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Queensland
South East Queensland Water
(Restructuring) and Other
Legislation Amendment
Bill 2012
Queensland
South East Queensland Water
(Restructuring) and Other Legislation
Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of South-East Queensland Water (Distribution
and Retail Restructuring) Act 2009
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 4 (Achievement of purposes) . . . . . . . . . . . . . . 13
5 Amendment of s 11 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Amendment of s 36 (Disqualifications for independent member). 13
7 Amendment of s 49A (Individual directions). . . . . . . . . . . . . . . . . 13
8 Omission of s 53AE (Provision for market rules) . . . . . . . . . . . . . 13
9 Omission of s 92CT (Provision for market rules) . . . . . . . . . . . . . 14
10 Omission of ch 4, pt 3A (Code administration) . . . . . . . . . . . . . . . 14
11 Amendment of s 99AT (Restricting water supply) . . . . . . . . . . . . 14
12 Amendment of s 99BB (Public notice about availability of draft
code) ........................................... 14
13 Amendment of s 99BQ (Matters SEQ service provider must
have regard to in making plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Omission of ch 5, pt 2 (Local government price mitigation
documents) .................................. 15
15 Amendment of s 99BZD (Compensation by local governments
for particular matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 100C (Commission may make guidelines) . . . . 15
17 Amendment of s 100DA (Requirement for SEQ service provider
to give information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
18 Amendment of s 100F (Application of Water Supply Act
enforcement provisions for particular offences) . . . . . . . . . . . . . . 15
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
19 Amendment of s 101 (Approved forms) . . . . . . . . . . . . . . . . . . . . 16
20 Insertion of new ch 6, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 8 Transitional provision for South East
Queensland Water (Restructuring) and Other
Legislation Amendment Act 2012
130 Effect of SEQ design and construction code . . . . . . . 17
21 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 17
Part 3 Amendment of South East Queensland Water
(Restructuring) Act 2007
Division 1 Preliminary
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2 Amendments commencing on assent
23 Amendment of s 6 (Establishment of new water entities). . . . . . . 18
24 Amendment of s 9 (Functions of new water entities other than
the water grid manager) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Amendment of s 11 (Functions to be carried out commercially) . 19
26 Amendment, relocation and renumbering of s 89 (Entry to, and
use of, water entity's land after transfer of asset attached to the
land) ........................................... 19
27 Relocation and renumbering of s 93 (Things done by, or given
to, responsible Ministers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Omission of chs 3 and 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
29 Amendment of s 104 (Relevant water entities). . . . . . . . . . . . . . . 20
30 Amendment of s 105 (Transfer of shares, assets, liabilities etc. to
relevant water entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Amendment of s 110 (Non-liability for State taxes) . . . . . . . . . . . 21
32 Replacement of s 111 (Preservation of rights of transferred
employee) ....................................... 22
111 Rights of transferred employees etc. . . . . . . . . . . . . . 22
33 Omission of s 112 (Prohibition on retrenchment because of
transfer of employee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Insertion of new ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Chapter 7 Transitional provisions for South East
Queensland Water (Restructuring) and Other
Legislation Amendment Act 2012
118 Application of former ss 111 and 112 to employees
transferred from WaterSecure to Queensland Bulk
Water Supply Authority. . . . . . . . . . . . . . . . . . . . . . . . 23
119 Continuation of repealed evidentiary provision
relating to the project . . . . . . . . . . . . . . . . . . . . . . . . . 24
35 Omission of sch 1 (Local governments that are water entities) . . 25
Page 2
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
36 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3 Amendments commencing on proclamation
37 Replacement of ch 2, hdg (Water grid manager and bulk water
supply authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Amendment of s 6 (Establishment of new water entities). . . . . . . 26
39 Amendment of s 9 (Functions of new water entities other than
the water grid manager) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Omission of s 10 (Functions of the water grid manager) . . . . . . . 27
41 Replacement of s 11 (Functions to be carried out commercially) 27
11 Functions to be carried out commercially. . . . . . . . . . 27
42 Amendment of s 16 (Appointment of members). . . . . . . . . . . . . . 27
43 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
50A Strategic and operational plans must not be
inconsistent with statement of obligations . . . . . . . . . 28
44 Amendment of s 51 (Content of operational plan) . . . . . . . . . . . . 28
45 Insertion of new ch 2, pt 4, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5 Statement of obligations
51A Issue of statement of obligations . . . . . . . . . . . . . . . . 29
51B Consultation with the board before issuing statement
of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
51C Content of statement of obligations . . . . . . . . . . . . . . 29
51D Expiry of statement of obligations . . . . . . . . . . . . . . . 30
46 Amendment of s 104 (Relevant water entities). . . . . . . . . . . . . . . 30
47 Insertion of new ss 120 and 121 . . . . . . . . . . . . . . . . . . . . . . . . . 30
120 Strategic and operational plans for 2013-14 financial
year ................................. 30
121 Authority to give final quarterly report for LinkWater
or water grid manager . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 4 Amendment of Water Act 2000
48 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Amendment of s 212A (Applying for transmission water licence) 32
50 Amendment of s 340 (Main purpose of ch 2A and its
achievement) .................................. 32
51 Replacement of ch 2A, pts 2 to 7 . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 2 Water security planning
Division 1 Designation of regions and nomination of
water service providers
342 Designation of regions . . . . . . . . . . . . . . . . . . . . . . . . 33
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
343 Nomination of water service providers . . . . . . . . . . . . 33
Division 2 Desired level of service objectives
344 Desired level of service objectives . . . . . . . . . . . . . . . 34
345 Public notice about proposed desired level of service
objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
346 Chief executive must consider properly made
submissions ............................ 36
347 Report on desired level of service objectives . . . . . . . 36
348 Review of desired level of service objectives . . . . . . . 37
Division 3 Water security program
Subdivision 1 Preliminary
349 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 2 Requirement for water security program
350 Bulk water supply authority to have water security
program ................................ 37
351 Nominated water service providers to have water
security program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
352 Particular water service providers to have water
security program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
353 Content of water security program . . . . . . . . . . . . . . . 38
Subdivision 3 Preparing and finalising water security
program
354 Preparing draft water security program . . . . . . . . . . . 39
355 Consultation for draft water security program. . . . . . . 39
356 Chief executive to review draft water security program 39
357 Special procedures for draft water security program if
changes recommended . . . . . . . . . . . . . . . . . . . . . . . 40
358 Finalisation and publication of water security program 41
Subdivision 4 Review and amendment of water security
program
359 Review of water security program . . . . . . . . . . . . . . . 41
360 Amendment of water security program. . . . . . . . . . . . 42
360A Procedure for amending water security program . . . . 42
Subdivision 5 Miscellaneous provision
360B Designated water security entity not required to
prepare drought management plan under Water
Supply Act ............................ 42
Part 3 Arrangements for SEQ region
Division 1 Preliminary
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
360C Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
360D Operation of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
360E Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
360F Obtaining information . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 2 Bulk water supply agreements
360G Making agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
360H Bulk water party may amend non-mandatory terms
of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
360I Minister's direction about agreement amendment . . . 46
360J Offence to fail to comply with Minister's direction
about agreement amendment . . . . . . . . . . . . . . . . . . 47
360K Record of bulk water supply agreements . . . . . . . . . . 47
360L Liability of bulk water parties . . . . . . . . . . . . . . . . . . . 47
Division 3 Bulk water supply code
Subdivision 1 General provisions about code
360M Minister's power to make code . . . . . . . . . . . . . . . . . . 50
360N Content of code--costs and prices . . . . . . . . . . . . . . 50
360O Content of code--general . . . . . . . . . . . . . . . . . . . . . 51
360P When code takes effect . . . . . . . . . . . . . . . . . . . . . . . 51
360Q Tabling of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
360R Publication of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
360S Compliance with code . . . . . . . . . . . . . . . . . . . . . . . . 52
360T Civil liability not affected by code . . . . . . . . . . . . . . . . 52
Subdivision 2 Process for making or amending code
360U Consultation for code . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 4 Supply of bulk services
360V Supply under bulk water supply agreement . . . . . . . . 53
360W Minister may decide cost or price . . . . . . . . . . . . . . . . 54
360X Amended cost or price . . . . . . . . . . . . . . . . . . . . . . . . 55
360Y Limitation of review. . . . . . . . . . . . . . . . . . . . . . . . . . . 55
360Z Minister's direction about bulk services supplied by
SEQ service provider . . . . . . . . . . . . . . . . . . . . . . . . . 55
52 Amendment of s 361 (Purpose of ch 3) . . . . . . . . . . . . . . . . . . . . 56
53 Amendment of s 365 (Declaring cumulative management areas) 56
54 Amendment of s 368 (Who is a responsible entity) . . . . . . . . . . . 57
55 Amendment of s 370 (Obligation to give underground water
impact report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
56 Amendment of s 372 (Obligation to give notice of
closure--general) ................................ 57
57 Amendment of s 374 (Obligation to give final report) . . . . . . . . . . 57
58 Amendment of s 376 (Content of underground water impact
report) ........................................ 57
59 Amendment of s 377 (Content of final report) . . . . . . . . . . . . . . . 58
60 Amendment of s 378 (Content of water monitoring strategy) . . . . 58
61 Amendment of s 379 (Content of spring impact management
strategy) ................................... 58
62 Amendment of s 380 (Identifying responsible tenure holders for
cumulative management areas) . . . . . . . . . . . . . . . . . . . . . . . . . . 58
63 Amendment of s 385 (Decision on report) . . . . . . . . . . . . . . . . . . 58
64 Amendment of s 391 (Minor or agreed amendments of approved
report) ....................................... 59
65 Amendment of s 393 (Other amendments) . . . . . . . . . . . . . . . . . 59
66 Amendment of s 405 (Notice of outcome of baseline
assessment) .................................. 59
67 Amendment of s 419 (Notice of outcome of bore assessment) . . 59
68 Omission of ch 3, pt 7 (Functions and powers of commission) . . 59
69 Amendment of s 449 (Chief executive may direct petroleum
tenure holder to carry out water monitoring activities) . . . . . . . . . 60
70 Insertion of new ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Chapter 3A Office of Groundwater Impact Assessment
Part 1 General provisions about the office
Division 1 Establishment
455 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2 Functions and powers
456 Functions of office . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
457 General powers of office. . . . . . . . . . . . . . . . . . . . . . . 61
458 Advice to chief executive . . . . . . . . . . . . . . . . . . . . . . 61
459 Office to keep and maintain database . . . . . . . . . . . . 61
460 Obtaining information about underground water from
petroleum tenure holders . . . . . . . . . . . . . . . . . . . . . . 62
461 Advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3 Membership of the office
462 Membership of office . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 4 Staff of the office
Subdivision 1 Manager of the office
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
463 Manager of the office . . . . . . . . . . . . . . . . . . . . . . . . . 63
464 Appointment of manager . . . . . . . . . . . . . . . . . . . . . . 63
465 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . 63
466 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 64
467 Functions of the manager. . . . . . . . . . . . . . . . . . . . . . 64
468 Powers of the manager . . . . . . . . . . . . . . . . . . . . . . . 64
469 Independence in performing functions . . . . . . . . . . . . 65
470 Manager not to engage in other paid employment . . . 65
471 Vacancy in office of manager . . . . . . . . . . . . . . . . . . . 65
472 Termination of appointment . . . . . . . . . . . . . . . . . . . . 65
473 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
474 Preservation of rights as public service officer . . . . . . 66
475 Superannuation if previously a public service officer . 67
Subdivision 2 Other staff of the office
476 Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
477 Alternative staffing arrangements. . . . . . . . . . . . . . . . 67
Part 2 Funding for office
478 Groundwater Impact Assessment Fund . . . . . . . . . . . 68
479 Annual levy for underground water management 68
480 Payment of amounts into Groundwater Impact
Assessment Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
481 Payment of amounts from Groundwater Impact
Assessment Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
482 Administration of Groundwater Impact Assessment
Fund ............................... 70
Part 3 Miscellaneous provisions
483 Public access to database . . . . . . . . . . . . . . . . . . . . . 70
484 Petroleum tenure holder access to information . . . . . 71
71 Amendment of s 739 (Appointment and qualifications of
authorised officers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
72 Omission of s 748A (Power of entry for monitoring commission
water restrictions and water efficiency management plans). . . . . 71
73 Amendment of s 749 (Power to enter places for other purposes) 72
74 Amendment of s 932 (Who may bring proceedings for offences). 72
75 Amendment of s 1013 (Approved forms) . . . . . . . . . . . . . . . . . . . 72
76 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 72
77 Insertion of new ch 9, pt 5, div 19. . . . . . . . . . . . . . . . . . . . . . . . . 72
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
Division 19 Transitional provisions for South East
Queensland Water (Restructuring) and Other
Legislation Amendment Act 2012
Subdivision 1 Preliminary
1210 Definitions for div 19 . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Subdivision 2 Provisions relating to annual levies
1211 Transfer of funds into Groundwater Impact
Assessment Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
1212 Notices to pay levy . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Subdivision 3 Transfer of particular authorities to bulk water
supply authority
1213 Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 75
1214 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 76
1215 Transfer scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
1216 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
1217 Process after transfer notice. . . . . . . . . . . . . . . . . . . . 79
1218 Continuing authorities. . . . . . . . . . . . . . . . . . . . . . . . . 79
1219 References in supply agreements to particular
transferring entities . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Subdivision 4 Provisions for ending the water market
1220 Definitions for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 81
1221 Existing grid contracts . . . . . . . . . . . . . . . . . . . . . . . . 81
1222 Existing customer contracts . . . . . . . . . . . . . . . . . . . . 82
1223 Market rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
1224 Consultation for first code. . . . . . . . . . . . . . . . . . . . . . 82
1225 Transitional regulation-making power for market rules
and contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Subdivision 5 Miscellaneous provisions
1226 Continuation of system operating plan . . . . . . . . . . . . 83
1227 Delayed application of ss 350-352. . . . . . . . . . . . . . . 84
1228 Notice to prepare water efficiency management plan
given before commencement of no effect. . . . . . . . . . 84
1229 Water efficiency management plan made before
commencement of no effect . . . . . . . . . . . . . . . . . . . . 84
1230 Commission water restriction imposed before
commencement of no effect . . . . . . . . . . . . . . . . . . . . 85
1231 Particular underground water impact reports taken to
have been given by the office . . . . . . . . . . . . . . . . . . . 85
1232 Expenditure Advisory Committee . . . . . . . . . . . . . . . . 85
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
1233 First manager of the office . . . . . . . . . . . . . . . . . . . . . 86
1234 Transitional regulation-making power for former
commission and office . . . . . . . . . . . . . . . . . . . . . . . . 86
78 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 87
Part 5 Amendment of Water Fluoridation Act 2008
79 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
80 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
6A Meaning of eligible relevant public potable water
supply ............................... 89
81 Replacement of s 7 (Requirement to add fluoride to relevant
public potable water supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
7 Requirement to add fluoride to relevant public potable
water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
82 Amendment of s 8 (Exemption from requirement to add fluoride
to relevant public potable water supply) . . . . . . . . . . . . . . . . . . . . 91
83 Amendment of s 9 (When applicant not required to comply with
s 7) ........................................ 92
84 Amendment of s 10 (Minister may refuse vexatious application) . 93
85 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Part 12 Transitional provision for South East
Queensland Water (Restructuring) and Other
Legislation Amendment Act 2012
102 Applications for exemption . . . . . . . . . . . . . . . . . . . . . 93
86 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 93
Part 6 Amendment of Water Supply (Safety and Reliability) Act
2008
87 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
88 Amendment of s 13 (Requirement for responsible entity to give
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
89 Amendment of s 41 (Restricting water supply outside the SEQ
region) ..................................... 94
90 Amendment of s 42 (Regulator may direct restriction) . . . . . . . . . 95
91 Amendment of s 51 (Application of div 6). . . . . . . . . . . . . . . . . . . 96
