further defined in clause 342.
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For the purposes of the Bill, a referable dam specifically excludes a dam or
proposed dam containing hazardous waste. Hazardous waste is defined in
this clause as waste resulting from the processing of minerals.
It is the intention of the Bill to capture only water storage dams, for
example, a water supply dam or a recreational dam containing water, and to
regulate such dams on the basis of population risk in the event of dam
failure. It is intended for dams containing hazardous waste to be regulated
by environmental licensing under the Environmental Protection Act. As a
consequence, conditions about the safety of the dam will be included in the
environmental authority regulating the dam.
In addition, a referable dam does not include a weir other than a weir that
has a variable flow control structure on the crest of the weir.
342 What is failure impact assessment
Clause 342 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It defines what is a meant by a failure
impact assessment and how it is to be carried out. A failure impact
assessment is an assessment about the safety of a dam, or proposed dam. It
is an assessment that has been certified by an independent registered
professional engineer in accordance with the prescribed failure impact
assessment guidelines prepared and issued by the chief executive. A
registered professional engineer is further defined in the dictionary
(schedule 3 of the Bill) by reference to the Professional Engineers Act
2002. The certification must include the engineer's name and registration.
The purpose of a failure impact assessment is to assess the risk to the
population in the event of the dam failing and determine an appropriate
failure impact rating.
Division 2 Failure impact assessing dams
343 When dam must be failure impact assessed
Clause 343 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It details when an owner of a proposed
dam must have the dam failure impact assessed. A failure impact
assessment must be carried out if the proposed dam, after its construction,
will be:
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· more than 8m high and have a storage capacity of more than
500ML
· more than 8m high and have a storage capacity of more than
250ML and a catchment area that is more than three times the
surface area of the dam at full supply level. At `full supply level'
means the level of the water surface when the reservoir is at
maximum operating level when not affected by flood.
In addition, the owner of an existing dam or a proposed dam may be given
a notice by the chief executive, requiring the owner to have the dam failure
impact assessed. The notice will state the reasonable time in which the
failure impact assessment must be completed and given to the chief
executive. The chief executive may give a notice requiring a failure impact
assessment only if the chief executive reasonably considers that the dam, or
the proposed dam after its construction, would be assessed with a category
1 or a category 2 failure impact rating. A change of circumstances, for
example, the encroachment of residences near an existing dam, may result
in the dam potentially posing a risk to life. In this case the chief executive
may require the dam owner to carry out a failure impact assessment. It is
noted that the owner of a dam in these circumstances is not given a right of
appeal against the chief executive's decision; however the owner of the
dam is subsequently not required to meet the cost of the failure impact
assessment in the event the assessment determines the dam is not referable
(refer to clause 348).
The provisions under the Bill are intended to capture only those dams that
pose a risk to population in the event of dam failure by requiring dams over
specified dimensions to be failure impact assessed. Therefore, the threshold
size and capacity dimensions stated are intended to avoid the owner of a
smaller structure being required to meet the cost of a failure impact
assessment when the dam is unlikely to pose any risk to population should
the dam fail.
344 Process for failure impact assessment
Clause 344 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides that a person proposing to construct a referable dam
must have completed a failure impact assessment and had it accepted by
the chief executive prior to commencing construction of the dam. Similarly,
if the chief executive gives an owner of an existing dam or a proposed dam
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notice requiring the owner to have the dam failure impact assessed, the
owner must have the assessment completed and given to the chief executive
within a reasonable time (that is, the time stated in the notice). Also, a
failure impact assessment must be accompanied by the prescribed fee.
345 Requirement for other failure impact assessments
Clause 345 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides for the requirement for other failure impact
assessments. Subject to the exceptions discussed below, a dam, or a
proposed dam, which is required to failure impact assessed must be
reassessed every five years and the failure impact assessment submitted to
the chief executive. Exceptions to this general rule include:
· where a dam is failure impact assessed and given a category 2
failure impact rating under its initial or last assessment. As it is
considered unlikely that such a referable dam would be
reassessed and be given a lower failure impact rating, the
referable dam does not need to be reassessed every five years.
Note however that this exception only applies to those referable
dams given a category 2 failure impact rating. This means that a
dam which is failure impact assessed as a category 1, or assessed
as not a category 1 or category 2, will still need to be failure
impact assessed every five years
· where a dam is required to be failure impact assessed by way of
notice given by the chief executive, and the dam is not failure
impact assessed as either a category 2 failure impact rating or not
given a failure impact rating.
346 Failure impact ratings for dams
Clause 346 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It defines the meaning of a failure
impact rating. A failure impact rating relates to the population at risk in the
event of failure of the dam. The meaning of `population at risk' is defined
in the clause and is determined in accordance with the principles outlined
in the failure impact assessment guidelines. The population at risk is
calculated by undertaking a dam break analysis using data collected about
the dam and its environs and default equivalent populations set out in the
guidelines. For example, while only one person may live in a dwelling
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downstream of a dam being assessed, the default equivalent population for
that household for the purposes of the dam break analysis may be 2.8
persons. Because the number of persons in a house may change over time
with changes in family size or ownership, the default population at risk is
calculated on the average number of persons per occupied dwelling in
Queensland (based on the latest census) rather than counting the number of
persons actually residing in the residence at the time of the assessment.
A category 1 failure impact rating means that the population at risk is two
or more persons, and not more than 100 persons. A category 2 failure
impact rating means that the population at risk is more than 100 persons.
347 Offences about failure impact assessments
Clause 347 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It provides for offences in relation to
the carrying out of a failure impact assessment. For example, it is an
offence for a person to certify a failure impact assessment if the person
knows the assessment contains false or misleading information.
348 Cost of failure impact assessment
Clause 348 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It states who is required to pay the cost
of a dam's failure impact assessment. This may be the owner of the dam or
the chief executive. The chief executive must pay the reasonable cost of
preparing and certifying the failure impact assessment only where the chief
executive requires an owner of a dam to carry out a failure impact
assessment and the dam is subsequently assessed as not being referable. In
all other cases, the owner of the dam must pay the cost of the assessment. It
is noted that the cost of preparing the assessment includes the cost of any
review of the assessment required under clause 351.
349 Decision about failure impact assessment
Clause 349 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It provides for how the chief executive
deals with a submitted failure impact assessment. The chief executive may
accept, reject or require a review of the assessment. However, the chief
executive may request information about the assessment from the owner in
order to help clarify whether the assessment requires review or rejection.
The chief executive may also require the owner of the dam to have certain
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information or reports prepared by a registered professional engineer as
part of the information request by the chief executive.
350 Notice accepting failure impact assessment
Clause 350 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It provides that if the chief executive
accepts the failure impact assessment, the chief executive must give notice
of the acceptance to the owner of the dam within 30 business days.
351 Reviewing failure impact assessment
Clause 351 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It provides for when the chief executive
may ask for a review of a failure impact assessment. It is not intended that
the role of the chief executive is to formally approve an assessment nor is it
intended that the chief executive must simply accept the assessment. The
chief executive may ask for a review where the chief executive considers an
assessment is incorrect or incomplete in a material particular or not
completed in accordance with the failure impact assessment guidelines
prepared by the chief executive.
A request for a review must be made within 30 business days of the chief
executive being satisfied that the assessment in incorrect, incomplete or not
in accordance with the failure impact assessment guidelines. If the chief
executive asks for a review, the chief executive must return the assessment
to the owner and give the owner of the dam an information notice requiring
a review of the assessment. In addition to the standard details in the
information notice, the chief executive must also ask that that the owner
has the assessment reviewed, corrected or completed and recertified. The
owner must then return the corrected or completed assessment to the chief
executive within the time stated in the notice. While the owner must
comply with the notice, they may appeal against the chief executive's
decision to request a review of the assessment.
352 Rejecting failure impact assessment
Clause 352 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It allows the chief executive to reject a
failure impact assessment. The chief executive may reject the assessment in
the first instance if the chief executive reasonably considers that the
assessment is incorrect or incomplete in a material particular or not
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completed in accordance with the failure impact assessment guidelines. If
the chief executive has requested a review of an assessment because it
required correction or completion, the chief executive may reject the
resubmitted assessment if it has not been corrected or completed or if the
chief executive is not satisfied that the resubmitted amended assessment
corrects or completes the matters of concern. The chief executive may also
reject a resubmitted assessment if it has not been completed in the failure
impact assessment guidelines.
If the chief executive rejects the assessment, the chief executive must give
an information notice to the owner of the dam within 30 business days. The
owner of the dam may appeal against the chief executive's decision to reject
the assessment. Where a failure impact assessment for an existing dam is
rejected, the person must prepare a further assessment in accordance with
the requirements of the information notice.
Division 3 Safety conditions for existing
referable dams
353 Applying safety conditions for existing referable dams
Clause 353 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It provides for how the chief executive
assesses a constructed referable dam to determine the conditions to be
imposed about the safety of the dam. This clause does not apply to the
construction of a new dam as this will be assessed under the Integrated
Planning Act as development being operational work. The framework
under the Bill separates the process for determining what is a referable
dam, through failure impact assessment; and the process for the approval of
the construction and operation of a dam, being development within the
meaning of the Integrated Planning Act.
While the Integrated Planning Act will provide the system for the approval
of a new referable dam, an existing referable dam is assessed under the
Bill. For these existing referable dams, the assessed conditions about the
safety of the referable dam are deemed to be a development permit,
including conditions, within the meaning of the Integrated Planning Act.
This allows the chief executive to utilise the offence and enforcement
provisions under the Integrated Planning Act in respect to conditions about
the safety of a referable dam assessed under the Bill.
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The chief executive has the power to apply safety conditions to an existing
referable dam. In doing so, the chief executive may request information
from the owner of a referable dam. The information may include, for
example, emergency action plans, dam operating procedures, dam
maintenance procedures, inspection and evaluation reports, dam data books
and dam safety review and design reports.
354 Deciding safety conditions
Clause 354 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides that after assessing the information, the chief
executive will determine the conditions which are to apply to the referable
dam. The chief executive must decide the safety conditions within 40
business days after receiving the requested information or any extended
time as agreed to by the owner of the referable dam. The safety conditions
must be relevant to, but not an unreasonable imposition on, the dam or
reasonably required for the dam. Similarly, the chief executive is to have
regard to any guidelines issued by the chief executive for applying safety
conditions to a referable dam when deciding safety conditions.
355 Process after deciding safety conditions
Clause 355 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides that the chief executive must give the owner of a
referable dam an information notice about the dam safety conditions. The
owner of the referable dam may appeal against the chief executive's
decision about safety conditions. The chief executive is also required to
give the relevant local government a copy of the safety conditions.
The decision, including the safety conditions, of the chief executive are
taken to be a development permit within the meaning of the Integrated
Planning Act. If a development permit has been previously given by some
other entity in relation to the dam, the dam safety conditions are taken to be
further conditions attaching to the existing development permit. If a
development permit has not been previously given by some other entity in
relation to the dam, the chief executive's decision, including the dam safety
conditions, is taken to be a development permit with attached dam safety
conditions
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356 Changing conditions
Clause 356 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It enables the chief executive to change
the safety conditions or development conditions of a referable dam. The
chief executive may change a safety/development condition where the
chief executive thinks it is necessary or desirable to make the change in the
interests of dam safety. This clause also makes provision for the chief
executive to request information from the dam owner, including requiring
the dam owner to have certain information or reports prepared by a
registered professional engineer.
If the chief executive decides to change the conditions, the chief executive
must give the owner of the referable dam an information notice about the
decision. The change of conditions has effect from the day stated in the
notice. When safety conditions relating to a referable dam are changed, the
chief executive must have regard to the guidelines (if any) issued by the
chief executive for applying safety conditions to a referable dam and
provide a copy of the revised conditions not only to the owner but also to
the local government for the area. This is desirable as the local government
will often be the assessment manager for the development.
In addition, it is noted that the chief executive's power to change conditions
includes the power to add conditions. The changed conditions are taken to
be conditions attaching to the development permit and the owner of the
dam may appeal against the chief executive's decision to change or add a
safety condition.
357 Reassessing dams
Clause 357 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It states that if a referable dam is
subsequently assessed as no longer being a referable dam within the
meaning of the Bill, any existing dam safety conditions no longer apply to
the dam. This may apply, for example, where a dam is required to be failure
impact assessed every five years and there has been a change of
circumstances leading to a change in the failure impact rating.
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Division 4 Emergency powers
358 Application of div 4
Clause 358 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It provides the chief executive with
certain powers and rights in specific circumstances. For example:
· where there is danger of the failure of a referable dam
· where there is danger of the failure of a dam for which no
failure impact assessment has been carried out and the chief
executive reasonably believes that the dam would have a
category 1 or 2 failure impact rating if an assessment were
carried out. This may occur, for example, where an owner of a
dam has failed to carry out a failure impact assessment. If the
assessment was in fact carried out, the dam may have had a
category 1 or 2 rating and therefore be referable
This clause only applies where the chief executive is satisfied there is
danger of failure of a dam and action is necessary to prevent or minimise
the impact of the failure.
359 Direction to owner of emergency part of land
Clause 359 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides the chief executive with the power to direct the owner
or operator of a referable dam, by way of written notice, to take stated
reasonable action within a stated reasonable time. It is an offence to fail to
comply with the notice.
In recognition that the land on which the dam is situated may be owned by
different owners and the emergency action required to be taken may only
affect part of the dam, the chief executive may give the emergency action
notice to the owner of the land where the action is to be carried out. The
chief executive may also give the notice to the operator.
For the purposes of this clause, the notice is taken to be a compliance
notice under the Bill but not a compliance notice which requires a show
cause notice being given to the person in the first instance. A show cause
notice would delay the effect of the notice and the carrying out of the
urgent remedial work. In addition, the notice has the effect that it runs with
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the land and binds the owner of the land, the owner's successors in title and
any occupier of the land. The notice is also taken to be a remedial action
notice under the Land Act. This has the effect that the stated action required
by the chief executive becomes a condition of the licence or lease under the
Land Act. In these circumstances, if the licensee or lessee fails to comply
with such a condition, the licence may be cancelled or the lease may be
forfeited under the Land Act. These measures go to ensuring that the urgent
remedial action is actually carried out.
360 Failure to comply with notice
Clause 360 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides that if a person fails to fully comply with a notice
given under clause 359 and the chief executive incurs an expense as a
result, then the chief executive may take action to recover costs. The chief
executive may give the owner a debt notice stating the action taken and the
amount of expenses incurred (that is, the relevant debt).
361 Notice in relation to land other than leased State land
Clause 361 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides that where emergency action is carried out by the
chief executive on land other than lease State land because the owner failed
to do so, the costs of carrying out the action is a debt and a charge on the
owner's land. This clause provides that the charge is to be registered as an
encumbrance on the land title.
362 Notice in relation to leased State land
Clause 362 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides that where emergency action is carried out by the
chief executive on State leased land, the costs of carrying out the action is a
debt which becomes a condition of the lease from the day the notice is
given. This clause provides that the debt is to be registered as an
encumbrance on the lease.
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363 Emergency powers if imminent danger of dam failure
Clause 363 is relocated from the Water Act to the Bill, as the Bill now
provides for dam safety regulation, and recast to align with current drafting
practices. It provides for the circumstance where there is imminent danger
and immediate action is required. Under these circumstances the chief
executive may give the emergency action notice verbally, for example, by
telephoning the owner or operator or by leaving the notice on the land. In
these circumstances only, it is also sufficient for the chief executive to give
the emergency action notice to an employee or agent of the owner or
operator. This is in recognition of the urgency in which the action must be
taken.
Division 5 General matters
364 Liability for loss or damage caused by failure of dam
Clause 364 is relocated from the Water Act to the Bill as the Bill now
provides for dam safety regulation. It states that nothing in the Bill affects a
referable dam owner's or operator's liability for any loss or damage caused
by the failure of, or escape of water from, a referable dam. This clause
essentially states the position at common law.
365 Sections 365--369 not used
Clause 365 provides that clauses 365 to 369 are not used.
Part 2 Flood mitigation
370 Owners of particular dams must prepare flood mitigation
manual
Clause 370 is relocated from the Water Act to the Bill as the Bill now
provides for flood mitigation regulation. It provides that the owner of
each dam nominated in a regulation under the Bill must prepare a flood
mitigation manual of operational procedures for flood mitigation for the
dam in accordance with the time nominated in the regulation. A dam
nominated in the regulation will be a dam which was constructed for the
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purpose of flood mitigation. A flood mitigation manual ensures that such
dams make controlled releases of water for flood mitigation purposes in
accordance with pre-agreed conditions.
371 Approving flood mitigation manual
Clause 371 is relocated from the Water Act to the Bill as the Bill now
provides for flood mitigation regulation. It states that the owner of a dam
nominated in a regulation must give the chief executive a copy of the flood
mitigation manual for the dam for the chief executive's approval. The chief
executive's approval may be notified in the gazette. The approval of a flood
mitigation manual is for a period of not more than five years and the chief
executive may obtain advice from an advisory council before approving the
manual.
372 Amending flood mitigation manual
Clause 372 is relocated from the Water Act to the Bill as the Bill now
provides for flood mitigation regulation. It provides that the chief executive
may ask the owner of a dam, by notice at any time, to amend the flood
mitigation manual of the dam. Where an owner complies with the chief
executives request, the chief executive must approve the amended manual
by notice in the gazette. The owner of a dam must comply with the chief
executive's request to amend the manual. The chief executive's approval of
the amended manual may be either for the balance of the approval period
before the amendment or for a period of not more than five years from the
date the manual was approved. The chief executive may obtain advice from
an advisory council before approving the amended manual.
373 Regular reviews of flood mitigation manual
Clause 373 is relocated from the Water Act to the Bill as the Bill now
provides for flood mitigation regulation. It provides that before a flood
mitigation manual for a dam expires, the owner must review, and if
necessary update, the manual and give a copy to the chief executive for
approval.
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374 Protection from liability for complying with flood mitigation
manual
Clause 374 is relocated from the Water Act to the Bill as the Bill now
provides for flood mitigation regulation. It provides that the chief executive
or a member of the council will not be civilly liable for an act done or
omission made honestly and without negligence under this division. It also
provides that an owner of a dam (which includes the operator of the dam,
or a director, employee or agent of the owner) who observes the operational
procedures contained in a flood mitigation manual approved by the chief
executive, will not be civilly liable for an act done or omission made
honestly and without negligence in observing the operational procedures.
In both cases, the liability attaches to the State instead.
375 Sections 375--399 not used
Clause 375 provides that clauses 375 to 399 are not used.
Chapter 5 Investigations and
enforcement matters
Part 1 Authorised officers
Division 1 Authorised officers' functions and
powers generally
400 Functions
Clause 400 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It sets out the functions and powers
of authorised officers. An authorised officer may collect information,
conduct investigations and inspections to monitor and enforce compliance
with the Bill or the Integrated Planning Act as far as that Act relates to a
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development condition. The reference to development conditions allows an
authorised officer to conduct investigations and monitor and enforce
compliance with respect to those development conditions imposed by the
chief executive as an assessment manager or referral agency.
401 Powers generally
Clause 401 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It sets out the powers of authorised
officers as those given under the Bill or another Act and are subject to the
direction of the appointer.
Division 2 Appointment of authorised officers
This division sets out provisions for the appointment and qualifications of
authorised officers.
402 Appointment and qualifications
Clause 402 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It
empowers the chief executive, and the regulator where applicable, to
appoint a person as an authorised officer if the person has the necessary
expertise and experience.
403 Appointment conditions and limit on powers
Clause 403 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It states that an authorised officer
only holds the position on the conditions and limitations stated in the
instrument of appointment. This provision is modelled on section 446 of
the Environmental Protection Act. A signed notice is defined in this clause
as a notice signed by the appointer.
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404 Issue of identity card
Clause 404 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It states
that an authorised officer must be issued an identity card and provides
details about the identity card.
405 Production or display of identity card
Clause 405 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that an authorised officer may only exercise powers if the officer first
produces an identity card to a person or has it displayed so that it is clearly
visible to the person.
If the authorised officer cannot produce or display their identity card prior
to, or while exercising, their power they must produce it at the first
reasonable opportunity.
406 When authorised officer ceases to hold office
Clause 406 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. The clause sets out the
circumstances when an authorised officer ceases to hold office.
407 Resignation
Clause 407 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It provides that an authorised
officer may resign from the appointment by submitting a signed notice of
resignation.
408 Return of identity card
Clause 408 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It details
the requirements for when an authorised officer's identity card must be
returned.
