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WATER AND OTHER LEGISLATION AMENDMENT BILL 2007

          Queensland



Water and Other Legislation
Amendment Bill 2007

 


 

 

Queensland Water and Other Legislation Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Body Corporate and Community Management Act 1997 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 20 (Utility infrastructure as common property) . 8 5 Amendment of s 196 (Utility services not separately charged for) 9 Part 3 Amendment of Integrated Planning Act 1997 6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Amendment of sch 8 (Assessable development and self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 4 Amendment of Lake Eyre Basin Agreement Act 2001 9 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Amendment of s 3 (Approval and ratification of agreements) . . . 13 12 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Schedule 3 Second Amending Agreement Part 5 Amendment of Land Act 1994 13 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14 Amendment of s 18 (Governor in Council may exchange land) . . 19 15 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 18A Grant or lease of unallocated State land in consideration of surrender of native title interest . . . . 19

 


 

2 Water and Other Legislation Amendment Bill 2007 Part 6 Amendment of Land and Other Legislation Amendment Act 2007 16 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17 Amendment of s 16 (Replacement of s 18 of Act No. 81 of 1994) 21 18 Amendment of s 27 (Amendment of s 36 of Act No. 81 of 1994) . 21 19 Amendment of s 49 (Replacement of s 94 of Act No. 81 of 1994) 21 20 Amendment of s 54 (Replacement of ch 3, pt 2, divs 4 and 5 of Act No. 81 of 1994). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 Amendment of s 91 (Replacement of s 180 of Act No. 81 of 1994) ........................................ 22 22 Amendment of s 98 (Amendment of s 192 of Act No. 81 of 1994) ...................................... 23 23 Amendment of s 143 (Amendment of s 290J of Act No. 81 of 1994) ........................................ 23 24 Amendment of s 199 (Insertion of new ch 9, pt 1D of Act No. 81 of 1994) ...................................... 23 25 Amendment of s 203 (Amendment of sch 6 of Act No. 81 of 1994) 23 26 Amendment of s 207 (Amendment of s 51 of Act No. 11 of 1994) ...................................... 24 Part 7 Amendment of Local Government Act 1993 27 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 28 Insertion of new ch 15, pt 5, div 7A . . . . . . . . . . . . . . . . . . . . . . . 24 Division 7A Monitoring commission water restrictions 1101A Power of entry for monitoring commission water restrictions ........................... 24 29 Amendment of s 1102 (General powers after entering places) . . 25 Part 8 Amendment of Murray-Darling Basin Act 1996 30 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 31 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 32 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 26 33 Amendment of s 5 (Approval of agreement). . . . . . . . . . . . . . . . . 26 34 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 5A Approval of first amending agreement . . . . . . . . . . . . 26 35 Amendment of schedule (Murray-Darling Basin Agreement) . . . . 27 36 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Schedule 2 First amending agreement Murray-Darling Basin Agreement Amending Agreement 2006 . . 27 Part 9 Amendment of Plumbing And Drainage Act 2002 37 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

 


 

3 Water and Other Legislation Amendment Bill 2007 38 Amendment of s 85 (Process for assessing plans) . . . . . . . . . . . 44 39 Amendment of s 85B (Restrictions on giving compliance permit for greywater use facility in a sewered area) . . . . . . . . . . . . . . . . 45 40 Amendment of s 85D (Restrictions on giving compliance permit for particular on-site sewerage work) . . . . . . . . . . . . . . . . . . . . . . 46 41 Amendment of s 86 (General process for assessing regulated work and on-site sewerage work). . . . . . . . . . . . . . . . . . . . . . . . . 46 42 Amendment of s 86C (Conditions of compliance certificate) . . . . 47 43 Amendment of s 94 (Conditions of approval) . . . . . . . . . . . . . . . . 47 44 Amendment of s 116 (Enforcement notices) . . . . . . . . . . . . . . . . 47 45 Amendment of s 125 (Restriction on building or installing particular on-site sewerage treatment plant) . . . . . . . . . . . . . . . . 48 46 Insertion of new s 127A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 127A Restriction on dismantling or taking away greywater treatment plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 47 Amendment of s 128E (Restrictions on operating particular on-site sewerage treatment plant) . . . . . . . . . . . . . . . . . . . . . . . . 48 48 Amendment of s128H (Obligations of person who services on-site sewerage facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 49 Insertion of new s 128JA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 128JA Water meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 50 Amendment of s 128K (Offence about discharging blackwater). . 49 51 Amendment of s 128M (Offences about discharging greywater other than kitchen greywater from premises) . . . . . . . . . . . . . . . . 50 52 Insertion of new s 128OA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 128OA Disposal of contents of greywater treatment plant . . . 51 53 Replacement of s 128P (Disposal of contents of on-site sewerage facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 128P Disposal of contents of on-site sewerage facility . . . . 51 54 Insertion of new s 128PA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 128PA Offence about using greywater. . . . . . . . . . . . . . . . . . 52 55 Insertion of new s 143C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 143C Local government's monitoring obligations for particular on-site sewerage facility . . . . . . . . . . . . . . . 53 56 Amendment of s 172 (Provisions for chemical, composting or incinerating toilets) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 57 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 53 Part 10 Amendment of Residential Tenancies Act 1994 58 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 59 Replacement of s 91A (Water service charge for premises other than moveable dwelling premises) . . . . . . . . . . . . . . . . . . . . . . . . 55

 


 

4 Water and Other Legislation Amendment Bill 2007 91A Water service charges for premises other than moveable dwelling premises . . . . . . . . . . . . . . . . . . . 55 60 Amendment of s 123A (Meaning of emergency repairs) . . . . . . . 57 61 Insertion of new ch 11, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Part 5 Transitional provision for Water and Other Legislation Amendment Act 2007 355 Application of s 91A to existing fixed term agreement 57 Part 11 Amendment of Water Act 2000 62 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 63 Insertion of new ch 2, pt 2, div 2B . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 2B Restrictions on use of subartesian water 25ZA Application for approval to restrict use of subartesian water ................................ 58 25ZB Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 58 25ZC Notice about decision to give approval. . . . . . . . . . . . 59 25ZD Restriction of subartesian water by commission . . . . 59 25ZE Restriction of subartesian water by water service provider ............................. 60 64 Amendment of s 46 (Content of draft water resource plans) . . . . 60 65 Amendment of s 73 (Requirement for land and water management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 66 Amendment of s 129 (Changing water allocations under water allocation change rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 67 Insertion of new s 129A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 129A Changing water allocations assessed under water allocation change rules. . . . . . . . . . . . . . . . . . . . . . . . 61 68 Amendment of s 131 (Additional information may be required) . . 61 69 Amendment of s 133 (Applicant to pay cost of researching and investigating application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 70 Amendment of s 134 (Deciding application to change water allocation) ..................................... 62 71 Amendment of s 340 (Main purpose of ch 2A and its achievement) .................................. 62 72 Amendment of s 360J (Content of options) . . . . . . . . . . . . . . . . . 62 73 Amendment of s 360N (Effect of program for Integrated Planning Act 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 74 Amendment of s 360W (Content of plan) . . . . . . . . . . . . . . . . . . . 63 75 Amendment of s 360Y (Publication and taking effect of plan) . . . 63 76 Amendment of s 360Z (Amendment of plan) . . . . . . . . . . . . . . . . 64 77 Amendment of s 360ZA (Water service providers must comply with system operating plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

 


 

5 Water and Other Legislation Amendment Bill 2007 78 Amendment of s 360ZB (Publication requirements). . . . . . . . . . . 64 79 Amendment of s 360ZCB (When water efficiency management plan may be required). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 80 Amendment of s 360ZCD (Approving water efficiency management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 81 Amendment of s 360ZD (Restricting water supply) . . . . . . . . . . . 65 82 Amendment of s 384 (Power to enter places for restricted purposes) ..................................... 66 83 Insertion of new s 384A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 384A Power to enter place to read, check, maintain or replace meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 84 Amendment of s 388 (Restricting water supply). . . . . . . . . . . . . . 67 85 Insertion of new s 388A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 388A Regulator may direct restriction . . . . . . . . . . . . . . . . . 67 86 Amendment of ch 3, pt 2, div 6, hdg (Further powers of service providers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 87 Insertion of new s 398A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 398A No charge for non-Act water in rainwater tank . . . . . . 69 88 Amendment of s 400 (When water efficiency management plan may be required) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 89 Amendment of s 402 (Approving water efficiency management plan) ......................................... 69 90 Amendment of s 404 (Reporting under water efficiency management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 91 Amendment of s 420A (Spot audit by commission) . . . . . . . . . . . 70 92 Insertion of new ch 3, pt 3, div 2B . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2B Outdoor water use conservation plan 429L Application of div 2B. . . . . . . . . . . . . . . . . . . . . . . . . . 70 429M Water service provider to have outdoor water use conservation plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 429N Approving outdoor water use conservation plan . . . . 71 429O Changing outdoor water use conservation plan . . . . . 72 429P Complying with outdoor water use conservation plan 72 93 Insertion of new ch 3, pt 3, div 2C . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 2C Other service provider obligations Subdivision 1 Residential premises 429Q Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 73 429R Guidelines for rate notice or account for supply of water to residential premises . . . . . . . . . . . . . . . . . . . 73 429S Service provider to give occupier water advice . . . . . 74