92 Amendment of s 52 (When water efficiency management plan
may be required) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
93 Amendment of s 132 (Application of div 7). . . . . . . . . . . . . . . . . . 96
94 Amendment of s 138 (Guidelines for rate notice or account for
supply of water to residential premises) . . . . . . . . . . . . . . . . . . . . 96
95 Amendment of s 139 (Service provider to give occupier water
advice) ......................................... 97
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Contents
96 Amendment of s 169 (Restricting domestic water supply in
particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
97 Amendment of s 318 (Meaning of relevant location for a drinking
water service provider) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
98 Insertion of new s 356A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
356A Compliance with safety or development condition . . . 97
99 Amendment of s 497 (Limitation on who may bring particular
proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
100 Amendment of s 579 (Regulator may share particular
information) .................................... 98
101 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 98
Part 7 Minor and consequential amendments
102 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Part 1 Amendments commencing on assent
Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Part 2 Amendments commencing by proclamation
Energy and Water Ombudsman Act 2006 . . . . . . . . . . . . . . . . . . 102
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
South East Queensland Water (Restructuring) Act 2007 . . . . . . . 103
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Page 10
2012
A Bill
for
An Act to amend the South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009, the South East
Queensland Water (Restructuring) Act 2007, the Water Act
2000, the Water Fluoridation Act 2008 and the Water Supply
(Safety and Reliability) Act 2008 to facilitate the restructuring of
the South East Queensland bulk water industry and for other
purposes, and to make minor or consequential amendments of
Acts as stated in the schedule
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the South East Queensland Water 4
(Restructuring) and Other Legislation Amendment Act 2012. 5
Clause 2 Commencement 6
The following provisions commence on a day to be fixed by 7
proclamation-- 8
· parts 2 and 6 9
· part 3, division 3 10
· part 4, other than to the extent it amends the Water Act 11
2000 to insert chapter 9, part 5, division 19, subdivisions 12
1 and 3 13
· schedule, part 2. 14
Part 2 Amendment of South-East 15
Queensland Water (Distribution 16
and Retail Restructuring) Act 17
2009 18
Clause 3 Act amended 19
This part amends the South-East Queensland Water 20
(Distribution and Retail Restructuring) Act 2009. 21
Page 12
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 4]
Clause 4 Amendment of s 4 (Achievement of purposes) 1
Section 4(2)(a), note-- 2
omit. 3
Clause 5 Amendment of s 11 (Functions) 4
Section 11(1)(a)-- 5
omit, insert-- 6
`(a) purchase water;'. 7
Clause 6 Amendment of s 36 (Disqualifications for independent 8
member) 9
(1) Section 36(c)-- 10
omit. 11
(2) Section 36(f)(ii), `a new water entity'-- 12
omit, insert-- 13
`the Queensland Bulk Water Supply Authority established'. 14
(3) Section 36(d) to (f)-- 15
renumber as section 36(c) to (e). 16
Clause 7 Amendment of s 49A (Individual directions) 17
(1) Section 49A(2)(b)-- 18
omit. 19
(2) Section 49A(2)(c)-- 20
renumber as section 49A(2)(b). 21
Clause 8 Omission of s 53AE (Provision for market rules) 22
Section 53AE-- 23
omit. 24
Page 13
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 9]
Clause 9 Omission of s 92CT (Provision for market rules) 1
Section 92CT-- 2
omit. 3
Clause 10 Omission of ch 4, pt 3A (Code administration) 4
Chapter 4, part 3A-- 5
omit. 6
Clause 11 Amendment of s 99AT (Restricting water supply) 7
Section 99AT(1)(b)(ii), `or commission water restriction 8
under the Water Act'-- 9
omit, insert-- 10
`under the Water Supply Act, section 41'. 11
Clause 12 Amendment of s 99BB (Public notice about availability of 12
draft code) 13
Section 99BB(1)(d), `commission'-- 14
omit, insert-- 15
`chief executive'. 16
Clause 13 Amendment of s 99BQ (Matters SEQ service provider 17
must have regard to in making plan) 18
(1) Section 99BQ(1)(a), examples, third dot point-- 19
omit. 20
(2) Section 99BQ(1)(d), `commission'-- 21
omit, insert-- 22
`chief executive'. 23
Page 14
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 14]
Clause 14 Omission of ch 5, pt 2 (Local government price mitigation 1
documents) 2
Chapter 5, part 2-- 3
omit. 4
Clause 15 Amendment of s 99BZD (Compensation by local 5
governments for particular matters) 6
(1) Section 99BZD(1)(c)-- 7
omit. 8
(2) Section 99BZD(1)(d)-- 9
renumber as section 99BZD(1)(c). 10
Clause 16 Amendment of s 100C (Commission may make 11
guidelines) 12
(1) Section 100C, heading, `Commission'-- 13
omit, insert-- 14
`Chief executive'. 15
(2) Section 100C, `commission'-- 16
omit, insert-- 17
`chief executive'. 18
Clause 17 Amendment of s 100DA (Requirement for SEQ service 19
provider to give information) 20
Section 100DA(1) and (2), `commission'-- 21
omit, insert-- 22
`chief executive'. 23
Clause 18 Amendment of s 100F (Application of Water Supply Act 24
enforcement provisions for particular offences) 25
(1) Section 100F(1)(b)-- 26
Page 15
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 19]
omit. 1
(2) Section 100F(1)(c)-- 2
renumber as section 100F(1)(b). 3
(3) Section 100F(3)(b)-- 4
omit. 5
(4) Section 100F(3)(c), `subsection (1)(c)'-- 6
omit, insert-- 7
`subsection (1)(b)'. 8
(5) Section 100F(3)(c)-- 9
renumber as section 100F(3)(b). 10
Clause 19 Amendment of s 101 (Approved forms) 11
Section 101, `commissioner under the Water Act'-- 12
omit, insert-- 13
`chief executive of the department in which the Water Supply 14
Act is administered'. 15
Clause 20 Insertion of new ch 6, pt 8 16
Chapter 6-- 17
insert-- 18
Page 16
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 21]
`Part 8 Transitional provision for South 1
East Queensland Water 2
(Restructuring) and Other 3
Legislation Amendment Act 4
2012 5
`130 Effect of SEQ design and construction code 6
`(1) This section applies to the SEQ design and construction code 7
in effect for each SEQ service provider immediately before 8
the commencement of this section. 9
`(2) On the commencement, the SEQ design and construction 10
code continues as the SEQ design and construction code 11
adopted by the SEQ service provider under this Act.'. 12
Clause 21 Amendment of schedule (Dictionary) 13
Schedule, definitions commission and final price path-- 14
omit. 15
Part 3 Amendment of South East 16
Queensland Water 17
(Restructuring) Act 2007 18
Division 1 Preliminary 19
Clause 22 Act amended 20
This part amends the South East Queensland Water 21
(Restructuring) Act 2007. 22
Page 17
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 23]
Note-- 1
See also the amendments in the schedule. 2
Division 2 Amendments commencing on 3
assent 4
Clause 23 Amendment of s 6 (Establishment of new water entities) 5
(1) Section 6(1)(c)-- 6
omit. 7
(2) Section 6(1)(d)-- 8
renumber as section 6(1)(c). 9
Clause 24 Amendment of s 9 (Functions of new water entities other 10
than the water grid manager) 11
(1) Section 9(2)-- 12
insert-- 13
`(fa) undertaking, with the State and service providers, 14
collaborative planning activities with a view to doing 15
each of the following and having regard to supply and 16
demand-- 17
(i) supporting cost-effective operations; 18
(ii) promoting efficient use of and investment in water 19
infrastructure and other ancillary infrastructure; 20
(iii) ensuring the safe, secure and reliable supply of 21
water;'. 22
(2) Section 9(2)(g), `(f)'-- 23
omit, insert-- 24
`(g)'. 25
(3) Section 9(2)(fa) to (h)-- 26
renumber as section 9(2)(g) to (i). 27
Page 18
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 25]
(4) Section 9(3), `Seqwater'-- 1
omit, insert- 2
`the Queensland Bulk Water Supply Authority'. 3
(5) Section 9-- 4
insert-- 5
`(4) In this section-- 6
service provider see the Water Act 2000, schedule 4. 7
water infrastructure see the Water Act 2000, schedule 4.'. 8
Clause 25 Amendment of s 11 (Functions to be carried out 9
commercially) 10
Section 11(2) and (3), `water entity'-- 11
omit, insert-- 12
`new water entity'. 13
Clause 26 Amendment, relocation and renumbering of s 89 (Entry 14
to, and use of, water entity's land after transfer of asset 15
attached to the land) 16
(1) Section 89-- 17
insert-- 18
`(12) In this section-- 19
repealed, in relation to a provision of this Act, means the 20
provision as it was in force immediately before its repeal by 21
the South East Queensland Water (Restructuring) and Other 22
Legislation Amendment Act 2012. 23
transfer notice has the meaning given under repealed section 24
67. 25
water entity has the meaning given under repealed section 26
65.'. 27
Page 19
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 27]
(2) Section 89-- 1
relocate and renumber as section 116A. 2
Clause 27 Relocation and renumbering of s 93 (Things done by, or 3
given to, responsible Ministers) 4
Section 93-- 5
relocate and renumber as section 116B. 6
Clause 28 Omission of chs 3 and 4 7
Chapters 3 and 4-- 8
omit. 9
Clause 29 Amendment of s 104 (Relevant water entities) 10
Section 104(1)-- 11
insert-- 12
`(ca) the Queensland Water Commission;'. 13
Clause 30 Amendment of s 105 (Transfer of shares, assets, 14
liabilities etc. to relevant water entity) 15
(1) Section 105(1)-- 16
insert-- 17
`(la) the application of a particular industrial instrument to-- 18
(i) the employees mentioned in paragraph (l); or 19
(ii) the relevant water entity to which the employees 20
mentioned in paragraph (l) are transferred; or 21
(iii) other employees of the relevant water entity 22
mentioned in subparagraph (ii);'. 23
(2) Section 105(1)(la) to (n)-- 24
renumber as section 105(1)(m) to (o). 25
Page 20
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 31]
(3) Section 105-- 1
insert-- 2
`(2A) Without limiting subsection (2), to remove any doubt it is 3
declared that a regulation made under section 105(1)(m) 4
applies despite-- 5
(a) the Industrial Relations Act 1999; and 6
(b) any industrial instrument.'. 7
(4) Section 105-- 8
insert-- 9
`(4A) Without limiting subsection (1), a regulation may make 10
provision about accounting treatment in relation to a matter 11
mentioned in subsection (1).'. 12
(5) Section 105(6), definitions authority and instrument-- 13
omit. 14
(6) Section 105(6)-- 15
insert-- 16
`industrial instrument see the Public Service Act 2008, 17
schedule 4.'. 18
(7) Section 105(2A) to (6)-- 19
renumber as section 105(3) to (8). 20
Clause 31 Amendment of s 110 (Non-liability for State taxes) 21
(1) Section 110(1) and (2)-- 22
omit, insert-- 23
`(1) A relevant water entity is not liable to pay a State tax in 24
relation to-- 25
(a) a transfer of a share, business, asset, liability or 26
instrument, or any other thing done, under a regulation 27
made under section 105; or 28
Page 21
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 32]
(b) another dealing affecting a share, business, asset, 1
liability or instrument as part of a restructure of a 2
relevant water entity under a regulation made under 3
section 105.'. 4
(2) Section 110(3)-- 5
renumber as section 110(2). 6
Clause 32 Replacement of s 111 (Preservation of rights of 7
transferred employee) 8
Section 111-- 9
omit, insert-- 10
`111 Rights of transferred employees etc. 11
`(1) This section applies if there is a transfer of an employee (a 12
transferred employee) from a relevant water entity (the 13
transferor) to another relevant water entity (the transferee) 14
under a regulation made under section 105. 15
`(2) The transfer does not-- 16
(a) reduce the transferred employee's total remuneration; or 17
(b) prejudice the transferred employee's existing or 18
accruing rights to superannuation or recreation, sick, 19
long service or other leave; or 20
(c) interrupt continuity of service, except that the 21
transferred employee is not entitled to claim the benefit 22
of a right or entitlement more than once in relation to the 23
same period of service; or 24
(d) constitute a termination, retrenchment or redundancy of 25
the transferred employee's employment by the 26
transferor; or 27
(e) entitle the transferred employee to a payment or other 28
benefit merely because he or she is no longer employed 29
by the transferor; or 30
(f) require the transferor to make any payment in relation to 31
the transferred employee's accrued rights to recreation, 32
Page 22
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 33]
sick, long service or other leave irrespective of any 1
arrangement between the transferor and the transferred 2
employee. 3
`(3) The transfer has effect despite any other contract, law or 4
instrument. 5
`(4) If the regulation mentioned in subsection (1) provides for the 6
application of a particular industrial instrument to an 7
employee of the transferee other than a transferred employee, 8
the provision does not reduce the other employee's total 9
remuneration.'. 10
Clause 33 Omission of s 112 (Prohibition on retrenchment because 11
of transfer of employee) 12
Section 112-- 13
omit. 14
Clause 34 Insertion of new ch 7 15
After chapter 6-- 16
insert-- 17
`Chapter 7 Transitional provisions for 18
South East Queensland 19
Water (Restructuring) and 20
Other Legislation 21
Amendment Act 2012 22
`118 Application of former ss 111 and 112 to employees 23
transferred from WaterSecure to Queensland Bulk 24
Water Supply Authority 25
`(1) This section applies to employees transferred from 26
WaterSecure to the Authority under a regulation made under 27
section 105. 28
Page 23
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 34]
`(2) On the commencement of this section-- 1
(a) former sections 111 and 112 stop applying for the 2
transferred employees; and 3
(b) any requirement in a document for the Authority to act 4
in accordance with former section 112 no longer 5
applies. 6
`(3) In this section-- 7
Authority means the Queensland Bulk Water Supply 8
Authority. 9
former, in relation to a provision, means as in force 10
immediately before the replacement or repeal of the provision 11
by the South East Queensland Water (Restructuring) and 12
Other Legislation Amendment Act 2012. 13
WaterSecure means the Queensland Manufactured Water 14
Authority previously established under former section 6. 15
`119 Continuation of repealed evidentiary provision 16
relating to the project 17
`(1) Repealed section 95, as it was in force immediately before the 18
commencement of this section, continues to apply despite its 19
repeal. 20
`(2) For subsection (1), a term used in repealed section 95 has the 21
meaning given under this Act as it was in force immediately 22
before the commencement of this section. 23
Note-- 24
Repealed section 95 provided for-- 25
· a certificate signed by the Minister to be evidence of particular 26
matters relating to the project; and 27
· a copy of a project direction certified by the Minister to be evidence 28
of the direction.'. 29
Page 24
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 35]
Clause 35 Omission of sch 1 (Local governments that are water 1
entities) 2
Schedule 1-- 3
omit. 4
Clause 36 Amendment of sch 3 (Dictionary) 5
(1) Schedule 3, definitions certified agreement, 6
Esk-Gatton-Laidley Water Board, infrastructure department, 7
instrument, person involved in the project, project, project 8
direction, Seqwater, SunWater, transfer notice, treasury 9
department, Water Act, water activity, water entity, Water 10
regulation, WaterSecure and Water Supply Act-- 11
omit. 12
(2) Schedule 3-- 13
insert-- 14
`instrument means any document, and includes-- 15
(a) an oral agreement; and 16
(b) an application; and 17
(c) an accreditation, allocation, approval, certificate, 18
entitlement, exemption, licence, manual, notice, permit, 19
plan and any other authority. 20
Water Supply Act means the Water Supply (Safety and 21
Reliability) Act 2008.'. 22
Division 3 Amendments commencing on 23
proclamation 24
Clause 37 Replacement of ch 2, hdg (Water grid manager and bulk 25
water supply authorities) 26
Chapter 2, heading-- 27
Page 25
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 38]
omit, insert-- 1
`Chapter 2 Queensland Bulk Water 2
Supply Authority'. 3
Clause 38 Amendment of s 6 (Establishment of new water entities) 4
(1) Section 6, heading, `new water entities'-- 5
omit, insert-- 6
`Queensland Bulk Water Supply Authority'. 7
(2) Section 6(1)-- 8
omit, insert-- 9
`(1) The Queensland Bulk Water Supply Authority (the Authority) 10
continues in existence.'. 11
(3) Section 6(2) and (3), `A new water entity'-- 12
omit, insert-- 13
`The Authority'. 14
Clause 39 Amendment of s 9 (Functions of new water entities other 15
than the water grid manager) 16
(1) Section 9, heading-- 17
omit, insert-- 18
`9 Functions of Authority'. 19
(2) Section 9(1)-- 20
omit. 21
(3) Section 9(2), `A new water entity'-- 22
omit, insert-- 23
`The Authority'. 24
(4) Section 9(2)(b), example, `the entity's'-- 25
omit, insert-- 26
Page 26
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 40]
`the Authority's'. 1
(5) Section 9(2)(f), `the entity's'-- 2
omit, insert-- 3
`its'. 4
(6) Section 9(3), `Queensland Bulk Water Supply Authority'-- 5
omit, insert-- 6
`Authority'. 7
(7) Section 9(2) to (4)-- 8
renumber as section 9(1) to (3). 9
Clause 40 Omission of s 10 (Functions of the water grid manager) 10
Section 10-- 11
omit. 12
Clause 41 Replacement of s 11 (Functions to be carried out 13
commercially) 14
Section 11-- 15
omit, insert-- 16
`11 Functions to be carried out commercially 17
`(1) The Authority must carry out its functions as a commercial 18
enterprise. 19
`(2) Subsection (1) does not apply to the extent the Authority is 20
required under this Act to perform a community service 21
obligation other than as a commercial enterprise.'. 22
Clause 42 Amendment of s 16 (Appointment of members) 23
(1) Section 16(3)(c)-- 24
omit. 25
Page 27
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 43]
(2) Section 16(3)(d) and (e)-- 1
renumber as section 16(3)(c) and (d). 2
Clause 43 Insertion of new s 50A 3
After section 50-- 4
insert-- 5
`50A Strategic and operational plans must not be 6
inconsistent with statement of obligations 7
`(1) This section applies if the Authority has a statement of 8
obligations when the strategic or operational plan for a 9
financial year is agreed to in writing by the responsible 10
Ministers. 11
`(2) The strategic or operational plan must not be inconsistent with 12
the statement of obligations.'. 13
Clause 44 Amendment of s 51 (Content of operational plan) 14
Section 51(c)-- 15
insert-- 16
`(v) if the Authority has a statement of obligations 17
when the operational plan is agreed to in writing by 18
the responsible Ministers--the activities proposed 19
to be undertaken by the Authority in accordance 20
with the statement of obligations; and'. 21
Clause 45 Insertion of new ch 2, pt 4, div 5 22
Chapter 2, part 4-- 23
insert-- 24
Page 28
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 45]
`Division 5 Statement of obligations 1
`51A Issue of statement of obligations 2
`(1) The responsible Ministers may issue a statement of 3
obligations to the Authority from time to time. 4
`(2) A statement of obligations issued to the Authority has effect 5
until it expires under section 51D or it is revoked by the 6
responsible Ministers, whichever happens first. 7
`(3) To the extent the Authority's statement of obligations is 8
inconsistent with another instrument made under this or 9
another Act, the other instrument prevails. 10
`51B Consultation with the board before issuing statement 11
of obligations 12
`(1) Before issuing a statement of obligations to the Authority, the 13
responsible Ministers must-- 14
(a) give the board a copy of the proposed statement of 15
obligations and ask the board for its comments; and 16
(b) consider any comments given to them by the board 17
under subsection (2). 18
`(2) The board may give the responsible Ministers comments on 19