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Part 2 Powers of authorised officers
This division provides for where an authorised officer may enter land
without consent.
Division 1 Entry of places
409 Definition for pt 2
Clause 409 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It defines
land for this division to mean a parcel of land other than the part on which
there is erected a building or structure that is a dwelling place or being
used, at the relevant time, as a dwelling place. Authorised officers cannot
enter a dwelling place (for example, a house) without consent.
410 Power to enter land to monitor compliance
Clause 410 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It permits an authorised officer to enter land, at any reasonable
time to ascertain if the Integrated Planning Act is being complied with so
far as that Act relates to a development condition for example, development
conditions in relation to operational works for a referable dam. It also
permits an authorised officer to enter land to monitor compliance with an
approved drinking water quality or recycled water management plan,
including its conditions or approved exemption.
411 Power to enter land in relation to information collection
Clause 411 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It permits
an authorised officer to enter land for a range of matters in relation to
referable dam and failure impact assessments.
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412 Power to enter places for other purposes
Clause 412 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It permits
an authorised officer to enter a place for a purpose other than those detailed
in clauses 410 or 411, but only in the prescribed circumstances.
Under this clause, consent or a warrant is not required to enter a public
place or place of business during business hours. For the purpose of asking
for consent to enter, an authorised officer may enter the place without the
occupier's consent or a warrant.
Division 2 Procedure for entry
This division sets out the procedure for entry into a place and matters
pertaining to the issuing of warrants.
413 Entry with consent
Clause 413 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the procedure the authorised officer must follow when intending to enter a
place with consent. For example, the authorised officer must tell the
occupier the purpose of the entry.
414 Application for warrant
Clause 414 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the obligations of an authorised officer when making an application to a
magistrate for a warrant.
415 Issue of warrant
Clause 415 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It details
the circumstances and the requirements for the issue of a warrant. This is
consistent with provisions in the Vegetation Management Act and provides
reasonable flexibility in the scope of whom a warrant may be issued to.
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416 Application by electronic communication and duplicate
warrant
Clause 416 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It provides for circumstances where
an authorised officer may apply for a warrant by electronic communication,
for example, in urgent situations.
417 Defect in relation to a warrant
Clause 417 provides that a warrant, including a duplicate warrant, is not
invalidated by a defect in the warrant unless the defect affects the substance
of the warrant in a material particular.
418 Warrants--procedure before entry
Clause 418 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the obligations of an authorised officer who is named in a warrant and who
intends to enter a place under a warrant. This aims to safeguard a person's
privacy and ensures the person is given a clear explanation of the
authorised officer's powers under the warrant.
Division 3 Powers after entry
Division 3 sets out the powers of authorised officers after entering a place.
419 General powers after entering places
Clause 419 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the general powers of an authorised officer for monitoring or enforcing
compliance with the Bill after entering a place. This clause only applies if
consent is given to enter a place or entry is otherwise authorised.
420 Failure to help authorised officer
Clause 420 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It creates
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an offence where a person fails to give reasonable help to an authorised
officer.
421 Failure to give information
Clause 421 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It creates
an offence where a person fails to give requested information to an
authorised officer.
Part 3 Power to seize evidence
The accompanying clauses provide the Bill with a set of contemporary
seizure powers for authorised officers associated with investigation and
enforcement.
The provisions are modelled on sections 39 to 48 of the Vegetation
Management Act and are consistent with the approach adopted in the
Police Powers and Responsibilities Act 2000 - representing accepted
practice in seizing evidence and dealing with seized evidence.
422 Seizing evidence
Clause 422 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It specifies
when and on what grounds evidence may be seized.
423 Securing seized things
Clause 423 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It defines
what an authorised officer may do as part of seizing a thing. This includes
moving, leaving and restricting access to, or, if the thing is equipment,
making inoperable, the seized thing.
424 Tampering with seized things
Clause 424 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It makes it
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an offence for a person to tamper, or attempt to tamper with a seized thing
or something restricting access to the thing; or equipment which the
authorised officer has made inoperable; without an authorised officer's
approval.
425 Powers to support seizure
Clause 425 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It specifies
the requirements an authorised officer may make of a person who is in
control of a thing that is to be seized or a thing that has been seized; how
the authorised officer may make a requirement; and the effect of a failure of
a person to comply with such a requirement.
426 Receipts for seized things
Clause 426 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It requires
an authorised officer to issue a receipt for any seized thing and give the
receipt to the person from whom it was seized. However, if for some reason
this proves impractical, the authorised officer must leave the receipt at the
place of seizure in a conspicuous position and in a secure way.
427 Forfeiture by authorised officer
Clause 427 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It
establishes when a thing that has been seized is forfeited to the State.
428 Forfeiture on conviction
Clause 428 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It allows
the court to order that a thing seized under this part is forfeited to the State.
429 Dealing with forfeited things
Clause 429 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It
establishes that when a thing is forfeited, the thing becomes the property of
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the State and that the chief executive may destroy or dispose of the
forfeited thing.
430 Return of seized things
Clause 430 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It
establishes when seized things must be returned to their owners.
431 Access to seized things
Clause 431 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It requires
that, where it is not impractical, an authorised officer must allow the owner
of a seized thing to inspect it and, if the seized thing is a document, copy it.
Part 4 Power to require information
Part 4 sets out the powers of authorised officers in relation to obtaining
information.
432 Power to require name and address
Clause 432 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It allows
an authorised officer to require a person's name and address in
circumstances where the authorised officer reasonably believes an offence
has been recently committed and the person was involved in the
commission of an offence.
433 Failure to give name or address
Clause 433 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It creates
an offence where a person fails to provide a name and address to an
authorised officer without a reasonable excuse. However, if it is proved that
the person did not commit an offence against the Bill, they have not
committed an offence against this clause.
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434 Power to require information or documents
Clause 434 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It allows an authorised officer to
require a person to provide information or documents about stated matters.
An authorised officer may also copy the document and require the person
responsible for keeping the document to certify the copy. It is an offence if
a person fails to certify a copy of a document unless the person has a
reasonable excuse. It is also an offence to fail to produce the document or
required information without a reasonable excuse. A reasonable excuse
may be that the document production might tend to incriminate the person.
This clause is equivalent to provisions in the Vegetation Management Act
and similar to those in the Fair Trading Act.
Part 5 Particular enforcement
provisions relating to drinking
water and recycled water
435 Application of pt 5
Clause 435 sets out prescribed circumstances in relation to drinking water
and recycled water management under the Bill where the regulator may
exercise powers where urgent action is necessary to prevent or minimise
any adverse affect on public health.
436 Power about preventing or minimising adverse
affects--general
Clause 436 further provides for the instance where the regulator is satisfied
or reasonably believes that urgent action is necessary to prevent or
minimise any adverse affect on public health. In these circumstances, the
regulator may direct any person to take reasonable steps within a period,
take the reasonable steps or authorise an authorised officer to take the
reasonable steps to prevent or minimise the adverse affect on public health.
This direction may be given either orally or by a written notice. If the
direction is given orally, the regulator must, as soon as practicable, confirm
the direction by written notice. When the regulator gives the direction, the
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person must be warned that it is an offence not to comply with the direction
unless the person has a reasonable excuse.
437 Offence to fail to comply with direction
Clause 437 provides that it is an offence for a person not to comply with
the direction given under clause 436 unless the person has a reasonable
excuse. The maximum penalty for the offence is 1665 penalty units.
438 Particular powers of regulator or authorised officer
Clause 438 provides for particular powers of the regulator or authorised
officer acting under section 436. The regulator or authorised officer may,
without a warrant, enter any place, other than premises or part of premises
where a person resides, to take reasonable steps to prevent or minimise the
adverse affect on public health. When exercising these powers the regulator
or officer can exercise any powers of an authorised officer under part 2, 3 or
4. Clause 438 also provides that, before entering a place, an authorised
officer must make a reasonable attempt to show their identity card. The
regulator or authorised officer must also tell the occupier of the place that
they are permitted under the Act to enter and give the occupier an
opportunity to allow them to enter the place without using force.
439 How powers may be exercised
Clause 439 provides that the regulator or authorised officer may exercise
these emergency powers at the time, with help and using the force that is
necessary and reasonable in the circumstances. However, the regulator or
authorised officer must take all reasonable steps to ensure the exercise of
their powers causes as little inconvenience to any person at the place and
does as little damage as is practicable in the circumstances.
440 Regulator's powers not affected
Clause 440 provides that this division does not limit the power of the
regulator in other parts of the Bill.
441 Sections 441--449 not used
Clause 441 provides that clauses 441 to 449 are not used.
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Part 6 Other matters
450 Notice of damage
Clause 450 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the procedure an authorised officer must follow when damage is caused by
exercising a power under the Bill.
451 Compensation
Clause 451 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It states
that a person may claim compensation from the State if they incur loss or
expense as a result of an authorised officer's actions under part 2, divisions
1 or 3 and part 5.
452 Sections 452--459 not used
Clause 452 provides that clauses 452 to 459 are not used.
Part 7 Obtaining criminal history
reports
460 Purpose of pt 7
Clause 460 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It states
that the purpose of this part is to assist authorised officers in deciding
whether or not the unaccompanied entry of land or premises would create
an unacceptable risk to their safety.
461 Chief executive's power to obtain criminal history report
Clause 461 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It
authorises the chief executive to obtain advice from the commissioner of
the police service as to the criminal history of a person that the authorised
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person suspects may be at a place. The chief executive may pass on
information concerning violence or firearms offences to the authorised
officer. This information will assist the authorised officer in determining if
unaccompanied entry to a place is an unacceptable risk.
462 Criminal history is confidential document
Clause 462 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the criminal history report or any information in the criminal history
report is confidential, subject to certain qualification. The report and any
information it contains must be destroyed as soon as practicable after the
authorised officer considers the risk to their safety. Disclosure of the report
or any information in the report may incur a penalty.
Part 8 Show cause and compliance
notices
Division 1 Show cause notices
463 General requirements for show cause notices
Clause 463 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It outlines
the requirements for a show cause notice, for example, the notice must state
the proposed action, the grounds for taking the action and that submissions
may be made about the show cause notice.
464 Show cause notice must be given
Clause 464 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It makes it clear that a show cause notice must be given before
the regulator can give a service provider a compliance notice except where
a compliance notice is given to a drinking water service provider or
recycled water provider about drinking water or recycled water matters.
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This is in recognition of the need to protect public health when dealing
with drinking and recycled water matters.
Division 2 Compliance notices
465 Who may give compliance notice
Clause 465 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
for when the chief executive, regulator or authorised officer proposes to
give a compliance notice in relation to contravention of provisions of the
Bill. A compliance notice is a notice requiring the person to remedy the
contravention of the Bill. However, if the regulator has issued a show cause
notice, the regulator may only issue a compliance notice if, after
considering all representations made by the service provider about the
show cause notice within the time stated in the notice, the regulator still
believes it is appropriate to give the compliance notice.
466 Compliance notice
Clause 466 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the general requirements of a compliance notice and requires that the
person must comply with a compliance notice unless they have a
reasonable excuse.
467 Chief executive or regulator may take action and recover
costs
Clause 467 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the chief executive or the regulator may take the action required under
a compliance notice if the person to whom it was issued fails to do so.
Where the chief executive has issued a notice under clause 359 requiring
stated action in respect of a referable dam and there has been
non-compliance with the notice, the chief executive may, as an alternative
to carrying out the stated action, take any action necessary to prevent or
minimise the impact of the failure of the dam. For example, a delay in
complying with the required remedial action may lead to such a risk of
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failure of the dam that decommissioning or removal of the dam is
necessarily now required.
Any reasonable costs or expenses incurred by the chief executive or
regulator in taking action may be recovered by the chief executive or
regulator as a debt owing to it by the person who contravened the
compliance notice. This clause also provides for interest, at a rate stated in
the regulation, to be payable on a debt created under this clause and for the
chief executive or regulator to notify the person about the expenses
incurred.
468 Sections 468--474 not used
Clause 468 provides that clauses 468 to 474 are not used. See footnote at
the start of chapter 2.
Part 9 Enforcement proceedings
475 Starting proceeding for enforcement order
Clause 475 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It provides for a person bringing a proceeding in the District
Court for one or more of the orders listed. If the proceeding is for an order
to remedy or restrain the commission of an offence against the Bill, a
person may bring the proceeding whether or not any of their rights have
been, or may be, infringed by, or because of, the commission of the
offence. If the order is sought for an offence against the clauses listed in
subclause (2) the proceeding may only be brought by the person stated in
the relevant clause, for example, the regulator in relation to drinking water
and recycled water. Although only the regulator may start a proceeding for
an offence involving drinking water and recycled water offences, other
legal action that may be available to third parties is not excluded. The
broader public health related aspects of drinking water and recycled water
regulation are addressed under the Public Health Act. If a person other than
the chief executive brings an enforcement order proceeding, this clause
requires a notice of the proceeding to be given to the chief executive.
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476 Proceeding started in a representative capacity
Clause 476 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that a person may bring a proceeding for an enforcement order on their own
behalf or in a representative capacity. Consent must be obtained in order to
act in a representative capacity.
477 Starting proceeding for enforcement order without notice
Clause 477 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It allows a
person to bring a proceeding for an enforcement order without notice to the
other party. The District Court may, without limiting the court's equitable
jurisdiction, grant the order with conditions or for a limited period.
478 Making interim enforcement order
Clause 478 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that a District Court may make an interim enforcement order pending a
decision of the proceeding if the court considers it to be an appropriate
measure. The order may be subject to conditions including requiring the
applicant to give an undertaking to pay costs if the proceeding is
unsuccessful.
479 Making enforcement order
Clause 479 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the District Court may make enforcement orders if the court is satisfied
the offence has been committed or will be committed unless restrained. If
the court is satisfied there has been an offence, the court may make an
enforcement order even where there has been no prosecution for the
offence under this part. The court may also make an order for exemplary
damages with the exemplary amount to be paid to the consolidated fund.
480 Effect of enforcement order
Clause 480 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
for the matters an enforcement order may direct a person to do.
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481 Powers about enforcement orders
Clause 481 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
details for when the District Court may exercise its power to make an
enforcement order to stop or not to start an activity.
482 Parties to pay own costs for proceedings
Clause 482 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that each party to a proceeding under this part must pay their own costs,
subject to special circumstances where the court may order costs as it
considers appropriate. Subclause (2) confirms that in addition to any order
in respect of costs, the court may also make any order it decides
appropriate to compensate a party for loss or damage suffered as a result of
commencement of a proceeding that the court determines to have been
frivolous or vexatious or because the party has incurred costs as a result of
the other party defaulting in procedural requirements.
Chapter 6 Offences, evidentiary
matters and legal
proceedings
Part 1 General offences
483 False or misleading statements
Clause 483 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It creates
an offence for a person to make statements to the chief executive, regulator
or an authorised officer that the person knows to be false or misleading in a
material way.
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484 False or misleading documents
Clause 484 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It creates
an offence for a person to give the chief executive, regulator or an
authorised officer a document that the person knows is false or misleading
in a material way.
485 Obstructing an authorised officer
Clause 485 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It creates an offence for a person to
obstruct an authorised officer in the exercise of a power. In this clause,
obstruction includes to assault, hinder, threaten and attempt to obstruct.
486 Impersonation of an authorised officer
Clause 486 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It creates an offence for a person to
pretend to be an authorised officer.
487 Executive officers must ensure corporation complies with
Act
Clause 487 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that executive officers of a corporation must ensure the corporation
complies with the Bill. If a corporation commits an offence under the Bill,
then each of its executive officers also commits an offence for failing to
ensure the corporation complies with the provision. Evidence that a
corporation has been convicted of an offence is taken to be evidence that
each of the executive officers have committed this offence. An executive
officer is only considered not to have committed an offence if they can
prove that they exercised reasonable diligence to ensure the corporation
complied with the provision, or that they were not in a position to influence
the conduct of the corporation.
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Part 2 Evidentiary matters
488 Application of pt 2
Clause 488 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It states
that this part applies to a proceeding under the Bill.
489 Appearance
Clause 489 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that a party to a proceeding under the Bill (including an appeal, application
for an enforcement order or any other proceeding) may represent
themselves or be represented by a lawyer or an agent. This is modelled on
clause 4.1.13 of the Integrated Planning Act.
490 Appointments and authority
Clause 490 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that it is not necessary to prove the appointment or the authority of the chief
executive, the regulator or an authorised officer.
491 Evidentiary aids
Clause 491 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It specifies
that if a certificate that claims to be signed by (or on behalf of) the chief
executive or regulator contains any of the specified matters, such as
whether or not an authority was in force on a stated day, it is considered to
be evidence of the matter. This clause also specifies that a statement saying
when a complaint came to the knowledge of the complainant is evidence of
when the complainant became aware of the issue.
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Part 3 Proceedings for offences
492 Indictable and summary offences
Clause 492 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It provides that an offence against
the Bill is an indictable offence where the maximum penalty of
imprisonment is two or more years. This clause also distinguishes between
when an indictable offence is a crime or a misdemeanour and states the
maximum penalty that may be imposed on a summary conviction of an
indictable offence. These clauses have been modelled on the Government
Owned Corporations Act 1993.
493 Proceedings for indictable offences
Clause 493 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It sets out the proceedings for
indictable offences. The clause provides that a proceeding for an offence
against the Bill may be instituted in a summary way under the Justices Act
1886 or on indictment.
494 Limitation on who may summarily hear indictable offence
proceedings
Clause 494 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It provides limitations on who may
summarily hear indictable offence proceedings, for example, a magistrate
must hear proceedings for indictable offences that are summary
convictions. This clause also provides the maximum penalties that may be
imposed on the summary conviction of an indictable offence.
495 Limitation on time for starting proceeding for summary
offence
Clause 495 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It provides that the proceeding for a
summary offence against the Bill must be commenced within one year after
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the commission of the offence or within one year after the offence comes to
the complainant's knowledge. However, the proceeding must be
commenced within two years after the offence is committed.
496 Notice of proceedings for offences
Clause 496 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It ensures that the chief executive is
aware of proceedings being brought under this part by providing that a
person bringing a proceeding must notify the chief executive within five
business days of starting the proceeding.
497 Limitation on who may bring particular proceedings
Clause 497 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It provides for a range of proceedings that may be brought by
the Attorney-General, a service provider or the regulator for offences
against various section of the Bill.
498 Proceeding brought in a representative capacity
Clause 498 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It provides that, with the consent of
the entity, a proceeding under clause 497 may be started by a person on the
behalf of an entity in a representative capacity. However, if a person is
representing an entity that is an unincorporated body, the person must
obtain the consent of the body's committee or other controlling or
governing body. This clause also provides that if the proceeding is brought
in a representative capacity, the entity on whose behalf the proceeding is
brought may contribute to/pay the costs incurred by the person bringing the
proceeding.
499 Orders Magistrates Court may make in offence proceeding
Clause 499 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It outlines the orders that the
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Magistrates Court may make in an offence proceeding. Under this
clause, the Magistrates Court may make an order against the defendant after
hearing a complaint for an offence against the Bill. This clause also outlines
what an order may require of the defendant.
500 Offence to contravene Magistrates Court order
Clause 500 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It creates an offence for a
contravention of an order made by the Magistrates Court under clause 499.
Part 4 Miscellaneous provisions
501 Chief executive's and regulator's power to remedy stated
public nuisance
Clause 501 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It gives the chief executive and the
regulator power to undertake any work necessary to remove a stated public
nuisance which is a result of non-compliance with an order under clause
499. The chief executive may then recover the reasonable cost of the work
from the person against whom the order was made.
502 Responsibility for acts or omissions of representatives
Clause 502 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It states
that a person who nominated a representative to act on their behalf is
responsible for the actions/omissions of the representative. This
responsibility is limited to actions or omissions taken by the representative
that were made within the scope of their authority. In addition, a person is
not responsible for the actions or omissions of a representative if they can
prove that they could not have prevented the representative's
actions/omissions. This clause also defines the terms representative and
state of mind.
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503 Sections 503--509 not used
Clause 503 provides that clauses 503 to 509 are not used.
Chapter 7 Reviews, appeals and
arbitration
Part 1 Preliminary
510 Who is an interested person
Clause 510 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It defines
who is an interested person for the purposes of lodging an application for
review, appeal or arbitration of a decision under the Bill. An interested
person is any person who receives an information notice or a compliance
notice from the chief executive, the regulator, or an authorised officer or a
local government under the Bill. This clause also provides that the decision
or action for which the notice was given to the interested person is
considered to be an original decision.
