Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 115

115 Provisions for participating local governments and distributor-retailers

(1) This section applies to each of the following entities (the
"parties" )—

(a) a local government that is a participating local government for a distributor-retailer;

(b) the distributor-retailer.

(2) The parties may enter into an agreement (a
"breakup agreement" ) about the charges breakup.

(3) A breakup agreement applies instead of a charges breakup prescribed by regulation.

(4) A charges resolution of the local government must state the charges breakup for all adopted charges under the resolution.

(5) However, the adopted charges must not be more than the proportion of the maximum adopted charges—

(a) the local government may have under a breakup agreement to which the local government is a party; or

(b) if the local government is not a party to a breakup agreement—prescribed by regulation.

(6) Subsection (7) applies if there is a charges resolution of the local government and the parties later enter into a breakup agreement with a different charges breakup from the resolution.

(7) The breakup agreement does not have effect until the later of the following—

(a) the local government makes a new charges resolution that reflects the agreement;

(b) the distributor-retailer adopts a new infrastructure charges schedule that reflects the agreement.

(8) Each party to a breakup agreement must publish a copy of the agreement on the party’s website.