the proposed statement of obligations within 30 days after it is 20
given to the board. 21
`51C Content of statement of obligations 22
`(1) A statement of obligations may contain provisions about the 23
strategic or operational activities of the Authority in the 24
performance of its functions. 25
`(2) Without limiting subsection (1), a statement of obligations 26
may include provisions about-- 27
(a) governance; or 28
(b) quality and performance standards; or 29
Page 29
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 46]
(c) customer and community consultation; or 1
(d) total water cycle management. 2
`51D Expiry of statement of obligations 3
`A statement of obligations expires 3 years after the day the 4
statement is issued to the Authority, unless it is revoked earlier 5
by the responsible Ministers.'. 6
Clause 46 Amendment of s 104 (Relevant water entities) 7
Section 104(1)(c) and (ca)-- 8
omit. 9
Clause 47 Insertion of new ss 120 and 121 10
Chapter 7-- 11
insert-- 12
`120 Strategic and operational plans for 2013-14 financial 13
year 14
`(1) This section applies if all or part of the business of LinkWater 15
or the water grid manager is transferred to the Authority under 16
a regulation made under section 105 during the period starting 17
on 1 December 2012 and ending on 30 June 2013. 18
`(2) The time within which the board must prepare and submit, 19
under section 45, a draft of the strategic and operational plans 20
for the 2013-14 financial year is the time agreed between the 21
board and the responsible Ministers. 22
`(3) If a draft plan has not been agreed to within 1 month after its 23
submission to the responsible Ministers, the responsible 24
Ministers may give a direction under section 46(3). 25
`(4) The period for which the strategic or operational plan applies 26
is-- 27
(a) the remainder of the 2013-14 financial year; and 28
Page 30
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 48]
(b) if the Authority and the responsible Ministers agree the 1
plan is also to apply for the following financial 2
year--the following financial year. 3
`(5) In this section-- 4
2013-14 financial year means the financial year ending on 30 5
June 2014. 6
LinkWater means the Queensland Bulk Water Transport 7
Authority previously established under section 6. 8
water grid manager means the SEQ Water Grid Manager 9
previously established under section 6. 10
`121 Authority to give final quarterly report for LinkWater 11
or water grid manager 12
`(1) This section applies if all or part of the business of LinkWater 13
or the water grid manager is transferred to the Authority under 14
a regulation made under section 105. 15
`(2) The Authority must give the responsible Ministers the final 16
quarterly report for LinkWater or the water grid manager. 17
`(3) This section does not limit section 109. 18
`(4) In this section-- 19
final quarterly report, for LinkWater or the water grid 20
manager, means the quarterly report under section 36 for the 21
final quarter of the entity's operation. 22
LinkWater see section 120. 23
water grid manager see section 120.'. 24
Part 4 Amendment of Water Act 2000 25
Clause 48 Act amended 26
This part amends the Water Act 2000. 27
Page 31
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 49]
Note-- 1
See also the amendments in the schedule. 2
Clause 49 Amendment of s 212A (Applying for transmission water 3
licence) 4
(1) Section 212A(1)(a), `water grid manager'-- 5
omit, insert-- 6
`bulk water supply authority'. 7
(2) Section 212A(3), from `a declared' to `manager'-- 8
omit, insert-- 9
`bulk services under a bulk water supply agreement, the bulk 10
water supply authority'. 11
Clause 50 Amendment of s 340 (Main purpose of ch 2A and its 12
achievement) 13
Section 340(2)-- 14
omit, insert-- 15
`(2) The purpose is achieved by-- 16
(a) providing for the desired level of service objectives for 17
water security in the SEQ region and designated 18
regions; and 19
(b) requiring the bulk water supply authority and water 20
service providers for designated regions to have a water 21
security program including plans and strategies to 22
facilitate the achievement of the desired level of service 23
objectives; and 24
(c) optimising an efficient and reliable supply of water for 25
the SEQ region by providing for the making of-- 26
(i) agreements for the supply of bulk services between 27
SEQ bulk suppliers and bulk water customers; and 28
(ii) a code to decide costs and prices and to regulate 29
the way in which entities supply bulk services.'. 30
Page 32
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 51]
Clause 51 Replacement of ch 2A, pts 2 to 7 1
Chapter 2A, parts 2 to 7-- 2
omit, insert-- 3
`Part 2 Water security planning 4
`Division 1 Designation of regions and 5
nomination of water service 6
providers 7
`342 Designation of regions 8
`(1) A regulation may designate a part of the state other than the 9
SEQ region as a designated region for this part. 10
`(2) Before recommending the making of a regulation under 11
subsection (1), the Minister must-- 12
(a) have regard to-- 13
(i) the geography, society and economy of the 14
proposed designated region; and 15
(ii) water users and potential water users in the 16
proposed designated region; and 17
(b) consider options for achieving water security for the 18
proposed designated region; and 19
(c) consult with each local government whose local 20
government area is wholly or partly in the proposed 21
designated region. 22
`(3) The Minister may carry out the consultation in any way the 23
Minister considers appropriate. 24
`343 Nomination of water service providers 25
`(1) This section applies if there is more than 1 water service 26
provider for a designated region. 27
`(2) A regulation may nominate 1 or more of the water service 28
providers as a water service provider (a nominated water 29
Page 33
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 51]
service provider) for the designated region or a part of the 1
region for this part. 2
`Division 2 Desired level of service objectives 3
`344 Desired level of service objectives 4
`(1) A regulation may prescribe-- 5
(a) the desired level of service objectives for water security 6
for the SEQ region, or part of the SEQ region; or 7
(b) the desired level of service objectives for water security 8
for a designated region, or part of the designated region. 9
`(2) The Minister may recommend to the Governor in Council a 10
regulation under subsection (1) only if the Minister is satisfied 11
sections 345 and 346 have been complied with for the 12
regulation. 13
`(3) However, the Minister may recommend to the Governor in 14
Council a regulation under subsection (1) that is only to 15
correct a minor error or make another change that is not a 16
change of substance even though only section 345 has been 17
complied with for the regulation. 18
`(4) Without limiting subsection (1), the desired level of service 19
objectives for water security include the duration, frequency 20
and severity of water restrictions that may be expected by end 21
users of the water. 22
`345 Public notice about proposed desired level of service 23
objectives 24
`(1) Before a regulation is made under section 344 to prescribe the 25
desired level of service objectives for water security for the 26
SEQ region, a designated region or a part of the SEQ region or 27
a designated region, the chief executive must publish a notice 28
about the regulation. 29
`(2) The notice must state the following-- 30
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(a) that the desired level of service objectives for water 1
security (the proposed desired level of service 2
objectives) are to be prescribed; 3
(b) the region or the part of the region for which the 4
proposed desired level of service objectives for water 5
security are to apply; 6
(c) a description of the proposed desired level of service 7
objectives; 8
(d) that written submissions may be made by any entity 9
about the proposed level of service objectives; 10
(e) the day by which submissions must be made and the 11
person to whom, and the place where, the submissions 12
must be made. 13
`(3) The day stated under subsection (2)(e) must not be earlier than 14
28 business days after the day the notice is published. 15
`(4) The chief executive must give a copy of the notice to the 16
following-- 17
(a) if the proposed desired level of service objectives are for 18
the SEQ region or part of the SEQ region--the bulk 19
water supply authority; 20
(b) if the proposed desired level of service objectives are for 21
a designated region or part of a designated region-- 22
(i) if there is a nominated water service provider for 23
the region--the nominated water service provider; 24
or 25
(ii) otherwise--each water service provider for the 26
designated region. 27
`(5) The chief executive may-- 28
(a) give a copy of the notice to any other entity the chief 29
executive considers appropriate; and 30
(b) publish a copy of the notice on the department's 31
website. 32
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`346 Chief executive must consider properly made 1
submissions 2
`(1) The chief executive must consider all properly made 3
submissions about the proposed desired level of service 4
objectives. 5
`(2) If, after considering all properly made submissions, the chief 6
executive is satisfied that the proposed desired level of service 7
objectives should be revised, the chief executive may revise 8
the proposed desired level of service objectives (the revised 9
proposed objectives). 10
`(3) If the chief executive decides to revise the proposed desired 11
level of service objectives, section 345 and subsections (1) 12
and (2) apply in relation to the revised proposed objectives as 13
if a reference in the section or subsections to the proposed 14
desired level of service objectives were a reference to the 15
revised proposed objectives. 16
`(4) However, this section does not apply to a regulation to amend 17
the desired level of service objectives for water security if the 18
amendment is only to correct a minor error or make another 19
change that is not a change of substance. 20
`347 Report on desired level of service objectives 21
`(1) If a regulation prescribes desired level of service objectives 22
for water security for the SEQ region, a designated region or a 23
part of the SEQ region or a designated region, the chief 24
executive must prepare a report about the desired level of 25
service objectives for water security for the region or the part 26
of the region. 27
`(2) The report must include-- 28
(a) a summary of issues raised in properly made 29
submissions about the desired level of service 30
objectives; and 31
(b) a summary of how the issues raised in the submissions 32
have been addressed by the chief executive. 33
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`348 Review of desired level of service objectives 1
`If a regulation prescribes desired level of service objectives 2
for water security, the chief executive must review the 3
objectives at least every 5 years. 4
`Division 3 Water security program 5
`Subdivision 1 Preliminary 6
`349 Definition for div 3 7
`In this division-- 8
designated water security entity means-- 9
(a) the bulk water supply authority; or 10
(b) a water service provider required to have a water 11
security program under section 351 or 352. 12
`Subdivision 2 Requirement for water security 13
program 14
`350 Bulk water supply authority to have water security 15
program 16
`The bulk water supply authority must have a water security 17
program complying with section 353 to facilitate the 18
achievement of the desired level of service objectives for 19
water security for the SEQ region or each part of the SEQ 20
region. 21
Maximum penalty--1665 penalty units. 22
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`351 Nominated water service providers to have water 1
security program 2
`A nominated water service provider for a designated region 3
or part of a designated region must have a water security 4
program complying with section 353 to facilitate the 5
achievement of the desired level of service objectives for 6
water security for the designated region or the part of the 7
designated region. 8
Maximum penalty--1665 penalty units. 9
`352 Particular water service providers to have water 10
security program 11
`(1) This section applies if there is no nominated water service 12
provider for a designated region. 13
`(2) A water service provider for the designated region or part of 14
the designated region must have a water security program 15
complying with section 353 to facilitate the achievement of 16
the desired level of service objectives for water security for 17
the designated region or the part of the designated region. 18
Maximum penalty--1665 penalty units. 19
`353 Content of water security program 20
`(1) A water security program must include information about a 21
designated water security entity's arrangements, strategies or 22
measures for-- 23
(a) operating the designated water security entity's assets 24
for providing water services in the region or part of the 25
region to which the water security program relates; and 26
(b) addressing future infrastructure needs, including 27
building new infrastructure or augmenting existing 28
infrastructure; and 29
(c) managing the infrastructure relevant to the designated 30
water security entity's operations; and 31
(d) managing demand for water; and 32
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(e) responding to drought conditions; and 1
(f) any other matter prescribed under a regulation. 2
`(2) The chief executive may make guidelines to provide 3
information and guidance to a designated water security entity 4
about the content of a water security program. 5
`(3) Subsections (1) and (2) do not limit what may be included in a 6
water security program. 7
`(4) A water security program may comprise 1 or more existing 8
documents that comply with the requirements of this section. 9
`Subdivision 3 Preparing and finalising water 10
security program 11
`354 Preparing draft water security program 12
`A designated water security entity must prepare a draft water 13
security program. 14
`355 Consultation for draft water security program 15
`(1) In preparing the draft water security program, the designated 16
water security entity must make reasonable endeavours to 17
consult with each of the designated water security entity's 18
customers likely to be affected by the water security program. 19
`(2) A failure to comply with subsection (1) does not invalidate or 20
otherwise affect the program. 21
`356 Chief executive to review draft water security program 22
`(1) After preparing the draft water security program, the 23
designated water security entity must give the chief executive 24
the draft water security program. 25
`(2) The chief executive must review the draft water security 26
program and decide whether to recommend changes to the 27
draft water security program. 28
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`(3) If the chief executive decides not to recommend changes, the 1
chief executive must give the designated water security entity 2
notice of the decision within 30 days after receiving the draft 3
water security program. 4
`357 Special procedures for draft water security program if 5
changes recommended 6
`(1) This section applies if the chief executive decides to 7
recommend a change, other than a change to correct a minor 8
error or another change that is not a change of substance, to 9
the draft water security program. 10
`(2) Within 30 days after receiving the draft water security 11
program, the chief executive must give the designated water 12
security entity notice of the decision and request it to-- 13
(a) consider, or further consider, any matter and deal with 14
the matter in the draft program; and 15
(b) revise the draft program in the light of its consideration 16
or further consideration. 17
`(3) Within 14 days after receiving the notice, the designated water 18
security entity must consider the request and decide whether 19
to revise the draft program. 20
`(4) If the designated water security entity decides to revise the 21
draft water security program, the designated water security 22
entity must prepare a revised draft water security program 23
within 14 days after making the decision. 24
`(5) If the designated water security entity prepares a revised draft 25
water security program, section 356 and this section apply-- 26
(a) as if a reference in the subdivision to a draft water 27
security program were a reference to the revised draft 28
water security program; and 29
(b) with any other necessary changes. 30
`(6) If the designated water security entity decides not to revise the 31
draft water security program, the designated water security 32
entity must, within 14 days after making the decision, give the 33
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chief executive notice of the decision and the reasons for the 1
decision. 2
`358 Finalisation and publication of water security program 3
`(1) This section applies if-- 4
(a) the chief executive gives the designated water security 5
entity a notice under section 356(3); or 6
(b) the designated water security entity gives the chief 7
executive a notice under section 357(6). 8
`(2) The designated water security entity may finalise the water 9
security program. 10
`(3) As soon as practicable after finalising the water security 11
program, the designated water security entity must publish the 12
program on its website. 13
`(4) The water security program does not have effect until it is 14
published under subsection (3). 15
`(5) Despite subsection (3), the designated water security entity 16
may decide not to publish or allow inspection of any part of 17
the water security program the designated water security 18
entity is reasonably satisfied contains sensitive security 19
information. 20
`Subdivision 4 Review and amendment of water 21
security program 22
`359 Review of water security program 23
`(1) A designated water security entity must review its water 24
security program at least every 5 years. 25
`(2) The designated water security entity must also review its 26
water security program if there is a significant change in any 27
matter affecting, or likely to affect, the achievement of the 28
desired level of service objectives for water security. 29
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`360 Amendment of water security program 1
`(1) A designated water security entity may amend its water 2
security program. 3
`(2) The designated water security entity must amend its water 4
security program if-- 5
(a) the designated water security entity considers it 6
reasonably necessary to amend the program as a result 7
of a review under section 348; or 8
(b) the chief executive directs the designated water security 9
entity to amend the program. 10
`360A Procedure for amending water security program 11
`(1) For amending a water security program, subdivision 3 12
applies-- 13
(a) as if a reference in the subdivision to a draft water 14
security program were a reference to the draft 15
amendments of the water security program; and 16
(b) with any other necessary changes. 17
`(2) However, subsection (1) does not apply if the amendment is 18
only to correct a minor error in the water security program or 19
make another change that is not a change of substance. 20
`Subdivision 5 Miscellaneous provision 21
`360B Designated water security entity not required to 22
prepare drought management plan under Water 23
Supply Act 24
`(1) This section applies to a designated water security entity if the 25
entity has a water security program for the SEQ region, a 26
designated region or part of the SEQ region or designated 27
region. 28
`(2) Despite the Water Supply Act, section 123, the designated 29
water security entity is not required to have a drought 30
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management plan under that Act for the region or the part of 1
the region. 2
`Part 3 Arrangements for SEQ region 3
`Division 1 Preliminary 4
`360C Definitions for pt 3 5
`In this part-- 6
agreement amendment see section 360H(2). 7