Part 2 Review of decisions
511 Appeal process starts with review
Clause 511 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that every appeal against an original decision must first be made by way of
an application for a review. The purpose for this process is to enable
interested parties a cost-effective option for having a matter reconsidered
before referring it to the court or arbitration.
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512 Who may apply for review
Clause 512 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that an interested person may apply for a review of an original decision.
The review application can only be made to the person who made the
original decision. For example, where the notice was given by the chief
executive or an officer appointed by the chief executive, the application for
review must be made to the chief executive.
513 Requirements for making review application
Clause 513 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It sets out the requirements for
making a review application. A review application must be in the approved
form, accompanied by a statement of the grounds on which the applicant
seeks the review and contain enough information to enable the reviewer to
decide the application. A review application must be made within 30
business days of the notice about the decision being given to the applicant;
however, the reviewer has the power to extend this period at any time.
514 Review decision
Clause 514 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It sets out the procedure for the
reviewer to make a review decision. The reviewer must within 20 business
days after receiving a review application, review the original decision,
consider any properly made submissions and make a decision.
In following this procedure the reviewer has the option to extend the time
in which they must make their decision. However, the period cannot be
extended for more than 30 days and the reviewer must give notice to the
applicant about the extension within the original 20 day period. The clause
also states that the application must not be dealt with by the person who
made the original decision or a person in a less senior office than the person
who made the original decision
Clause 514 also provides that if the review decision confirms the original
decision then the original decision is taken to be the review decision. If the
review decision amends the original decision, for the purpose of arbitration
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or appeal the original decision as amended is taken to be the review
decision.
515 Notice of review decision
Clause 515 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices and include reference to drinking
water and recycled water regulation. It provides that the reviewer must
within 10 business days after making the review decision, give the
applicant and any person who was given notice of the original decision,
notice of the review decision. The clause also sets out that the review notice
must state certain particulars such the process the applicant may follow if
the review decision is not the decision sought. For example, the clause
specifies the court the applicant may appeal to and time period in which an
appeal must be commenced. If the reviewer does not give the review notice
within 10 business days the reviewer is taken to have made a decision
confirming the original decision.
516 Stay of operation of original decision
Clause 516 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that an applicant for a review of an original decision may apply to the
relevant court for a stay to delay the commencement or operation of the
original decision. This clause also outlines the relevant court to which an
applicant may apply to for stay of the original decision depending on the
type of original decision.
Part 3 Appeals
517 Who may appeal
Clause 517 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It provides that if an interested person has applied for a review
of an original decision, any interested person for that original decision may
appeal against the review decision to the relevant court.
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518 Starting an appeal
Clause 518 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the procedure for starting an appeal.
519 Stay of operation of review decision
Clause 519 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the court to which the appellant could have applied for a stay of an
original decision may grant a stay of the operation of a review decision
appealed against to secure the effectiveness of the appeal. The review
decision remains in place until the appeal is determined or the arbitration
determined or a stay granted.
520 Hearing procedures
Clause 520 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
for the appeal to be heard in accordance with the rules of the relevant court
to the appeal, or if the rules make no provision or insufficient provision, in
accordance with the directions of the judge. An appeal is by way of
rehearing, unaffected by the reviewer's decision.
521 Assessors
Clause 521 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that, if the judge or member is satisfied the appeal involves a question of
special knowledge and skill, the judge or member may appoint one or more
assessors to help the judge or member in deciding the appeal.
522 Powers of court on appeal
Clause 522 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the powers of the court on appeal.
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523 Appeal costs
Clause 523 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
the procedure for costs of an appeal.
Part 4 Arbitration
524 Who may apply for arbitration
Clause 524 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It provides that an interested person who applied for a review
decision and was dissatisfied with the decision may apply to the
Queensland Competition Authority for arbitration on the decision. The
application will be made by way of a dispute notice given to both the
authority and the regulator. The dispute notice must be given within 30
business days after the day the interested person receives notice of the
decision. Note that this clause does not apply to a review decision relating
to a matter involving drinking water or recycled water.
525 Acknowledging dispute notice
Clause 525 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that, on receiving the dispute notice, the Queensland Competition
Authority (the Authority) must give an acknowledgement notice to both the
interested person and the regulator.
526 Withdrawing dispute notice
Clause 526 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the interested person may withdraw the dispute notice at any time
before the Authority makes a determination on the dispute.
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527 Parties to arbitration
Clause 527 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It clarifies
that the parties to the arbitration are the interested person and the regulator.
528 Decision by authority
Clause 528 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It sets out
matters relating to the decision of the arbitration dispute by the Authority.
The Authority must make a written decision in arbitrating on a dispute, and
set out its reasons for making the decision. This clause also provides that
the Authority is not required to make a decision if it considers that the
giving of the dispute notice was vexatious, trivial, misconceived or lacking
in substance.
529 Conduct of arbitration
Clause 529 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that part 7 of the Queensland Competition Authority Act 1997 (Queensland
Competition Authority Act) applies to arbitration under the Bill which sets
out the process for the conduct of arbitration proceedings.
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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
Clause 530 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It provides the power for the Governor in Council to appoint an
administrator to operate infrastructure. The Governor in Council may
appoint an administrator (for example, the regulator or another person with
the necessary experience) if the Minister is satisfied that a service provider
has not complied with a compliance notice or is likely to stop supplying a
registered service and there is no other entity willing to take over the
operation of all or part of the service provider's infrastructure for the
service.
Clause 530 also provides the power for the Governor in Council to appoint
an administrator for a recycled water scheme. The Governor in Council
may appoint an administrator if the Minister is satisfied that a scheme
manager, recycled water provider or other declared entity for a critical
recycled water scheme (each a `responsibility entity') has not complied
with a compliance notice or has stopped, or is likely to stop supplying
recycled water.
The exercise of this power will be a measure of last resort to ensure
continuity of supply of services to customers. It is intended that the
appointment of the administrator will only be for an interim period until
another entity is able to take over the operations of the infrastructure.
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531 Effect of administrator operating infrastructure
Clause 531 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It outlines the effect of an administrator operating
infrastructure, for example, the administrator may do all things necessary
to ensure the infrastructure continues to operate. Under this clause, the
service provider or responsible entity is liable for the costs of operating,
repairing, replacing or improving the infrastructure; however the
administrator must pay the service provider or responsible entity any
income received from operation of the infrastructure.
532 Effect of appointment of administrator
Clause 532 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It outlines the effect of the appointment of an administrator on
the registration of a service provider. The registration of the service
provider is suspended from the day the notice appointing the administrator
is published in the gazette. The suspension continues until the appointment
of the administrator ends. For a recycled water scheme, the administrator is
taken to be the responsible entity for the administration period.
533 Withdrawing appointment of administrator
Clause 533 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the Governor in Council may withdraw an administrator's
authorisation by publishing a notice in the gazette.
Division 2 Emergency powers for operating
particular infrastructure
534 Regulator or other person may operate infrastructure for
drinking water--regulator's notice
Clause 534 applies if the regulator is satisfied or reasonably believes a
drinking water service provider has not complied with a compliance notice
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or has stopped or is likely to stop the drinking water service and
exceptional circumstances make it necessary for the regulator or a person
appointed by the regulator to operate the provider's infrastructure for the
service to protect public health.
In the circumstances, the regulator or another person appointed by the
regulator may `step-in' and operate the infrastructure of a drinking water
service provider by giving notice to the provider. The step-in period may
not be more than 30 business days; and may end sooner if an administrator
is appointed by the Governor in Council under clause 530.
535 Regulator or other person may operate infrastructure for
recycled water--regulator's notice
Clause 535 applies if the regulator is satisfied or reasonably believes a
scheme manager, recycled water provider or other declared entity for a
critical recycled water scheme (each a `responsible entity') has not
complied with a compliance notice or has stopped or is likely to stop
supplying recycled water under the scheme and exceptional circumstances
make it necessary for the regulator or a person appointed by the regulator to
operate the responsible entity's infrastructure for supplying recycled water
under the scheme to protect public health or to ensure the continuity of
operation of the scheme.
In the circumstances, the regulator or another person appointed by the
regulator may `step-in' and operate the infrastructure of a responsible
entity by giving notice to the entity. The step-in period may not be more
than 30 business days; and may end sooner if an administrator is appointed
by the Governor in Council under clause 530.
536 Effect of operating infrastructure
Clause 536 states the effect of clauses 534 and 535. If the regulator or
another person operates a drinking water service provider's or responsible
entity's infrastructure under clauses 534 and 535 respectively, the regulator
or other person is taken to be the service provider or responsible entity and
may do all things necessary or convenient to ensure the effective operation
of the infrastructure. In addition, the drinking water service provider or
responsible entity is liable for the costs of operating, repairing, replacing or
improving the infrastructure. The regulator or other person must pay the
service provider or responsible entity any income received from operating
the infrastructure, less all costs as stated above.
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Division 3 Other matter
537 Corporations legislation displacement provision
Clause 537 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that provisions of the Bill allowing the appointment of an administrator to
take over from a service provider or recycled water provider prevail over
any Commonwealth Corporations law provisions that deal with
administrators. The Commonwealth Corporations law allows for this type
of displacement provision.
538 Sections 538--559 not used
Clause 538 provides that clauses 538 to 559 are not used.
Part 2 Relationship with Planning Act
This part deals with the relationship between the Bill and the Integrated
Planning Act. In particular, this part directs the considerations of the chief
executive, in the role of either the assessment manager or a referral agency,
for a development application under the Integrated Planning Act, for the
assessment and approval processes for dam safety aspects of the
construction and operation of a referable dam.
560 Codes for Planning Act
Clause 560 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It enables a
regulation to state a code that may be used to assess applications made
under the Integrated Planning Act.
561 Development applications for referable dams
Clause 561 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It applies if a person makes a
development application for the construction and maintenance of a
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referable dam or for increasing the storage capacity of a referable dam. An
accepted failure impact assessment by the chief executive and the chief
executive's consent to the application are necessary pre-requisites for a
valid application for the construction and operation of a referable dam.
The chief executive must assess a relevant development application against
the purposes of the Bill to the extent the purposes relate to a referable dam.
Subclause (4) makes it clear that the consideration specified in the
Integrated Planning Act for consideration of an application by an
assessment manager or concurrence agency are not limited by the criteria
in the Bill.
562 When applicant may appeal to Land Court
Clause 562 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
for when an appeal may be made to the Land Court rather than the
Planning Environment Court in relation to certain development
applications. This is to facilitate a more streamlined appeal process for
those mining activities that also require a development approval in relation
to assessable development that involves the chief executive as a referral
agency or assessment manager. In these circumstances, an appeal in
relation to both the mining authority under the Mineral Resources Act 1989
and any assessable development referred to in item 4 of schedule 8, part 1,
table 4 of the Integrated Planning Act, relating to a referable dam where the
chief executive is the assessment manager or referral agency will be heard
in the Land Court.
563 Sections 563--569 not used
Clause 563 provides that clauses 563 to 569 are not used.
Part 3 Other miscellaneous provisions
570 Advisory councils
Clause 570 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the Minister may appoint advisory councils, as appropriate, to facilitate
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Water Supply (Safety and Reliability) Bill 2008
the administration of the Bill. A member of an advisory council may be
paid as decided by the Governor in Council and the chief executive may
make technical, clerical, secretarial or other help available to an advisory
council where it is considered necessary for the performance of its
functions.
571 Regulator may make guidelines
Clause 571 lists the matters that the regulator may make guidelines about.
For example, the regulator may make guidelines about the preparation of
drinking water quality management and recycled water management plans
to assist persons preparing those plans. If the regulator makes guidelines
about the quality of drinking water or recycled water, it cannot be
inconsistent with any standards prescribed in a regulation made under the
Public Health Act. The regulator will apply relevant water quality criteria,
from either a regulator guidelines or Public Health Regulation, when
assessing a drinking water quality or recycled water management plan.
This clause makes it clear the regulator guidelines cannot be inconsistent
with any Public Health Regulation.
572 Chief executive may make guidelines
Clause 572 lists the matters that the chief executive may make guidelines
about. For example, the chief executive may make guidelines to about the
application of safety conditions to a referable dam.
573 Water service provide may make guidelines
Clause 573 enables a water service provider to make guidelines to assist
persons when preparing a water efficiency management plan.
574 Documents regulator and chief executive must keep
available for inspection and purchase
Clause 574 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It outlines particular documents
that the regulator and chief executive the must keep a copy of and make
available for inspection and purchase by the public.
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575 Documents service provider must keep available for
inspection and purchase
Clause 575 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and recast
to align with current drafting practices. It outlines documents that the
service provider must keep available for inspection and purchase by the
public.
576 Documents recycled water provider must keep available for
inspection and purchase
Clause 576 outlines the documents that a recycled water provider must
keep available for inspections and purchase by the public.
577 Records to be kept in registries
Clause 577 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that if the chief executive gives a notice to the owner or operator of a dam,
a notice must also be given to the registrar of titles, who must record the
notice. The notice is to be kept in the registry until the chief executive
advises the registrar of titles that the notice has been complied with or is no
longer required.
578 Protecting officials from liability
Clause 578 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It outlines
the protection of officials from liability. Under this clause, an official is not
civilly liable for an act or omission made honestly and without negligence.
However, if this clause prevents civil liability attaching to an official, the
liability attaches to the State. An official for this section is the Minister, the
chief executive, the regulator, an authorised officer, a member of the
advisory council, or a person acting under direction of an official, other
than a member of an advisory council.
579 Regulator may share particular information
Clause 579 allows the regulator to give information about drinking water
service providers, recycled water providers and the services they provide to
the chief executive of the department that administers the Public Health
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Act. This will provide the department administering the Public Health Act
with the information necessary to ensure the protection of public health
under the Public Health Act. The State is responsible for public health risks
associated with drinking water and recycled water, as regulated under the
Bill.
580 Non-disclosure of commercially sensitive information
Clause 580 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It governs the use of commercially sensitive information
provided under relevant clauses of the Bill.
The person providing the information must advise that they consider it to
be of a commercially sensitive nature for this clause to apply. This clause
does not apply where the regulator, chief executive or Minister consider it
is in the public interest to release the information, or where they do not
believe that the information is of a commercially sensitive nature. This
provision is subject to the requirements of the Freedom of Information Act
1992 and requires the regulator, chief executive or Minister to take all
reasonable steps to ensure the information provided is not disclosed to
another person.
581 Delegation by Minister
Clause 581 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the Minister may delegate his or her powers conferred by the Bill to an
appropriately qualified public service officer or employee.
582 Delegation by chief executive
Clause 582 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the chief executive may delegate his or her powers conferred by the
Bill to an appropriately qualified public service officer or employee.
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583 Fees and charges payable to the chief executive and
regulator
Clause 583 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the chief executive may recover fees and charges payable under a
regulation made under the Bill. Outstanding fees and charges are a debt
payable to the State and may incur late fees prescribed in the regulation.
This clause also allows the Minister to waive fees or charges where a
person is suffering hardship as a result of economic recession or a natural
disaster, such as a drought.
584 Non-payment of fees or charges
Clause 584 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
for the non payment of fees and charges. Under this clause, the chief
executive may provide a written notice to a person who is liable to pay a fee
or charge overdue by 20 business days, outlining arrangements for the
payment to be made.
585 Approved forms
Clause 585 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill. It provides
that the chief executive and the regulator may approve forms for use under
the Bill.
586 Regulation-making power
Clause 586 is equivalent to the existing provision of the Water Act and is
carried over to support the regulatory framework under the Bill and
changed to include reference to drinking water and recycled water
regulation. It provides that the Governor in Council may make regulations
under the Bill. Without limiting the scope of the subject material for
regulations, the clause details matters a regulation may be made about. For
example, a regulation may state minimum standards for the design and
construction of water and sewerage infrastructure.
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Chapter 9 Transitional and savings
Provisions
Part 1 Purposes, definitions and
general approach
587 main purposes of ch 9
Clause 587 states that the main purposes of chapter 9 are to:
· provide for provisions of the Bill that are substantially the same
as provisions of the Water Act to be dealt with as replacements of
the provisions of that Act. For example, the relocation of chapter
3 of the Water Act to the Bill
· provide that matters relating to chapter 3 of the Water Act that
were dealt with under the Water Act can be dealt with under the
Bill. For example, continuation of decisions made under chapter
3 of the Water Act continue under the Bill.
· provide for matters that were not dealt with in the Water Act that
are dealt with under the Bill. For example, transitional
arrangements in relation to the new drinking water and recycled
water regulatory frameworks under the Bill.
588 Definitions for ch 9
Clause 588 provides a number of definitions for chapter 9.
589 Authorised actions and documents etc. under previous
provision
Clause 589 provides for authorised actions or documents, obligations and
protections under the Water Act to continue or to have effect according to
their terms and to be taken to have been done, made, kept or applied under
the corresponding provision of the Bill.
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590 Things continued in force under Water Act
Clause 590 provides for things in force under the Water Act to continue
under the Bill.
591 Terminology in things mentioned in s 589(1)
Clause 591 provides that a reference in a document to a thing under the
Water Act is to be read with any necessary changes as if the reference were
to a thing done, made or kept under the Bill.
592 Period stated in previous provision
Clause 592 provides, if there is a stated period for doing things under the
Water Act and the time for doing things started before commencement, the
period continues to have started from when the period started under the
previous provision and, if the corresponding provision under the Bill states
a different period, for the period stated in the previous provision to prevail.
593 Period or date stated in document given under previous
provision
Clause 593 provides, as for clause 592 (Period stated in previous
provision), in relation to times stated in documents made under previous
provisions that state a period for doing things.
594 Act or omission happening before commencement may be
relevant to proceeding for particular acts or omissions
Clause 594 provides for acts and omissions before commencement to be
able to be taken into account.
595 Acts Interpretation Act 1954, s 20 not limited
Clause 595 provides that the chapter does not limit section 20 of the Acts
Interpretation Act 1952.
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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
Clause 596 provides, in relation to chapter 2, for examples of actions or
documents for clause 589 in relation to matters dealt with under the Water
Act.
597 Examples for ch 2 of obligations under s 589
Clause 597 provides, in relation to chapter 2, for examples of obligations
for clause 589 in relation to matters dealt with under the Water Act.
598 examples for ch 2 of protections under s 589
Clause 598 provides, in relation to chapter 2, for examples of protections
for clause 589 in relation to matters dealt with under the Water Act.
Subdivision 2 Service providers and service
provider obligations
599 Existing service providers
Clause 599 provides for a service provider registered under the Water Act
to be taken to be a service provider under the Bill.
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600 Water efficiency management plans
Clause 600 provides that a water efficiency management plan approved
under the Water Act is taken to be a water efficiency management plan
approved under the Bill. This includes plans that may be taken to be water
efficiency management plans under section 1155 of the Water Act.
601 Approved strategic asset management plans
Clause 601 provides that a strategic asset management plan approved
under the Water Act is taken to be a strategic management plan approved
under the Bill.
602 Approved system leakage management plans
Clause 602 provides that a system leakage management plan approved
under the Water Act is taken to be an approved system leakage
management plan under the Bill. Similarly, an exemption from preparing a
system leakage management plan granted under the Water Act is taken to
be an exemption under the Bill and continues for the balance of the period
for which it was granted.
Clause 602 also provides for the continuing operation of section 1136F of
the Water Act in relation to the obligation to submit a system leakage
management plan to the regulator for approval within the relevant
timeframe.
603 Audit reports
Clause 603 provides that an audit report given under the Water Act is taken
to be an audit report given under the Bill.
604 Customer service standard
Clause 604 provides that a customer service standard prepared under the
Water Act is taken to be a customer service standard prepared under the
Bill.
605 Drought management plan
Clause 605 provides that a drought management plan registered under the
Water Act is taken to be a registered drought management plan under the
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Bill. Similarly, an exemption from preparing a drought management plan
granted under the Water Act is taken to be an exemption under the Bill.
606 Application of provision about guidelines for rate notice or
account for water supply
Clause 606 provides for the transitional arrangements for the application of
provisions regarding guidelines for rate notices or accounts for water
supply. Under this clause section 1153 of the Water Act (which sets out the
timeframes for compliance with the guidelines for rate notice of account
for water supply) continues to apply under the Bill.
607 Application of provision about water advices
Clause 607 provides for the transitional arrangements for the application of
provisions about water advices. Under this clause section 1154 of the Water
Act continues to apply under the Bill.