 


 

6 Water and Other Legislation Amendment Bill 2007 Subdivision 2 Premises with more than 1 sole-occupancy unit 429T Service provider to give information about water usage ................................ 74 94 Amendment of s 430 (Service provider to report annually) . . . . . 75 95 Amendment of s 457 (Restricting domestic water supply in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 96 Amendment of s 811 (Tampering with devices) . . . . . . . . . . . . . . 76 97 Amendment of s 932 (Proceeding for offences) . . . . . . . . . . . . . . 77 98 Amendment of s 1004 (Referral panels established by the chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 99 Amendment of s 1010A (Non-disclosure of commercially sensitive information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 100 Amendment of s 1013 (Approved forms) . . . . . . . . . . . . . . . . . . . 77 101 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 78 102 Insertion of new s 1015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 1015 Provision for amended s 618 . . . . . . . . . . . . . . . . . . . 78 103 Insertion of new ch 9, pt 5, div 9. . . . . . . . . . . . . . . . . . . . . . . . . . 78 Division 9 Transitional provisions for Water and Other Legislation Amendment Act 2007 1151 Applications for change to water allocation . . . . . . . . 78 1152 Application of provision about outdoor water use conservation plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 1153 Application of provision about guidelines for rate notice or account for water supply . . . . . . . . . . . . . . . 79 1154 Application of provision about water advices . . . . . . . 79 1155 Plan taken to be water efficiency management plans 80 104 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 80 Part 12 Amendment of Water Amendment Act 2005 105 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 106 Amendment of s 7 (Insertion of new ch 3, pt 2, div 2A of Act No. 34 of 2000). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

 


 

2007 A Bill for An Act to amend the Water Act 2000, and for other particular purposes

 


 

s1 8 s4 Water and Other Legislation Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Water and Other Legislation 4 Amendment Act 2007. 5 Clause 2 Commencement 6 The following provisions commence on a day to be fixed by 7 proclamation-- 8 part 9; 9 part 11, section 92; 10 part 11, section 93, to the extent it inserts chapter 3, part 11 3, division 2C, subdivision 2 in the Water Act 2000; 12 part 11, section 103, to the extent it inserts section 1152 13 in the Water Act 2000. 14 Part 2 Amendment of Body Corporate 15 and Community Management 16 Act 1997 17 Clause 3 Act amended in pt 2 18 This part amends the Body Corporate and Community 19 Management Act 1997. 20 Clause 4 Amendment of s 20 (Utility infrastructure as common 21 property) 22 Section 20(1)-- 23

 


 

s5 9 s5 Water and Other Legislation Amendment Bill 2007 omit, insert-- 1 `(1) Common property for a community titles scheme includes all 2 utility infrastructure forming part of scheme land, other 3 than-- 4 (a) utility infrastructure that is-- 5 (i) a device for measuring the reticulation or supply of 6 water for a community titles scheme established 7 after 1 January 2008; and 8 (ii) installed after 1 January 2008, in relation to a 9 compliance request made under the Plumbing and 10 Drainage Act 2002 after 31 December 2007, on 11 infrastructure supplying water to a lot or land that 12 is common property for the community titles 13 scheme; or 14 Note-- 15 Under the Water Act 2000, section 383, the devices 16 mentioned in subparagraph (i) are the property of the 17 service provider supplying the water under that Act. 18 (b) utility infrastructure, other than utility infrastructure 19 mentioned in paragraph (a), that is-- 20 (i) solely related to supplying utility services to a lot; 21 and 22 (ii) within the boundaries of the lot (according to the 23 way the boundaries of the lot are defined in the 24 plan of subdivision under which the lot is created); 25 and 26 (iii) located other than within a boundary structure for 27 the lot.'. 28 Clause 5 Amendment of s 196 (Utility services not separately 29 charged for) 30 (1) Section 196(13)-- 31 renumber as section 196(14). 32 (2) Section 196-- 33 insert-- 34

 


 

s6 10 s7 Water and Other Legislation Amendment Bill 2007 `(13) This section does not apply to a community titles scheme 1 established after 1 January 2008 in relation to a utility service 2 that is water reticulation or supply if devices for separately 3 measuring the supply of water to each lot and the common 4 property are installed on the scheme land-- 5 (a) after 1 January 2008; and 6 (b) in relation to a compliance request made under the 7 Plumbing and Drainage Act 2002 after 31 December 8 2007.'. 9 Part 3 Amendment of Integrated 10 Planning Act 1997 11 Clause 6 Act amended in pt 3 12 This part amends the Integrated Planning Act 1997. 13 Clause 7 Amendment of sch 8 (Assessable development and 14 self-assessable development) 15 (1) Schedule 8, part 1, table 4, item 3(a), after `on a 16 watercourse'-- 17 omit, insert-- 18 `or lake if it is not self-assessable development'. 19 (2) Schedule 8, part 1, table 4, item 3(c)(i) and (ii), from `or 20 another Act'-- 21 omit, insert-- 22 `Act or the Water Act 2000'. 23 (3) Schedule 8, part 2, table 1, item 3-- 24 insert-- 25 `(d) the construction of structures, including, for example, 26 safety signs, swimming enclosures and aids to 27 navigation, if-- 28

 


 

s7 11 s7 Water and Other Legislation Amendment Bill 2007 (i) the impact on the area is minor; and 1 (ii) the structures are constructed in compliance with 2 all the requirements, under any Act, relating to a 3 structure of that type.'. 4 (4) Schedule 8, part 2, table 4, item 1, from `all things' to 5 `allows'-- 6 omit, insert-- 7 `for all things constructed or installed that allow the taking of, 8 or interfering with, water (other than using a water truck to 9 pump water) under the Water Act 2000, if the operations 10 allow, under that Act'. 11 (5) Schedule 8, part 2, table 4, item 1(b)(i) and (ii)-- 12 renumber as schedule 8, part 2, table 4, item 1(b)(ii) and (iii). 13 (6) Schedule 8, part 2, table 4, item 1(b)-- 14 insert-- 15 `(i) water in a watercourse, lake or spring, other than 16 under section 20(2), (3) or (5), of the Water Act 17 2000, if the operations are mentioned as 18 self-assessable development in a water resource 19 plan under the Water Act 2000 or, a wild river 20 declaration or are prescribed under a regulation 21 under this Act or the Water Act 2000; or'. 22 (7) Schedule 8, part 2, table 4, item 1(b)(ii) and (iii) as 23 renumbered, from `or another Act'-- 24 omit, insert-- 25 `Act or the Water Act 2000'. 26 (8) Schedule 8, part 2, table 4, item 2, from `if--'-- 27 omit, insert-- 28 `if the waterway barrier works is-- 29 (a) temporary; or 30 (b) minor; or 31 (c) rebuilt on a regular basis.'. 32

 


 

s8 12 s8 Water and Other Legislation Amendment Bill 2007 (9) Schedule 8, part 2, table 4, item 3-- 1 insert-- 2 `(d) the construction or placement of structures, including, 3 for example, safety signs, swimming enclosures and 4 aids to navigation, if-- 5 (i) the impact on the area is minor; and 6 (ii) the structures are constructed in compliance with 7 all the requirements, under any Act, relating to a 8 structure of that type; or 9 (e) public benefit works, including, for example, the 10 construction of runnels for mosquito control, the 11 removal of Lyngbya and seed collection for site 12 rehabilitation, if the impact on the area is minor.'. 13 (10) Schedule 8, part 2, table 4, item 4-- 14 insert-- 15 `(d) is reasonably necessary for the construction or 16 placement of structures, including, for example, 17 swimming enclosures, safety signs, aids to navigation, 18 fences, pontoons, public boat ramps and pipelines, if-- 19 (i) the extent of the removal, destruction or damage is 20 minor; and 21 (ii) the structures were constructed in compliance with 22 all the requirements, under any Act, relating to a 23 structure of that type; or 24 (e) is reasonably necessary for the construction of runnels 25 for mosquito control, removal of Lyngbya, seed 26 collection for site rehabilitation or the collection of 27 marine plants for fishing bait, or handicraft.'. 28 Clause 8 Amendment of sch 10 (Dictionary) 29 Schedule 10-- 30 insert-- 31 `Lyngbya means a plant of the genus Lyngbya.'. 32