bulk services means each of the following-- 8
(a) a water service or a part of a water service; 9
(b) a service relating to the supply of water. 10
bulk water customer means-- 11
(a) an SEQ service provider; or 12
(b) an entity declared under a regulation to be a bulk water 13
customer for this part. 14
bulk water party means-- 15
(a) a bulk water customer; or 16
(b) an SEQ bulk supplier. 17
bulk water supply agreement see section 360G(1). 18
bulk water supply code see section 360M(1). 19
code-regulated entity means-- 20
(a) a bulk water party; or 21
(b) an entity declared under a regulation to be a 22
code-regulated entity for this part. 23
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emergency plan means a plan of a type the bulk water supply 1
code states is required to be made by a code-regulated entity 2
for an emergency related to water. 3
mandatory term see section 360G(2)(a). 4
SEQ bulk supplier means-- 5
(a) the bulk water supply authority; or 6
(b) an entity declared under a regulation to be an SEQ bulk 7
supplier for this part. 8
`360D Operation of pt 3 9
`This part provides for the following to optimise the efficient 10
and reliable supply of water for the SEQ region-- 11
(a) the preparation of agreements for the supply of bulk 12
services between SEQ bulk suppliers and bulk water 13
customers; 14
(b) the making of a code to-- 15
(i) decide costs and prices; and 16
(ii) regulate the way in which entities supply bulk 17
services. 18
`360E Application of pt 3 19
`This part applies to bulk services whether or not the bulk 20
services are supplied in the SEQ region. 21
`360F Obtaining information 22
`(1) For this part, the chief executive may give the bulk water 23
supply authority a notice requiring information about 1 or 24
more of the following-- 25
(a) demand for bulk services from bulk water customers; 26
(b) operating arrangements for the authority's assets or 27
infrastructure; 28
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(c) the costs or revenue of the authority for bulk services; 1
(d) other information the chief executive reasonably 2
requires for the administration of this part. 3
`(2) The notice-- 4
(a) may be given at any time; and 5
(b) must state the reasonable time by which the information 6
must be given to the chief executive; and 7
(c) may require the information for 1 or more of the 8
following-- 9
(i) a particular period of time; 10
(ii) each bulk water customer or class of bulk 11
water customer; 12
(iii) a local government area or part of a local 13
government area. 14
`(3) The bulk water supply authority must comply with the notice, 15
unless it has a reasonable excuse. 16
Maximum penalty--200 penalty units. 17
`Division 2 Bulk water supply agreements 18
`360G Making agreement 19
`(1) The Minister may make a document (a bulk water supply 20
agreement), in the form of a contract, providing for the supply 21
of bulk services, stated in the document, between an SEQ bulk 22
supplier, named in the document, and a bulk water customer, 23
named in the document. 24
`(2) A bulk water supply agreement may include-- 25
(a) terms that must not be amended (each a mandatory 26
term); and 27
(b) terms that may be amended by the bulk water parties 28
named in the agreement. 29
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`(3) A bulk water supply agreement has effect as a contract 1
between each bulk water party named in the agreement on the 2
day the agreement is made by the Minister. 3
`(4) A bulk water supply agreement has effect as a contract 4
whether or not-- 5
(a) it is executed by each bulk water party named in the 6
agreement, other than to the extent an amendment to the 7
agreement must be executed under section 360H; or 8
(b) an amount payable for the supply of bulk services is 9
provided for under the agreement. 10
`360H Bulk water party may amend non-mandatory terms 11
of agreement 12
`(1) A bulk water party for a bulk water supply agreement may 13
amend the agreement, including by adding a term to the 14
agreement, to the extent the amendment does not conflict with 15
a mandatory term of the agreement. 16
`(2) An amendment to a bulk water supply agreement (an 17
agreement amendment) must be-- 18
(a) executed by each bulk water party for the agreement; 19
and 20
(b) given to the Minister as soon as practicable after the 21
amendment has been executed. 22
`(3) An agreement amendment takes effect on the day it is 23
executed under subsection (2)(a). 24
`360I Minister's direction about agreement amendment 25
`(1) The Minister may direct a bulk water party for a bulk water 26
supply agreement to change an agreement amendment if the 27
Minister considers the agreement amendment conflicts with a 28
mandatory term of the bulk water supply agreement. 29
`(2) Before giving a direction under subsection (1), the Minister 30
must-- 31
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(a) within 2 months after the day the Minister receives the 1
agreement amendment, give each bulk water party for 2
the bulk water supply agreement a notice stating-- 3
(i) the reasons why the Minister considers the 4
agreement amendment conflicts with a mandatory 5
term; and 6
(ii) that the bulk water party may, within the period of 7
at least 10 business days stated in the notice, make 8
a submission to the Minister about the agreement 9
amendment and the reasons mentioned in 10
subparagraph (i); and 11
(b) consider any submissions made by a bulk water party 12
under paragraph (a). 13
`(3) If the Minister gives a direction under subsection (1), the 14
agreement amendment is taken never to have had effect. 15
`360J Offence to fail to comply with Minister's direction 16
about agreement amendment 17
`A bulk water party must comply with a direction given to it 18
by the Minister under section 360I. 19
Maximum penalty--1665 penalty units. 20
`360K Record of bulk water supply agreements 21
`The chief executive must keep a copy of each agreement and 22
each agreement amendment made under this part, as in force 23
from time to time. 24
`360L Liability of bulk water parties 25
`(1) A bulk water party is not civilly liable to another bulk water 26
party (a relevant entity) for any consequential loss suffered by 27
the relevant entity arising out of, or in relation to, an act or 28
omission, including a negligent act or omission, of the bulk 29
water party in the performance of, or in a failure to perform, 30
its functions under this Act or its obligations-- 31
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(a) other than to the extent that the consequential loss was 1
caused, or contributed to, by the wilful default of the 2
bulk water party; or 3
(b) if the bulk water party recovers compensation from an 4
entity in relation to the consequential loss suffered by 5
the relevant entity--other than to the extent of the net 6
compensation amount. 7
`(2) To remove any doubt, it is declared that-- 8
(a) nothing in this section is taken-- 9
(i) to create a cause of action against a bulk water 10
party; or 11
(ii) to limit the liability of the bulk water party to an 12
entity for a claim for personal injury suffered by 13
the entity; and 14
(b) to the extent that an act or omission of a bulk water party 15
is inconsistent with a contract, in force immediately 16
before the commencement of this section, to which the 17
bulk water party and a relevant entity are parties, the 18
bulk water party's liability to the relevant entity is 19
limited by subsection (1). 20
`(3) A bulk water party may, in a contract, expressly vary or 21
exclude the operation of subsection (1) in relation to the 22
liability of the bulk water party to another party to the 23
contract. 24
`(4) Subsection (1) does not apply to a bulk water party to the 25
extent that a contract mentioned in subsection (3) expressly 26
varies or excludes its operation in relation to the other party to 27
the contract. 28
`(5) In this section-- 29
consequential loss includes the following-- 30
(a) any loss of anticipated or actual revenue or profits; 31
(b) loss of use of equipment; 32
(c) business interruption or a failure to realise anticipated 33
savings; 34
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(d) loss of data; 1
(e) downtime costs or wasted overheads; 2
(f) loss of goodwill or business opportunity; 3
(g) punitive or exemplary damages; 4
(h) any special or indirect loss or damage of any nature 5
whatsoever. 6
function includes power. 7
net compensation amount, for compensation recovered by a 8
bulk water party, means the compensation less an amount that 9
represents any loss suffered by the bulk water party in relation 10
to the consequential loss and any costs incurred in recovering 11
the compensation. 12
obligations, of a bulk water party, means the bulk water 13
party's obligations under the following-- 14
(a) the bulk water supply code or operating protocols; 15
(b) a bulk water supply agreement in which the bulk water 16
party is named as a party; 17
(c) an instrument made, or direction given, under the bulk 18
water supply code or operating protocols. 19
operating protocols means the operating protocols made 20
under the bulk water supply code. 21
perform includes purport to perform. 22
wilful default, by a bulk water party, includes-- 23
(a) any fraudulent conduct, including concealment; and 24
(b) any criminal conduct; and 25
(c) any intentional or reckless breach of, or failure to 26
remedy a breach of, the bulk water party's obligations. 27
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`Division 3 Bulk water supply code 1
`Subdivision 1 General provisions about code 2
`360M Minister's power to make code 3
`(1) Subject to subdivision 2, the Minister may make a code (the 4
bulk water supply code) for the SEQ region about the supply 5
of bulk services by a code-regulated entity. 6
`(2) The bulk water supply code applies to each code-regulated 7
entity whether or not the entity supplies bulk services under a 8
bulk water supply agreement. 9
`(3) The bulk water supply code is a statutory instrument under the 10
Statutory Instruments Act 1992 but is not subordinate 11
legislation. 12
`360N Content of code--costs and prices 13
`(1) The bulk water supply code may establish principles for 14
deciding the following categories of costs and prices-- 15
(a) the bulk water cost; 16
(b) the bulk water price; 17
(c) the other user price. 18
`(2) The bulk water cost is the cost for the bulk water supply 19
authority to supply bulk services. 20
`(3) The bulk water price is the price the bulk water supply 21
authority may charge an SEQ service provider for the supply 22
of bulk services. 23
`(4) The other user price is the price the bulk water supply 24
authority may charge a bulk water customer, other than an 25
SEQ service provider, for the supply of bulk services. 26
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`360O Content of code--general 1
`The bulk water supply code may include the following-- 2
(a) the rights and obligations of a code-regulated entity 3
under the code; 4
(b) operating requirements for a code-regulated entity; 5
(c) requirements to make or comply with an emergency 6
plan; 7
(d) the principles for the supply of bulk services by an SEQ 8
service provider to the bulk water supply authority, 9
including the principles for the bulk water supply 10
authority to pay a charge for the bulk services; 11
(e) provision for an entity to give advice to the Minister 12
about-- 13
(i) the principles mentioned in paragraph (d); or 14
(ii) costs or prices under the code; or 15
(iii) any other thing that may affect costs or prices 16
under the code; 17
(f) the way in which an entity to which paragraph (e) 18
applies may investigate a matter under the code; 19
(g) whether any part of the code may be amended without 20
consultation; 21
(h) any other thing the Minister considers appropriate to 22
facilitate the supply of bulk services. 23
`360P When code takes effect 24
`(1) The Minister must notify the making of the bulk water supply 25
code. 26
`(2) The notice made under subsection (1) is subordinate 27
legislation. 28
`(3) The bulk water supply code takes effect-- 29
(a) on the day the Minister's notice is notified in the gazette; 30
or 31
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(b) if a later day is stated in the Minister's notice--on that 1
day. 2
`360Q Tabling of code 3
`(1) Within 21 days after the bulk water supply code or an 4
amendment of the code takes effect, the Minister must table a 5
copy of the code or the amendment in the Legislative 6
Assembly. 7
`(2) The copy is tabled for information only. 8
`(3) A failure to table a copy does not affect the bulk water supply 9
code's ongoing effect. 10
`360R Publication of code 11
`The chief executive must publish the bulk water supply code, 12
as in force from time to time, on the department's website. 13
`360S Compliance with code 14
`A code-regulated entity must not contravene a provision of 15
the bulk water supply code. 16
Maximum penalty-- 17
(a) for contravention of a provision about making or 18
complying with an emergency plan--1665 penalty 19
units; or 20
(b) otherwise--200 penalty units. 21
`360T Civil liability not affected by code 22
`(1) Compliance or noncompliance with the bulk water supply 23
code does not-- 24
(a) create a civil cause of action based on the compliance or 25
noncompliance; or 26
(b) affect or limit a civil right or remedy that exists apart 27
from this Act, whether at common law or otherwise. 28
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`(2) Without limiting subsection (1)(b), compliance with the bulk 1
water supply code does not necessarily show that a civil 2
obligation that exists apart from this Act has been satisfied or 3
has not been breached. 4
`Subdivision 2 Process for making or amending 5
code 6
`360U Consultation for code 7
`(1) If the Minister proposes to make or amend the bulk water 8
supply code, the Minister must consult with each 9
code-regulated entity affected by the proposed code or 10
amendment. 11
`(2) For subsection (1), the Minister must ensure that each 12
code-regulated entity is given a reasonable opportunity to 13
make submissions to the Minister about the proposed code or 14
amendment. 15
`(3) However, the Minister may amend the bulk water supply code 16
without consultation if the Minister proposes to-- 17
(a) correct a minor error in the code; or 18
(b) make an amendment of a type the code states may be 19
made without consultation. 20
`Division 4 Supply of bulk services 21
`360V Supply under bulk water supply agreement 22
`(1) The supply of bulk services, other than the supply of an 23
exempt water service, may be made only under a bulk water 24
supply agreement between an SEQ bulk supplier and a bulk 25
water customer for the bulk services. 26
`(2) In this section-- 27
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exempt water service means a water service declared under a 1
regulation to be exempt from requiring a bulk water supply 2
agreement for the supply of the water service. 3
`360W Minister may decide cost or price 4
`(1) The Minister may, under the principles in the bulk water 5
supply code, decide a cost or price mentioned in section 360N 6
for a particular period. 7
`(2) Before deciding a cost or price, the Minister may seek advice 8
from an entity nominated to provide advice about costs or 9
prices to the Minister under the bulk water supply code. 10
`(3) The Minister must consider any advice given by an entity 11
under subsection (2) before deciding a cost or price. 12
`(4) A decision of the Minister under subsection (1) has effect on 13
the day decided by the Minister and stated in the notice 14
mentioned in subsection (5)(a). 15
`(5) The Minister must, as soon as practicable-- 16
(a) give notice of the Minister's decision to each 17
code-regulated entity affected by the decision; and 18
(b) amend each bulk water supply agreement affected by 19
the decision. 20
`(6) If a cost or price decided by the Minister for the supply of 21
bulk services is inconsistent with the cost or price for the bulk 22
services under a bulk water supply agreement, the cost or 23
price decided by the Minister prevails to the extent of any 24
inconsistency. 25
`(7) If the Minister does not intend to decide a cost or price under 26
subsection (1), the Minister must give a notice to each SEQ 27
bulk supplier advising-- 28
(a) that the SEQ bulk supplier may decide the cost or price 29
under the principles in the bulk water supply code; and 30
(b) the period for which the SEQ bulk supplier may decide 31
the cost or price. 32
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 51]
`(8) The notice under subsection (7) must be given at least 4 1
months before the period under subsection (7)(b) starts. 2
`360X Amended cost or price 3
`(1) The Minister may, at any time, amend a cost or price decided 4
by the Minister under section 360W(1). 5
`(2) Section 360W(2) to (6) applies for amending a cost or price as 6
if a reference in the subsections to a decision for a cost or 7
price were a reference to a decision for an amended cost or 8
price. 9
`360Y Limitation of review 10
`(1) Unless there is a determination by the Supreme Court that a 11
decision of the Minister under section 360W or 360X is 12
affected by jurisdictional error, the decision-- 13
(a) is final and conclusive; and 14
(b) can not be challenged, appealed against, reviewed, 15
quashed, set aside or called in question in any other way, 16
under the Judicial Review Act 1991 or otherwise 17
(whether by the Supreme Court, another court, a tribunal 18
or another entity); and 19
(c) is not subject to any declaratory, injunctive or other 20
order of the Supreme Court, another court, a tribunal or 21
another entity on any ground. 22
`(2) In this section-- 23
decision includes a decision or conduct leading up to or 24
forming part of the process of making a decision. 25
`360Z Minister's direction about bulk services supplied by 26
SEQ service provider 27
`(1) This section applies if-- 28
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 52]
(a) an SEQ service provider supplies bulk services to the 1
bulk water supply authority under a bulk water supply 2
agreement; and 3
(b) the SEQ service provider and the bulk water supply 4
authority can not agree, under the terms of the bulk 5
water supply agreement, about a matter relating to the 6
supply of, or the charge for, the bulk services. 7
`(2) The Minister may, under the principles in the bulk water 8
supply code, give the SEQ service provider or the bulk water 9
supply authority a direction about 1 or both of the following-- 10
(a) the supply of bulk services by the SEQ service provider 11
to the bulk water supply authority, including a direction 12
to the SEQ service provider to give the bulk water 13
supply authority access to infrastructure owned by the 14
SEQ service provider; 15
(b) the charge payable for bulk services supplied by the 16
SEQ service provider to the bulk water supply authority. 17
`(3) The SEQ service provider or the bulk water supply authority 18
must comply with a direction given to it by the Minister under 19
subsection (2). 20
Maximum penalty--1665 penalty units.'. 21
Clause 52 Amendment of s 361 (Purpose of ch 3) 22
Section 361(2)(b), `commission'-- 23
omit, insert-- 24
`office'. 25
Clause 53 Amendment of s 365 (Declaring cumulative management 26
areas) 27
Section 365(4)(a), `commission'-- 28
omit, insert-- 29
`office'. 30
Page 56
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 54]
Clause 54 Amendment of s 368 (Who is a responsible entity) 1
Section 368(a), `commission'-- 2
omit, insert-- 3
`office'. 4
Clause 55 Amendment of s 370 (Obligation to give underground 5
water impact report) 6
(1) Section 370(1)(a), `commission'-- 7
omit, insert-- 8
`office'. 9
(2) Section 370(4), definition initial report period, paragraph (a), 10
`commission'-- 11
omit, insert-- 12
`office'. 13
Clause 56 Amendment of s 372 (Obligation to give notice of 14
closure--general) 15
Section 372(3), `commission'-- 16
omit, insert-- 17
`office'. 18
Clause 57 Amendment of s 374 (Obligation to give final report) 19
Section 374(2)(a) and (3), `commission'-- 20
omit, insert-- 21
`office'. 22
Clause 58 Amendment of s 376 (Content of underground water 23