608 Service areas
Clause 608 provides that local government areas or parts of local
government areas that were service areas under the Water Act are taken to
be service areas under the Bill. Similarly, the service provider for the
service area under the Water Act remains the service provider for the
service area under the Bill. Clause 608 also provides that section 1064 of
the Water Act continues to apply under the Bill.
609 Existing trade waste approvals
Clause 609 provides that a trade waste approval given under the Water Act
is taken to be a trade waste approval given under the Bill.
Subdivision 3 Referable dams and flood mitigation
610 Examples for ch 4 of things under s 589
Clause 610 provides, in relation to chapter 4, for examples of actions or
documents for clause 589 in relation to matters dealt with under the Water
Act.
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611 Referable dams and failure impact assessment
Clause 611 provides that a dam was a referable dam under the Water Act, is
taken to be a referable dam under the Bill. Similarly, a failure impact
assessment completed under the Water Act is taken to be a failure impact
assessment completed under the Bill.
612 Hazardous dams
Clause 612 provides that sections 1065(3)(c) and 1065AA of the Water Act
continue to apply to hazardous dams under the Bill.
613 Approved flood mitigation manuals
Clause 613 provides that flood mitigation manuals approved under the
Water Act are taken to be flood mitigation manuals approved under the Bill
and continue for the balance of the period for which they were approved.
Division 2 Transitional provisions relating to the
Water Act, chapter 5
614 Examples for ch 5 of things under s 589
Clause 614 provides, in relation to chapter 5, for examples of actions or
documents for clause 589 in relation to matters dealt with under the Water
Act.
Division 3 Transitional provisions relating to the
Water Act, chapter 6
615 Examples for ch 7 of things under s 589
Clause 615 provides, in relation to chapter 7, for examples of actions or
documents for clause 589 in relation to matters dealt with under the Water
Act.
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Division 4 Transitional provisions relating to the
Water Act, chapter 7
616 Examples for ch 6 of things under s 589
Clause 616 provides, in relation to chapter 6, for examples of actions or
documents for clause 589 in relation to matters dealt with under the Water
Act.
Division 5 Transitional provisions relating to the
Water Act, chapter 8
617 Examples for ch 8 of things under s 589
Clause 617 provides, in relation to chapter 8, for examples of actions or
documents for clause 589 in relation to matters dealt with under the Water
Act.
Division 6 Transitional provisions relating to the
Water Act--general matters
618 Existing applications
Clause 618 provides, in relation to an application made under the Water
Act but not decided on commencement, that the application be decided
under the Bill.
619 Existing exemptions
Clause 619 provides that an exemption under the Water Act is taken to be
an exemption under the Bill.
620 Existing authorised officers
Clause 620 provides that an authorised officer appointed under the Water
Act is taken to be an authorised officer appointed under the Bill.
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621 Guidelines
Clause 621 provides for a guidelines issued under the Water Act to be
taken to be a guideline made under the Bill.
622 Internal review
Clause 622 provides that an application for internal review made under the
Water Act and before commencement continues under the Water Act.
Similarly, a person's right to internal review under the Water Act continues
under the Water Act.
623 Appeals
Clause 623 provides that an appeal made under the Water Act and not
decided before commencement continues under the Water Act. Similarly, a
person's right to an appeal continues under the Water Act.
624 Arbitration
Clause 624 provides that arbitration applied for under the Water Act and
not finished before commencement continues under the Water Act.
Similarly, a person's right to apply for arbitration continues under the
Water Act.
625 Legal proceedings
Clause 625 provides that legal proceedings that could have been started or
continued under the Water Act may still be started or continued under the
Water Act.
626 References in Acts and documents
Clause 626 enables a reference to the Water Act, Water Resources Act
1989, Water Act 1926 or the Rights in Water and Water Conservation and
Utilization Act 1910 to be taken to be a reference to the Bill.
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Part 3 Transitional provisions about
outdoor water use conservation
plans
627 Application of provision about outdoor water use
conservation plan
Clause 627 is a transitional provision for the application of section 133
(Water service provider to have outdoor water use conservation plan).
Part 4 Transitional provisions about
drinking water
The provisions provide a staged approach to apply the requirements of
chapter 2, part 4, division 3 of the Bill to existing drinking water service
providers by:
· prescribing when drinking water quality management plans must
be approved
· prior to having an approved plan, providing for a period of
mandatory monitoring and reporting of water quality to be
undertaken.
628 Application of particular provision
Clause 628 provides that existing drinking water service providers must
have an approved drinking water quality management plan as follows:
· by 1 July 2011, for a large drinking water service provider
· by 1 July 2012, for a medium drinking water service provider
· by 1 July 2013, for a small drinking water service provider.
In this clause a large drinking water service provider is a drinking water
service provider carrying out a drinking water service that is the treatment
or transmission of water for supply as drinking water or a drinking water
service that is the reticulation of water for supply as a drinking water
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service (which could also be a retail water service) being a service provider
with more than 25000 connections to a registered service.
In this clause a medium drinking water service provider is a drinking water
service provider carrying out a drinking water service that is the
reticulation of water for supply as a drinking water service (which could
also be a retail water service) being a service provider with more than 1000
but not more than 25000 connections to a registered service.
In this clause a small drinking water service provider is a drinking water
service provider carrying out a drinking water service that is the
reticulation of water for supply as a drinking water service (which could
also be a retail water service) being a service provider with 1000 or less
connections to a registered service.
Subclauses (4) and (5) provide some exceptions to these provisions. A new
drinking water service provider, that is, a water service provider that
commences supply of a drinking water service after 1 July 2008, has one
year to have an approved plan. A drinking water service provider that is a
water storage owner into which is supplied recycled water for the purpose
of augmenting drinking water supply, must have an approved plan in place
before the supply of recycled water. In addition, a drinking water service
provider who sources water from the about water storage or is supplied
water from the water storage for a drinking water service, must also have
an approved plan in place before the supply of recycled water.
629 Notice requiring entity to have approved drinking water
quality management plan
Clause 629 provides that if the regulator is satisfied or reasonably believes
that the continued operation of the drinking water provider's drinking water
service may have an adverse affect on public health, the regulator may give
a notice to the provider to prepare a drinking water quality management
plan and submit it for approval at a time earlier than that stated in clause
628.
630 Provision about water quality monitoring and reporting
Clause 630 provides for a period of mandatory monitoring and reporting to
be undertaken by drinking water service providers prior to the requirement
to have an approved drinking water quality management plan. This
commences after 1 January 2009. The regulator, by notice, may require the
drinking water service provider to carry out monitoring of the quality of
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water, provide reports to the regulator about the results of monitoring and
give the regulator other reports also about the operation of the drinking
water service, including reports about the quality of water supplied to the
provider's drinking water service. This separate monitoring will only apply
until the provider has a drinking water quality management plan.
Part 5 Transitional provisions about
recycled water
631 Application of particular provisions--existing schemes
Clause 631 applies to a recycled water scheme supplying recycled water
before 1 July 2008 (an existing scheme) if recycled water is supplied:
· to premises by way of a reticulation system used only to provide
recycled water for use in flushing toilets, laundries or outdoor
use (dual reticulation purposes)
· for use in irrigating minimally processed food crops.
A recycled water scheme stated above is not required to have an approved
recycled water management plan or an exemption (from having a plan) or
comply with clause 270 (Notice of particular matter) until 1 July 2009,
unless the regulator states an earlier date under a notice under clause 634
(Notice requiring entity to have approved drinking water quality
management plan).
632 Application of particular provisions--schemes supplying
recycled water for particular purposes
Clause 632 applies to a recycled water scheme supplying recycled water
for the first time on or after 1 July 2008, if recycled water is supplied:
· to premises by way of a reticulation system used only to provide
recycled water for use in flushing toilets, laundries or outdoor
use (dual reticulation purposes)
· for use in irrigating minimally processed food crops.
If under the recycled water scheme, recycled water is supplied for the first
time, on or after 1 July 2008 and before 31 December 2008, the scheme is
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not required to have an approved recycled water management plan or an
exemption or comply with clause 270 (Notice of particular matter) until 6
months after the day recycled water is first supplied under the scheme,
unless the regulator states an earlier date under a notice under clause 634
(Notice requiring entity to have approved drinking water quality
management plan).
If under the recycled water scheme, recycled water is supplied for the first
time, on or after 31 December 2008 and before 1 July 2009, the scheme is
not required to comply with clause 270 (Notice of particular matter) until 1
July 2009 and must have an approved recycled water management plan or
an exemption by 1 July 2009, unless the regulator states and earlier date
under a notice under clause 634 (Notice requiring entity to have approved
drinking water quality management plan).
633 Application of particular provisions--other schemes
Clause 633 applies to any recycled water scheme other than:
· a scheme mentioned in clauses 631 or 632 (that is, existing or
new schemes supplying for dual reticulation purposes or to
irrigate minimally processed food crops)
· a scheme under which recycled water is supplied to augment a
supply of drinking water
· a scheme under which greywater is supplied.
A recycled water scheme that supplies recycled water to augment a supply
of drinking water, or a scheme that supplies greywater, must have an
approved recycled water management plan before the scheme commences
to supply the recycled water.
If, under a recycled water scheme to which this provision applies, recycled
water is supplied before 1 July 2008, the scheme is not required to have an
approved recycled water management plan or an exemption or comply with
clause 270 (Notice of particular matter) until 1 July 2013, unless the
regulator states an earlier date under a notice under clause 634 (Notice
requiring entity to have approved drinking water quality management
plan).
If, under a recycled water scheme to which this provision applies, recycled
water is supplied for the first time, on or after 1 July 2008, the scheme is
not required to have an approved recycled water management plan or an
exemption or comply with clause 270 (Notice of particular matter) until
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one year after the day recycled water is first supplied under the scheme,
unless the regulator states and earlier date under a notice under clause 634
(Notice requiring entity to have approved drinking water quality
management plan).
634 Notice requiring entity to have approved plan
Clause 634 provides a power for the regulator to give a notice about a
recycled water scheme that under the transitional provisions (clauses 631 to
633) is not required to have a recycled water management plan or an
exemption for a specified period. The notice may state a reasonable earlier
date for having an approved recycled water management plan for the
scheme.
The regulator may only exercise the power to give a notice if:
· the scheme becomes a critical recycled water scheme or
· the regulator is satisfied, or reasonable believes the continued
operation of the scheme is likely to pose a risk to public health.
Part 6 Regulation-making power for
transitional purposes
635 Transitional regulation-making power
Clause 635 provides for a transitional regulation-making power to make
provisions of a saving or transitional nature for any matters for which the
Bill does not make sufficient provision to achieve a change from the
operation of a previous law. A transitional regulation may have
retrospective operation to a day not earlier than the commencement of the
section. This section expires after one year.
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Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of Other Acts
Part 1 Amendment of Plumbing and
Drainage Act 2002
This part makes amendments to various provisions of the Plumbing and
Drainage Act to allow for changes to the regulation of greywater treatment
facilities. The amendments are consequential to the Bill and:
· reflect the moving of provisions from chapter 3 of the Water Act
to the Bill
· permit use of greywater (other than kitchen greywater) for
greywater treatment plants with capacity to treat 50kL or more
per day. Currently the Plumbing and Drainage Act allows for
installation of greywater treatment plants where the premises
generate less than 50kL per day. Powers are also devolved to
local governments for these plants including concurrence powers
to approve installation and to apply conditions. The Plumbing
and Drainage Act does not currently allow for compliance
permits (for installation and testing in situ) to be given for
premises which generate 50kL or more of greywater per day (that
is, premises generating greywater of 50kL or more per day are
not allowed to install a greywater treatment plant). Under the
amendments
· regulation of greywater will now be based on the capacity of
the greywater treatment plant rather than what is generated
from premises
· a greywater treatment plant with capacity to treat less than
50kL per day, will continue to be regulated under the
Plumbing and Drainage Act, whether or not one or more
treatment plants are interconnected in any way.
· a greywater treatment plant with capacity to treat 50kL per
day and above, currently not regulated under the Plumbing
and Drainage Act, will be regulated under the Bill. The Bill
will only regulate a single greywater treatment plant of that
size or greater. For the purposes of the amendments such
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Water Supply (Safety and Reliability) Bill 2008
treatment plants are defined as large greywater treatment
plants.
· regardless of the volume of greywater generated, the local
government will have concurrence powers.
636 Act amended in pt 1
Clause 636 states that this part amends the Plumbing and Drainage Act.
637 Amendment of s 85 (Process for assessing plans)
Clause 637 amends section 85(8) of the Plumbing and Drainage Act which
deals with the process for assessing a plan for regulated work or on site
sewerage work. This clause inserts a requirement that the local government
give a copy of a compliance permit to the regulator under the Bill where the
compliance permit was given for a greywater use facility that is or includes
a large greywater treatment plant. This is because greywater use facilities
of this size will require a recycled water management plan under the Bill
and it will be necessary for the regulator to monitor and keep records of
such facilities.
638 Amendment of s 85B (Restrictions on giving compliance
permit for greywater use facility in a sewered area)
Clause 638 amends section 85B of the Plumbing and Drainage Act to
remove the restriction on the granting of a compliance permit for work at
premises which generate greywater less than 50kL a day. This is because
the regulation of greywater will now be based on the capacity of the
greywater treatment plant rather than what is generated from premises.
Subject to the further requirements of the Plumbing and Drainage Act, a
compliance permit may now be issued for a greywater use facility that is or
includes a large greywater treatment plant. Requirements for installation of
facilities that generate less than 50kL per day will remain as they currently
are.
For a facility that is or includes a large greywater treatment plant, a local
government cannot issue a compliance permit:
· to install the facility unless the local government has received
advice about the facility from the regulator (at this point the
facility will be discharging to the sewer until testing and
validation of the unit is complete)
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Water Supply (Safety and Reliability) Bill 2008
· to connect the facility unless there is an approved recycled water
management plan under the Bill for the greywater use facility (at
this point the unit is connected to the plumbing to enable the
greywater to be used for its intended purpose).
639 Amendment of s 86 (General process for assessing
regulated work and on-site sewerage work)
Clause 639 amends section 86 of the Plumbing and Drainage Act which
deals with the process for assessing regulated work and on site sewerage
work. This provision inserts a requirement that where a local government
gives a compliance certificate and the certificate relates to the installation
or connection of a greywater use facility, that is or includes a large
greywater treatment plant, then the local government must also give a copy
of the compliance certificate to the regulator under the Bill. This is because
greywater use facilities of this size will require a recycled water
management plan under the Bill and it will be necessary for the regulator to
monitor and keep records of such facilities.
640 Amendment of s 86C (Conditions of compliance certificate)
Clause 640 amends section 86C of the Plumbing and Drainage Act to allow
for the local government to impose conditions on a compliance certificate
in accordance with requirements advised by the regulator under the Bill
where the compliance certificate is for regulated work for a greywater use
facility that is or includes a large greywater treatment plant.
641 Amendment of s 126 (Restriction on building or installing
greywater use facility)
Clause 641 amends section 126 of the Plumbing and Drainage Act so that
it is not an offence under the Act to build or install a greywater treatment
plant capable of treating 50kL or more greywater a day without the
approval of the chief executive. Instead, a recycled water management plan
will be required under the Bill.
642 Amendment of s 128A (Offence to pollute service
provider's services)
Clause 642 omits the reference in section 128A(1) of the Plumbing and
Drainage Act to the Water Act and replaces it with a reference to the Bill,
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Water Supply (Safety and Reliability) Bill 2008
consequential to the moving of provisions from chapter 3 of the Water Act
to the Bill.
643 Amendment of s 128G (Owner's obligation to maintain
plumbing and drainage and on-site sewerage facility)
Clause 643 amends section 128G of the Plumbing and Drainage Act so
certain obligations on owners to maintain plumbing and drainage and
on-site sewerage facilities are limited to greywater treatment facilities and
plans which treat less than 50kL a day. For a large greywater treatment
plant regulated under the Bill, a standard for water quality will apply under
the Bill.
644 Amendment of s 128PA (Offence about using greywater)
Clause 644 amends section 128PA of the Plumbing and Drainage Act so
certain offences about using greywater that are contrary to the Queensland
Plumbing and Wastewater Code are limited to greywater treatment
facilities or plants which treat less than 50kL a day. For a large greywater
treatment plant regulated under the Bill, a standard for water quality will
apply under the Bill.
645 Amendment of s 143B (Local government's monitoring
obligations for greywater use facilities in sewered areas)
Clause 645 amends section 143B of the Plumbing and Drainage Act to
exclude a requirement that local governments monitor a greywater use
facility that is or includes a large greywater treatment plant to ensure their
operation is not affecting public health. Monitoring of such greywater use
plants and facilities to ensure their operation is not affecting public health
will fall under the Bill.
Local governments will be responsible for monitoring such greywater use
facilities to ensure they are not adversely affecting amenity or the
environment.
In relation to greywater use facilities which are not capable of treating
50kL of greywater, local governments will remain responsible for
monitoring these facilities to ensure they are not affecting public health,
amenity or environment.
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Water Supply (Safety and Reliability) Bill 2008
646 Insertion of new s 143D
Clause 646 inserts a new section 143D (Local government advice to
regulator about greywater treatment plant) into the Plumbing and Drainage
Act.
New section 143D Local government advice to regulator about
greywater treatment plant
New section 143D requires the local government to give the regulator
under the Bill notice where the local government authorises the
dismantling or taking away of all or part of a greywater treatment plant that
is capable of treating 50kL or more greywater a day in a sewered area.
This new provision also requires a local government to give the regulator
under the Bill a copy of a condition report provided to the local government
by a person who services a large greywater plant in a sewered area.
647 Amendment of schedule (Dictionary)
Clause 647 amends the dictionary in the schedule to the Plumbing and
Drainage Act by omitting, amending or including definitions.
Most of the amendments are to facilitate the relocation of a number of
provisions from the Water Act to the Bill.
The remaining amendments to the dictionary facilitate the new scheme to
permit and regulate the use of greywater (other than kitchen greywater) for
a greywater use facility that is or includes a greywater treatment plant
capable of treating 50kL or more greywater a day
Part 2 Amendment of Public Health Act
2005
648 Act amended in pt 2
Clause 648 states that this part amends the Public Health Act.
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Water Supply (Safety and Reliability) Bill 2008
649 Amendment of s 10 (Definitions for ch 2)
Clause 649 amends the definitions for the terms `local government public
health risk' and `State public health risk' in section 10 of the Public Health
Act. The Act makes a distinction between public health risks being either a
`local government public health risk' or a `State public health risk'. This
distinction was made to enable responsibility for the administration and
enforcement of specified public health risks to be allocated to either the
State or local governments.
Currently, public health risks associated with water are the responsibility of
local government. However, in light of Queensland Health's proposed role
in the new regulatory scheme for drinking water and recycled water, the
definition of public health risk in section 11 (as discussed below) and the
allocation of responsibility for those public health risks associated with
water must be redefined.
The State is to be responsible for public health risks associated with
drinking water supplied by a drinking water service provider or recycled
water produced or supplied under a recycled water scheme within the
meaning of the Bill. Local government will continue to be responsible for
public health risks associated with water, other than drinking water
supplied by a drinking water service provider or recycled water produced
or supplied under a recycled water scheme.
650 Amendment of s 11 (Meaning of public health risk)
Clause 650 amends section 11 of the Public Health Act which sets out the
meaning for the term `public health risk'. Water is considered to be a public
health risk if it is, or is likely to be, hazardous to human health, or
contribute to, or likely to contribute to, disease in humans or the
transmission of an infections condition to humans. As discussed above, this
aspect of the definition has been amended to specify, if these conditions
apply, drinking water supplied by a drinking water service provider or
recycled water produced or supplied under a recycled water scheme may
also be a public health risk.
651 Amendment of s 18 (Regulation to prescribe who is to
administer this Act for particular public health risks)
Clause 651 amends the reference to subsection 11(1)(b) in section 18 of the
Public Health Act as a consequence of the amendments made to section 11
discussed above. Section 18 specifies that, if a regulation is made under
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Water Supply (Safety and Reliability) Bill 2008
section 11 about a public health risk, the regulation must also allocate
responsibility for administration and enforcement of the public health risk
to either the State or local governments.
652 Insertion of new ch 2, pt 5A
Clause 652 inserts a new chapter 5A, provisions about drinking water and
recycled water, into the Public Health Act.
New Part 5A Provisions about drinking water
and recycled water
New Division 1 Improvement notices
New section 57A Improvement notice
New section 57A of the Public Health Act enables an authorised person to
issue an improvement notice to a water service provider to remedy a
contravention of the new offences under part 5A about the provision of
unsafe drinking water or recycled water that is not fit for its intended use.
