Queensland Consolidated Acts

ECONOMIC DEVELOPMENT ACT 2012 - SECT 51AU

51AU Provisions about water connection aspects that are taken to be part of water approvals

(1) This section applies if the water connection aspect of the PDA development approval is taken to be part of a water approval under section 51AT (2) or (4) .

(2) A PDA development condition of the water connection aspect is taken to be a water approval condition of the water approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , even if the condition could not be imposed under that Act.

(3) Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , chapter 4C , part 4 , there is no review or appeal right under that Act in relation to—

(a) the part of the water approval that was the water connection aspect; or

(b) a decision made under this Act in relation to the part of the water approval that was the water connection aspect.

(4) To remove any doubt, it is declared that subsection (3) does not limit or otherwise affect—

(a) an appeal mentioned in section 51AC (1) (a) or brought under section 51AD ; or

(b) a review or appeal right under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , chapter 4C , part 4 , in relation to a decision under section 99BRAK of that Act about a request to amend a water approval condition of the water approval.

(5) Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRCI (2) , a distributor-retailer must not give an infrastructure charges notice under that Act for the part of the water approval that was the water connection aspect.

(6) However, if the part of the water approval that was the water connection aspect is amended under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRAK , an infrastructure charges notice may be given under that Act in relation to the amendment.

(7) Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRDE (1) , a person can not make a conversion application under that Act in relation to a condition of the water approval that was a PDA development condition.

(8) A regulation may—

(a) if the water connection aspect requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or

(b) make provision about another matter necessary or convenient to give effect to the transition from the water connection aspect of the PDA development approval to the water approval for which this Act does not make provision or sufficient provision.