impact report) 24
Section 376(h), `commission'-- 25
omit, insert-- 26
Page 57
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 59]
`office'. 1
Clause 59 Amendment of s 377 (Content of final report) 2
Section 377(1)(e), `commission'-- 3
omit, insert-- 4
`office'. 5
Clause 60 Amendment of s 378 (Content of water monitoring 6
strategy) 7
Section 378(1)(d), `commission'-- 8
omit, insert-- 9
`office'. 10
Clause 61 Amendment of s 379 (Content of spring impact 11
management strategy) 12
Section 379(1)(g), `commission'-- 13
omit, insert-- 14
`office'. 15
Clause 62 Amendment of s 380 (Identifying responsible tenure 16
holders for cumulative management areas) 17
Section 380, `commission'-- 18
omit, insert-- 19
`office'. 20
Clause 63 Amendment of s 385 (Decision on report) 21
Section 385(3), `commission'-- 22
omit, insert-- 23
`office'. 24
Page 58
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 64]
Clause 64 Amendment of s 391 (Minor or agreed amendments of 1
approved report) 2
Section 391(1)(b), `commission'-- 3
omit, insert-- 4
`office'. 5
Clause 65 Amendment of s 393 (Other amendments) 6
Section 393(2), `commission'-- 7
omit, insert-- 8
`office'. 9
Clause 66 Amendment of s 405 (Notice of outcome of baseline 10
assessment) 11
Section 405, `commission'-- 12
omit, insert-- 13
`office'. 14
Clause 67 Amendment of s 419 (Notice of outcome of bore 15
assessment) 16
Section 419, `commission'-- 17
omit, insert-- 18
`office'. 19
Clause 68 Omission of ch 3, pt 7 (Functions and powers of 20
commission) 21
Chapter 3, part 7-- 22
omit. 23
Page 59
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 69]
Clause 69 Amendment of s 449 (Chief executive may direct 1
petroleum tenure holder to carry out water monitoring 2
activities) 3
Section 449(3)(b), `commission'-- 4
omit, insert-- 5
`office'. 6
Clause 70 Insertion of new ch 3A 7
After section 454-- 8
insert-- 9
`Chapter 3A Office of Groundwater 10
Impact Assessment 11
`Part 1 General provisions about the 12
office 13
`Division 1 Establishment 14
`455 Establishment 15
`The Office of Groundwater Impact Assessment is 16
established. 17
`Division 2 Functions and powers 18
`456 Functions of office 19
`(1) The office's main functions are-- 20
(a) to advise the chief executive on matters relating to 21
impacts on underground water caused by the exercise of 22
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
underground water rights by petroleum tenure holders; 1
and 2
(b) to establish and maintain a database of information 3
about underground water; and 4
(c) to prepare underground water impact reports for 5
cumulative management areas. 6
`(2) The office's functions also include any other function given to 7
the office under this Act or another Act. 8
`457 General powers of office 9
`The office has the powers necessary or convenient to perform 10
its functions or to help achieve the purposes of this chapter, 11
including, for example, the power to enter into contracts or 12
appoint agents. 13
`458 Advice to chief executive 14
`(1) The chief executive may give the office a written direction 15
requiring the office to advise the chief executive on any matter 16
relating to impacts on underground water caused by the 17
exercise of underground water rights. 18
`(2) The office must comply with the direction. 19
`(3) In this section-- 20
chief executive means the chief executive of the department in 21
which chapter 3 is administered. 22
`459 Office to keep and maintain database 23
`(1) The office must keep and maintain a database of information 24
relevant to monitoring underground water, including-- 25
(a) information obtained by the office under chapter 3; and 26
(b) information given to the office for, in or under an 27
underground water impact report. 28
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
`(2) The database may be kept in the way the manager considers 1
appropriate, including, for example, in an electronic form. 2
`460 Obtaining information about underground water from 3
petroleum tenure holders 4
`(1) The manager may give a petroleum tenure holder a notice 5
requesting the following information about the exercise of 6
underground water rights under the holder's petroleum 7
tenure-- 8
(a) information the manager requires for complying with its 9
obligations as a responsible entity under chapter 3, part 10
2; 11
(b) other information the manager requires to analyse and 12
monitor impacts on underground water generally. 13
`(2) The notice must state how, and a reasonable period of at least 14
20 business days by which, the information must be given. 15
`(3) The petroleum tenure holder must comply with the notice, 16
unless the holder has a reasonable excuse. 17
Maximum penalty--1665 penalty units. 18
`(4) If the petroleum tenure holder is an individual, it is a 19
reasonable excuse not to comply with the notice if complying 20
with the notice might tend to incriminate the holder. 21
`461 Advisory bodies 22
`The manager may establish advisory bodies it considers 23
appropriate to give the office advice on the performance of its 24
functions. 25
`Division 3 Membership of the office 26
`462 Membership of office 27
`The office consists of-- 28
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
(a) the manager of the office; and 1
(b) the other staff of the office. 2
`Division 4 Staff of the office 3
`Subdivision 1 Manager of the office 4
`463 Manager of the office 5
`The office must have a manager. 6
`464 Appointment of manager 7
`(1) The manager is appointed on a full-time basis by the 8
Governor in Council. 9
`(2) Subject to sections 469 and 472, the manager is employed 10
under the Public Service Act 2008 as if the manager were a 11
senior executive. 12
`(3) However, despite the Public Service Act 2008, the manager 13
can be removed from office only by the Governor in Council. 14
`465 Eligibility for appointment 15
`A person is eligible to be appointed as manager if the person 16
has-- 17
(a) appropriate qualifications relevant to underground water 18
assessment and management or geology; and 19
Example of an appropriate qualification-- 20
a degree relevant to groundwater management or geology 21
(b) experience relevant to the functions of the office. 22
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
`466 Term of appointment 1
`(1) Despite the Public Service Act 2008, the manager holds office 2
for the term stated in the instrument of the manager's 3
appointment. 4
`(2) The term stated in the instrument of appointment can not be 5
longer than 5 years. 6
`(3) However, the manager is eligible for reappointment. 7
`467 Functions of the manager 8
`(1) The manager's main functions are-- 9
(a) to ensure the office performs its functions effectively 10
and efficiently; and 11
(b) to make recommendations to the Minister about any 12
matter that relates to the performance or exercise of the 13
manager's or office's functions or powers. 14
`(2) The manager's functions also include any other function given 15
to the manager under this Act or another Act. 16
`(3) Subsection (1) does not prevent the attachment of the office to 17
the department to ensure the office is supplied with the 18
administrative support services it requires to perform its 19
functions effectively and efficiently. 20
`468 Powers of the manager 21
`(1) The manager may exercise-- 22
(a) the powers necessary or convenient for performing the 23
manager's functions under this Act or another Act; and 24
(b) all other powers necessary or convenient for discharging 25
the obligations imposed on the manager under this Act 26
or another Act. 27
`(2) Also, the manager may exercise the powers of the office. 28
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
`469 Independence in performing functions 1
`The manager must, in performing the manager's functions, 2
exercise an independent judgment and is not subject to 3
direction from anyone else. 4
`470 Manager not to engage in other paid employment 5
`The manager must not, without the approval of the 6
Minister-- 7
(a) hold any office of profit other than that of manager of 8
the office; or 9
(b) engage in any paid employment outside the duties of 10
that office; or 11
(c) actively take part in the activities of a business, or in the 12
management of a corporation carrying on business. 13
`471 Vacancy in office of manager 14
`The office of the manager becomes vacant if the manager-- 15
(a) completes a term of office; or 16
(b) resigns office by signed notice given to the Minister; or 17
(c) is removed from office by the Governor in Council 18
under section 472; or 19
(d) is convicted of an indictable offence or an offence 20
against this Act; or 21
(e) is a person who is an insolvent under administration 22
under the Corporations Act, section 9. 23
`472 Termination of appointment 24
`(1) The manager may be removed from office only under this 25
section. 26
`(2) The Governor in Council may remove the manager from 27
office on any of the following grounds-- 28
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
(a) proved incapacity, incompetence or misconduct; 1
(b) misconduct of a type that could, other than for section 2
464(3), warrant dismissal from the public service; 3
(c) contravention of section 470. 4
`473 Delegation 5
`(1) The manager may delegate to an appropriately qualified 6
person the manager's functions under this or another Act. 7
`(2) In this section-- 8
appropriately qualified includes having the qualifications, 9
experience or standing appropriate for the functions. 10
Examples of qualifications, experience or standing-- 11
· a degree relevant to groundwater management or geology 12
· a person's classification level in the public service 13
function includes power. 14
`474 Preservation of rights as public service officer 15
`(1) This section applies if-- 16
(a) a person is appointed as the manager; and 17
(b) the person resigns the person's role as a public service 18
officer to accept the appointment. 19
`(2) The person retains and is entitled to all rights that have 20
accrued to the person because of the person's employment as 21
a public service officer, or that would accrue in the future to 22
the person because of that employment, as if service as the 23
manager were a continuation of service as a public service 24
officer. 25
`(3) At the end of the person's term of office or on resignation-- 26
(a) the person is entitled to be appointed to an office in the 27
public service at a salary level not less than the current 28
salary level of an office equivalent to the office the 29
person held before being appointed as the manager; and 30
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
(b) the person's service as the manager is to be regarded as 1
service of a similar kind in the public service for 2
deciding the person's rights as a public service officer. 3
`475 Superannuation if previously a public service officer 4
`If-- 5
(a) a person who is a public service officer is appointed as 6
the manager; and 7
(b) immediately before the appointment the person was a 8
member of the State Public Sector Superannuation 9
Scheme under the Superannuation (State Public Sector) 10
Act 1990; 11
the person continues to be, and to be eligible to be, a member 12
of the scheme. 13
`Subdivision 2 Other staff of the office 14
`476 Office staff 15
`The other staff are employed under the Public Service Act 16
2008. 17
`477 Alternative staffing arrangements 18
`(1) The manager may arrange with the chief executive of a 19
department for the services of officers or employees of the 20
department to be made available to the office. 21
`(2) An officer or employee whose services are made available 22
under subsection (1)-- 23
(a) continues to be an officer or employee of the 24
department; and 25
(b) continues to be employed or otherwise engaged by the 26
department on the same terms and conditions applying 27
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
to the officer or employee before his or her services 1
were made available; and 2
(c) is, for the period the services are made available and for 3
performing the office's functions, taken to be a member 4
of the staff of the office. 5
`Part 2 Funding for office 6
`478 Groundwater Impact Assessment Fund 7
`The Groundwater Impact Assessment Fund is established. 8
`479 Annual levy for underground water management 9
`(1) The performance of the office's functions are to be funded by 10
an annual levy payable by each petroleum tenure holder. 11
`(2) The levy must be worked out in the way prescribed under a 12
regulation. 13
`(3) The way the levy is worked out must be transparent and likely 14
to be readily understood by petroleum tenure holders. 15
`(4) The levy must be-- 16
(a) based on the amount needed to recover the estimated 17
costs to the office of performing its functions under 18
chapter 3 in a financial year; and 19
(b) apportioned, where practicable, between petroleum 20
tenure holders or classes of holders according to the cost 21
to the office of performing functions specific to the 22
holders or class of holders. 23
`(5) For subsection (4)(a), the office's estimated costs must be-- 24
(a) prepared by the office; and 25
(b) approved by the Minister. 26
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
`(6) When preparing the office's estimated costs, the office may 1
consult with a relevant advisory body. 2
`(7) The levy must be paid in the amount, at the time and in the 3
way prescribed under a regulation. 4
`(8) If a petroleum tenure holder does not pay the levy as required 5
under a regulation made under subsection (7), the State may 6
recover from the holder the amount of the levy as a debt. 7
`480 Payment of amounts into Groundwater Impact 8
Assessment Fund 9
`The following amounts, on receipt by the department, must 10
be paid into the Groundwater Impact Assessment Fund -- 11
(a) levy amounts paid by petroleum tenure holders under 12
section 479; 13
(b) all interest paid because of late payment of levy amounts 14
payable by petroleum tenure holders. 15
`481 Payment of amounts from Groundwater Impact 16
Assessment Fund 17
`(1) The manager may make payments from the Groundwater 18
Impact Assessment Fund under subsection (2). 19
`(2) A payment from the fund must be for 1 or more of the 20
following-- 21
(a) paying expenses incurred by the office in administering 22
the office or performing the functions of the office; 23
(b) paying expenses incurred by the manager in performing 24
the manager's functions; 25
(c) paying fees or expenses related to administering the 26
fund; 27
(d) paying other amounts required or permitted under this 28
Act or another Act to be paid out of the fund. 29
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 70]
`482 Administration of Groundwater Impact Assessment 1
Fund 2
`(1) Accounts for the Groundwater Impact Assessment Fund must 3
be kept as part of the departmental accounts of the 4
department. 5
`(2) Amounts received for the fund must be deposited in a 6
departmental financial institution account of the department. 7
`(3) Amounts received for the fund may be deposited in an 8
account used for depositing other moneys of the department. 9
`(4) In this section-- 10
departmental accounts, of a department, means the accounts 11
of the department kept under the Financial Accountability Act 12
2009, section 69. 13
departmental financial institution account, of a department, 14
means an account of the department kept under the Financial 15
Accountability Act 2009, section 83. 16
other moneys, of the department, means all moneys of the 17
department other than amounts received for the Groundwater 18
Impact Assessment Fund. 19
`Part 3 Miscellaneous provisions 20
`483 Public access to database 21
`(1) The office may make information in the database available to 22
the public. 23
`(2) However, the publicly available part of the database must not 24
include-- 25
(a) information obtained as a result of undertaking-- 26
(i) a baseline assessment; or 27
(ii) a bore assessment; or 28
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 71]
(b) any other information the office reasonably believes is 1
commercially sensitive. 2
`(3) A person may-- 3
(a) free of charge, inspect the details contained in the 4
publicly available part of the database at the office's 5
head office during normal business hours; and 6
(b) on payment of a fee decided by the chief executive, 7
obtain a copy of the details from the office. 8
`(4) The fee decided by the chief executive must not be more than 9
the reasonable cost of producing the copy. 10
`484 Petroleum tenure holder access to information 11
`(1) The office must make any information in the database 12
available to a petroleum tenure holder if the office is 13
reasonably satisfied the information would assist the holder in 14
complying with the holder's obligations under this chapter. 15
`(2) However, the office must not give information to a petroleum 16
tenure holder under subsection (1) if the office reasonably 17
believes the information is commercially sensitive.'. 18
Clause 71 Amendment of s 739 (Appointment and qualifications of 19
authorised officers) 20
Section 739(1), `commission'-- 21
omit, insert-- 22
`office'. 23
Clause 72 Omission of s 748A (Power of entry for monitoring 24
commission water restrictions and water efficiency 25
management plans) 26
Section 748A-- 27
omit. 28
Page 71
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 73]
Clause 73 Amendment of s 749 (Power to enter places for other 1
purposes) 2
Section 749(1), `section 746, 747, 748 or 748A,'-- 3
omit, insert-- 4
`section 746, 747 or 748'. 5
Clause 74 Amendment of s 932 (Who may bring proceedings for 6
offences) 7
Section 932(1)-- 8
omit, insert-- 9
`(1) Proceedings for an offence against section 956 may be 10
brought only by the Attorney-General.'. 11
Clause 75 Amendment of s 1013 (Approved forms) 12
Section 1013(2)-- 13
omit. 14
Clause 76 Amendment of s 1014 (Regulation-making power) 15
Section 1014(2)(l)-- 16
omit, insert-- 17
`(l) declare a water service to be exempt from the 18
requirement of a bulk water supply agreement for the 19
supply of the water service; and 20
(m) declare, for chapter 2A, part 3, an entity to be-- 21
(i) a bulk water customer; or 22
(ii) a code-regulated entity; or 23
(iii) an SEQ bulk supplier.'. 24
Clause 77 Insertion of new ch 9, pt 5, div 19 25
Chapter 9, part 5-- 26
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
insert-- 1
`Division 19 Transitional provisions for South 2
East Queensland Water 3
(Restructuring) and Other 4
Legislation Amendment Act 2012 5
`Subdivision 1 Preliminary 6
`1210 Definitions for div 19 7
`In this division-- 8
amending Act means the South East Queensland Water 9
(Restructuring) and Other Legislation Amendment Act 2012. 10
commencement means the commencement of the provision in 11
which the term is used. 12
former commission means the Queensland Water 13
Commission established under previous section 342. 14
previous, for a provision of this Act, means the provision as in 15
force immediately before the repeal or amendment of the 16
provision under the amending Act. 17
`Subdivision 2 Provisions relating to annual levies 18
`1211 Transfer of funds into Groundwater Impact 19
Assessment Fund 20
`(1) On the commencement, the following amounts held by the 21
former commission immediately before the commencement 22
must be paid into the Groundwater Impact Assessment 23
Fund-- 24
(a) the balance of all levy amounts paid by petroleum tenure 25
holders under previous section 360FA; 26
(b) the balance of any interest accrued on amounts 27
mentioned in paragraph (a). 28
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
`(2) An amount transferred into the Groundwater Impact 1
Assessment Fund under subsection (1) may be used only for a 2
purpose stated in chapter 3A, part 2. 3
`1212 Notices to pay levy 4
`(1) Subsection (2) applies if-- 5
(a) before the commencement, the chief executive gave a 6
petroleum tenure holder a notice about a levy payable by 7
the petroleum tenure holder under previous section 8
360FA; and 9
(b) on the commencement, the petroleum tenure holder has 10
not paid the levy. 11
`(2) Despite the repeal of previous section 360FA-- 12
(a) the notice continues in force; and 13