Water service provider is defined to mean either a drinking water service
provider within the meaning of the Bill, a recycled water provider within
the meaning of the Bill or an entity (other than a recycled water provider)
declared to be a part of a multiple-entity recycled water scheme under the
Bill.
An improvement notice may be issued if the authorised person reasonably
believes that:
· a water service provider has contravened one of the new offences
or has contravened these offences in circumstances that make it
likely that the contravention would continue or be repeated and
· the matter is capable of being rectified and is appropriate to give
the provider an opportunity to rectify the matter.
New section 57A also sets out the matters that must be stated in an
improvement notice and imposes an obligation on the authorised person to
keep a copy of the improvement notice.
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Water Supply (Safety and Reliability) Bill 2008
An improvement notice may only be issued by an authorised person
appointed by the chief executive of Queensland Health. This is in
accordance with the proposed role of Queensland Health in relation to the
regulation of drinking water and recycled water.
New section 57B Record of compliance with improvement
notice
New section 57B of the Public Health Act sets out the procedure that must
be followed by an authorised person if a water service provider informs the
authorised person that they have complied with the requirements of an
improvement notice. That is, if satisfied that the notice has been complied
with, the authorised person must record the date of compliance on the copy
of the notice held by the authorised person and, if asked, give a copy of the
notice to the provider.
New Division 2 Offences about supply of drinking
water or recycled water
New subdivision 1Preliminary
New section 57C When drinking water is unsafe
New section 57C of the Public Health Act sets out the meaning of the term
`unsafe drinking water' which is used in the new offence under new section
57E.
New section 57D When recycled water is fit for use
New section 57D of the Public Health Act sets out the meaning of the term
`fit for use' in relation to recycled water, which is used in the new offence
under new section 57F.
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Water Supply (Safety and Reliability) Bill 2008
New subdivision 2 Offences
New section 57E Supply of unsafe drinking water
New section 57E of the Public Health Act makes it an offence for a
drinking water service provider to supply drinking water that the provider
knows, or reasonably ought to know, is unsafe.
New section 57F Supply of recycled water that is not fit for use
New section 57F of the Public Health Act makes it an offence for a
recycled water provider to supply recycled water that is not fit for its
intended use.
New Division 3 Information requests
New section 57G Power to require information
New section 57G of the Public Health Act enables an authorised person to
obtain information if the authorised person believes there is a risk to public
health or safety because of the production or supply of drinking water or
recycled water.
This power may only be exercised by an authorised person appointed by
the chief executive of Queensland Health. This is in accordance with the
proposed role of Queensland Health in relation to the regulation of drinking
water and recycled water.
New section 57H Failure to give information
New section 57H of the Public Health Act makes it an offence for a person
to fail to comply with a request for information under new section 57G,
unless the person has a reasonable excuse including that the giving of the
information might tend to incriminate the individual.
653 Amendment of s 59 (Lead must not be used in water
collection)
Clause 653 amends section 59 of the Public Health Act to clarify the
meaning of potable water for the purposes of this section. Section 59
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prohibits the use of lead in things used to collect potable water, which is to
be defined as meaning water that is intended to be, or is likely to be, used
for human consumption.
654 Insertion of new s 388A
Clause 654 inserts a new section in chapter 9 (Monitoring and
enforcement) into the Public Health Act.
New section 388A Power to enter places to check compliance
with improvement notice
New section 388A empowers an authorised person to enter a place at
reasonable times to check compliance with an improvement notice issued
under new section 57A.
This power of entry complements the new provisions under chapter 5A
and, as such, may only be exercised by an authorised person appointed by
the chief executive of Queensland Health. This is in accordance with the
proposed role of Queensland Health in relation to the regulation of drinking
water and recycled water.
The power of entry under section 388A of the Public Health Act is limited
as:
· the authorised person may enter a place only to check whether
the improvement notice has been complied with
· the authorised person may not enter a building or other structure
without the occupier's consent or a warrant.
Furthermore, the exercise of this power is subject to the procedural
requirements detailed in section 392 of the Public Health Act. Before
entering a place, the authorised person must first make a reasonable
attempt to locate an occupier and obtain the occupier's consent to entry
accordance with the procedure in section 391 of the Public Health Act. If
the authorised person locates the occupier and the occupier refuses consent,
the authorised person must not enter the place - a warrant will be required.
If the authorised person is unable to locate the occupier after making a
reasonable attempt to do so, the authorised person may enter the place.
Following entry the authorised person must leave a notice stating the date,
time and purpose of entry. In addition, an authorised person entering a
place under these circumstances must cause as little inconvenience and do
as little damage as is practicable in the circumstances.
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655 Amendment of s 392 (Entry of place under s 386, 387 or
389)
Clause 655 makes a consequential amendment to section 392 (including
the section heading) of the Public Health Act to include a reference to new
section 388A. As discussed above, section 392 sets out the procedural
requirements for entry under new section 388A.
656 Amendment of s 399 (General powers after entering places)
Clause 656 amends section 399(3)(g) of the Public Health Act to enable an
authorised person to require an occupier of the place, or a person at the
place, to give the authorised person information to help the authorised
person find out whether the Public Health Act is being complied with.
657 Amendment of s 401 (Failure to answer questions)
Clause 657 amends the heading for section 401 of the Public Health Act as
a consequence of the amendment to section 399 discussed above. That is, it
is an offence for a person to fail to comply with a requirement under
section 399(3)(g), unless the person has a reasonable excuse.
658 Amendment of s 461 (Regulation-making power)
Clause 658 amends section 461 of the Public Health Act which sets out the
general regulation making power for the Act. The amendment clarifies that
a regulation may be made about:
· standards for the storage, transport and quality of drinking water,
greywater, recycled water and water used for recreational
purposes, including for example, standards for the quality of
recycled water for use on particular crops
· the management of drinking water, greywater, recycled water and
water used for recreational purposes, including, for example,
monitoring, analysis and reporting requirements for a drinking
water service provider, recycled water provider or other person
producing or supplying the water.
659 Amendment of sch 2 (Dictionary)
Clause 659 inserts new definitions into the dictionary of the Public Health
Act as a consequence of the amendments made to the Act. New definitions
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Water Supply (Safety and Reliability) Bill 2008
include: grey water; drinking water; drinking water service provider;
improvement notice; recycled water; recycled water provider; and water
service provider. The meaning of the terms drinking water, drinking water
service provider, recycled water and recycled water provider are drawn
from the Bill.
Part 3 Amendment of South East
Queensland Water
(Restructuring) Act 2007
660 Act amended in pt 3
Clause 660 states that part 3 amends the SEQ Water Restructuring Act.
661 Amendment of s 67 (Transfer notice)
Clause 661 amends section 67 of the SEQ Water Restructuring Act to
relocate the definitions for Coordinator-General and trust land to schedule
3 (Dictionary).
662 Insertion of new s 79A
Clause 662 inserts a new section 79A into the SEQ Water Restructuring
Act which provides for a process by which the Coordinator-General may
`step into the shoes' of a local government to continue a land resumption
process commenced by local government in relation to a bulk water asset
transferred subsequently to a new water entity.
New section 79A Coordinator-General is constructing authority
for particular land to be taken under the Acquisition of Land
Act
New section 79A of the SEQ Water Restructuring Act provides that if, as a
result of a transfer notice issued under section 67 of the SEQ Water
Restructuring Act, a local government cannot continue the acquisition of
land, the Coordinator-General may decide to continue the acquisition of
land. Where this occurs, the Acquisition of Land Act applies to the
Coordinator-General in the same way that the Acquisition of Land Act
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Water Supply (Safety and Reliability) Bill 2008
applies to a local government. This clause does not affect land owners'
rights and provides expressly that affected land owners have the same
rights and liabilities under the Acquisition of Land Act.
663 Amendment of s 80 (Matters relating to the Integrated
Planning Act 1997)
Section 80 of the SEQ Water Restructuring Act validates actions of SEQ
local governments under the Integrated Planning Act, in cases where the
relevant assets are transferred to one of the new State-owned entities
established under the SEQ Water Restructuring Act.
Clause 663 amends section 80 of the SEQ Water Restructuring Act to
remove any doubt that:
· the validity of any other decision, condition or agreement
imposed or made by a local government under the Integrated
Planning Act is not be affected by a transfer of development
infrastructure from a local government to a new water entity
· any decision, charge, condition, contribution or agreement
remains enforceable by the local government, or the water entity
as if the water entity is the local government
· a monetary amount payable to a local government under a
decision, charge, condition, contribution or agreement remains
payable to the local government
· a local government remains the respondent for any legal action or
appeal against the decision, charge, condition, contribution or
agreement.
664 Insertion of new ss 80A--80C
Clause 664 inserts three new sections into the SEQ Water Restructuring
Act.
New section 80A Reconfiguring a lot after transfer notice takes
effect
New section 80A of the SEQ Water Restructuring Act provides that the
Integrated Planning Act does not apply to the reconfiguring of a lot and a
plan of subdivision does not require the agreement, approval or consent of
any person under section 50 of the Land Title Act in the prescribed
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Water Supply (Safety and Reliability) Bill 2008
circumstances. This exemption is for a specific and limited purpose to
facilitate the transfer of bulk water assets from local governments to the
new water entities by way of subdivision of land which is used for multiple
purposes by local governments.
New section 80B Terminating trust land and granting freehold
interest under the Land Act
New section 80B of the SEQ Water Restructuring Act provides a process
by which the Minister administering the Land Act may grant, where
appropriate, a freehold interest to a new water entity in relation to trust
land. This clause applies if a transferred asset is attached to trust land under
the Land Act. A transferred asset means an asset transferred to a new water
entity under a transfer notice issued under section 67 of the SEQ Water
Restructuring Act without the transfer of land to which the asset is
attached. The purpose of this clause is to ensure that a new water entity has
separate land tenure and appropriate control over its assets in respect of
assets situated on land which is used for multiple purposes by local
governments.
New section 80C Granting lease under the Land Act
New section 80C of the SEQ Water Restructuring Act provides a process
by which the Minister administering the Land Act may grant, where
appropriate, a State lease to a new water entity in relation to reserved land
or unallocated State land. This clause applies if a transferred asset is
attached to reserved land or unallocated State land under the Land Act. A
transferred asset means an asset transferred to a new water entity under a
transfer notice issued under section 67 of the SEQ Water Restructuring Act
without the transfer of land to which the asset is attached. The purpose of
this clause is to ensure that a new water entity has separate land tenure and
appropriate control over its assets in respect of assets situated on land
which is used for multiple purposes by local governments.
665 Amendment of s 89 (Entry to, and use of, water entity's land
after transfer of asset attached to the land)
Clause 665 amends section 89 of the SEQ Water Restructuring Act. For the
avoidance of doubt, this clause amends section 89 to clarify that it applies
in the circumstances where a local government is a trustee of trust land
under the Land Act.
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Water Supply (Safety and Reliability) Bill 2008
Part 4 Amendment of Water Act 2000
666 Act amended in pt 4 and sch 2
Clause 666 states that this part and schedule 2 amend the Water Act.
667 Amendment of long title
Clause 667 amends the title of the Water Act as a result of the regulatory
framework for providing water and sewerage services being relocated from
the Water Act into the Bill.
668 Amendment of s 25C (Contents of water supply emergency
declaration)
Clause 668 amends section 25C(2) of the Water Act to provide that the
declaration must, to the greatest practicable extent, state the matters listed
in subparagraphs (a)-(e).
This clause reflects the fact that in an emergency situation it may not
always be practicable to immediately determine the optimal cost recovery
arrangements for a measure or an outcome up front.
669 Insertion of new s 25CA
Clause 669 inserts a new section 25CA (Amendment of water supply
emergency declaration) into the Water Act.
New section 25CA Amendment of water supply emergency
declaration
New section 25CA provides that that where it is not practicable to state all
of the matters listed in section 25C(2) of the Water Act when a water
supply emergency declaration is made, the Minister must, as soon as
practicable after the original declaration is published in the gazette, and
after consultation with the Treasurer, amend the water supply emergency
declaration to state the matters.
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Water Supply (Safety and Reliability) Bill 2008
670 Amendment of s 25F (Regulation about water supply
emergency)
Clause 670 inserts a new subparagraph (2A) in section 25F of the Water
Act to clarify that the Minister, before making a water supply emergency
regulation, must have regard to other measures that could be taken to deal
with a water supply emergency. This includes alternative measures under
the Water Act, and also other measures under other Acts.
The purpose of this amendment is to ensure consistency with section
25B(2) which requires that the Minister have regard to other measures
before making a water supply emergency declaration.
This amendment acknowledges that the powers under section 25F of the
Water Act are significant in scope, and should only be used where
consideration has been given to alternatives and the Minister is satisfied
that a water supply emergency regulation is the most appropriate response.
Clause 670(2) amends section 25F(3) of the Water Act to provide that a
water supply emergency regulation must, to the greatest practicable extent,
state the matters listed in subparagraphs (a)-(e). This amendment reflects
the fact that in an emergency situation it may not always be practicable to
immediately determine the optimal cost recovery arrangements for a
measure or an outcome up front.
671 Insertion of new s 25FA
Clause 671 inserts a new section 25FA (Amendment of water supply
emergency regulation) into the Water Act.
New section 25FA Amendment of water supply emergency
regulation
New section 25FA provides that where it is not practicable to state all of the
matters set out in section 25FC(2) of the Water Act when a water supply
emergency regulation is made, the Minister must consult with the Treasurer
on those matters and, to ensure transparency, as soon as practicable the
Governor in Council must amend the water supply emergency regulation to
state the matters.
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Water Supply (Safety and Reliability) Bill 2008
672 Amendment of s 25J (When water supply emergency ends)
Clause 672 amends section 25J(2)(b) of the Water Act. The amendment
allows a service provider to be directed to complete an action in
circumstances where it may not be necessary, but where the Minister is
satisfied that it would be detrimental to the interests of the State or another
entity not to complete the action. In determining whether this criterion is
satisfied, the Minister must have regard to the matters set out in
subparagraphs (a) to (e).
For example, a project proponent may have invested a large amount of
money into a project which, at the time the water supply emergency ends,
is near completion but which is not necessary to secure short to medium
term water supplies, however, based on the sunk costs and the progress of
the project, it would be detrimental to the interest of the proponent if the
project was not completed.
673 Amendment of s 25O (Recovery of costs incurred)
Clause 673 amends section 25O(1) of the Water Act to insert a new
subparagraph (b) that allows service providers to recover costs incurred as
a result of actions taken to comply with a regulation made under section
25J(2)(b). The amendment clarifies that the cost recovery power under
section 25O extends to recover costs incurred by a service provider, to the
extent stated in the regulation, as a result of completing or discontinuing
actions taken under a water supply emergency regulation in compliance
with a regulation made under section 25J(2)(b) of the Water Act.
674 Amendment of s 25ZA (Application for approval to restrict
use of subartesian water)
Clause 674 amends section 25ZA of the Water Act to clarify the scope of
this limited power to restrict the use of subartesian water, in particular, the
authority under which the water is being taken. Currently, the Commission
or a water service provider can apply to the chief executive to restrict the
use of subartesian water taken under section 20(6) of the Water Act.
Section 20(6) of the Water Act enables a person to take subartesian water
without a water entitlement for any purpose. This right can be altered by
statutory instruments such as water resource plans, wild river declarations
or a regulation declaring an area to be a subartesian area under section 1046
of the Water Act. In managing subartesian water in their respective areas,
these instruments may continue to authorise the taking of subartesian water
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Water Supply (Safety and Reliability) Bill 2008
without a water entitlement. Clause 674 amends section 25ZA of the Water
Act to clarify the original intent of the provision that restrictions under
section 25ZA may be applied to all subartesian water taken without an
entitlement, except that taken for stock purposes.
675 Amendment of s 46 (Content of draft water resource plans)
Clause 675 amends section 46(2) of the Water Act to provide that a draft
water resource plan may include the types of works for interfering with
subartesian water that are intended to be assessable or self-assessable
development under the Integrated Planning Act. This establishes the
framework for how works to interfere with subartesian water are to be
regulated under the Integrated Planning Act. To align with current drafting
principles sections 46(2)(ca)(cb) were incorporated in this section.
676 Amendment of s 113 (Minor or stated amendments of
licence)
Clause 676 amends the heading for section 113 of the Water Act by
inserting the word `agreed'. This will ensure that the content of the section,
which covers minor, stated and agreed amendments to resource operations
licences and distributions operations licences, is appropriately reflected in
the heading.
677 Amendment of s 128A (Amalgamation or subdivision of
water allocations)
Clause 677 amends section 128A of the Water Act to ensure that the
registrar of water allocations does not record an amalgamation or
subdivision of a water allocation, managed under a resource operations
licence, without receiving, from the resource operations licence holder,
notice of an existing supply contract with the water allocation holder. This
will bring the process for registering the amalgamation or subdivision of
water allocations in line with similar processes, for example, registering a
transfer or change of a water allocation.
678 Amendment of s 128B (Transfer of water allocations)
Clause 678 amends section 128B of the Water Act to ensure that the chief
executive is notified when a water allocation, not managed under a resource
operations licence, is leased. This will ensure that the requirements for
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leasing this type of water allocation are consistent with the current
requirements for a transfer of a water allocation. This notification will also
provide the necessary information to the chief executive to accurately
undertake functions such as metering.
679 Amendment of s 150 (Interests and dealings that may be
registered)
Clause 679 amends section 150(3) of the Water Act to ensure that the
registrar of water allocations does not record a lease of a water allocation
that is managed under a resource operations licence without receiving,
from the resource operations licence holder, notice of an existing supply
contract with the lessee of the water allocation. This will ensure that only
lessees with contractual arrangements for water supply may register a lease
and bring the process for registering a lease in line with the current
processes for registering transfers and changes to this type of water
allocation.
Clause 679 also amends section 150(4) to ensure that the registrar of water
allocations does not record a lease of a water allocation that is not managed
under a resource operations licence without receiving, from the chief
executive, a certificate about the proposed lease. This ensures that the chief
executive has been notified of the lease of a water allocation before it is
registered on the water allocations register.
680 Amendment of s 184 (Amending interim resource
operations licences on notice)
Clause 680 amends section 184(5)(a) of the Water Act to correct a minor
error by replacing `notice' with `licence'.
681 Amendment of s 185A (Amending interim resource
operations licences)
Clause 681 amends a number of elements of section 185A of the Water Act
for the following purposes:
· sections 185A(2)(a) and 185A(4)(c) are amended to include a
reference to a water year. This corrects an omission and ensures
that sections 185A(2)(a) and 185A(4)(c) are consistent with
section 185A(1) which provides that the chief executive may
amend the details of the water sharing rules in an interim
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resource operations licence for a water year or part of a water
year in certain circumstances
· new section 185A(2)(b) is inserted to ensure that the chief
executive notifies an interim resource operations licence holder
of any changes made to the water sharing rules of their licence
· new section 185A(2)(c) is inserted to state that any changes take
effect from the day stated in the notice given by the chief
executive (that is, the notice mentioned in section 185A(2)(b)).
This, in effect, amends existing section 185A(2)(b) of the Water
Act which states that amendments take effect from the day notice
is given. Changing this requirement will remove any confusion
associated with when the notice takes effect
· new section 185A(4)(d) is inserted to ensure that the notice given
by the chief executive always states the day it takes effect.
682 Amendment of s 189 (Granting interim water allocations)
Clause 682 amends section 189 of the Water Act to correct a minor
omission. Section 189 currently requires the chief executive to grant
interim water allocations in accordance with the process stated in a water
resource plan. However, the other provisions of the Water Act referred to in
section 189 (for example, division 2, subdivision 2) refer to processes
stated in water resource plans or resource operations plans. Clause 682
amends section 189 to ensure consistency and that the relevant water
resource plan or resource operations plan process is followed when
granting an interim water allocation.
683 Amendment of s 190 (Contents of interim water allocation)
Clause 683 amends section 190 of the Water Act to provide that where the
holder of an interim water allocation is the water grid manager, the interim
water allocation does not attach to the water grid manager's land. This
amendment is necessary because the water grid manager will not own any
land.
684 Amendment of s 192 (Dealing with an interim water
allocation)
Clause 684 amends section 192 of the Water Act to correct a minor
omission. Currently section 192 allows an interim water allocation to be
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Water Supply (Safety and Reliability) Bill 2008
dealt with as if it were a water licence except in certain circumstances. For
example, section 208 (Public notice of an application for a water licence)
does not apply to a dealing with an interim water allocation that is
consistent with the conditions of an interim resource operations licence.