 


 

s9 13 s 12 Water and Other Legislation Amendment Bill 2007 Part 4 Amendment of Lake Eyre Basin 1 Agreement Act 2001 2 Clause 9 Act amended in pt 4 3 This part amends the Lake Eyre Basin Agreement Act 2001. 4 Clause 10 Amendment of s 2 (Definitions) 5 (1) Section 2-- 6 insert-- 7 `second amending agreement means the agreement a copy of 8 which is set out in schedule 3.'. 9 (2) Section 2, definition agreement, after `amending 10 agreement'-- 11 insert-- 12 `and second amending agreement'. 13 Clause 11 Amendment of s 3 (Approval and ratification of 14 agreements) 15 Section 3-- 16 insert-- 17 `(c) the second amending agreement.'. 18 Clause 12 Insertion of new sch 3 19 After schedule 2, annexure B-- 20 insert-- 21 `Schedule 3 Second Amending Agreement 22 section 2, definition second amending agreement 23 `DEED dated the 23rd day of January 2007 24

 


 

s 12 14 s 12 Water and Other Legislation Amendment Bill 2007 BETWEEN: 1 THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth") 2 AND 3 THE STATE OF QUEENSLAND ("Queensland") 4 AND 5 THE STATE OF SOUTH AUSTRALIA ("South Australia") 6 AND 7 THE NORTHERN TERRITORY OF AUSTRALIA ("the Northern 8 Territory") 9 BACKGROUND 10 A. On the 21st day of October 2000, the Commonwealth, 11 Queensland and South Australia ("the Original Parties") 12 entered into the LAKE EYRE BASIN 13 INTERGOVERNMENTAL AGREEMENT ("the Original 14 Agreement") to provide for the establishment of arrangements 15 for the management of water and related natural resources for 16 that portion of the Lake Eyre Basin as identified in clause 1.1 17 of the Original Agreement. 18 B. On the 10th day of June 2004, the Original Parties and the 19 Northern Territory executed a Deed to admit the Northern 20 Territory as a party to the Original Agreement and to make 21 certain other amendments to the Original Agreement. 22 C. The Parties now wish to extend the boundaries of the area 23 covered under the Original Agreement as set out in this Deed. 24 OPERATIVE PART 25 1. DEFINITIONS AND INTERPRETATION 26 1.1 "Effective Date" means, pursuant to clause 9.2 of the 27 Original Agreement, the date on which this Deed is 28 approved and ratified by the Parliaments of Queensland, 29 South Australia and the Northern Territory. 30 1.2 All other capitalised terms used in this Deed have the 31 meaning given to them in the Original Agreement. 32

 


 

s 12 15 s 12 Water and Other Legislation Amendment Bill 2007 2. EFFECTIVE DATE 1 On and from the Effective Date, the parties become bound by 2 the terms of this Deed. 3 3. AMENDMENTS TO THE AGREEMENT 4 The Original Agreement is varied in the following manner: 5 3.1 By removing clause 1.1 and replacing it with the 6 following clause: 7 3.2 "1.1 This Agreement applies to that area of the Lake 8 Eyre Basin (the Agreement Area) encompassing 9 portions of Queensland, South Australia and the 10 Northern Territory of Australia as depicted in Schedule 11 1 to this Agreement, including within that area the 12 following river systems, associated catchments, 13 floodplains, overflow channels, lakes, wetlands and 14 sub-artesian waters dependent on surface flows of: 15 3.2.1 the Cooper Creek system and associated 16 tributaries in Queensland and South Australia; 17 3.2.2 the Diamantina River system and associated 18 tributaries in Queensland and South Australia; 19 3.2.3 the Georgina river system and associated 20 tributaries in Queensland, South Australia and the 21 Northern Territory; 22 3.2.4 the Hay river system and associated tributaries in 23 Queensland, South Australia and the Northern 24 Territory; 25 3.2.5 the Finke River systems and associated tributaries 26 in South Australia and Northern Territory 27 including the Finke, Hamilton, Alberga and 28 Macumba River systems, 29 3.2.6 Witjira National Park, Simpson Desert 30 Conservation Park and Simpson Desert Regional 31 Reserve in South Australia; 32 3.2.7 the Todd River systems and associated tributaries 33 Northern Territory; and 34

 


 

s 12 16 s 12 Water and Other Legislation Amendment Bill 2007 3.2.8 the Neales river systems and associated 1 tributaries including Arkaringa, Lora and Peake 2 Creeks in South Australia 3 3.2.9 the Douglas Creek river system and including 4 Umbum and Sunny Creeks 5 3.3 by replacing the map in Schedule 1 to the Original 6 Agreement with the map at Annexure A to this Deed, 7 3.4 by this Deed becoming a schedule to the Original 8 Agreement being "Schedule 3". 9 4. GENERAL 10 4.1 Each party must: 11 4.1.1 use its best efforts to do all things necessary or 12 desirable to give full effect to this Deed; and 13 4.1.2 refrain from doing anything that might hinder 14 performance of this Deed. 15 4.2 This Deed may be signed in any number of counterparts. 16 4.3 Except as varied above the Original Agreement remains 17 in full force and effect. 18 19 Signed, Sealed & Delivered by the Minister ) for the Environment and Heritage of the ) Commonwealth ) ) Ian Campbell (sgd) ................................. in the presence of: Ewen Bruce Male (sgd) ................................................ Witness

 


 

s 12 17 s 12 Water and Other Legislation Amendment Bill 2007 Signed, Sealed & Delivered by the Minister ) for Natural Resources and Water of the ) State of Queensland ) ) Craig Wallace (sgd) ................................. in the presence of: Michael Tandy (sgd) ................................................ Witness The Common Seal of the Minister for ) Environment and Conservation of the State ) of South Australia ) was hereunto affixed ) Gail Gago (sgd) ................................. in the presence of: Ann Barclay (sgd) ................................................ Witness Signed, Sealed & Delivered for and on behalf ) of the Northern Territory of Australia by the ) Minister for Natural Resources, ) Environment and Heritage ) Marion Scrymgour (sgd) .................................. in the presence of: Lesley Cameron (sgd) ................................................ Witness

 


 

s 12 18 s 12 Water and Other Legislation Amendment Bill 2007 1 Annexure A to Schedule 3: NT THE LAKE EYRE BASIN AGREEMENT AREA WA QLD SA NSW VIC TAS Northern Queensland Te r r i t o r y Mount Isa Georgina River Catchment Longreach Alice Springs Diamantina River Cooper Catchment Creek Todd Catchment River Catchment Windorah Finke Birdsville River Hay Catchment River Catchment Oodnadatta Innamincka Neales River Douglas Catchment Creek Catchment Tibooburra Marree Leigh Creek South Australia New South Wales Broken Hill Port Augusta Lake Eyre Basin Boundary Agreement Area Catchment Boundary State Boundary 0 100 200 300 Kilometers '. 2

 


 

s 13 19 s 15 Water and Other Legislation Amendment Bill 2007 Part 5 Amendment of Land Act 1994 1 Clause 13 Act amended in pt 5 2 This part amends the Land Act 1994. 3 Clause 14 Amendment of s 18 (Governor in Council may exchange 4 land) 5 (1) Section 18(1), `, a lessee or the holder of a native title interest 6 in land'-- 7 omit, insert-- 8 `or a lessee'. 9 (2) Section 18(1), `, a lease or a native title interest in land'-- 10 omit, insert-- 11 `or a lease'. 12 Clause 15 Insertion of new s 18A 13 After section 18-- 14 insert-- 15 `18A Grant or lease of unallocated State land in 16 consideration of surrender of native title interest 17 `(1) This section applies if, under an ILUA, all native title in 18 relation to an area is extinguished by surrender to the State. 19 `(2) The designated person may grant or lease unallocated State 20 land to a grantee entity. 21 `(3) The unallocated State land being granted or leased need not be 22 land the subject of a surrender under the ILUA. 23 `(4) If there are 2 or more surrender areas, the grant or lease may 24 be made to 2 or more grantee entities jointly. 25 `(5) In this section-- 26 designated person, until the commencement of the Land and 27 Other Legislation Amendment Act 2007, section 16, means the 28 Governor in Council. 29