(b) the petroleum tenure holder continues to be liable to pay 14
the levy as stated in the notice. 15
`(3) Subsection (4) applies if-- 16
(a) immediately before the commencement, a petroleum 17
tenure holder was liable to pay a levy for a relevant 18
financial year under previous section 360FA, 360FB or 19
360FC; and 20
(b) the chief executive had not given the petroleum tenure 21
holder a notice for the levy for the relevant financial 22
year under previous section 360FA. 23
`(4) Despite the repeal of previous sections 360FA, 360FB and 24
360FC-- 25
(a) the chief executive may give the petroleum tenure 26
holder a notice about the levy for the relevant financial 27
year; and 28
(b) the petroleum tenure holder continues to be liable to pay 29
the levy for the relevant financial year. 30
`(5) An amount paid by the petroleum tenure holder under a notice 31
mentioned in subsection (1) or (4)-- 32
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
(a) must be paid into the Groundwater Impact Assessment 1
Fund; and 2
(b) may be used only for a purpose stated in chapter 3A, 3
part 2. 4
`(6) In this section-- 5
levy includes part of a levy. 6
relevant financial year means either of the following-- 7
(a) the financial year ending on 30 June 2011; 8
(b) the financial year ending on 30 June 2012. 9
`Subdivision 3 Transfer of particular authorities to 10
bulk water supply authority 11
`1213 Definitions for sdiv 3 12
`In this subdivision-- 13
chief executive means the chief executive of the department in 14
which chapter 2, part 6 is administered. 15
former water entity means either of the following entities-- 16
(a) the former water grid manager; 17
(b) LinkWater. 18
former water grid manager means the SEQ Water Grid 19
Manager established under the South East Queensland Water 20
(Restructuring) Act 2007, section 6 as in force immediately 21
before the commencement. 22
limited authority see section 1214(3). 23
LinkWater means the Queensland Bulk Water Transport 24
Authority established under the South East Queensland Water 25
(Restructuring) Act 2007, section 6 as in force immediately 26
before the commencement. 27
prescribed water authority see section 1214(1). 28
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
receiving entity see section 1215(2). 1
relevant authority see section 1214(2). 2
scheme see section 1215(1). 3
transfer notice see section 1216(1). 4
transferring entity see section 1215(2). 5
`1214 Application of sdiv 3 6
`(1) This subdivision applies to the following authorities (each a 7
prescribed water authority) held by a former water entity 8
immediately before the commencement-- 9
(a) a water licence to take or interfere with water in the SEQ 10
region; 11
(b) a water allocation to take or interfere with water in the 12
SEQ region. 13
`(2) If an authority to which this subdivision applies is an authority 14
to take and interfere with water in the SEQ region, the 15
authority is a relevant authority. 16
`(3) If an authority to which this subdivision applies is an authority 17
that allows only taking of water, the authority is a limited 18
authority. 19
`1215 Transfer scheme 20
`(1) This subdivision facilitates the restructure of the bulk water 21
industry in the SEQ region by providing for a scheme (the 22
scheme) to transfer particular authorities to take water, or to 23
take and interfere with water-- 24
(a) to the bulk water supply authority; or 25
(b) from the bulk water supply authority to other entities. 26
`(2) Under the scheme-- 27
(a) a prescribed water authority may, under this subdivision, 28
be replaced by 1 or more authorities to-- 29
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
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[s 77]
(i) take water; or 1
(ii) take and interfere with water; and 2
(b) generally, a water authority mentioned in paragraph (a) 3
is transferred from the holder of the prescribed water 4
authority (each a transferring entity) to an entity that 5
will hold the authority to take water, or the authority to 6
interfere with water (a receiving entity). 7
`1216 Transfer notice 8
`(1) For the purpose of the scheme, the Minister may, by gazette 9
notice (a transfer notice), do any of the following-- 10
(a) replace a relevant authority with-- 11
(i) 1 or more authorities to take water; or 12
(ii) 1 or more authorities to take and interfere with 13
water; or 14
(iii) 1 or more authorities to take water and 1 or more 15
authorities to take and interfere with water; 16
(b) transfer an authority mentioned in paragraph (a)(i), (ii) 17
or (iii) from a transferring entity to a receiving entity; 18
(c) transfer a limited water authority from a transferring 19
entity to a receiving entity; 20
(d) replace a limited authority with 2 or more authorities to 21
take water; 22
(e) transfer an authority to take water mentioned in 23
paragraph (d) from a transferring entity to a receiving 24
entity; 25
(f) impose requirements on any of the authorities replaced 26
or transferred under this section, including requirements 27
about-- 28
(i) the volume of water that may be taken under the 29
authority by a receiving entity; and 30
(ii) the purpose for which the water taken under the 31
authority by a receiving entity may be used; 32
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
(g) make provision about the application of instruments to a 1
transferring entity or receiving entity including-- 2
(i) whether the transferring entity or receiving entity 3
is a party to an instrument; and 4
(ii) whether an instrument is taken to have been made 5
by the transferring entity or receiving entity, or 6
given to, by or in favour of the transferring entity 7
or receiving entity; and 8
(iii) whether a reference to an entity in an instrument is 9
a reference to the transferring entity or receiving 10
entity; and 11
(iv) whether, under an instrument, an amount is or may 12
become payable to or by the transferring entity or 13
receiving entity, or other property is, or may be, 14
transferred to or by the transferring entity or 15
receiving entity; and 16
(v) make provision about an incidental, consequential 17
or supplemental matter the Minister considers 18
necessary or convenient for effectively carrying out 19
the scheme. 20
`(2) Subsection (3) applies if a relevant authority or a limited 21
authority is, under a transfer notice, replaced with 1 or more 22
other authorities to take or interfere with water (each a new 23
authority). 24
`(3) The Minister must be satisfied the conditions under which 25
water may be taken or interfered with under the new 26
authorities are at least as restrictive as the cumulative effect of 27
the conditions on the relevant authority or limited authority. 28
`(4) Without limiting subsection (3), the conditions under which 29
water may be taken or interfered with under the new 30
authorities must not-- 31
(a) increase the total amount of water that may be taken; or 32
(b) increase the rate at which water may be taken; or 33
(c) change the flow conditions under which water may be 34
taken; or 35
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
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[s 77]
(d) increase the interference with the flow of water. 1
`(5) A transfer notice has effect despite any other law or 2
instrument. 3
`(6) A transfer notice has effect on the day it is published in the 4
gazette or a later day stated in it. 5
`(7) In this section-- 6
instrument includes an agreement for an entity to supply 7
water to another entity. 8
`1217 Process after transfer notice 9
`(1) This section applies if an authority is transferred from a 10
transferring entity to a receiving entity under a transfer notice. 11
`(2) The chief executive may take the action that is necessary or 12
convenient for the transfer of the authority under the transfer 13
notice, including-- 14
(a) updating a register or other record; and 15
(b) amending, cancelling or issuing another authority. 16
`(3) The chief executive may take action under subsection (2) 17
although this Act does not provide for the taking of the action 18
or provides for taking the action in a different way. 19
Example-- 20
An authority is transferred from a transferring entity to the bulk water 21
supply authority under a transfer notice. Acting under subsection (3), 22
the chief executive grants to the bulk water supply authority a water 23
licence to replace the authority, despite the provisions of chapter 2, part 24
6, division 2 applying to the granting of a water licence. 25
`1218 Continuing authorities 26
`(1) This section applies to an authority to take or interfere with 27
water that a receiving entity holds, or a transferring entity 28
continues to hold, under a transfer notice. 29
`(2) The authority continues under this Act until whichever of the 30
following first happens-- 31
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
(a) the chief executive grants a water licence to replace the 1
authority; 2
(b) the authority is replaced with a water entitlement. 3
`(3) The chief executive may grant the receiving entity or 4
transferring entity a water licence to replace the authority to 5
take or interfere with water without the need for an 6
application to be made under section 206. 7
`(4) Within 30 business days after the chief executive grants the 8
water licence, the chief executive must give the receiving 9
entity or transferring entity the licence and an information 10
notice about the granting of the licence. 11
`(5) The water licence has effect from the day the licence is given 12
to the receiving entity or transferring entity. 13
`1219 References in supply agreements to particular 14
transferring entities 15
`(1) This section applies if an authority mentioned in a transfer 16
notice is transferred from a transferring entity to a receiving 17
entity. 18
`(2) A reference in an existing supply agreement to the 19
transferring entity is, if the context permits, taken to be a 20
reference to the receiving entity. 21
`(3) On and from the day the transfer notice takes effect, the 22
existing supply agreement gives rise to the same rights and 23
liabilities as would have arisen if the authority had not been 24
transferred. 25
`(4) In this section-- 26
existing supply agreement means an agreement for the supply 27
of water, in force on the day the transfer notice takes effect, 28
between the transferring entity and another entity. 29
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
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[s 77]
`Subdivision 4 Provisions for ending the water 1
market 2
`1220 Definitions for sdiv 4 3
`In this subdivision-- 4
existing customer contract means a contract for the supply of 5
non-potable water between an SEQ service provider and a 6
person that is in effect immediately before the commencement 7
of the amending Act, section 51. 8
existing grid contract means-- 9
(a) a grid contract document made under previous section 10
360ZDD(1) that is in effect immediately before the 11
repeal of that section under the amending Act; or 12
(b) a new contract under the South-East Queensland Water 13
(Distribution and Retail Restructuring) Act 2009, 14
section 92CU, that is in effect immediately before the 15
commencement of the amending Act, section 51. 16
market rules means the market rules made under previous 17
section 360ZCX and in effect immediately before the repeal 18
of that section under the amending Act, section 51. 19
non-potable water means water that has not been treated by a 20
service provider. 21
transitional regulation see section 1225(1). 22
`1221 Existing grid contracts 23
`(1) An existing grid contract-- 24
(a) continues to have effect after the commencement of the 25
amending Act, section 51; and 26
(b) ends on the day a bulk water supply agreement is made 27
by the Minister under section 360G for each party to the 28
existing contract that is a bulk water party for the bulk 29
water supply agreement. 30
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
`(2) Despite subsection (1)(b), a term of an existing grid contract 1
continues to have effect if the term-- 2
(a) states it survives the ending of the contract; or 3
(b) is prescribed to survive the ending of the contract under 4
a transitional regulation. 5
Example for paragraph (a)-- 6
An existing grid contract may state that a party to the contract 7
must maintain an insurance policy for a particular period after 8
the ending of the contract. 9
`(3) Previous section 360ZDI continues to apply in relation to a 10
term in an existing grid contract that continues to have effect 11
under subsection (2) as if the amending Act had not been 12
enacted. 13
`1222 Existing customer contracts 14
`An existing customer contract-- 15
(a) continues to have effect after the commencement of the 16
amending Act, section 51; and 17
(b) ends on the day a contract for the supply of non-potable 18
water is executed between the person and the bulk water 19
supply authority to replace the existing customer 20
contract. 21
`1223 Market rules 22
`The market rules-- 23
(a) continue to have effect after the commencement of the 24
amending Act, section 51; and 25
(b) cease to have effect on the day the bulk water supply 26
code takes effect under section 360P. 27
`1224 Consultation for first code 28
`(1) This section applies to the first bulk water supply code made 29
by the Minister under section 360M. 30
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
`(2) Despite section 360M, the Minister may make the first code if 1
the Minister is satisfied that each entity to be affected by the 2
first code has been sufficiently consulted about the proposed 3
first code even if the consultation happened before the 4
commencement of section 360M. 5
`1225 Transitional regulation-making power for market rules 6
and contracts 7
`(1) A regulation (a transitional regulation) may make provision 8
of a saving or transitional nature about a matter-- 9
(a) necessary or convenient to give effect to the transition 10
from-- 11
(i) the market rules to the bulk water supply code; or 12
(ii) an existing grid contract to a bulk water supply 13
agreement; or 14
(iii) an existing customer contract to a contract for the 15
supply of non-potable water; and 16
(b) for which this Act does not make provision or sufficient 17
provision. 18
`(2) A transitional regulation may have retrospective operation to a 19
day that is not earlier than the day on which this section 20
commences. 21
`(3) A transitional regulation must declare it is a transitional 22
regulation. 23
`(4) This section and any transitional regulation expire 1 year after 24
this section commences. 25
`Subdivision 5 Miscellaneous provisions 26
`1226 Continuation of system operating plan 27
`(1) This section applies until a regulation is first made under 28
section 344 to prescribe the desired level of service objectives 29
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
for water security for the SEQ region or part of the SEQ 1
region. 2
`(2) The system operating plan as in effect on 31 December 2012 3
continues to have effect for the SEQ region. 4
`(3) Each entity to which the system operating plan applies must 5
ensure the plan is complied with to the extent it applies to the 6
entity. 7
`(4) In this section-- 8
system operating plan means the system operating plan for 9
the SEQ region made under previous chapter 2A, part 5, 10
division 2. 11
`1227 Delayed application of ss 350-352 12
`Sections 350, 351 and 352 do not apply to a designated water 13
security entity until the day that is 1 year after a regulation is 14
first made under section 344. 15
`1228 Notice to prepare water efficiency management plan 16
given before commencement of no effect 17
`(1) This section applies if, before the commencement, the former 18
commission gave a customer a notice under previous section 19
360ZCB(4) to prepare a water efficiency management plan. 20
`(2) On the commencement-- 21
(a) the notice ceases to have effect; and 22
(b) the customer is not required to-- 23
(i) prepare a water efficiency management plan; or 24
(ii) give the plan to the former commission. 25
`1229 Water efficiency management plan made before 26
commencement of no effect 27
`(1) This section applies to a water efficiency management plan 28
prepared before the commencement by a customer, or type of 29
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
customer, as required by the former commission under 1
previous section 360ZCB(4). 2
`(2) On the commencement, the water efficiency management plan 3
ceases to have effect. 4
`1230 Commission water restriction imposed before 5
commencement of no effect 6
`(1) This section applies to a commission water restriction 7
imposed by the former commission under previous section 8
360ZD. 9
`(2) On the commencement, the commission water restriction 10
ceases to have effect. 11
`1231 Particular underground water impact reports taken to 12
have been given by the office 13
`(1) This section applies to an underground water impact report 14
that was, before the commencement-- 15
(a) given to the chief executive by the former commission 16
under section 370; and 17
(b) approved by the chief executive under section 385(1). 18
`(2) The underground water impact report is taken to have been 19
given to the chief executive by the office. 20
`1232 Expenditure Advisory Committee 21
`An advisory body called the Expenditure Advisory 22
Committee, established by the former commission under 23
previous section 360C and in existence immediately before 24
the commencement, is taken to be, on the commencement, an 25
advisory body established under section 461-- 26
(a) with the same name as the former committee; and 27
(b) to perform the same functions in relation to the office as 28
the former committee performed for the former 29
commission. 30
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 77]
`1233 First manager of the office 1
`(1) This section applies to the person who, immediately before 2
the commencement, held office as the commission's General 3
Manager, Coal Seam Gas Water (the old office). 4
`(2) On the commencement-- 5
(a) the old office ends; and 6
(b) the person is taken to have been appointed as the 7
manager of the office. 8
`(3) The person holds the office of manager for a term of 5 years 9
from when the person was most recently appointed to the old 10
office. 11
`(4) The person's conditions of employment for the office of 12
manager are the conditions of employment for the old office 13
immediately before the commencement. 14
`(5) Subsection (4) applies subject to subsection (3) and any 15
necessary changes from the old office to the office of 16
manager. 17
`(6) Subject to subsections (3) to (5), chapter 3A, part 1, division 18
4, subdivision 1 applies to the person for the person's holding 19
of the office of manager. 20
`(7) In this section-- 21
commencement means the commencement of the amending 22
Act, section 42. 23
conditions of employment includes allowances for variations 24
to remuneration. 25
`1234 Transitional regulation-making power for former 26
commission and office 27
`(1) A regulation (a transitional regulation) may make provision 28
of a saving or transitional nature about a matter-- 29
(a) necessary or convenient to give effect to the transition 30
from the former commission to the office; or 31
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 78]
(b) for which this Act does not make provision or sufficient 1
provision. 2
`(2) A transitional regulation may have retrospective operation to a 3
day that is not earlier than the day on which this section 4
commences. 5
`(3) A transitional regulation must declare it is a transitional 6
regulation. 7
`(4) This section and any transitional regulation expire 1 year after 8
this section commences.'. 9
Clause 78 Amendment of sch 4 (Dictionary) 10
(1) Schedule 4, definitions anniversary day, approved water 11
efficiency management plan, chief executive, commercially 12
sensitive, commission, commission CEO, commissioner, 13
commission water restriction, declarations register, declared 14
water service, desired levels of service objectives, distribution 15
service provider, grid contract document, grid customer, grid 16
service provider, limited authority, market, market rules, 17