Clause 684 ensures that section 208 of the Water Act does not apply to
dealings that are in accordance with the conditions of both an interim
resource operations licences or a resource operations licence. This
amendment ensures consistency with the definition of an interim water
allocation which states that an interim water allocation is an authority to
take water managed under an interim resource operations licence or a
resource operations licence.
685 Amendment of s 193 (Who certain interim water allocations
may be transferred to)
Clause 685 amends section 193 of the Water Act to correct a minor
omission. Currently section 193 allows an interim resource operations
licence holder to apply to transfer an interim water allocation that is not
attached to land to certain entities. Clause 685 ensures that a resource
operations licence holder can also undertake this type of transfer. This is in
accordance with the definition of an interim water allocation which states
that an interim water allocation is an authority to take water managed under
an interim resource operations licence or a resource operations licence.
Clause 685 also amends the heading of section 193 of the Water Act to
reflect the contents of the provision.
686 Amendment of s 194 (Deciding application to transfer by
interim resource operations licence holder)
Clause 686 amends the heading for section 194 of the Water Act to ensure
consistency with section 193 and to clarify that applications decided under
this section may have been made by either resource operation licence
holders or interim resource operations holders.
687 Amendment of s 196 (Forfeiting an interim water allocation)
Clause 687 amends section 196 of the Water Act to correct a minor
omission. Section 196 enables an interim water allocation to be forfeited.
Once forfeited, an interim water allocation can be dealt with under section
138 as if it were a water allocation. In doing so, a reference to an interim
resource operations licence is taken to be a reference to a resource
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Water Supply (Safety and Reliability) Bill 2008
operations licence. However, it may be the case that an interim water
allocation was already managed under a resource operations licence.
Clause 687 amends section 196 to provide for this instance.
688 Amendment of s 197 (Surrendering an interim water
allocation)
Clause 688 amends section 197 of the Water Act to correct minor
omissions. Section 197 enables an interim water allocation to be
surrendered. Section 197(2A) requires the chief executive to inform an
interim resource operations licence holder if an interim water allocation it
manages is surrendered. Clause 688 ensures that this notification is also
provided to a resource operations licence holder (that is, where an interim
water allocation is managed under a resource operations licence).
Section 197(3) of the Water Act allows a surrendered interim water
allocation to be dealt with as if it were a water allocation. In doing so, a
reference to an interim resource operations licence is taken to be a
reference to a resource operations licence. However, it may be the case that
an interim water allocation was already managed under a resource
operations licence. Clause 688 amends section 197 of the Water Act to
provide for this instance.
689 Amendment of s 200 (Arrangements for seasonal water
assignments)
Clause 689 amends section 200 of the Water Act to correct minor
omissions. Section 200 enables an interim water allocation holder to
seasonally assign their allocation of water in certain circumstances. For
example, where the interim water allocation is managed under an interim
resource operations licence, the interim water allocation holder can only
seasonally assign their allocation with the consent of the interim resource
operations licence holder. Clause 689 ensures that the same requirements
are necessary where the interim water allocation is managed under a
resource operations licence.
690 Insertion of new ch 2, pt 5, div 3, sdiv 6
Clause 690 inserts a new subdivision 6 (Interim water allocations for Julius
Dam water supply scheme) in chapter 2, part 5, division 3 of the Water Act
that provides for a particular interim water allocation to be dealt with prior
to the resource operations plan for the Julius Dam water supply scheme
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Water Supply (Safety and Reliability) Bill 2008
commencing. This amendment will give effect to the objectives of the Gulf
Water Resource Plan.
New subdivision 6Interim water allocations for Julius
Dam water supply scheme
New section 201 Granting interim water allocations
New section 201 of the Water Act provides for a regulation to state a
process for the expiry of a particular interim water allocation, held by
Mount Isa Water Board and managed under the interim resource operations
licence for Julius Dam water supply scheme; and the granting of interim
water allocations to particular entities to replace the expired interim water
allocation.
New section 201 of the Water Act also provides that the chief executive
must grant the new allocations to give effect to the regulation, and the
regulation must be consistent with the objectives of the Gulf Water
Resource Plan.
691 Amendment of s 209 (Applications that may be decided
without public notice)
Clause 691 amends section 209 of the Water Act to include a reference to a
notice under section 205(2) instead of referring to an `information notice'.
Currently section 209 only provides for an information notice to be given
to the applicant, however this is inconsistent with section 205(2) of the
Water Act which states that in some circumstances the chief executive
would be required to provide a information notice, and in others a decision
notice. This amendment removes any confusion by clarifying that the
notice the chief executive is required to provide to the applicant, in the
event that granting the application would be inconsistent with a water
resource plan, resource operations plan or wild river declaration, is a notice
under section 205(2) of the Water Act.
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Water Supply (Safety and Reliability) Bill 2008
692 Amendment of s 212 (Granting a water licence under a plan
or declaration process)
Clause 692 amends section 212 of the Water Act to clarify that the
documentation the chief executive is required to provide under this section,
is a notice under section 205(2).
693 Insertion of new s 212A
Clause 693 inserts a new section 212A (Applying for transmission water
licence) in chapter 2, division 2, subdivision 1 of the Water Act.
New section 212A Applying for transmission water licence
New section 212A of the Water Act provides a process for the grant of a
particular water licence, called a transmission water licence, in
circumstances where the water licence will authorise the taking of water
from a watercourse or lake conditional on `recycled water' having first
been supplied (the `receiving source') into the same watercourse or lake.
Recycled water for the purposes of this new section means only that
recycled water supplied under an approved recycled water management
plan to augment a supply of drinking water under the Bill.
The water grid manager, a relevant entity for a recycled water scheme and
an entity nominated by a relevant entity for a recycled water scheme, may
only apply for a water licence for taking water from a receiving water
source. In the case of the water grid manager, the clause specifically
provides that if recycled water in a receiving water source is supplied from
water supply works that supply a declared water service, it is only the water
grid manager that may make a licence application under this new section.
The new section also provides that the chief executive may decide the
licence application without notice of the licence application being
published. If the chief executive grants a licence application the
transmission water licence does not attach to the licensees land and 213(e)
of the Water Act does not apply to the transmission water licence.
The new section defines `receiving water source' to mean a lake or
watercourse into which recycled water is supplied under an approved
recycled water management plan to augment a supply of drinking water.
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694 Amendment of s 213 (Contents of water licence)
Clause 694 amends section 213 of the Water Act to provide that where the
holder of a water licence is the water grid manager, the water licence does
not attach to the water grid manager's land. This amendment is necessary
because the water grid manager will not own any land.
695 Amendment of s 217 (Amending water licence to
implement water resource plan)
Clause 695 amends section 217 of the Water Act to clarify that the
documentation the chief executive is required to provide under this section,
is a notice under section 205(2) of the Water Act.
696 Amendment of s 221 (Reinstating expired water licence)
Clause 696 amends section 221 of the Water Act to extend the period of
time that a licensee, or a new owner of land to which a licence attaches,
may make an application for reinstatement of a water licence from 30
business days to 60 business days. This will provide the licensee, or the
new owner of land, a reasonable time to make the application. This clause
also amends section 221 of the Water Act to enable chief executive, in
particular cases, to extend the period for making an application to reinstate
a water licence in an event that an application is not received within the
application period. The period may only be extended if the chief executive
is satisfied the works to take or interfere with water under the licence were
operational from the date the licence expired and to the date the chief
executive approves the extension.
697 Amendment of s 340 (Main purpose of ch 2A and its
achievement)
Clause 697 inserts a new subparagraph (c) in section 340(2) of the Water
Act. Section 340(2) sets out how the main purpose of chapter 2A of the
Water Act is achieved. The new subparagraph reflects the fact that clause
713 of the Bill inserts a new part 5A in chapter 2A of the Water Act that
establishes the regulatory framework for the new SEQ water market.
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698 Amendment of s 360J (Content of options)
The Commission has a statutory function of providing advice to the
Minister on options for achieving water supply security within a designated
region.
Clause 698 amends section 360J of the Water Act which sets out the
matters that must be addressed in the options developed by the
Commission. The amendments made by clause 698 are also relevant for
section 360M(2) of the Water Act which provides that a regional water
security program must make provision about the matters mentioned in
section 360J(1).
Clause 698 of the Bill omits the existing section 360J(1)(a) and the existing
section 360J(1)(b) of the Water Act which provide that the options
prepared by the Commission must address the water service providers for
water supply works in the region who should have desired levels of service
objectives, as well as what the desired levels of service objectives for each
of those water service providers should be. The new subparagraph (a)
which is inserted by clause 698 provides that the options prepared by the
Commission must address the desired levels of service objectives for the
region or part of the region. This amendment reflects the fact that levels of
service objectives apply to a region, or part of a region, rather than to a
water service provider.
Clause 698 also amends sections 360J(1)(c) and (e) to provide that water
security options prepared by the Commission must address both water
supply works and sewerage for achieving desired levels of service
objectives. This amendment reflects the increasing importance of recycled
water in achieving water supply security in Queensland.
699 Amendment of s 360N (Effect of program for Integrated
Planning Act 1997)
Clause 699 amends section 360N of the Water Act to reflect the
amendments made to section 360J by clause 698 of the Bill, which have the
effect (because of section 360M of the Water Act) that a regional water
security program must make provision about both water supply works and
also sewerage for achieving regional water supply security.
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700 Amendment of s 360O (Application of pt 4)
Clause 700 amends section 360O of the Water Act to reflect the
amendments made to section 360J by clause 698 of the Bill, which have the
effect (because of section 360M of the Water Act) that a regional water
security program must make provision about both water supply works and
also sewerage for achieving regional water supply security.
701 Amendment of s 360P (Status of works for State
Development and Public Works Organisation Act 1971)
Clause 701 amends section 360P of the Water Act to reflect the
amendments made to section 360J by clause 698 of the Bill, which have the
effect (because of section 360M of the Water Act) that a regional water
security program must make provision about both water supply works and
also sewerage for achieving regional water supply security.
702 Amendment of s 360Q (Designation of preferred entity for
works)
Clause 702 amends section 360Q of the Water Act to reflect the
amendments made to section 360J by clause 698 of the Bill, which have the
effect (because of section 360M of the Water Act) that a regional water
security program must make provision about both water supply works and
also sewerage for achieving regional water supply security.
703 Amendment of s 360T (Information may be required from
water service providers)
Clause 703 amends section 360T of the Water Act to clarify that the
Commission may give a water service provider a notice requiring
information the Commission reasonably requires to enable the
Commission to carry out its function of collecting, collating, analysing and
reporting on water information for the SEQ region or a designated region.
The establishment of the SEQ water grid and the SEQ water market has
highlighted the need for regional water information management. The
amendment will allow notices to be issued by the Commission to require
the supply of information by water service providers, either as an
individual request for information or a request for recurrent provision of
particular categories of information, to allow for regional water
information management and reporting by the Commission. This will
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enable the Commission to act as the conduit for the supply of certain
regional water information to the Commonwealth and other relevant
entities, and will ensure that the Commission's capacity to coordinate, plan
and report on regional water supply security is not compromised.
The term `water information' will include information about water supply,
water usage, water transport and water quality.
704 Amendment of s 360V (Commission to make system
operating plan for region)
Clause 704 amends section 360V of the Water Act to clarify that the
system operating plan is not `for' water supply works and other measures
provided for in a regional water security program. Rather, the role of the
system operating plan is to facilitate the achievement of the desired levels
of service objectives for the region.
705 Amendment of s 360W (Content of plan)
Clause 705 amends section 360W of the Water Act which sets out the
required content of a system operating plan. With the introduction of the
SEQ water market rules in the new part 5A of chapter 2A, the required
content of the system operating plan needs to be amended to reflect the
different role and function of the two regulatory instruments.
Following the amendments, rather than stating the water service providers
for water supply works, the plan will be required to state the entities to
which the plan applies. This amendment reflects a shift from a position
where the system operating plan applied directly to water supply works and
water service providers for those water supply works, to a position where
the plan can apply to any entity, irrespective of whether the entity owns any
infrastructure. For example, the system operating plan for the SEQ region
may apply to the water grid manager, despite the water grid manager not
owning any assets and not being registered as a water service provider.
While the amendments do not prevent a system operating plan from
containing obligations directed at water service providers in respect of their
water supply works, it clarifies that the plan may also apply to other entities
in respect of activities or operations unrelated to water supply works.
In addition to stating the water supply works to which the system operating
plan applies, the plan will also be required to state any sewerage to which
the plan applies. The effect of this is that a system operating plan will be
able to impose obligations on entities in respect of sewerage. This reflects
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the increasing importance of recycled water in achieving water supply
security within a region.
Because of the existence in the SEQ region of the SEQ water grid and the
water grid manager, the system operating plan will not allocate a share of
available water to each individual service provider. This is because in the
SEQ region all water service providers will be required to purchase water
from the water grid manager under an approved contract. For this reason,
clause 705 also amends section 360W of the Water Act to provide that in
the SEQ region, rather than specifying the share of water available to each
water service provider, the system operating plan must specify the
maximum volume of water the water grid manager may enter into contracts
to sell. For other regions that may be designated in the future where there is
no water grid manager, the system operating plan is required to state the
share of water available to each water service provider.
Clause 705 also omits the requirement for the system operating plan to
state desired water savings and efficiency targets. This is because it is
considered that these issues are more appropriately addressed through
other instruments such as the regional water security program.
706 Amendment of s 360X (Consultation for plan)
Clause 706 amends section 360X of the Water Act to reflect the
amendment made by clause 705 of the Bill that provides for a system
operating plan to apply to all entities, not just water service providers.
707 Amendment of s 360Y (Publication and taking effect of
plan)
Clause 707 amends section 360Y of the Water Act to reflect the
amendment made by clause 705 of the Bill that provides for a system
operating plan to apply to all entities, not just water service providers.
708 Amendment of s 360Z (Amendment of plan)
Clause 708 amends section 360Z of the Water Act to clarify that a system
operating plan only needs to be amended following the making or
amendment of a water resource plan, where there is an inconsistency
between the system operating plan and the water resource plan as made or
amended. If a water resource plan is made or amended and there is no
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resulting inconsistency between the water resource plan and the system
operating plan, then there is no need to amend the system operating plan.
Clause 708 also removes the current requirement under section 360Z(b) of
the Water Act for the system operating plan to be amended where a
preferred entity is designated for proposed water supply works under
section 360Q of the Water Act. Where a designation is made under section
360Q, the entity is taken to be a water service provider for the works and
the works are taken to be works under the State Development and Public
Works Organisation Act - meaning that relevant provisions of the State
Development and Public Works Organisation Act will apply to the works.
At the time an entity is designated under section 360Q of the Water Act, the
system operating plan may not need to be amended, because given that the
works will not be constructed at the time of the designation, the system
operating plan may have no application to the works. The amendment does
not prevent a system operating plan being amended following designation
of an entity under section 360Q of the Water Act, however it removes the
requirement for an amendment to be made.
709 Amendment of s 360ZA (Water service providers must
comply with system operating plan)
Clause 709 amends section 360ZA of the Water Act to reflect the
amendment made by clause 705 of the Bill that provides for a system
operating plan to apply to an entity other than a water service provider.
710 Amendment of s 360ZB (Publication requirements)
Clause 710 amends section 360ZB of the Water Act to reflect the
amendment made by clause 705 of the Bill that provides for a system
operating plan to apply to an entity other than a water service provider.
711 Amendment of s 360ZC (Derivative use immunity for
compliance with publication requirement)
Clause 711 amends section 360ZC of the Water Act to reflect the
amendment made by clause 705 of the Bill that provides for a system
operating plan to apply to an entity other than a water service provider.
Clause 711 also amends section 360ZC of the Water Act by inserting a
comma after each instance of the word individual.
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712 Insertion of new ch 2A, pt 5, div 2, sdiv 4
Clause 712 inserts new subdivision 4 (Spot audit reports) into the division
of chapter 2A of the Water Act that deals with system operating plans.
New subdivision 4 Spot audit reports
New section 360ZCAA Spot audit by commission
Section 360ZCAA has been relocated within this part of the Water Act as a
consequence of the relocation of chapter 3 into the Bill, as it more
relevantly applies to the Water Act. No changes have otherwise been made
to the provision.
New section 360ZCAB Requirement to comply with plan and
provision for cost of report
New section 360ZCAB has been relocated within this part of the Water Act
as a consequence of the relocation of chapter 3 into the Bill, as it more
relevantly applies to the Water Act. No changes have otherwise been made
to the provision.
New section 360ZCAC Access for conducting audit reports
Section 360ZCAC has been relocated within this part of the Water Act as a
consequence of the relocation of chapter 3 into the Bill, as it more
relevantly applies to the Water Act. No changes have otherwise been made
to the provision.
713 Insertion of new ch 2A, pt 5A
Clause 713 inserts a new part 5A in chapter 2A of the Water Act. The new
part 5A establishes the SEQ water market and provides for the making of
rules governing the operation of the market.
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New Part 5A The market
New Division 1 Preliminary
New section 360ZCL What is the market
New section 360ZCL of the Water Act defines `the market' for the
purposes of the new part 5A.
New section 360ZCM Operation of market
New section 360ZCM of the Water Act sets out how the operation of the
market is facilitated under the new part 5A.
New Division 2 Declaration of water services
New Subdivision 1 Recommendation by commission for water
service declaration
New section 360ZCN Requests about water service
declarations
New section 360ZCN of the Water Act sets out the process whereby an
entity may make a request for declaration of a water service, or part of a
water service, supplied by or proposed to be supplied by water supply
works. The relevant water supply works do not have to be in the SEQ
region which reflects the fact that water supply works that contribute to the
water supply security of a region may not necessarily be physically located
within the region.
The entity making the request must be either the water service provider
supplying the water service, or an entity proposing to construct, or in the
process of constructing, relevant water supply works.
The request is made to the Commission and must be in the form approved
by the commission. The request must state:
· the water service, or the part of a water service, proposed for
declaration - a request may be made to declare part of a water
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service where the service will also serve `non-grid' purposes. For
example, where a dam provides water storage services for water
entitlements held by the water grid manager, as well as for
entitlements held by other individuals such as irrigators, the
request for declaration may be made only in respect of the part of
the service that relates to the entitlement held by the water grid
manager
· the water supply works for supplying the water service or part of
the water service, for example, the name of the dam providing
the water storage service
· the reasons the water service, or part of the water service, should
be declared - the reasons would need to address the criteria for
declaration as provided for in the new section 360ZCS.
The party making the request may withdraw the request or, with the written
agreement of the Commission, amend the request, at any time before the
Commission makes a recommendation to the Minister about the request.
The Commission may require the applicant to give the Commission
additional information about the proposed declaration.
New section 360ZCO Making recommendation
New section 360ZCO of the Water Act provides that after receiving a
request for declaration of a water service, the Commission must
recommend to the Minister that the water service, or part of the service, be
declared, or that the water service not be declared.
If an applicant proposed that all of a service be declared, the Commission
may nevertheless recommend to the Minister that only part of the water
service be declared.
Before making the recommendation to the Minister, the Commission may
engage in any consultation the Commission considers appropriate.
The Commission must make its recommendation within a reasonable time
after receiving a request, and must give a copy of the request to the
Minister with the recommendation.
New section 360ZCP Recommendation without request
New section 360ZCP of the Water Act provides for the Commission, on its
own initiative without receiving a request under section 360ZCN, to
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recommend to the Minister that a water service, or part of a water service,
be declared. This is consistent with the Commission's regional planning
functions.
New section 360ZCQ Factors affecting making of
recommendation
New section 360ZCQ of the Water Act sets out the factors the Commission
must consider before recommending to the Minister that a service or part of
a service be declared. Those factors are:
· the water service, or part of the service, is necessary to ensure
regional water security for the SEQ region. This may be water
supply security in the short, medium or long term, and will
include where the water service, or part of the service, is
necessary to achieve the desired levels of service objectives
specified in a regional water security program
· the water service, or part of the service, is necessary for the
efficient provision of an existing declared water service
· the water supply works for supplying the water service, or the
part of the water service, are necessary for the efficient and
effective operation of water supply works for supplying an
existing declared water service.
The Commission must be satisfied that at least one of these three factors is
satisfied before a declaration can be recommended.
This clause also clarifies that the Commission may recommend declaration
of a water service or part of a water service, even if the water supply works
supplying the service are outside the SEQ region. This reflects the fact that
services that contribute to water supply security in the SEQ region may not
be geographically located within the boundaries of the SEQ region as
defined in the Water Act.