 


 

s 16 20 s 16 Water and Other Legislation Amendment Bill 2007 Commonwealth Native Title Act means the Native Title Act 1 1993 (Cwlth). 2 grantee entity means-- 3 (a) if there is, under the Commonwealth Native Title Act, a 4 registered native title body corporate for a surrender 5 area--the registered native title body corporate for the 6 surrender area; or 7 (b) for any other surrender area-- 8 (i) a body corporate whose membership is restricted 9 to persons in the surrender group; or 10 (ii) a person as trustee for a trust whose beneficiaries 11 are restricted to persons in the surrender group. 12 ILUA means an indigenous land use agreement. 13 surrender area means-- 14 (a) an area in relation to which native title is surrendered 15 under the ILUA and in relation to which there is a 16 registered native title body corporate; or 17 (b) an area in relation to which native title is surrendered 18 under the ILUA on behalf of a surrender group. 19 surrender group means the persons identified in the ILUA as 20 persons on whose behalf native title is surrendered.'. 21 Part 6 Amendment of Land and Other 22 Legislation Amendment Act 23 2007 24 Clause 16 Act amended in pt 6 25 This part amends the Land and Other Legislation Amendment 26 Act 2007. 27

 


 

s 17 21 s 19 Water and Other Legislation Amendment Bill 2007 Clause 17 Amendment of s 16 (Replacement of s 18 of Act No. 81 of 1 1994) 2 (1) Section 16, inserted section 18(1), from `or the holder' to 3 `native title interest.'-- 4 omit, insert-- 5 `may grant unallocated State land in exchange for all or part 6 of the freehold land.'. 7 (2) Section 16, inserted section 18(2), note, `360(1)(d)'-- 8 omit, insert-- 9 `360(1)(f)'. 10 (3) Section 16, inserted section 18(3), from `or the holder' to 11 `native title interest.'-- 12 omit, insert-- 13 `may lease unallocated State land for a term of years or in 14 perpetuity in exchange for all or part of the lease.'. 15 (4) Section 16, inserted section 18(3), note, `360A(2)(c)'-- 16 omit, insert-- 17 `360A(3)(c)'. 18 Clause 18 Amendment of s 27 (Amendment of s 36 of Act No. 81 of 19 1994) 20 Section 27, inserted section 36(2), note, `(3)'-- 21 omit, insert-- 22 `(2)'. 23 Clause 19 Amendment of s 49 (Replacement of s 94 of Act No. 81 of 24 1994) 25 (1) Section 49, inserted section 94(3), from `a permanent'-- 26 omit, insert-- 27 `an application under subsection (2).'. 28 (2) Section 49, inserted section 94(4)-- 29 omit. 30

 


 

s 20 22 s 21 Water and Other Legislation Amendment Bill 2007 (3) Section 49, inserted section 94(5) and (6)-- 1 renumber as section 94(4) and (5). 2 Clause 20 Amendment of s 54 (Replacement of ch 3, pt 2, divs 4 and 3 5 of Act No. 81 of 1994) 4 (1) Section 54, inserted section 109A(3)-- 5 omit. 6 (2) Section 54, inserted section 109A(4) to (6)-- 7 renumber as section 109A(3) to (5). 8 (3) Section 54, inserted section 109A(3) as renumbered, from `the 9 conditions'-- 10 omit, insert-- 11 `any conditions the Minister imposes under section 420I.'. 12 (4) Section 54, inserted section 109A(4) as renumbered, 13 `repositioning'-- 14 omit, insert-- 15 `replacement'. 16 (5) Section 54, inserted section 109B(4)-- 17 omit. 18 (6) Section 54, inserted section 109B(5) to (7)-- 19 renumber as section 109B(4) to (6). 20 (7) Section 54, inserted section 109B(4) as renumbered, from `the 21 conditions'-- 22 omit, insert-- 23 `any conditions the Minister imposes under section 420I.'. 24 Clause 21 Amendment of s 91 (Replacement of s 180 of Act No. 81 25 of 1994) 26 Section 91, inserted section 180(1)(c), `Minister'-- 27 omit, insert-- 28 `chief executive'. 29

 


 

s 22 23 s 25 Water and Other Legislation Amendment Bill 2007 Clause 22 Amendment of s 98 (Amendment of s 192 of Act No. 81 of 1 1994) 2 Section 98(1), `insert--'-- 3 omit, insert-- 4 `omit, insert--'. 5 Clause 23 Amendment of s 143 (Amendment of s 290J of Act No. 81 6 of 1994) 7 Section 143(3), inserted section 290J(4), `subsection 8 (1)(m)'-- 9 omit, insert-- 10 `subsection (1)(l)'. 11 Clause 24 Amendment of s 199 (Insertion of new ch 9, pt 1D of Act 12 No. 81 of 1994) 13 Section 199, inserted section 521E(2), after `in the State'-- 14 insert-- 15 `as trustee of the land'. 16 Clause 25 Amendment of s 203 (Amendment of sch 6 of Act No. 81 17 of 1994) 18 Section 203(2), inserted definition dedication notice-- 19 omit, insert-- 20 `dedication notice means a notice in the approved form-- 21 (a) requesting the chief executive to register a dedication of 22 land under this Act; or 23 (b) requesting the registrar to register a dedication of land as 24 road under the Acquisition of Land Act 1967, section 25 12B.'. 26

 


 

s 26 24 s 28 Water and Other Legislation Amendment Bill 2007 Clause 26 Amendment of s 207 (Amendment of s 51 of Act No. 11 of 1 1994) 2 Section 207, inserted section 51(3A), `endorsed with the 3 approval of'-- 4 omit, insert-- 5 `consented to by'. 6 Part 7 Amendment of Local 7 Government Act 1993 8 Clause 27 Act amended in pt 7 9 This part amends the Local Government Act 1993. 10 Clause 28 Insertion of new ch 15, pt 5, div 7A 11 After section 1101-- 12 insert-- 13 `Division 7A Monitoring commission water 14 restrictions 15 `1101A Power of entry for monitoring commission water 16 restrictions 17 `(1) This section applies if an authorised person-- 18 (a) reasonably suspects a commission water restriction is 19 being, or has been, contravened at any place; or 20 (b) reasonably considers it is necessary to enter a 21 non-residential place to conduct an audit or inspection 22 to monitor compliance with a commission water 23 restriction. 24 `(2) Subject to subsections (3) and (5), the authorised person may 25 enter the place for the purpose of monitoring compliance with 26 the commission water restriction at any reasonable time of the 27 day or night. 28

 


 

s 29 25 s 31 Water and Other Legislation Amendment Bill 2007 `(3) Before entering the place, the authorised person must do, or 1 make a reasonable attempt to do, the following things-- 2 (a) identify himself or herself to an occupier, by complying 3 with section 1088; 4 (b) tell the occupier the purpose of the entry. 5 `(4) Subsection (3) does not require the authorised person to take a 6 step that may frustrate or otherwise hinder the purposes of the 7 entry. 8 `(5) For subsection (1)(a), a place does not include a building or 9 other structure, or the part of a building or other structure, 10 used for residential purposes. 11 `(6) In this section-- 12 commission water restriction see the Water Act 2000, 13 schedule 4. 14 non-residential place means a place not used for residential 15 purposes.'. 16 Clause 29 Amendment of s 1102 (General powers after entering 17 places) 18 Section 1102(1), `or 7'-- 19 omit, insert-- 20 `, 7 or 7A'. 21 Part 8 Amendment of Murray-Darling 22 Basin Act 1996 23 Clause 30 Act amended in pt 8 24 This part amends the Murray-Darling Basin Act 1996. 25 Clause 31 Amendment of long title 26 Long title, `and South Australia'-- 27

 


 

s 32 26 s 34 Water and Other Legislation Amendment Bill 2007 omit, insert-- 1 `, South Australia and the Australian Capital Territory'. 2 Clause 32 Amendment of s 2 (Definitions) 3 (1) Section 2, definition agreement-- 4 omit. 5 (2) Section 2-- 6 insert-- 7 `agreement means the original agreement as amended by the 8 first amending agreement. 9 first amending agreement means the agreement a copy of 10 which is set out in schedule 2. 11 Editor's note-- 12 The original agreement has, since the commencement of this Act, been 13 amended by agreements the provisions of which do not apply to 14 Queensland. 15 original agreement means the agreement a copy of which is 16 set out in schedule 1.'. 17 Clause 33 Amendment of s 5 (Approval of agreement) 18 (1) Section 5, heading, before `agreement'-- 19 insert-- 20 `original'. 21 (2) Section 5, before `agreement'-- 22 insert-- 23 `original'. 24 Clause 34 Insertion of new s 5A 25 After section 5-- 26 insert-- 27 `5A Approval of first amending agreement 28 `The first amending agreement is approved.'. 29