receiving entity, regional water security options, regional 18
water security program, registered grid participant, relevant 19
authority, rules administrator, scheme, service provider water 20
restriction, spot audit report, system operating plan, transfer 21
notice, transferring entity, water efficiency management plan, 22
water service declaration and water service provider-- 23
omit. 24
(2) Schedule 4-- 25
insert-- 26
`agreement amendment, for chapter 2A, part 3, see section 27
360H(2). 28
bulk services see section 360C. 29
bulk water customer see section 360C. 30
bulk water party see section 360C. 31
bulk water supply agreement see section 360G(1). 32
Page 87
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Water Act 2000
[s 78]
bulk water supply code see section 360M(1). 1
code-regulated entity, for chapter 2A, part 3, see section 2
360C. 3
designated water security entity see section 349. 4
desired level of service objectives, for water security, means 5
the desired levels of service objectives for water security 6
prescribed under section 344. 7
emergency plan, for chapter 2A, part 3, see section 360C. 8
Groundwater Impact Assessment Fund means the 9
Groundwater Impact Assessment Fund established under 10
section 478. 11
manager means the manager of the office. 12
mandatory term, for chapter 2A, part 3, see section 13
360G(2)(a). 14
nominated water service provider see section 343. 15
office means the Office of Groundwater Impact Assessment. 16
Office of Groundwater Impact Assessment means the Office 17
of Groundwater Impact Assessment established under section 18
455. 19
proposed desired level of service objectives see section 20
345(2)(a). 21
SEQ bulk supplier see section 360C. 22
SEQ service provider see the South-East Queensland Water 23
(Distribution and Retail Restructuring) Act 2009, schedule. 24
service provider water restriction see the Water Supply Act, 25
section 41. 26
water security program means a program that complies with 27
section 353. 28
water service provider means a person registered under the 29
Water Supply Act, chapter 2, part 3 as a service provider for a 30
water service.'. 31
(3) Schedule 4, definition designated region, `section 360D'-- 32
Page 88
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 5 Amendment of Water Fluoridation Act 2008
[s 79]
omit, insert-- 1
`section 342'. 2
(4) Schedule 4, definition publish, paragraph 2A(b), `Minister'-- 3
omit, insert-- 4
`Minister or chief executive'. 5
Part 5 Amendment of Water 6
Fluoridation Act 2008 7
Clause 79 Act amended 8
This part amends the Water Fluoridation Act 2008. 9
Clause 80 Insertion of new s 6A 10
Part 2-- 11
insert-- 12
`6A Meaning of eligible relevant public potable water 13
supply 14
`(1) An eligible relevant public potable water supply means a 15
relevant public potable water supply for which the public 16
potable water supplier had not, immediately before the 17
relevant commencement, made a substantial financial 18
investment in constructing fluoride-dosing equipment. 19
`(2) However, an eligible relevant public potable water supply 20
does not include the following-- 21
(a) a relevant public potable water supply to which fluoride 22
was being added immediately before the relevant 23
commencement; 24
(b) a relevant public potable water supply-- 25
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 5 Amendment of Water Fluoridation Act 2008
[s 81]
(i) for which fluoride-dosing equipment was, 1
immediately before the relevant commencement, 2
constructed; or 3
(ii) for which the public potable water supplier had, 4
immediately before the relevant commencement, 5
made a substantial financial investment in 6
constructing fluoride-dosing equipment; 7
(c) a relevant public potable water supply that is-- 8
(i) supplying water to an urban centre of more than 9
10000 members of the public; or 10
(ii) supplying water to more than 1 urban centre, or 11
locality, with an aggregate of more than 10000 12
members of the public; or 13
(iii) integrated to supply water to an urban centre of 14
more than 10000 members of the public. 15
`(3) In this section-- 16
locality means an area delimited as a locality under 17
1259.0.30.003 Australian Standard Geographical 18
Classification (ASGC) Urban Centres and Localities (UC/L) 19
Digital Boundaries, Australia, 2006 published by the 20
Australian Bureau of Statistics.'. 21
Clause 81 Replacement of s 7 (Requirement to add fluoride to 22
relevant public potable water supply) 23
Section 7-- 24
omit, insert-- 25
`7 Requirement to add fluoride to relevant public potable 26
water supply 27
(1) A public potable water supplier for a relevant public potable 28
water supply, other than a pre-existing fluoridated water 29
supply, must add fluoride to the water supply within the 30
prescribed period. 31
Page 90
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 5 Amendment of Water Fluoridation Act 2008
[s 82]
(2) Also, a public potable water supplier for a pre-existing 1
fluoridated water supply must continue to add fluoride to the 2
water supply. 3
Notes for subsections (1) and (2)-- 4
1 For the consequences of contravening subsection (1) or (2), see part 5
4. 6
2 Section 12 contains requirements about adding fluoride to a 7
relevant public potable water supply. 8
(3) In this section-- 9
pre-existing fluoridated water supply means a relevant public 10
potable water supply to which fluoride was being added-- 11
(a) immediately before the commencement of this Act; and 12
(b) immediately before 1 December 2012.'. 13
Clause 82 Amendment of s 8 (Exemption from requirement to add 14
fluoride to relevant public potable water supply) 15
(1) Section 8(1), `A public potable water supplier for a relevant 16
public potable water supply may apply in writing to the 17
Minister for an exemption from the requirement under section 18
7'-- 19
omit, insert-- 20
`A public potable water supplier for an eligible relevant public 21
potable water supply may apply in writing to the Minister for 22
an exemption from the requirement under section 7(1)'. 23
(2) Section 8(1)(c)-- 24
omit, insert-- 25
`(c) the addition of fluoride to the water supply is unlikely to 26
result in a substantial ongoing oral health benefit to 27
1000 or more members of the public serviced by the 28
water supply; 29
Example for paragraph (c)-- 30
Members of the public serviced by the water supply are unlikely 31
to consume a sufficient quantity of water from the water supply 32
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 5 Amendment of Water Fluoridation Act 2008
[s 83]
because the colour, odour, taste or turbidity of the water supply 1
results in the water being unpalatable. 2
(d) the water supply supplies water to an urban centre of 3
fewer than 10000 members of the public and the cost to 4
those members or the water supplier of implementing or 5
maintaining the addition of fluoride to the water supply 6
is unreasonable; 7
(e) the water supplier can not ensure the effective and safe 8
addition of fluoride to the water supply; 9
Examples for paragraph (e)-- 10
1 The water supplier can not employ and retain adequately 11
qualified persons to operate equipment used in relation to 12
adding fluoride. 13
2 The remote location of the fluoride-dosing equipment for a 14
water supply means the water supplier can not accurately 15
monitor the concentration of the fluoride added to the water 16
supply. 17
3 The high temperature of the water supply means the water 18
supplier can not accurately monitor the concentration of the 19
fluoride added to the water supply. 20
(f) the quality of the water supplied from the water supply 21
may not provide a safe supply of potable water for 22
members of the public who consume water from the 23
water supply. 24
Example for paragraph (f)-- 25
absence of adequate water treatment'. 26
Clause 83 Amendment of s 9 (When applicant not required to 27
comply with s 7) 28
(1) Section 9, heading, `s 7'-- 29
omit, insert-- 30
`s 7(1)'. 31
(2) Section 9(1) and (2), `section 7'-- 32
omit, insert-- 33
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 5 Amendment of Water Fluoridation Act 2008
[s 84]
`section 7(1)'. 1
Clause 84 Amendment of s 10 (Minister may refuse vexatious 2
application) 3
Section 10(3), `section 7'-- 4
omit, insert-- 5
`section 7(1)'. 6
Clause 85 Insertion of new pt 12 7
After section 101-- 8
insert-- 9
`Part 12 Transitional provision for South 10
East Queensland Water 11
(Restructuring) and Other 12
Legislation Amendment Act 13
2012 14
`102 Applications for exemption 15
`An application for an exemption under section 8 made but not 16
decided before the relevant commencement is to be decided as 17
if it had been made under section 8 as in force after the 18
relevant commencement.'. 19
Clause 86 Amendment of schedule (Dictionary) 20
Schedule-- 21
insert-- 22
`eligible relevant public potable water supply see section 6A. 23
relevant commencement means the commencement of the 24
South East Queensland Water (Restructuring) and Other 25
Legislation Amendment Act 2012, part 5. 26
Page 93
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 87]
urban centre means an area delimited as an urban centre 1
under 1259.0.30.003 Australian Standard Geographical 2
Classification (ASGC) Urban Centres and Localities (UC/L) 3
Digital Boundaries, Australia, 2006 published by the 4
Australian Bureau of Statistics.'. 5
Part 6 Amendment of Water Supply 6
(Safety and Reliability) Act 2008 7
Clause 87 Act amended 8
This part amends the Water Supply (Safety and Reliability) 9
Act 2008. 10
Clause 88 Amendment of s 13 (Requirement for responsible entity 11
to give information) 12
(1) Section 13(5), definition responsible entity, paragraphs (a), (b) 13
and (e)-- 14
omit. 15
(2) Section 13(5), definition responsible entity, paragraphs (c) to 16
(f)-- 17
renumber as section 13(5), definition responsible entity, 18
paragraphs (a) to (c). 19
Clause 89 Amendment of s 41 (Restricting water supply outside the 20
SEQ region) 21
(1) Section 41, heading, `outside the SEQ region'-- 22
omit. 23
(2) Section 41(1), `other than a water service provider in the SEQ 24
region'-- 25
omit. 26
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South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 90]
(3) Section 41(2)(a), `it because of climatic conditions or water 1
conservation needs'-- 2
omit, insert-- 3
`the service provider water restriction'. 4
Clause 90 Amendment of s 42 (Regulator may direct restriction) 5
(1) Section 42(1)(a), `outside the SEQ region or a designated 6
region'-- 7
omit. 8
(2) Section 42(1)(b), `the area'-- 9
omit, insert-- 10
`the area or another area'. 11
(3) Section 42-- 12
insert-- 13
`(1A) To remove any doubt, it is declared that the regulator may 14
direct a service provider for an area not under an immediate 15
significant threat to sustainable and secure water supply to 16
impose a restriction if the regulator considers the restriction is 17
necessary or desirable because of a significant threat to 18
sustainable and secure water supply in another area. 19
Example-- 20
The regulator may direct the Gold Coast City Council to impose a 21
restriction if another area in the SEQ region is facing a significant threat 22
to its water supply and water from the Hinze Dam is needed for the 23
other area.'. 24
(4) Section 42(2), `provider, direct'-- 25
omit, insert-- 26
`provider for the area or the other area, direct'. 27
(5) Section 42(2)(a), `the area'-- 28
omit, insert-- 29
`the area or the other area'. 30
Page 95
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 91]
Clause 91 Amendment of s 51 (Application of div 6) 1
(1) Section 51(1)-- 2
omit, insert-- 3
`(1) This division applies for a non-residential customer who does 4
not hold a water entitlement.'. 5
(2) Section 51(2), `in the region'-- 6
omit. 7
(3) Section 51(3)-- 8
omit, insert-- 9
`(3) Also, if a customer to whom this division applies is a 10
customer of more than 1 water service provider, the water 11
service provider who provides the customer with the most 12
water is the water service provider for the customer for this 13
division.'. 14
Clause 92 Amendment of s 52 (When water efficiency management 15
plan may be required) 16
Section 52(3), `notice, approved by the chief executive'-- 17
omit, insert-- 18
`notice'. 19
Clause 93 Amendment of s 132 (Application of div 7) 20
Section 132, `or a designated region'-- 21
omit. 22
Clause 94 Amendment of s 138 (Guidelines for rate notice or 23
account for supply of water to residential premises) 24
Section 138(1)-- 25
omit, insert-- 26
`(1) A rate notice or account issued by the water service provider, 27
or the related local government, for the supply of water to the 28
Page 96
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 95]
residential premises, must comply with guidelines made by 1
the regulator.'. 2
Clause 95 Amendment of s 139 (Service provider to give occupier 3
water advice) 4
Section 139(4)(b), `or commission water restrictions'-- 5
omit. 6
Clause 96 Amendment of s 169 (Restricting domestic water supply 7
in particular circumstances) 8
(1) Section 169(1)(a), `used for domestic purposes'-- 9
omit. 10
(2) Section 169(1)(b)(i), `or a commission water restriction'-- 11
omit. 12
Clause 97 Amendment of s 318 (Meaning of relevant location for a 13
drinking water service provider) 14
Section 318(2)-- 15
omit. 16
Clause 98 Insertion of new s 356A 17
After section 356-- 18
insert-- 19
`356A Compliance with safety or development condition 20
`The owner of a referable dam to which a safety condition or 21
other development condition applies must not contravene the 22
condition. 23
Maximum penalty--1665 penalty units.'. 24
Page 97
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 99]
Clause 99 Amendment of s 497 (Limitation on who may bring 1
particular proceedings) 2
Section 497(1)-- 3
insert-- 4
`(d) for an offence against a provision of chapter 4--the 5
Attorney-General or chief executive.'. 6
Clause 100 Amendment of s 579 (Regulator may share particular 7
information) 8
(1) Section 579(2)(a), (b) and (d)-- 9
omit. 10
(2) Section 579(2)(c) to (f)-- 11
renumber as section 579(2)(a) to (c). 12
(3) Section 579(3), definition responsible entity, paragraph (d)-- 13
omit. 14
Clause 101 Amendment of sch 3 (Dictionary) 15
(1) Schedule 3, definitions commission water restriction, 16
designated region and SEQ Water Grid Manager-- 17
omit. 18
(2) Schedule 3-- 19
insert-- 20
`development permit means a development permit as defined 21
under the Planning Act.'. 22
Page 98
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Part 7 Minor and consequential amendments
[s 102]
Part 7 Minor and consequential 1
amendments 2
Clause 102 Acts amended 3
The schedule amends the Acts it mentions. 4
Page 99
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
Schedule Acts amended 1
section 102 2
Part 1 Amendments commencing on 3
assent 4
Local Government Act 2009 5
1 Section 290(1)-- 6
insert-- 7
`Note-- 8
Some employees to whom this section applies have, since the enactment 9
of this section, been transferred to the Queensland Bulk Water Supply 10
Authority under a regulation made under the South East Queensland 11
Water (Restructuring) Act 2007, section 105. The LG super scheme 12
continues to apply to those employees--see section 300.'. 13
2 Chapter 9-- 14
insert-- 15
`Part 5 Transitional provision for South 16
East Queensland Water 17
(Restructuring) and Other 18
Legislation Amendment Act 19
2012 20
`300 Superannuation for particular LinkWater employees 21
transferred to Queensland Bulk Water Supply Authority 22
`(1) This section applies if employees of LinkWater who are 23
members of the LG super scheme are, or have been, 24
transferred to the Queensland Bulk Water Supply Authority 25
Page 100
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
(the Authority) under a regulation made under the South East 1
Queensland Water (Restructuring) Act 2007, section 105. 2
`(2) Chapter 7, part 2 applies to the Authority and the transferred 3
employees. 4
`(3) For applying chapter 7, part 2 to the Authority and the 5
transferred employees-- 6
(a) the Authority is taken to be-- 7
(i) a local government entity in relation to transferred 8
employees other than former BCC employees; or 9
(ii) the Brisbane City Council in relation to former 10
BCC employees; and 11
(b) a transferred employee is taken to be an eligible 12
member; and 13
(c) if a transferred employee was, immediately before the 14
transfer mentioned in subsection (1), a permanent 15
employee--the transferred employee is taken to 16
continue to be a permanent employee. 17
`(4) In this section-- 18
former BCC employee means a transferred employee who 19
was transferred to LinkWater from the Brisbane City Council 20
under a transfer notice under the South East Queensland 21
Water (Restructuring) Act 2007, repealed section 67. 22
LinkWater means the Queensland Bulk Water Transport 23
Authority established under the South East Queensland Water 24
(Restructuring) Act 2007, section 6. 25
permanent employee means-- 26
(a) a permanent employee under section 219; or 27
(b) a BCC permanent employee under the Local 28
Government (Operations) Regulation 2010, schedule 7. 29
Queensland Bulk Water Supply Authority means the 30
Queensland Bulk Water Supply Authority established under 31
the South East Queensland Water (Restructuring) Act 2007, 32
section 6. 33
Page 101
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
transferred employee means an employee mentioned in 1
subsection (1).'. 2
Part 2 Amendments commencing by 3
proclamation 4
Energy and Water Ombudsman Act 2006 5
1 Section 46(7)-- 6
omit, insert-- 7
`(7) The energy and water ombudsman or the non-entity party 8
may, by written notice, refer the noncompliance to the 9
regulator under the Water Supply (Safety and Reliability) Act 10
2008, section 10.'. 11
2 Section 77(3)(a)(v)-- 12
omit, insert-- 13
`(v) matters referred to an energy Act regulator, QCA 14
or the regulator under the Water Supply (Safety and 15
Reliability) Act 2008, section 10; and'. 16
3 Section 78(1)(c)-- 17
omit, insert-- 18
`(c) the regulator under the Water Supply (Safety and 19
Reliability) Act 2008, section 10;'. 20
4 Section 80(4), definition relevant regulatory body, 21
paragraph (b)-- 22
omit, insert-- 23
Page 102
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
`(b) in relation to a water entity--the regulator under the 1
Water Supply (Safety and Reliability) Act 2008, section 2
10.'. 3
5 Schedule, definition Queensland Water Commission-- 4
omit. 5
Public Service Act 2008 6
1 Schedule 1, entry for `Queensland Water Commission 7
under the Water Act 2000'-- 8
omit. 9
South East Queensland Water (Restructuring) Act 10
2007 11
1 References to new water entities and their boards 12
Each provision mentioned in column 1 is amended by 13
omitting the words mentioned in column 2 and inserting the 14
words mentioned in column 3-- 15
16
Column 1 Column 2 Column 3
Provision Words omitted Words inserted
section 7, heading new water entities Authority
section 7 A new water entity The Authority
a new water entity the Authority
a new water entity's the Authority's
Page 103
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
Column 1 Column 2 Column 3
Provision Words omitted Words inserted
section 8 a new water entity the Authority
the entity's the
the entity the Authority
its board the board
section 12 A new water entity The Authority
section 13 A new water entity The Authority
officer of the entity officer
employee of the entity employee
chapter 2, part 2, Boards Board
heading
section 14, heading boards board
section 14 Each new water entity The Authority
a new water entity the Authority
its board the board
section 15, heading boards board
section 15 A new water entity's The
the entity the Authority
the entity's performance the Authority's performance
the entity's chief the chief
section 16 A board The board
entity's Authority's
sections 17 and 18 For each board, the The
members as members of the board as
sections 19 and 20 a board the board
section 21 A board The board
a board the board
Page 104
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
Column 1 Column 2 Column 3
Provision Words omitted Words inserted
Note--
Section 22--see amendment 2.