New Subdivision 2 Declaration by Minister
New section 360ZCR Making water service declaration
New section 360ZCR of the Water Act provides that the Minister must, on
receiving a recommendation from the Commission in respect of a water
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service declaration, declare all or part of the water service, or decide not to
declare the water service or part of the service.
Before making a declaration, the Minister may, under subsection (3) of new
section 360ZCR, require the Commission to give the Minister additional
information about the proposed declaration.
New section 360ZCS Factors affecting making of water service
declaration
New section 360ZCS of the Water Act sets out the factors the Minister
must consider before declaring all or part of a water service. Those factors
are:
· the water service, or the part of the water service, is necessary to
ensure water supply security for the SEQ region. This may be
water supply security in the short, medium or long term, and will
include where the water service, or part of the service, is
necessary to achieve the desired levels of service objectives
specified in a regional water security program
· the water service, or the part of the water service, is necessary for
the efficient provision of an existing declared water service
· the water supply works providing the water service or part of the
water service, are necessary for the efficient and effective
operation of water supply works for an existing declared water
service.
The Minister must be satisfied that at least one of these three factors is
satisfied before a declaration can be made.
This new section also clarifies that a water service may be declared by the
Minister, even if the water supply works supplying the service are outside
the SEQ region. This reflects the fact that services that contribute to water
supply security in the SEQ region may not be geographically located
within the boundaries of the SEQ region as defined in the Water Act.
New section 360ZCT Content of water service declaration
New section 360ZCT of the Water Act provides that a water service
declaration must contain:
· the water service, or part of the service that is being declared (for
example, the treatment of water)
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· the water supply works for supplying the water service or part of
the water service (for example, the water treatment plant at Mt
Crosby) and
· the water service provider for the water service (for example, the
bulk water supply authority).
New section 360ZCU When water service declaration takes
effect
New section 360ZCU of the Water Act provides that a water service
declaration has effect on either the day it is published in the gazette, or on
the later day stated in the declaration.
New Subdivision 3 Register
New section 360ZCV Register of water service declarations
New section 360ZCV of the Water Act provides that the Commission must
keep a register of water service declarations that, for each of the declared
water services, includes the service or part of the service that is declared,
the water supply works for supplying the service and the water service
provider supplying the service. The declarations register may also include
any other details the Commission considers appropriate, and may be kept
in any form the Commission considers appropriate.
New section 360ZCW Declarations register to be available for
public inspection
New section 360ZCW of the Water Act provides that the register of water
service declarations, or a copy of the register, must be available for
inspection, free of charge at the commission's head office, as well as other
places the Commission considers appropriate. The Commission may also
publish a copy of the register on its website.
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New Division 3 South East Queensland Water Market
Rules
New Subdivision 1Making market rules
New section 360ZCX Market rules
New section 360ZCX of the Water Act gives the Minister the power to
make rules about the operation of the market. The market rules are a
statutory instrument within the meaning of the Statutory Instruments Act,
but are not subordinate legislation.
New section 360ZCY Content of market rules
New section 360ZCY(a) of the Water Act sets out things the market rules
must contain. New section 360ZCY(b) provides that the rules may also
contain any other matter the Minister considers appropriate to facilitate the
operation of the market.
New section 360ZCZ When market rules take effect
New section 360ZCZ of the Water Act requires the Minister to notify the
making of the market rules. The notice is subordinate legislation. The
market rules take effect either on the day the Minister's notice is published
in the gazette, or on any later day stated in the Minister's notice or the
market rules.
New section 360ZDA Tabling of market rules
New section 360ZDA of the Water Act provides that a copy of the market
rules, and any amendment to the market rules, must be tabled in the
Legislative Assembly for information within 14 days after the rules or the
amendment to the rules takes effect. A failure to table a copy in accordance
with this section does not affect the ongoing effect of the market rules.
New section 360ZDB Public notification of market rules
New section 360ZDB of the Water Act provides that the market rules, as in
force from time to time, must be published on the Commission's website.
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New section 360ZDC Review of market rules
New section 360ZDC of the Water Act requires the Minister to conduct a
review into the operation and effectiveness of the market rules, as soon as
practicable after the second anniversary of the rules taking effect. A report
about the outcome of the review must be tabled in the Legislative
Assembly.
This section will enable a review of the market rules to be undertaken and
to enable any difficulties with implementation of the rules to be addressed.
New Subdivision 2 Grid contract documents and
registered grid participants
New section 360ZDD Grid contract document
New section 360ZDD of the Water Act provides that the Minister may
make a document, in the form of a contract (a `grid contract document'),
providing for either the supply of a declared water service by a grid service
provider to the water grid manager or, the supply of water by the water grid
manager to a grid customer.
The grid contract document will have effect as if it was a contract, meaning
that the law of contract will apply in relation to the document.
The section also clarifies that the grid service provider or the grid customer
named as a party in the document and the water grid manager do not have
to execute the document.
The terms of the grid contract document may be changed by the Minister,
and the document will continue to have effect as a contract in accordance
with the change.
The section also provides that to the extent that there are any
inconsistencies with any other agreements entered into between the grid
service provider or grid customer and the water grid manager, the grid
contract document will prevail.
New section 360ZDE Effect of grid contract document
New section 360ZDE of the Water Act provides that a grid service provider
must supply its declared water service only to the water grid manager and
in accordance with the grid contract document applying to the grid service
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provider. Similarly, a grid customer may purchase water supplied by a
declared water service only from the water grid manager and in accordance
with the grid contract document applying to the grid customer.
New Subdivision 3 Registered grid participants
New section 360ZDF Registration process provided in market
rules
New section 360ZDF of the Water Act provides that if an entity wants to
participate in the market (as defined in new section 360ZCL of the Water
Act), the entity must register as a grid participant, in the appropriate grid
participant category, in accordance with the market rules. The effect of this
section is that any entity supplying a declared water service, or purchasing
water supplied by a declared water service will be required to register as a
grid participant in the category under the market rules that is appropriate to
the entity's participation in the market.
New section 360ZDG Relationship between water grid manager
and registered grid participants
New section 360ZDG of the Water Act provides that the only entities that
may supply water to the water grid manager are grid service providers and,
unless the market rules provide otherwise, the only entities that may
purchase from the water grid manager water supplied by a declared water
service are grid customers.
New section 360ZDH Transfer of registration
New section 360ZDH of the Water Act provides that if the owner of water
supply works that provide a declared water service transfers the ownership
of the works to another entity, the entity transferring the ownership ceases
to be a grid service provider in relation to the relevant declared water
service, and the entity to which the water supply works are being
transferred becomes the grid service provider in relation to the relevant
declared service. The entity transferring ownership must give the rules
administrator notice of the transfer. This will enable the rules administrator
to update relevant documents containing references to the transferor.
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The purpose of this new section is to ensure that where there is a change of
ownership of water supply works that supply a declared service, the
transferee automatically becomes a grid service provider and is bound to
continue to supply the service to the water grid manager.
New Subdivision 4 Liability of registered grid
participants and water grid
manager
New section 360ZDI Limited liability of grid participants
New section 360ZDI of the Water Act provides that a grid participant (the
first grid participant) is not civilly liable to another grid participant (the
second grid participant) for any consequential loss suffered by the second
grid participant in relation to an act or omission by the first grid participant
in performing its functions or its obligations under:
· the market rules
· an approved contract
· operating protocols made under the market rules
· an instrument made or instruction given under the market rules or
the operating protocols.
The term `consequential loss' is defined in new section 360ZDI(5)of the
Water Act and is defined using an inclusive definition, rather than an
exclusive definition. This means that other losses could potentially fall
within the meaning of the term, depending upon the circumstances.
Under new section 360ZDI(1) of the Water Act, the exclusion of liability
for consequential loss under the new section 3360ZDI will not apply:
· other than to the extent any consequential loss was caused or
contributed to by the wilful default of the grid participant, where
wilful default is defined to include fraudulent conduct (including
concealment), criminal conduct and any intentional or reckless
breach of, or failure to remedy a breach of, the grid participant's
obligations
· if the first grid participant recovers compensation from an entity
in relation to the consequential loss suffered by the second grid
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participant - other than to the extent of the compensation less an
amount that represents any loss suffered by the grid participant in
relation to the consequential loss and any costs incurred in
recovering the compensation.
Under new section 360ZDI(2) of the Water Act, the exclusion of liability
does not apply at all in relation to claims against a grid participant for
personal injury suffered by the entity, or in relation to contracts that were in
force immediately before the commencement of the new section 360ZDI
to the extent that the contract is not inconsistent with this section or the
market rules.
New sections 360ZDI(3) and 360ZDI(4) of the Water Act clarify that a grid
participant may vary or exclude the operation of the limitation in section
360ZDI(1) in a contract in relation to the liability of the participant to
another party to the contract, and the limitation will not apply to the grid
participant to the extent the contract expressly varies or excludes its
operation in relation to the other party to the contract.
Under the new arrangements for water supply in the SEQ region, the
contractual relationships between the parties will not follow the physical
flow of the water. For example, in the case of purified recycled water for
supply to the Brisbane City Council area, water will flow from assets
owned by the Queensland Manufactured Water Authority into assets owned
by the Queensland Bulk Water Supply Authority, then through assets
owned by the Queensland Bulk Water Transport Authority and finally
through assets owned by Brisbane City Council.
While each of these parties will have a contract with the water grid
manager, none of the parties will have a contract with each other. However,
they clearly have a significant operational interface.
Limitation of liability between parties with an operational interface would
usually be dealt with in a party to party contract. Limiting liability to direct
losses in these contracts is consistent with the general position adopted by
entities operating in a utilities market. In the absence of contracts, liability
can be limited in legislation and the Victorian gas industry market and
system operations rules provide a precedent for this approach.
The contracts between the parties and the water grid manager are required
to be approved by the Minister, meaning there is very little opportunity for
the parties to negotiate the terms of the contract, including terms relating to
their ability to mitigate the risk around potential consequential loss or
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damage. It is therefore appropriate to limit liability between grid
participants as provided in this clause.
New Subdivision 5 Offences relating to market rules
New section 360ZDJ Compliance with market rules
New section 360ZDJ of the Water Act provides that the water grid manager
and registered grid participants must not contravene the market rules. A
contravention may attract a maximum penalty of up to 1665 penalty units.
New Division 4 Transfer of particular authorities
New section 360ZDK Definitions for div 4
New section 360ZDK of the Water Act defines a number of terms for the
purpose of new division 4 (Transfer of particular authorities).
New section 360ZDL Application of div 4
New section 360ZDL of the Water Act defines the terms relevant authority
and limited authority for the purpose of division 4, and sets out the specific
authorities and categories of authorities to which division 4 applies. These
are the authorities that can potentially be transferred to the water grid
manager under the transfer scheme provided for under the division.
New section 360ZDM The transfer scheme
New section 360ZDM describes the transfer scheme provided for under
division 4. The purpose of the transfer scheme is to allow for the transfer of
particular authorities to take water, from the current holder of the authority
to the water grid manager, in order to facilitate the operation of the market.
Under the transfer scheme, where an entity holds an authority to take and
interfere with water, that authority may be replaced by an authority to
interfere with water and one or more authorities to take water. Where this
happens, the authority to take water can then be transferred from the entity
to the water grid manager. The transfer will be given effect through a
transfer notice, provided for under the new section 360ZDN of the Water
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Act. The authority to interfere will continue to be held by the transferring
entity.
Where an entity holds an authority to take water (but not to interfere), the
authority can be replaced with two or more authorities and transferred to
the water grid manager under a transfer notice, or alternatively just
transferred to the water grid manager.
New section 360ZDN Transfer notice
New section 360ZDN of the Water Act sets out what the Minister may do
through the transfer notice scheme.
Under new subsections (a), (b) and (c), where an entity holds an authority
to take and interfere with water, the transfer notice may replace the
authority with an authority to interfere with water and one or more
authorities to take water, and also transfer the authority (or authorities) to
take water from the existing holder to either the water grid manager or the
Queensland Bulk Water Supply Authority. A potential scenario where an
authority to take may be transferred to the Queensland Bulk Water Supply
Authority is where the authority relates to water for use on-site at a water
storage facility owned by the Queensland Bulk Water Supply Authority, for
example where the water supplies the recreation facilities at a dam site or is
used for operational purposes associated with the dam and associated
facilities.
Under new subparagraph (d), where an entity holds an authority to take
water (but not to interfere), the transfer notice can transfer the authority to
the water grid manager.
Under new subparagraph (e), where an entity holds an authority to take
water (but not to interfere), the transfer notice may replace the authority
with two authorities to take water, and transfer one or both of the
authorities to the water grid manager and/or the Queensland Bulk Water
Supply Authority.
New subparagraph (f) provides that the transfer notice may impose
requirements on any of the authorities replaced or transferred, including
requirements about the volume of water that may be taken under an
authority by the water grid manager or the Queensland Bulk Water Supply
Authority and the purpose for which water taken by the Queensland Bulk
Water Supply Authority may be used.
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Under new subparagraph (g), where an authority held by an entity is
replaced by one or more authorities to take water and an authority to
interfere with water, the transfer notice may make provision for the entity
to continue to hold the authority to interfere with water.
New subparagraph (h) provides that the transfer notice may make provision
about the application of instruments, for example a water supply agreement
associated with transferring authorities, to a transferring entity or a
receiving entity including:
· whether the transferring entity or receiving entity is a party to an
instrument
· whether an instrument is taken to have been made by the
transferring entity or receiving entity, or given to, or in favour of
the transferring entity or receiving entity
· whether a reference to another entity in an instrument is a
reference to the transferring entity or receiving entity
· whether under an instrument, an amount is or may become
payable to or by the transferring entity or receiving entity, or
other property is, or may be, transferred to or by the transferring
entity or receiving entity.
New subparagraph (i) provides the Minister with the power to make
provision about an incidental, consequential or supplemental matter which
the Minister considers necessary or convenient for effectively carrying out
the scheme.
The effect of new subsections (2), (3) and (4) is that where an authority is
replaced with one or more authorities to take or interfere with water, the
conditions under which the water may be taken or interfered with under the
new authority or authorities must be at least as restrictive as the conditions
under the original authority. For example, the conditions on the new
authority or authorities must not increase the total amount of water to be
taken, increase the rate at which water may be taken, change the flow
conditions under which water may be taken, or increase the interference
with the flow of water.
New subsection (5) provides that a transfer notice has effect despite any
other law or instrument. For example, if there is a contract in place that
commits the transferring entity to take and supply water under that
agreement to another entity, the transfer notice will have effect despite the
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Water Supply (Safety and Reliability) Bill 2008
fact it may impact upon the transferring entity's ability to meet its
obligation under the relevant contract.
New subsection (6) provides that a transfer notice has effect on the day it is
published in the gazette, or on the later day stated in the notice.
New subsection (7) defines `instrument' under this section to include an
agreement for an entity to supply water to another entity.
New section 360ZDO Process after transfer notice
New section 360ZDO of the Water Act gives the chief executive of the
department in which chapter 2, part 6, is administered, power, following
the transfer of an authority under a transfer notice, to take any action that is
necessary or convenient in relation to the transfer. For example, it may be
necessary or convenient to update a register or other record relating to the
authority or authorities, or to amend, cancel or issue another authority. The
chief executive may take action under this section, despite the Act not
providing for the taking of the action, or the Act providing for the taking of
the action in another way.
New section 360ZDP Continuing authorities
New section 360ZDP of the Water Act provides that where an authority is
replaced with one or more authorities to take or interfere with water, the
newly created authority or authorities will continue to have effect until
either:
· the chief executive of the department in which chapter 2, part 6
of the Water Act is administered, grants a water licence to
replace the authority
· the authority is replaced with a water entitlement, interim
resource operations licence or distribution operations licence.
Where the chief executive grants a replacement water licence, the
licence may be issued by the chief executive, without the need
for an application to be made under section 206 of the Water Act.
Within 30 business days of granting the replacement water
licence, the chief executive must give the entity to whom the
licence is granted, the licence and an information notice about
the granting of the licence. The licence has effect from the day it
is given to the entity.
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Water Supply (Safety and Reliability) Bill 2008
New section 360ZDQ References in supply agreements to
particular transferring entities
New section 360ZDQ of the Water Act applies where an authority is being
transferred under a transfer notice and, on the day of the transfer, there is an
agreement for the supply of water in force between the transferring entity
and another entity. In these circumstances, a reference in the agreement to
the transferring entity is, where the context permits, taken to be a reference
to the receiving entity. The effect of this section is that any supply
agreement relating to the relevant authority will continue to have effect
following the transfer.
714 Omission of ch 3 (Infrastructure and service)
Clause 714 removes chapter 3 from the Water Act to reflect that the matters
covered in chapter 3 (that is, infrastructure and service) have been
incorporated into the Bill.
715 Amendment of s 696 (Procedure before authority is
dissolved to convert to an alternative institutional structure)
Clause 715 amends section 696 of the Water Act and provides that before a
regulation is made dissolving a water authority to allow it to convert to an
alternative institutional structure, if more than one entity is created the
water authority must submit a notice, known as an `allocation notice' to the
Minister detailing the proposed allocation of employees, assets, liabilities
and property of any kind between the alternative institutional structures.
716 Amendment of s 701 (Definitions for div 3)
Clause 716 amends the definition of `former water authority' and `new
entity' in section 701 of the Water Act to provide that a water authority
may be converted to one or more alternative institutional structures.
717 Insertion of new 701A
Clause 717 inserts a new section 701A into the Water Act.
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Water Supply (Safety and Reliability) Bill 2008
New section 701A Notification for conversion to 2 or more
alternative institutional structures
New section 701A of the Water Act provides that the Minister must on the
changeover day for the former water authority publish in the gazette the
`allocation notice' for the former water authority if the former water
authority is converted to two or more alternative institutional structures.
718 Amendment of s 702 (Vesting of assets, rights and
liabilities)
Clause 718 amends section 702 of the Water act to provide that the assets,
rights and liabilities of the former water authority, if converted to two or
more alternative institutional structures, vest on the changeover day in each
new entity for the water authority in accordance with the authority's
allocation notice.
719 Amendment of s 703 (Continuing legal proceedings)
Clause 719 amends section 703 of the Water Act to provide that if a water
authority is converted to two or more alternative institutional structures and
a legal proceeding by or against the authority has not been finished before
the changeover day, the legal proceeding, may from the changeover day, be
continued and finished by or against the most appropriate new entity for the
authority.
720 Amendment of s 704 (Existing employees)
Clause 720 amends section 704 of the Water Act to provide that a person
who was employed by the former water authority becomes an employee of
a new entity for the authority in accordance with the authority's allocation
notice.
721 Amendment of s 705 (State undertakes non-transferable
civil liability)
Clause 721 amends section 705 of the Water Act to provide that the State
will take over any civil liability that, at law, can not be transferred from the
water authority to the new institutional structure comprising one or more
alternative institutional structures.
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Water Supply (Safety and Reliability) Bill 2008
722 Amendment of s 758 (Power to require name and address)
Clause 722 replaces subsection 1 of section 758 of the Water Act to bring
the provision in line with current drafting practice. The substance of the
provision has not changed.
723 Omission of ch 5, pt 3, div 2 (Offences for ch 3)
Clause 723 removes the division of the Water Act that deals with offences
relating to infrastructure and service to reflect that these matters have been
incorporated into the Bill.
724 Amendment of ch 6, hdg (Reviews, appeals and arbitration)
Clause 724 amends the heading of chapter 6 of the Water Act to reflect the
changes made by the Bill. Chapter 6 will now deal with reviews and
appeals only.
725 Amendment of s 851 (Who is an interested person)
Clause 725 amends section 851 of the Water Act to remove the provisions
that relate to the regulator and local governments, reflecting that these
provisions have been incorporated in the Bill.
726 Amendment of s 862 (Who may apply for internal review)
Clause 726 amends section 862 of the Water Act to remove the provisions
that relate to the regulator and local governments and failure impact
assessment decisions and actions, reflecting that these provisions have been
incorporated in the Bill.
727 Amendment of s 864 (Review decision)
Clause 727 amends section 864 of the Water Act to remove the provisions
that relate to the regulator, local governments and failure impact
assessment decisions and actions, reflecting that these provisions have been
incorporated in the Bill.