 


 

s 35 27 s 36 Water and Other Legislation Amendment Bill 2007 Clause 35 Amendment of schedule (Murray-Darling Basin 1 Agreement) 2 Schedule, heading-- 3 omit, insert-- 4 `Schedule 1 Murray-Darling Basin 5 Agreement 6 section 2, definition original agreement'. 7 Clause 36 Insertion of new sch 2 8 After schedule 1, as renumbered-- 9 insert-- 10 `Schedule 2 First amending agreement 11 section 2, definition first amending agreement 12 Murray-Darling Basin Agreement Amending 13 Agreement 2006 14 AGREEMENT made this fourteenth day of July 2006 between-- 15 THE COMMONWEALTH OF AUSTRALIA (the Commonwealth), 16 THE STATE OF NEW SOUTH WALES (New South Wales), 17 THE STATE OF VICTORIA (Victoria), 18 THE STATE OF QUEENSLAND (Queensland), 19 THE STATE OF SOUTH AUSTRALIA (South Australia), and 20 THE AUSTRALIAN CAPITAL TERRITORY (Australian Capital 21 Territory). 22

 


 

s 36 28 s 36 Water and Other Legislation Amendment Bill 2007 WHEREAS on 24 June 1992, the Commonwealth, New South Wales, 1 Victoria and South Australia entered into the Murray-Darling Basin 2 Agreement which-- 3 (a) was approved by the Parliament of the Commonwealth and the 4 Parliaments of the said States; and 5 (b) has subsequently been deemed to be amended from time to time 6 under clause 50 or 134 of that Murray-Darling Basin Agreement; and 7 (c) was amended by the Murray-Darling Basin Amending Agreement 8 made on 3 June 2002, 9 (together called the Principal Agreement)-- 10 AND WHEREAS under the provisions of clause 134 of the Principal 11 Agreement, Queensland became a party to the Principal Agreement on the 12 terms set out in Schedule D to the Principal Agreement-- 13 AND WHEREAS under the provisions of clause 134 of the Principal 14 Agreement, that Agreement was amended in May 2006 by the decision of 15 the Murray-Darling Basin Ministerial Council to consent to the Australian 16 Capital Territory becoming a party to the Principal Agreement-- 17 AND WHEREAS the parties wish to further amend the Principal 18 Agreement to facilitate the operation of the Murray-Darling Basin 19 Commission's water business on appropriate commercial principles and for 20 other reasons-- 21 AND WHEREAS the Murray-Darling Basin Ministerial Council has 22 approved the provisions set out below on 23 July 2003 and 30 September 23 2005-- 24 THE PARTIES AGREE AS FOLLOWS-- 25 1 INTERPRETATION 26 In this agreement, a reference to a clause, sub-clause, 27 paragraph, sub-paragraph, Schedule or Appendix is a 28 reference to a clause, sub-clause, paragraph, sub-paragraph, 29

 


 

s 36 29 s 36 Water and Other Legislation Amendment Bill 2007 Schedule or Appendix of or to the Principal Agreement, 1 respectively. 2 2 CLAUSE 2 3 (1) Omit `67(1)(a)' from the definition of annual estimates. Insert 4 instead `68(1)(a)'. 5 (2) Insert in alphabetical order-- 6 `Commission's water business means those activities of the 7 Commission relating to-- 8 (a) the construction, operation, maintenance and renewal of 9 works on, adjacent to, or connected to the upper River 10 Murray or the River Murray in South Australia; and 11 (b) the execution of the provisions of this Agreement 12 concerning sharing water between State Contracting 13 Governments; and 14 (c) the provision of other services relating to water, to State 15 Contracting Governments and other persons. 16 financial year means the twelve months beginning on 1 July.'. 17 (3) Omit all the words after `out' in the definition of 18 Commonwealth auditor. Insert instead `an audit referred to in 19 sub-paragraph 78(1)(a)(i)'. 20 (4) After the word `programs' in the definition of measures 21 insert `(including any activities for the purpose of conserving 22 or enhancing the environment) but does not include any 23 activities of the Commission's water business'. 24 (5) Omit all the words after `out' in the definition of State auditor. 25 Insert instead `an audit referred to in paragraph 78(1)(b).'. 26 (6) Omit the definition of supplementary estimates. 27 3 CLAUSE 49 28 Omit clause 49. Insert instead-- 29 `49(1) Works or measures from time to time included in a Schedule 30 to this Agreement or authorised pursuant to clause 50 must be 31

 


 

s 36 30 s 36 Water and Other Legislation Amendment Bill 2007 constructed, operated, maintained, renewed or implemented 1 (as the case may require)-- 2 (a) in accordance with the provisions of this Agreement and 3 any Acts approving the same; and 4 (b) by the Contracting Government from time to time 5 nominated by the Ministerial Council for the purpose. 6 (2) A Contracting Government described as a "Nominated 7 Government" in Schedule A with respect to a work is deemed 8 to have been nominated by the Ministerial Council under 9 paragraph 49(1)(b) to construct, operate, maintain and renew 10 that work, until the Ministerial Council nominates another 11 Contracting Government for one or more of those purposes, 12 with respect to that work.'. 13 4 CLAUSE 50 14 (1) After `$2,000,000' in sub-clause (2) insert `, or such other 15 amount determined by the Ministerial Council from time to 16 time'. 17 (2) After `$2,000,000' in sub-clause (3) insert `, or such other 18 amount determined by the Ministerial Council from time to 19 time'. 20 5 CLAUSE 51 21 After `$1,000,000' in sub-clause (2) insert `, or such other 22 amount determined by the Ministerial Council from time to 23 time,'. 24 6 CLAUSE 52 25 After `$2,000,000' in sub-clause (5) insert `, or such other 26 amount determined by the Ministerial Council from time to 27 time'. 28 7 CLAUSE 54 29 After `$2,000,000' in sub-clause (1) insert `, or such other 30 amount determined by the Ministerial Council from time to 31 time'. 32

 


 

s 36 31 s 36 Water and Other Legislation Amendment Bill 2007 8 CLAUSE 55 1 (1) Omit the words `construction or maintenance' from 2 paragraph (3)(a). Insert instead-- 3 `-- 4 (i) investigations, construction and administration; or 5 (ii) major or cyclic maintenance; or 6 (iii) operation and maintenance,'. 7 (2) After `as' in sub-clause (4) insert `operation and'. 8 9 CLAUSE 59 9 Omit `this or the former Agreement'. Insert instead 10 `paragraph 49(1)(b)'. 11 10 CLAUSE 62 12 Omit the words `which constructed a work under this or the 13 former Agreement'. Insert instead `nominated to operate a 14 work pursuant to paragraph 49(1)(b)'. 15 11 CLAUSE 65 16 Omit clause 65. Insert instead-- 17 `65 Definitions 18 `In this Part---- 19 annuity contribution has the meaning set out in sub-clause 20 67(2). 21 financial accommodation means a financial benefit or 22 assistance to obtain a financial benefit arising from or as a 23 result of-- 24 (a) a loan; 25 (b) issuing, endorsing or otherwise dealing in promissory 26 notes; 27 (c) drawing, accepting, endorsing or otherwise dealing in 28 bills of exchange; 29

 


 

s 36 32 s 36 Water and Other Legislation Amendment Bill 2007 (d) issuing, purchasing or otherwise dealing in securities; 1 (e) granting or taking a lease of any real or personal 2 property for financing but not for operating purposes; 3 (f) any other arrangement approved by the Ministerial 4 Council. 5 investigations, construction and administration costs means 6 the costs of-- 7 (a) investigating and constructing works set out in Schedule 8 A; and 9 (b) investigating and constructing any other works and 10 implementing measures authorised under this 11 Agreement; and 12 (c) studies, programs, surveys and investigations carried out 13 pursuant to clause 39; and 14 (d) establishing systems referred to in clause 41; and 15 (e) systems established pursuant to a request made under 16 paragraph 43(b); and 17 (f) special action taken under sub-clause 48(5) which the 18 Ministerial Council has determined to be investigations, 19 construction and administration costs; and 20 (g) any payment by the Commission in respect of the 21 construction of works under sub-clause 51(1); and 22 (h) complying with the direction given under sub-clause 23 54(2); and 24 (i) dismantling works referred to in sub-clause 64(2); and 25 (j) any payment by the Commission under paragraph 26 131(a); and 27 (k) administrative and other expenses of the Commission, 28 the Ministerial Council and the Community Advisory 29 Committee constituted under sub-clause 14(1). 30 major or cyclic maintenance has a meaning determined by 31 reference to the guidelines established by the Commission 32 under sub-clause 67(4). 33 operation and maintenance costs means the costs of-- 34