section 23 of a board of the board
section 24 A board The board
by a board by the board
section 25 A board The board
section 26 of a board of the board
section 27 Each new water entity The Authority
the entity's the
the entity the Authority
Note--
Section 31--see amendment 3.
section 32 a new water entity by its the Authority by the
the entity the Authority
section 33 a new water entity the Authority
the new water entity's the
section 34 A new water entity The Authority
a new water entity's the Authority's
section 35 A new water entity The Authority
section 36 A new water entity's The
the entity's the Authority's
section 37 A new water entity's The
the entity's the Authority's
section 38 a new water entity's the Authority's
entity or its Authority or the
entity or board Authority or the board
Page 105
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
Column 1 Column 2 Column 3
Provision Words omitted Words inserted
section 40, definition , of a new water entity, means its means the Authority's
annual report
section 41 a new water entity's the
report of the entity report
section 42 report of a new water entity report
section 43 A new water entity's The
the entity the Authority
section 45 a new water entity's the
plan for the entity plan
sections 47 and 48 entity's Authority's
section 49 A new water entity The Authority
section 50 board of a new water entity board
entity's Authority's
section 51 A new water entity's The Authority's
the entity's the Authority's
the entity the Authority
for a new water entity other than an
the water grid manager, an
Note--
Section 52--see amendment 4.
section 53 A new water entity The Authority
section 54 a new water entity the Authority
the entity's its
the entity the Authority
Note--
Section 55--see amendment 4.
Page 106
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
Column 1 Column 2 Column 3
Provision Words omitted Words inserted
section 56, definition a new water entity the Authority
community service
obligations
the entity's board the board
entity's commercial Authority's commercial
section 57 a new water entity the Authority
a new water entity's the Authority's
A new water entity's The Authority's
the entity the Authority
the entity's the Authority's
section 58 a new water entity's board the board
the entity the Authority
section 59 A new water entity The Authority
a new water entity the Authority
section 60 A new water entity The Authority
the entity the Authority
section 61 a new water entity's board the board
the entity the Authority
for a new water entity other than ask
the water grid manager, ask
section 62 a new water entity the Authority
new water entities the Authority
A new water entity The Authority
Note--
Section 62(6), definition tax equivalents--see amendment 5.
section 63, heading New water entity Authority
section 63 a new water entity and its the Authority and the
Page 107
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
Column 1 Column 2 Column 3
Provision Words omitted Words inserted
section 64, heading new water entities Authority
section 64 A new water entity The Authority
a new water entity that has the Authority on its expiry
expired
expiry of a new water entity expiry of the Authority
the entity the Authority
entity's Authority's
section 104 a new water entity the Authority
section 109, heading new water entity Authority
section 109 a new water entity (the first the Authority
entity)
first entity Authority
first entity's Authority's
section 116 Minister or under section 67, Minister,
schedule 3, definition of a new water entity, for for
annual report
schedule 3, definition a new water entity the Authority
operational plan
entity's Authority's
schedule 3, definition a new water entity the Authority
senior executive
the entity the Authority
the entity's the
schedule 3, definition a new water entity the Authority
strategic plan
entity's Authority's
schedule 3, definition a new water entity the Authority
subsidiary
the new water entity the Authority
Page 108
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
2 Section 22-- 1
omit, insert-- 2
`22 Quorum 3
`A quorum for the board is-- 4
(a) if the board has 2 members--both members; or 5
(b) if the board has 3 or more members--3 members.'. 6
3 Section 31-- 7
omit, insert-- 8
`31 Chief executive officer's responsibilities 9
`The chief executive officer is, under the board, responsible 10
for managing the Authority's affairs under-- 11
(a) this Act and other relevant legislation; and 12
(b) the board's policies.'. 13
4 Sections 52 and 55-- 14
omit. 15
5 Section 62(6), definition tax equivalents-- 16
omit, insert-- 17
`tax equivalents means amounts paid by the Authority to the 18
responsible Ministers, for payment into the consolidated fund, 19
as the value of benefits derived by the Authority because it is 20
not liable to pay Commonwealth tax that would be payable by 21
it if it were not a government entity.'. 22
6 Schedule 3, definitions board, new water entities, 23
responsible Ministers and water grid manager-- 24
omit. 25
Page 109
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
7 Schedule 3-- 1
insert-- 2
`Authority see section 6(1). 3
board means the Authority's board. 4
chief executive officer means the chief executive officer of the 5
Authority appointed under section 27. 6
responsible Ministers means-- 7
(a) the Minister administering this Act; and 8
(b) the Minister administering the Authority. 9
statement of obligations, of the Authority, means a statement 10
of obligations issued to the Authority and in effect under 11
chapter 2, part 4, division 5.'. 12
Water Act 2000 13
1 Section 33(3)(a)-- 14
omit, insert-- 15
`(a) for a dam in the SEQ region--the bulk water supply 16
authority;'. 17
2 Section 190(d)(ii), `water grid manager'-- 18
omit, insert-- 19
`bulk water supply authority'. 20
3 Section 206(4)(h), `water grid manager'-- 21
omit, insert-- 22
`bulk water supply authority'. 23
Page 110
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
Schedule
4 Section 213(1)(e)(vii), `water grid manager'-- 1
omit, insert-- 2
`bulk water supply authority'. 3
5 Section 1013D, heading, `new water entities'-- 4
omit, insert-- 5
`bulk water supply authority'. 6
6 Section 1013D(1), `a new water entity'-- 7
omit, insert-- 8
`the bulk water supply authority'. 9
7 Section 1013D(2), `new water entity'-- 10
omit, insert-- 11
`bulk water supply authority'. 12
8 Section 1013D(4)-- 13
omit. 14
9 Schedule 4, definition water grid manager-- 15
omit. 16
© State of Queensland 2012
Page 111
AMENDMENTS TO BILL
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
South East Queensland Water
(Restructuring) and Other Legislation
Amendment Bill 2012
Amendments agreed to during Consideration
1 Clauses 80 to 84
Page 89, lines 10 to 25, page 90. lines 1 to 31, page 91, lines 1
to 32, pages 92, lines 1 to 33 and page 93, lines 1 to 6--
omit, insert--
`80 Amendment of s 4 (Object of Act)
`Section 4(2)--
omit.
`81 Omission of s 6 (Meaning of relevant public potable water
supply)
`Section 6--
omit.
`82 Replacement of ss 7-11
`Sections 7 to 11--
omit, insert--
`7 Decisions about fluoridation of public potable water
supplies
`(1) A local government may decide that fluoride be added to the
water supply that supplies potable water to the community in
its local government area if it is satisfied the decision is in the
best interests of the community.
`(2) If a local government makes a decision under subsection (1)--
(a) if the local government is not the public potable water
supplier for the potable water supply that supplies
Page 1
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
potable water to the community--the local government
must give the water supplier notice of the decision; and
(b) the water supplier must add fluoride, or continue to add
fluoride, to the water supply.
`(3) A local government may decide that fluoride not be added to
the water supply that supplies potable water to the community
in its local government area if it is satisfied the decision is in
the best interests of the community.
`(4) If a local government makes a decision under subsection (3)--
(a) if the local government is not the public potable water
supplier for the potable water supply that supplies
potable water to the community--the local government
must give the water supplier notice of the decision; and
(b) the water supplier must not add fluoride, or must cease
to add fluoride, to the water supply.
`(5) A local government may, before making a decision under
subsection (1) or (3), consult with the public potable water
supplier for the potable water supply about cost implications,
infrastructure arrangements and potential impact on water
supply inside or outside the local government area.
`(6) In this section--
community, of a local government, includes part of the
community of the local government.
`8 Requirement for public potable water supplier not to
impact on another local government
`(1) This section applies to a public potable water supplier for a
public potable water supply that is required under section 7 to
add fluoride, or cease to add fluoride, to the water supply that
supplies potable water to a community in a local government
area.
`(2) The public potable water supplier must not, when adding
fluoride, or ceasing to add fluoride, to the water supply, affect
another local government's water security or water supply or
Page 2
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
the fluoridation of another local government's water supply
without the other local government's agreement.
`9 Costs
`If--
(a) a local government makes a decision under section 7 to
add fluoride, or cease to add fluoride, to the water
supply that supplies potable water to the community in
its local government area; and
(b) the local government is not the public potable water
supplier for the potable water supply; and
(c) the public potable water supplier for the potable water
supply incurs costs (compliance costs) in complying
with the local government's decision;
the local government must pay the public potable water
supplier's compliance costs.'.
`83 Replacement of s 13 (Notification of intention to add
fluoride to public potable water supply)
`Section 13--
omit, insert--
`13 Notification of intention relating to fluoridation of public
potable water supply
`(1) This section applies if a local government makes a decision (a
fluoridation decision) to add fluoride, or cease to add
fluoride, to the public potable water supply that supplies
potable water to the community, or part of its community, in
its local government area.
`(2) The local government must--
(a) give the chief executive a notice stating that the local
government has made a fluoridation decision and the
nature of the decision; and
Page 3
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
(b) publish the notice at least once in a newspaper
circulating in the area of the State serviced by the water
supply.
`(3) The public potable water supplier for the public potable water
supply must, at least 30 days before adding fluoride or ceasing
to add fluoride to the water supply--
(a) give a fluoridation notice to the chief executive; and
(b) publish the fluoridation notice at least once in a
newspaper circulating in the area of the State serviced
by the water supply.
`(4) In this section--
fluoridation notice means a notice stating--
(a) that the local government has made a fluoridation
decision; and
(b) that the public potable water supplier for the public
potable water supply intends to add fluoride or cease to
add fluoride to the water supply from a stated day.'.
`84 Amendment of s 14 (Only certain persons may add
fluoride to a public potable water supply)
`Section 14(c), `section 21 or 60'--
omit, insert--
`section 60'.
`84A Omission of pt 4 (Noncompliance with requirement to
add fluoride to relevant public potable water supply)
`Part 4--
omit.
`84B Amendment of s 57 (Definition for div 3)
`(1) Section 57, heading, `Definition'--
omit, insert--
Page 4
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
`Definitions'.
`(2) Section 57, definition the contravention, `section 58(2)(b)'--
omit, insert--
`section 58(b)'.
`84C Amendment of s 58 (Application of div 3)
`(1) Section 58(1)--
omit.
`(2) Section 58(2), `Subject to subsection (1), this'--
omit, insert--
`This'.
`84D Omission of pt 7 (Queensland Fluoride Committee)
`Part 7--
omit.
`84E Amendment of s 85 (Appointments and authority)
`(1) Section 85(c)--
omit.
`(2) Section 85(d)--
renumber as section 85(c).
`84F Amendment of s 87 (Evidentiary provisions)
`Section 87(1)(d), `or a member of the committee'--
omit.
`84G Amendment of s 95 (Protecting officials from liability)
`(1) Section 95(3), definition official, paragraph (c)--
omit.
Page 5
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
`(2) Section 95(3), definition official, paragraphs (d) to (f)--
renumber as paragraphs (c) to (e).
`84H Amendment of s 96 (Indemnity)
`(1) Section 96(1), after `indemnify'--
insert--
`a local government or'
`(2) Section 96(1), `section 7 or 11'--
omit, insert--
`section 7'.
`84I Amendment of s 100 (Regulation-making power)
`(1) Section 100(2)(a)--
omit.
`(2) Section 100(2)(b) to (f)--
renumber as section 100(2)(a) to (e).'.
2 Clause 85 (Insertion of new pt 12)
Page 93, line 10, `provision'--
omit, insert--
`provisions'.
3 Clause 85 (Insertion of new pt 12)
Page 93, lines 15 to 19--
omit, insert--
`102 Definitions for pt 12
`In this part--
amending Act means the South East Queensland Water
(Restructuring) and Other Legislation Amendment Act 2012.
Page 6
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
commencement means the commencement of this section.
former, in relation to a provision, means the provision as in
force immediately before the repeal or amendment of the
provision under the amending Act.
relevant public potable water supply see former section 6.
`103 Adding fluoride to relevant public potable water supply
continues
`(1) This section applies to a public potable water supplier for a
public potable water supply that is, immediately before the
commencement, adding fluoride to the water supply.
`(2) From the commencement, the public potable water supplier
must continue to add fluoride to the water supply until the
local government in whose area the potable water is supplied
makes a decision under section 7 to cease to add fluoride to
the water supply.
`(3) This section applies despite the repeal of former sections 7
and 11.
`104 Exemptions and applications for exemptions from
requirements to add fluoride to relevant public potable
water supply
`(1) Subsection (2) applies to an exemption given under former
section 8 from the requirement under former section 7 for a
public potable water supplier for a relevant public potable
water supply to add fluoride to the water supply.
`(2) On the commencement, the exemption is of no effect.
`(3) An application for an exemption, made under former section 8
but not decided before the commencement, is taken never to
have been made.
`105 Dissolution of committee
`(1) This section applies to the Queensland Fluoridation
Committee established under former section 76.
Page 7
South East Queensland Water (Restructuring) and Other Legislation Amendment Bill 2012
`(2) On the commencement, the committee is dissolved and each
person who, immediately before the commencement, was a
member of the committee goes out of office.
`(3) No compensation is payable to a member because of
subsection (2).'.'.
4 Clause 86 (Amendment of schedule (Dictionary))
Page 93, lines 21 to 26 and page 94, lines 1 to 5--
omit, insert--
`Schedule, definitions accepted representations, appointed
members, chief dental officer, chief health officer, committee,
health executive, proposed action, relevant public potable
water supply, show cause notice and show cause period--
omit.'.
© State of Queensland 2012
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