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Water Supply (Safety and Reliability) Bill 2008
Laid before the Legislative Assembly on 8 May 2008
Record of Proceedings (Hansard 13 May 2008)
Water Supply (Safety and Reliability) Bill
2008
Erratum to Explanatory Notes
Title of the Bill
Water Supply (Safety and Reliability Bill) 2008
Reason for Erratum
An inadvertent omission has been detected in the Explanatory Notes
accompanying the Water Supply (Safety and Reliability) Bill 2008 tabled in
Parliament on 30 April 2008.
The section of the Explanatory Notes which details consistency with
Fundamental Legislative Principles contains no reference to the new
section 360ZDD inserted in the Water Act 2000 by clause 713 of the Bill.
Notes on Provisions
Page 18: Consistency with Fundamental Legislative Principles - the
following text should appear immediately before Limitation of liability of
grid participants:
"Power for the Minister to impose contracts
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Water Supply (Safety and Reliability) Bill 2008
Section 4(2)(a) of the Legislative Standards Act requires that legislation
has sufficient regard to the rights and liberties of individuals.
Section 360ZDD of the Bill gives the Minister the power, until 1 July 2011,
to make a document in the form of a contract (a grid contract document),
providing for the supply of declared water services to the Water Grid
Manager, or the supply of water supplied by declared water services by the
Water Grid Manager.
The grid contract document will have effect as a contract between the
Water Grid Manager and the grid service provider or grid customer named
in the document. The terms of the document will override any inconsistent
term contained in any other agreement entered into by the parties.
The initial imposition of contracts between the parties is a necessary part of
the overall framework being put in place by the Bill. The grid contract
documents are a fundamental part of the State Government's policy for
institutional arrangements in South East Queensland and are the key
mechanism for sharing the costs of the water grid across the region.
Section 360ZDD is very limited in its scope, having practical application
only to local governments, state government statutory authorities and
government owned corporations in the SEQ region. The section also
makes it clear that this is an interim measure only, with the power for the
Minister to make a grid contract document applying only until 1 July 2011.
With the grid arrangements scheduled to commence on 1 July 2008, the
timeframes do no allow for full commercial negotiations between grid
participants and the Water Grid Manager. Further, it is generally
acknowledged that the SEQ water market arrangements are highly
regulated, and the contracts will not reflect normal commercial terms in
any event.
Accordingly, given the nature of what is to be achieved, the timetable for its
achievement and the limited field of operation of the section, it is
considered that the provision is reasonable."
© State of Queensland 2008
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