 


 

s 36 33 s 36 Water and Other Legislation Amendment Bill 2007 (a) operating and maintaining works set out in Schedule A; 1 and 2 (b) operating and maintaining any other works authorised 3 under this Agreement; and 4 (c) operating and maintaining systems referred to in clause 5 41; and 6 (d) operating and maintaining systems established pursuant 7 to a request made under paragraph 43(b); and 8 (e) special action taken under sub-clause 48(5) which the 9 Ministerial Council has determined to be operation and 10 maintenance costs; and 11 (f) any payment made by the Commission in respect of the 12 operation or maintenance of works under sub-clause 13 51(1); and 14 (g) such dredging or snagging carried out under clause 61 15 which the Commission has resolved to meet; and 16 (h) any payment made by the Commission under paragraph 17 131(b). 18 security includes inscribed stock and debenture, bond, 19 debenture stock, note or any other document creating, 20 evidencing or acknowledging indebtedness in respect of 21 financial accommodation, whether constituting a charge on 22 property of the Commission or not.'. 23 12 CLAUSE 66 24 Omit clause 66. Insert instead-- 25 `66 Apportionment of Costs 26 `(1) The Ministerial Council, after considering any 27 recommendation of the Commission, must determine-- 28 (a) what contribution, if any, is to be made by any State or 29 Territory becoming a party pursuant to clause 134; and 30 (b) whether some or all of that contribution is to be made as 31 a lump sum or in a comparable manner to a manner 32 provided for in sub-clause 66(3), (4) or 67(2). 33

 


 

s 36 34 s 36 Water and Other Legislation Amendment Bill 2007 (2) Subject to sub-clause 66(1), the Ministerial Council-- 1 (a) may, on the recommendation of the Commission, from 2 time to time determine which proportion of the services 3 provided by the Commission's water business is 4 attributable to each State Contracting Government; and 5 (b) must, at intervals not exceeding five years, reconsider 6 the proportions determined under paragraph 66(2)(a); 7 and 8 (c) may, on the recommendation of the Commission, alter 9 the proportions determined under paragraph 66(2)(a). 10 (3) Unless the Ministerial Council decides otherwise and subject 11 to any decision of the Ministerial Council under sub-clause 12 66(1), a State Contracting Government must contribute to 13 operation and maintenance costs in the relevant proportion 14 determined under sub-clause 66(2). 15 (4) Unless the Ministerial Council decides otherwise and subject 16 to any decision by the Ministerial Council under sub-clause 17 66(1) and the provisions of clause 67-- 18 (a) the Commonwealth Government must contribute 19 one-quarter of all investigations, construction and 20 administration costs after first deducting any 21 contribution to those costs made by any State or 22 Territory-- 23 (i) becoming a party pursuant to clause 134; or 24 (ii) pursuant to any understanding reached between 25 that State or Territory and the Contracting 26 Governments; and 27 (b) the State Contracting Governments must together 28 contribute three-quarters of all investigations, 29 construction and administration costs-- 30 (i) relating to the Commission's water business, in the 31 relevant proportions determined under sub-clause 32 66(2); and 33 (ii) relating to measures implemented under this 34 Agreement, in equal shares. 35 (5) The Ministerial Council, after considering any 36 recommendation by the Commission, must determine whether 37

 


 

s 36 35 s 36 Water and Other Legislation Amendment Bill 2007 the costs of any special action taken under sub-clause 48(5) 1 are investigations, construction and administration costs or 2 operation and maintenance costs.'. 3 13 CLAUSE 67 4 Omit clause 67. Insert instead-- 5 `67 Borrowings and Annuity Contributions 6 `(1) The Commission may, with the prior approval of the 7 Ministerial Council, obtain financial accommodation with 8 respect to any-- 9 (a) investigations, construction and administration costs; 10 and 11 (b) major or cyclic maintenance costs, 12 incurred, or which the Commission proposes to incur, for the 13 purposes of the Commission's water business. 14 (2) The Ministerial Council, on the recommendation of the 15 Commission, may from time to time determine that a 16 Contracting Government must make an annual annuity 17 contribution in respect of either or both of-- 18 (a) investigations, construction and administration costs; 19 and 20 (b) major or cyclic maintenance costs, 21 which the Contracting Government might otherwise be 22 required to contribute under sub-clause 66(1), (3), paragraph 23 66(4)(a) or sub-paragraph 66(4)(b)(i), in any future year. 24 (3) In fixing any annuity contribution under sub-clause 67(2), the 25 Ministerial Council must have regard to the Commission's 26 estimate of costs which will be incurred during the next 27 ensuing 30 years (or such other period as the Commission 28 determines) in relation to either or both of-- 29 (a) the construction or renewal; and 30 (b) major or cyclic maintenance, 31 of works constructed, operated, maintained or renewed for the 32 purposes of the Commission's water business (as the case 33 requires) including any interest or other sums receivable or 34

 


 

s 36 36 s 36 Water and Other Legislation Amendment Bill 2007 payable in respect of any income received, or any financial 1 accommodation obtained, by the Commission from time to 2 time in relation to those works. 3 (4) For the purposes of this Part, the Commission must establish 4 guidelines for determining what is, and what is not, major or 5 cyclic maintenance.'. 6 14 CLAUSE 68 7 Omit clause 68. Insert instead-- 8 `68 Annual and forward estimates 9 `(1) The Commission must prepare-- 10 (a) detailed annual estimates of its known and anticipated 11 expenditure for the next financial year; and 12 (b) forward estimates of its known and anticipated 13 expenditure for the two successive financial years 14 following the next financial year. 15 (2) Annual and forward estimates must-- 16 (a) be in such form as may from time to time be agreed 17 between the Commission and the Ministerial Council; 18 and 19 (b) show the estimated amount to be contributed by each 20 Contracting Government; and 21 (c) be sent to each Contracting Government before the end 22 of March in each year; and 23 (d) be approved by the Ministerial Council, 24 and may be revised from time to time with the approval of the 25 Ministerial Council.'. 26 15 CLAUSE 69 27 Omit clause 69. Insert instead-- 28 `69 Each Contracting Government must pay any amount payable 29 by it under clause 66 or 67 as and when required by the 30 Commission.'. 31

 


 

s 36 37 s 36 Water and Other Legislation Amendment Bill 2007 16 CLAUSE 72 1 (1) Omit sub-clause (1). Insert instead-- 2 `(1) Subject to sub-clause 72(3), the Commission must apply 3 money paid by the Contracting Governments in accordance 4 with the relevant estimates referred to in paragraph 68(1)(a).'. 5 (2) In sub-clause (2)-- 6 (a) omit `annual or supplementary' from paragraph (a). 7 Insert after `estimates', `prepared or revised under 8 paragraph 68(1)(a)'. 9 (b) omit `the annual or supplementary' from paragraph (b). 10 Insert instead `those'. 11 (c) after `financial year;' in paragraph (b) insert `and'. 12 (3) Omit sub-clause (3). Instead insert-- 13 `(3) The Commission may accumulate-- 14 (a) any sums received under sub-clause 66(3) or (4) for the 15 purposes of the Commission's water business, but not 16 expended in any year; and 17 (b) any annuity contributions received under clause 67, 18 for use in subsequent years.'. 19 (4) Omit sub-clause (4). Instead insert-- 20 `(4) Any sum referred to in paragraph 72(3) and any interest 21 thereon must-- 22 (a) in the case of sums received under sub-clause 66(3), 23 only be expended on operation and maintenance costs; 24 and 25 (b) in the case of sums received under sub-clause 66(4), 26 only be expended on investigations, construction and 27 administration costs; and 28 (c) in the case of annuity contributions received under 29 clause 67-- 30 (i) from a State Contracting Government, only be 31 expended on either-- 32 (A) investigations, construction and 33 administration costs; or 34

 