728 Amendment of s 865 (Stay of operation of original decision)
Clause 728 amends section 865 of the Water Act to remove the provisions
that relate to the regulator, local governments and failure impact
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Water Supply (Safety and Reliability) Bill 2008
assessment decisions and actions, reflecting that these provisions have been
incorporated in the Bill.
729 Amendment of s 877 (Who may appeal)
Clause 729 amends section 877 of the Water Act to remove the provisions
that relate to the regulator, local governments and failure impact
assessment decisions and actions, reflecting that these provisions have been
incorporated in the Bill.
730 Omission of ch 6, pt 4 (Arbitration)
Clause 730 omits chapter 6, part 4 of the Water Act to reflect its relocation
with the infrastructure and service regulator functions into the Bill.
731 Amendment of s 920 (Appointments and authority)
Clause 731 amends section 920 of the Water Act to omit the provision
stating that it is not necessary to prove the regulator's appointment. This
reflects its relocation with the infrastructure and service regulator functions
into the Bill.
732 Amendment of s 932 (Proceedings for offences)
Clause 732 amends section 932 of the Water Act to omit reference to who
may bring proceedings for offences in relation to regulator functions. This
reflects its relocation with the infrastructure and service regulator functions
into the Bill. Clause 732 also amends the heading of section 932 of the
Water Act to reflect current drafting practice.
733 Amendment of s 955 (Governor in Council may appoint
administrator to operate infrastructure)
Clause 733 amends section 955 of the Water Act to remove the provisions
that relate to service providers, reflecting the relocation of chapter 3 into
the Bill.
734 Omission of ss 957 and 958
Clause 734 removes sections 957 and 958 of the Water Act. These sections
relate to the appointment of an administrator to operate a service provider's
infrastructure and have been relocated into the Bill.
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Water Supply (Safety and Reliability) Bill 2008
735 Amendment of s 966 (Additional criteria for assessing
development applications)
Clause 735 amends section 966 to omit the provisions of the Water Act that
relate to referable dams to reflect relocation of referable dam regulation
into the Bill. Clause 735 also provides that where the Queensland Bulk
Water Supply Authority has referral agency status over certain
development applications, the Authority is to undertake this responsibility
in accordance with the purposes of the Water Act, to the extent they relate
to preserving water quality in the declared catchment area.
736 Amendment of s 967 (IPA approval for development is
subject to approval under this Act)
Clause 736 amends section 967 of the Water Act to enable operational
work, mentioned in schedule 8, part 2, table 4, item 1(b)(i) of the Integrated
Planning Act to have a right to use and occupy the part of the bed or bank
of the watercourse or lake on which the works to interfere with water are
authorised to be located.
737 Omission of s 971 (Development applications for referable
dams)
Clause 737 removes section 971 from the Water Act to reflect that
development applications for referable dams have been incorporated into
the Bill.
738 Insertion of new ch 8, pts 3A and 3B
Clause 738 inserts a new section into the Water Act to deal with an
authority held by Mount Isa Mines Limited and relocate existing provisions
of the Water Act about SEQ Water into a different part of the Water Act.
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Water Supply (Safety and Reliability) Bill 2008
New Part 3A Authority held by Mount Isa
Mines Limited
New section 992A Authority held by Mount Isa Mines Limited
under special agreement Act
New section 992A of the Water Act provides for specified water rights in
the Gulf Water Resource Plan area to be relocated from the Mount Isa
Mines Limited Agreement Act 1985 (Mount Isa Mines Limited Agreement
Act) into the water allocation and management framework under the Water
Act.
This section only applies to Mount Isa Mines Limited to the extent a
special agreement Act (for example, the Mount Isa Mines Limited
Agreement Act) authorises the entity to take or interfere with water in
relation to Rifle Creek Dam and Lake Moondarra.
In accordance with this provision, the authority to take or interfere with
water, in relation to Rifle Creek Dam and Lake Moondarra, under the
Mount Isa Mines Limited Agreement Act will continue until the chief
executive grants Mount Isa Mines Limited the water allocation in relation
to Lake Moondarra stated under the resource operations plan.
The operation of this section does not in any way affect the water licence
held by Mount Isa Mines Limited in relation to Rifle Creek Dam.
This section applies despite section 1037A(3) and (4) of the Water Act and
anything to the contrary in the special agreement Act that applies to Mount
Isa Mines Limited.
New Part 3B SEQ Water
This part contained within chapter 3 of the Water Act has been relocated
into this new part of the Water Act as a consequence of the relocation of
chapter 3 into the Bill, as it more relevantly applies to the Water Act. No
changes have otherwise been made to this provision.
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Water Supply (Safety and Reliability) Bill 2008
739 Amendment of s 1006 (Declarations about watercourses)
Clause 739 amends section 1006 of the Water Act to enable a regulation or
a water resource plan to state the way in which water, declared to be water
in a watercourse under this section, taken for stock or domestic purposes, is
to be regulated. This will provide flexibility such that, where appropriate,
water declared to be water in a watercourse, taken for stock or domestic
purposes, can be appropriately regulated.
740 Amendment of s 1007 (Records to be kept in registries)
Clause 740 amends section 1007 of the Water Act to remove reference to
records kept in registries relating to infrastructure and service matters. This
reflects the relocation of chapter 3 into the Bill.
741 Amendment of s 1009 (Public inspection and purchase of
documents)
Clause 741 amends section 1009 of the Water Act to remove reference to
public inspection and purchase of documents relevant to service provider
and dam safety regulation to reflect the relocation of chapter 3 into the Bill.
742 Amendment of s 1010A (Non-disclosure of commercially
sensitive information)
Clause 742 amends section 1010A of the Water Act to remove reference to
infrastructure and service matters to reflect the relocation of chapter 3 into
the Bill.
743 Amendment of s 1014 (Regulation-making power)
Clause 743 amends section 1014(2)(gb) of the Water Act to provide that a
regulation may state a process for granting or otherwise dealing with
unallocated water in a water resource plan area, resource operations plan
area or wild river area. The Water Act currently provides for dealing with
unallocated water in water resource plans, resource operations plans or, for
a wild river area, in a regulation. The result has been the prescription of
detailed processes for dealing with unallocated water in individual plans.
These processes vary in detail which has resulted in inconsistencies
between plan areas. Amending section 1014(2)(gb) of the Water Act to
enable a regulation to deal with unallocated water in water resource plan
and resource operations plan areas as well as wild river areas will ensure
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Water Supply (Safety and Reliability) Bill 2008
the consistent application of principles across Queensland, certainty and
transparency for prospective water purchasers and that the process is
readily accessible.
Clause 743 also amends sections 1014(2)(i) and 1014(2)(j) of the Water
Act to provide that a regulation may `state' rather than `approve' codes for
assessable or self-assessable development under the Integrated Planning
Act.
Under the current Water Act framework, codes are essentially approved
twice: once through the Department of Natural Resources and Water's
internal approval process (which involves stating the day the code was
approved on the code itself and subsequently listing the code in the Water
Regulation 2002); and once by the Governor in Council. This has the
potential to result in two different approval dates. This may raise questions
about the validity of codes at various points in time, in particular, as codes
are updated and amended as the need arises. This amendment is intended to
remove any confusion relating to the approval of these codes while
maintaining Governor in Council consideration through the regulation
amendment process.
744 Amendment of s 1046 (Declared subartesian areas)
Clause 744 inserts a regulation making power into section 1046 of the
Water Act so that a regulation can be made with respect to the types of
works that interfere with subartesian water that are assessable or
self-assessable development under the Integrated Planning Act. This
establishes the framework for how works to interfere with subartesian
water are to be regulated under the Integrated Planning Act.
The clause also ensures that section 1046 of the Water Act is appropriately
interpreted providing for the chief executive to only grant a water licence
if:
· the person has authorisation under section 20(6) of the Water Act
to take subartesian water
· has existing works capable of being used at the time the area is
declared to be a subartesian area and
· used those works to take water for which a water licence was
granted.
· The discretion is not to be used for a person who has failed to
renew a licence or had a licence revoked under the Water Act.
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Water Supply (Safety and Reliability) Bill 2008
745 Insertion of new ch 9, pt 5, div 11
Clause 745 inserts a new chapter 9, part 5, division 11 into the Water Act.
New Division 11 Transitional provisions for Water
Supply (Safety and Reliability) Act
2008
New section 1161 Declared water services
New section 1161 of the Water Act provides that the Minister may, by
gazette notice, prescribe a water service, or part of a water service, that is
taken to be a declared water service under the new chapter 2A, part 5A,
division 2. This section will facilitate the initial establishment of the market
by prescribing the initial list of declared water services. A declaration made
under this section has effect on the day it is published in the gazette or the
later day stated in it. This section applies despite chapter 2A, part 5A,
division 2 (Declaration of water services).
New section 1162 Grid Customers
New section 1162 of the Water Act provides that where the Minister
declares a water service, or part of a water service, under the process set out
in the new section 1161, the water service provider supplying the declared
service is taken to be a grid service provider in relation to the service.
In addition, the new section 1162 provides that CS Energy Limited, Tarong
Energy Limited and each local government whose local government area
forms part of the SEQ region (as defined in section 341 of the Water Act)
is, from the commencement of the section, a grid customer.
New section 1163 Changing source of water supplied under
supply contract
New section 1163 of the Water Act has the effect of invalidating any
provision in a contract between a grid customer and a third party that
specifies that water supplied by the grid customer to the third party must be
supplied from a particular source. The new section also provides that the
customer may not end the supply contract only because the water is
supplied from another source.
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Water Supply (Safety and Reliability) Bill 2008
A key principle underpinning the establishment of the SEQ water grid and
the SEQ water market is that water is a shared resource. As construction of
new water sources and pipelines are completed and the grid is connected,
water will be able to be moved around the region, and sources supplying
particular areas will be able to be substituted.
If a contract specifies that water must be supplied from a specific source,
this conflicts with the core underlying principle that water for urban and
industrial use in the SEQ region is a shared resource and supply from the
SEQ water grid may come from a variety of sources, as determined by the
water grid manager, depending on the quality considerations and the
optimum conjunctive use of water storages across the region.
The rights of customers are protected under this section via the requirement
that any water substituted under the provision must be fit for the purpose
for which the water under the supply contract is supplied.
New section 1164 Existing water supply agreements end
New section 1164 of the Water Act applies to contract or agreements that
are:
· in force immediately before the commencement of the section
· for the supply of water or water services which, from
commencement, will be supplied from a declared water services
and
· between
· two or more potential grid participants;
· a potential grid participant and SEQ Water; or
· a potential grid participant and SunWater.
The term `potential grid participant' is defined in new subsection (3) to
mean:
· an entity supplying a water service or part of a water service,
declared under the new section 1162
· an entity that becomes a grid service provider or grid customer
under the new section 1163.
The effect of the section is that contracts or agreements that satisfy all of
the above criteria end at the end of 30 June 2008.
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Water Supply (Safety and Reliability) Bill 2008
The purpose of this section is to ensure that agreements or contracts that
will be replaced by a grid contract document between grid participants and
the water grid manager will no longer exist as the provisions of the existing
contracts or agreements will be dealt with in the grid contract document.
Examples of the types of agreements to which this section would apply
include an agreement between two local governments in SEQ region for
the bulk supply of potable water; and a contract between Sun Water and a
local government in the SEQ region for the supply of bulk untreated water
from one of Sun Water's water supply schemes.
New section 1165 References to particular entities in relevant
water resource plans
New section 1165 of the Water Act applies in relation to an entity (`a water
entity') that held an authority to take or interfere with water (`the
authority'), where the authority was:
· transferred to the bulk water supply authority under the SEQ
Water Restructuring Act
· then replaced with two or more authorities to take water under a
transfer notice made by the Minister under section 360ZDN.
The section provides that if a relevant water resource plan refers to a water
entity, in relation to having the authority, the provision should be read with
any necessary changes to give effect to the transfer notice.
New section 1166 Codes for assessment under the Integrated
Planning Act 1997
New section 1166 of the Water Act states that the codes previously
approved as codes for assessable development under section 1014(2)(i) and
1014(2)(j) of the Water Act are taken to be codes stated under the amended
sections 1014(2)(i) and 1014(2)(j), amended by the Bill. This will ensure
the continued operation of these codes.
New section 1167 Amendment of water resource plans
New section 1167 of the Water Act provides that the amendment of a
number of water resource plans by the Bill does not affect the power of the
Governor in Council (that is, the power provided under the Water Act) to
further amend or repeal the plans.
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Water Supply (Safety and Reliability) Bill 2008
746 Omission of sch 1 (Prohibited substances)
Clause 746 removes schedule 1 from the Water Act to reflect that
prohibited substances have been incorporated into the Bill.
747 Amendment of sch 4 (Dictionary)
Clause 747 removes and inserts the listed definitions from schedule 4 of
the Water Act to reflect the changes made by the Bill, in particular, the
omission of chapter 3 of the Water Act.
Part 5 Amendment of Water and Other
Legislation Amendment Act 2007
748 Act amended in pt 5
Clause 748 states that part 5 amends the Water and Other Legislation
Amendment Act.
749 Omission of s 92 (Insertion of new ch 3, pt 3, div 2B)
Clause 749 amends section 92 of the Water and Other Legislation
Amendment Act to relocate these provisions into the Bill.
750 Amendment of s 103 (Insertion of new ch 9, pt 5, div 9)
Clause 750 amends section 103 of the Water and Other Amendment Act to
relocate these provisions into the Bill.
Chapter 11 Consequential and minor
amendments
751 Laws amended in sch 2
Clause 751 states that schedule 2 amends the Acts listed.
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Water Supply (Safety and Reliability) Bill 2008
Schedule 1 Prohibited substances
Schedule 1 provides a definition of prohibited substances for the Bill.
Schedule 2 Consequential and minor
amendments
Schedule 2 makes consequential and minor amendments to the following
Acts:
· Body Corporate and Community Management Act 1997
· Building Act 1975
· Geothermal Exploration Act 2004
· Integrated Planning Act 1997
· Land Act 1994
· Land Court Act 2000
· Land Title Act 1994
· Local Government Act 1993
· Queensland Competition Authority Act 1997
· South East Queensland Water (Restructuring) Act 2007
· Water Act 2000
· Water Resource (Fitzroy Basin) Plan 1999
· Water Resource (Gold Coast) Plan 2006
· Water Resource (Logan Basin) Plan 2007
· Water Resource (Mary Basin) Plan 2006
· Water Resource (Moreton) Plan 2007
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Water Supply (Safety and Reliability) Bill 2008
Schedule 3 Dictionary
Schedule 3 is the dictionary for the Bill. Many of the definitions provided
are self-explanatory; however, below is a note of definitions that require
further explanation.
Declared entity for a multiple-entity scheme, means each recycled water
provider and other entity, other than the scheme manger for the scheme,
declared to be part of the scheme under chapter 3, part 8.
A multiple-entity recycled water schemes can only be established by being
declared a critical recycled water scheme. All schemes, unless declared,
are single-entity schemes comprised of a single recycled water provider
and the provider's infrastructure for the production and supply of recycled
water. A multiple-entity scheme is likely to include a number of entities
that by definition are `recycled water providers' but may include other
entities that are involved in a scheme but do not carry out both production
and supply of recycled water under the scheme, an example would be a
distribution entity such as a pipeline which transports recycled water.
Drinking water means water, for human consumption, intended primarily
as water for drinking, whether or not the water is used for other purposes.
Drinking water, for the purpose of the Bill, expressly excludes water that is
defined as food under the Food Act (section 12). Under that Act food also
includes water sold for human consumption by a food business or used by a
food business in preparing food for sale to consumers. Accordingly, `water'
is food if:
(a) a person bottles or packages water for retail sale
(b) a person takes water in a tanker from a water source (for
example, a reticulated water supply outlet) and sells that water to
a consumer for the purposes of filling the consumer's rainwater
tank
(c) a person sells water from his or her rainwater tank to another
person
(d) a food business uses reticulated food business uses reticulated
water on their premises to cook food for consumers.
In addition, drinking water, for the purposes of the Bill, does not include
water that is supplied generally for domestic purposes, whether or not such
water is consumed for drinking purposes.
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Water Supply (Safety and Reliability) Bill 2008
Drinking water service only applies to a water service that is the treatment,
transmission or reticulation of water for supply as drinking water. For
example, the treatment of water by a water treatment plant intended for
supply as drinking water, whether at that point of supply or later supply by
reticulation, is a drinking water service. If later by reticulation, the
reticulation of the water intended for drinking water supply is also a
drinking water service. A water service that is the water collection,
including water storages, is not captured as a drinking water service save
for one exception. This is where a water storage receives a supply of
recycled water that is for the purpose of augmenting a drinking water
supply. In that case, the water collection in a storage is a drinking water
service.
Drinking water service provider is a water service provider, within the
meaning of the Bill, that is carrying out a drinking water service. For
example, some entities supplying water are not captured as a water service
provider within the meaning of the Bill, such as a resort providing its own
water supply or a mining company providing its own water supply to a
mining community. These entities are not drinking water service providers
for the purposes of the Bill.
Multiple-entity recycled water scheme means a scheme involving the
production and supply of recycled water by more than one recycled water
provider, or at least one recycled water provider and another entity, and
includes:
(a) each recycled water provider and other entity declared to be part of the
scheme under a declaration for the scheme made under chapter 3, part 8
and
(b) the infrastructure for the production and supply of the water stated to be
part of the scheme under the declaration.
A multiple-entity scheme is also a critical recycled water scheme--the
declaration process provides a mechanism to establish a number of
recycled water providers and other entities (such as a sewage treatment
plant and an advanced water treatment plant) to operate as one scheme. If a
multiple-entity scheme is declared, there must also be scheme manager for
the scheme, who is someone the declared entities must agree on.
Recycled water provider means an entity that:
(a) owns infrastructure for the production and supply of recycled
water
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Water Supply (Safety and Reliability) Bill 2008
(b) another entity, prescribed under a regulation, that owns
infrastructure for the supply of recycled water.
A recycled water provider is, in the first instance, an entity that owns
infrastructure for the production and supply of recycled water. A provider
must have a recycled water management plan, or an exemption, to be
authorised to supply recycled water for reuse. Under the second limb of the
definition, another entity that only supplies recycled water, such as a
distribution entity, may be prescribed to be a recycled water provider.
Prescription might occur if there was a need for a management plan
covering the distribution entity's infrastructure to ensure the quality of the
recycled water does not deteriorate during distribution.
Recycled water scheme means a single-entity or a multiple-entity recycled
water scheme.
All recycled water schemes are single-entity schemes, unless they are
declared to be critical recycled water schemes under chapter 3, part 8.
Reused, in relation to recycled water, includes being treated to improve the
water's quality, but does not include merely being discharged into, or
disposed of in, the environment.
The definition of `reused' is needed because of the nature of recycled
water--without it an entity treating sewage and discharging treated effluent
to the environment would be caught as a recycled water provider. This is
not intended. The definition is also needed to catch entities that supply
recycled water for further treatment, such as a sewage treatment plant
supplying effluent to an advanced water treatment plant, as recycled water
providers.
Single-entity recycled water scheme means a scheme involving the
production and supply of recycled water by only 1 recycled water provider,
and includes:
(a) if the provider owns infrastructure for the production and supply of
the water--that infrastructure
(b) if the provider owns infrastructure only for the supply of the
water--that infrastructure.
Water quality criteria--
(a) for drinking water, means all of the following:
(i) the standards for the quality of drinking water prescribed in a
regulation under the Public Health Act
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Water Supply (Safety and Reliability) Bill 2008
(ii) the criteria stated in a guideline, if any, made by the regulator
about the quality of drinking water and
(b) for recycled water, means all of the following:
(i) the standards for the quality of recycled water, relating to the
sources and uses of the water, prescribed in a regulation
under the Public Health Act
(ii) the criteria for the quality of recycled water, relating to the
sources and uses of the water
(A) stated in a guideline, if any, made by the regulator about
the quality of recycled water
(B) in relation to the quality of recycled water to which a
recycled water management plan or an exemption
relates--stated in a regulator condition for the plan or
exemption.
With regard to the water quality criteria for recycled water, due to the
diversity of contaminants in recycled water, particularly wastewater, and
the wide range of potential uses of recycled water, it is not intended that a
standard will be prescribed or criteria set for all sources and uses of
recycled water. However, where no standard or criteria has been specified
in a regulation under the Public Health Act or in a guideline made by the
regulator, the quality of recycled water required to be met under a recycled
water scheme will be determined by the regulator having regard to the
source of the water and proposed uses of the water and stated as a regulator
condition of a recycled water management plan or exemption.
© State of Queensland 2008
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