 

s 36 38 s 36 Water and Other Legislation Amendment Bill 2007 (B) major or cyclic maintenance costs, 1 of the Commission's water business, as the case 2 requires; or 3 (ii) from the Commonwealth, only be expended on 4 investigations, construction and administration 5 costs of the Commission's water business.'. 6 17 CLAUSE 73 7 In sub-clause (1)-- 8 (a) omit `annual and supplementary'; and 9 (b) insert after `estimates', `referred to in paragraph 10 68(1)(a),'. 11 18 CLAUSE 75 12 (1) Omit sub-clause (1). Insert instead-- 13 `(1) The unexpended balance of moneys paid to the Commission 14 by Contracting Governments for implementing measures in 15 any financial year-- 16 (a) shall, with the approval of the Ministerial Council, be 17 available for expenditure in a subsequent financial year 18 upon any item in the annual estimates approved by the 19 Ministerial Council for the relevant year; or 20 (b) may be used to reduce the amounts which would 21 otherwise be payable by each Contracting Government 22 under clause 69 in that subsequent financial year.'. 23 (2) In sub-clause (2)-- 24 (a) omit `any'. Insert instead `the'. 25 (b) after `balances' insert `of moneys referred to in 26 sub-clause 75(1)'. 27 (3) Omit sub-clause (3). Insert instead-- 28 `(3) Any unexpended balance referred to in sub-clause 75(1) must 29 only be expended on implementing measures under this 30 Agreement.'. 31

 


 

s 36 39 s 36 Water and Other Legislation Amendment Bill 2007 19 CLAUSE 77 1 Omit sub-clause (2). Insert instead-- 2 `(2) The Commission must determine how proceeds from the 3 disposal of surplus assets are-- 4 (a) to be paid to the Commission and credited against future 5 capital and renewal contributions by; or 6 (b) to be distributed among, 7 the Contracting Governments, having regard to the 8 contributions made by each Contracting Government to the 9 acquisition of those assets.'. 10 20 CLAUSE 78 11 (1) Omit paragraphs (a) and (b) from sub-clause (1). Insert 12 instead-- 13 `(a) must be audited annually by-- 14 (i) an auditor appointed by the Ministerial Council; or 15 (ii) if no appointment is made under sub-paragraph 16 78(1)(a)(i), the Commonwealth auditor; and 17 (b) may be audited at any reasonable time by an auditor 18 appointed by a Contracting Government.'. 19 (2) Omit sub-clauses (2) and (3). Insert instead-- 20 `(2) An auditor referred to in paragraph 78(1)(a) must promptly 21 inform each Contracting Government of any significant 22 irregularity revealed by an audit.'. 23 (3) Omit sub-clause (4). Insert instead-- 24 `(3) The Commission must, at all reasonable times, make all its 25 relevant accounts and records available to an auditor acting 26 under sub-clause 78(1) or any person acting on behalf of that 27 auditor.'. 28 (4) Renumber sub-clauses (5) and (6) as (4) and (5), respectively. 29 (5) (a) Renumber sub-clause (7) as sub-clause (6). 30 (b) Omit `sub-clause 78(1)' from sub-clause (6). Insert 31 instead `paragraph 78(1)(a)'. 32

 


 

s 36 40 s 36 Water and Other Legislation Amendment Bill 2007 21 CLAUSE 80 1 Omit clause 80. Insert instead-- 2 `80 The Commission may invest money received by it-- 3 (a) in accordance with any guidelines established by the 4 Ministerial Council; or 5 (b) in such manner as may be directed by the Ministerial 6 Council, 7 but not otherwise.'. 8 22 CLAUSE 81 9 Omit sub-clause (3). Insert instead-- 10 `(3) Money paid to the Commission under this clause must 11 either-- 12 (a) be expended on investigations, construction and 13 administration costs; or 14 (b) applied in accordance with sub-clause 75(1).'. 15 23 CLAUSE 82 16 Omit sub-clause (4). Insert instead-- 17 `(4) Money paid to the Commission under this clause must 18 either-- 19 (a) be expended on investigations, construction and 20 administration costs; or 21 (b) applied in accordance with sub-clause 75(1).'. 22 24 SCHEDULE C, CLAUSE 22 23 Omit `7(3)' from sub-clause (2). Insert instead `16(3)'. 24 25 SCHEDULE C, APPENDIX 2 25 After Appendix 1 to Schedule C insert-- 26

 


 

s 36 41 s 36 Water and Other Legislation Amendment Bill 2007 `Appendix 2 Authorised joint works and 1 measures 2 Description of Location Nominated Status works Government Barr Creek Drainage Northern Victoria Victoria Former Salinity Diversion Scheme approximately and Drainage Saline water diversion 20km north of the Work from Barr Creek with township of Kerang disposal to the Tutchewop Lakes Buronga Salt Southwest New New South Former Salinity Interception Scheme South Wales on the Wales and Drainage (part) Groundwater River Murray Work pumping with disposal between Mildura to Mourquong basin Weir and Mourquong Mallee Cliffs Salt Southwest New New South Former Salinity Interception Scheme South Wales on the Wales and Drainage Groundwater pumping River Murray Work with disposal to approximately evaporation basin 30km east of adjacent to Mallee Mildura opposite Cliffs National Park Lambert Island in Victoria Mildura-Merbein Salt Northwest Victoria Victoria Former Salinity Interception Scheme on the Southern and Drainage (part) Groundwater side of the River Work pumping with disposal Murray between to Wargan evaporation Mildura and basins Merbein Rufus River On both sides of South Australia Former Salinity Groundwater Rufus River and Drainage Interception Scheme between the outlet Work Groundwater pumping from Lake Victoria with disposal to and the River evaporation basins on Murray the western side of Lake Victoria

 


 

s 36 42 s 36 Water and Other Legislation Amendment Bill 2007 Description of Location Nominated Status works Government Waikerie Salt Southern side of the South Australia Former Salinity Interception Scheme River Murray from and Drainage Groundwater pumping Holder Bend (River Work with disposal to distance 392km) to Stockyard Plain the Toolunka Reach evaporation basin (River distance 371km) Woolpunda Salt Both sides of the South Australia Former Salinity Interception Scheme River Murray from and Drainage Groundwater pumping Overland Corner to Work with disposal to Holder Bend in Stockyard Plain South Australia evaporation basin Pyramid Creek Salt Along Pyramid Victoria Basin Salinity Interception Scheme Creek for 12km Management Groundwater pumping from Flannery's Strategy with disposal to a salt Bridge to the Box Work'. harvesting pond Creek Regulator complex 26 SCHEDULE D, CLAUSE 3 1 To avoid doubt and to allow the Parties to comply with 2 sub-clause 134(6) of the Principal Agreement-- 3 (1) After sub-clause 3(1) insert-- 4 `(1A) Sub-clauses 38(1) and 38(3) of the Agreement only apply to 5 the State of Queensland in respect of an act, omission or loss 6 incurred, in relation to the bona fide execution of powers-- 7 (a) in or related to the State of Queensland; or 8 (b) under a provision of the Agreement as it applies to the 9 State of Queensland.'. 10 (2) After sub-clause 3(4) insert-- 11 `(5) Nothing in the Agreement requires the State of Queensland-- 12 (a) to contribute to the costs of, or associated with, 13 remedying any actual or anticipated damage referred to 14 in paragraph 51(1)(c) of the Agreement; or 15

 


 

s 36 43 s 36 Water and Other Legislation Amendment Bill 2007 (b) to meet any compensation for damage paid under clause 1 83 of the Agreement, 2 except where the State of Queensland has contributed to the 3 construction, maintenance or operation expenses of the works 4 to which the costs or compensation relate.'. 5 EXECUTED as an agreement 6 SIGNED by The Honourable John Winston ) Howard MP ) Prime Minister of the Commonwealth of ) Australia ) in the presence of-- ) [Signature omitted] [Signature omitted] SIGNED by The Honourable Morris Iemma ) MP ) Premier of New South Wales ) in the presence of-- ) [Signature omitted] [Signature omitted] SIGNED by The Honourable Steve Bracks MP ) Premier of Victoria ) in the presence of-- ) [Signature omitted] [Signature omitted] SIGNED by The Honourable Peter Beattie MP ) Premier of Queensland ) in the presence of-- ) [Signature omitted] [Signature omitted]

 


 

s 37 44 s 38 Water and Other Legislation Amendment Bill 2007 SIGNED by The Honourable Mike Rann MP ) Premier of South Australia ) in the presence of-- ) [Signature omitted] [Signature omitted] SIGNED by Jon Stanhope MLA ) Chief Minister of the Australian Capital ) Territory ) in the presence of-- ) [Signature omitted] [Signature omitted]'. Part 9 Amendment of Plumbing And 1 Drainage Act 2002 2 Clause 37 Act amended in pt 9 3 This part amends the Plumbing And Drainage Act 2002. 4 Clause 38 Amendment of s 85 (Process for assessing plans) 5 (1) Section 85(7), example-- 6 omit, insert-- 7 `Examples-- 8 1 A condition of a compliance permit for on-site sewerage work may 9 require the owner of the relevant premises to install a grease arrester 10 for the premises. 11 2 A condition of a compliance permit for regulated work on premises 12 that involves the installation of water meters may require the person 13 carrying out the work to notify the water service provider for the 14 premises that a particular stage of the work has been reached.'. 15 (3) Section 85(8)-- 16 omit, insert-- 17

 


 

s 39 45 s 39 Water and Other Legislation Amendment Bill 2007 `(8) If the local government gives a compliance permit, the local 1 government must also give a copy of the permit to-- 2 (a) the owner of the premises to which the permit relates; 3 and 4 (b) if the permit is for a plan for work involving the 5 installation of water meters on premises--the water 6 service provider for the premises, if the water service 7 provider is not the local government.'. 8 Clause 39 Amendment of s 85B (Restrictions on giving compliance 9 permit for greywater use facility in a sewered area) 10 (1) Section 85B(2)-- 11 omit, insert-- 12 `(2) A compliance permit may be granted for work only if-- 13 (a) the premises at which the facility is proposed to be 14 installed generates greywater of less than 50kL a day; 15 and 16 (b) if the premises generates greywater of more than 3kL a 17 day--the facility includes a greywater treatment plant; 18 and 19 (c) either-- 20 (i) the facility's greywater treatment plant has a chief 21 executive approval; or 22 (ii) the facility's greywater diversion device has 23 plumbing code authorisation and certification; and 24 (d) the facility's greywater treatment plant and greywater 25 diversion device have a connection to sanitary drainage; 26 and 27 (e) greywater can be diverted to sanitary drainage by a 28 manual diversion device; and 29 (f) greywater automatically overflows to sanitary drainage 30 if the facility's filtering or irrigation system does not 31 work or does not work properly.'. 32

 


 

s 40 46 s 41 Water and Other Legislation Amendment Bill 2007 Clause 40 Amendment of s 85D (Restrictions on giving compliance 1 permit for particular on-site sewerage work) 2 (1) Section 85D(2)(a)-- 3 omit, insert-- 4 `(a) any of the following apply in relation to the work-- 5 (i) the premises on which the on-site sewerage work is 6 to be performed is outside a sewered area; 7 (ii) the on-site sewerage facility for which the on-site 8 sewerage work is to be performed is required as 9 part of common effluent drainage; 10 (iii) the on-site sewerage facility for which the on-site 11 sewerage work is to be performed is to be installed 12 only for testing purposes, and the premises on 13 which the work is to be performed is-- 14 (A) in a sewered area in the SEQ region; and 15 (B) classified under the Building Code of 16 Australia as a class 2, 5, 6 or 9b building; 17 and'. 18 (2) Section 85D-- 19 insert-- 20 `(4) In this section-- 21 SEQ region means the SEQ region under the Water Act 2000, 22 section 341.'. 23 Clause 41 Amendment of s 86 (General process for assessing 24 regulated work and on-site sewerage work) 25 Section 86(10)-- 26 omit, insert-- 27 `(10) If the local government gives a compliance certificate, the 28 local government must also give a copy of the certificate to-- 29 (a) the owner of the premises to which the certificate 30 relates; and 31 (b) if the work involved the installation of water meters on 32 premises--the water service provider for the premises, 33

 


 

s 42 47 s 44 Water and Other Legislation Amendment Bill 2007 if the water service provider is not the local 1 government.'. 2 Clause 42 Amendment of s 86C (Conditions of compliance 3 certificate) 4 Section 86C(2), example-- 5 omit, insert-- 6 `Examples-- 7 1 A condition could require the owner of the relevant premises to 8 maintain, in a stated way, the facility's filtering system. 9 2 If the greywater use facility is or includes a greywater treatment 10 plant, a condition could require the owner of the treatment plant to 11 have in place an arrangement to ensure people are not exposed to its 12 contents.'. 13 Clause 43 Amendment of s 94 (Conditions of approval) 14 Section 94(2)-- 15 omit, insert-- 16 `(2) If the item the subject of the approval is an on-site sewerage 17 facility, the conditions-- 18 (a) may authorise the dismantling or taking away of all or 19 part of the installed facility; and 20 Editor's note-- 21 See section 128 (Restriction on dismantling or taking away 22 on-site sewerage facility). 23 (b) for an on-site sewerage facility installed only for testing 24 purposes--also may state when the contents of the 25 installed facility may be disposed of in a way mentioned 26 in section 128P(1) or (3).'. 27 Clause 44 Amendment of s 116 (Enforcement notices) 28 Section 116(1)(a)(iii), after `sewage'-- 29 insert-- 30 `or greywater'. 31

 


 

s 45 48 s 48 Water and Other Legislation Amendment Bill 2007 Clause 45 Amendment of s 125 (Restriction on building or installing 1 particular on-site sewerage treatment plant) 2 (1) Section 125, `sewerage'-- 3 omit, insert-- 4 `sewage'. 5 (2) Section 125, penalty-- 6 omit, insert-- 7 `Maximum penalty-- 8 (a) for building or installing an on-site sewage treatment 9 plant in a sewered area--500 penalty units; 10 (b) otherwise--165 penalty units.'. 11 Clause 46 Insertion of new s 127A 12 After section 127-- 13 insert-- 14 `127A Restriction on dismantling or taking away greywater 15 treatment plant 16 `A person must not dismantle or take away all or part of a 17 greywater treatment plant installed on premises unless the 18 dismantling or taking away is authorised in writing by the 19 local government or under a chief executive approval. 20 Maximum penalty--100 penalty units.'. 21 Clause 47 Amendment of s 128E (Restrictions on operating 22 particular on-site sewerage treatment plant) 23 Section 128E, heading `sewerage'-- 24 omit, insert-- 25 `sewage'. 26 Clause 48 Amendment of s128H (Obligations of person who 27 services on-site sewerage facility) 28 (1) Section 128H, heading, after `facility'-- 29

 


 

s 49 49 s 50 Water and Other Legislation Amendment Bill 2007 insert-- 1 `or greywater treatment plant'. 2 (2) Section 128H(1), `on-site sewerage facility'-- 3 omit, insert-- 4 `on-site sewerage facility or greywater treatment plant'. 5 (3) Section 128H, after `the facility'-- 6 insert-- 7 `or plant'. 8 Clause 49 Insertion of new s 128JA 9 Part 6A, division 4-- 10 insert-- 11 `128JA Water meter 12 `(1) A person must not tamper with a water meter. 13 Maximum penalty--165 penalty units. 14 `(2) In this section-- 15 tamper, with a water meter, includes tamper with plumbing 16 associated with the meter in a way that may hinder the 17 capacity of the meter to accurately measure the volume of 18 water supplied to premises.'. 19 Clause 50 Amendment of s 128K (Offence about discharging 20 blackwater) 21 Section 128K(1)(a)-- 22 omit, insert-- 23 `(a) if the premises is in a sewered area-- 24 (i) for premises that have an on-site sewage treatment 25 plant that has chief executive approval for use for 26 testing purposes--the on-site sewerage facility for 27 the premises or the infrastructure of the sewerage 28 service provider for the area's sewerage service; or 29

 


 

s 51 50 s 51 Water and Other Legislation Amendment Bill 2007 (ii) for other premises--the infrastructure of the 1 sewerage service provider for the area's sewerage 2 service; or'. 3 Clause 51 Amendment of s 128M (Offences about discharging 4 greywater other than kitchen greywater from premises) 5 (1) Section 128M(2) and (3)-- 6 omit, insert-- 7 `(2) If the premises is in a sewered area, the owner must ensure the 8 greywater is-- 9 (a) discharged into-- 10 (i) the infrastructure of the sewerage service provider 11 for the area's sewerage service; or 12 (ii) a greywater use facility; or 13 (b) carried by bucket or discharged by a hose to a garden or 14 lawn on the premises. 15 Maximum penalty--500 penalty units. 16 `(3) If the premises is not in a sewered area, the owner must ensure 17 the greywater is-- 18 (a) discharged into-- 19 (i) an on-site sewerage facility; or 20 (ii) an environmentally relevant on-site sewerage 21 facility; or 22 (iii) a greywater use facility; or 23 (b) carried by bucket or discharged by a hose to a garden or 24 lawn on the premises. 25 Maximum penalty--500 penalty units.'. 26 (2) Section 128M(4)(a), `; or'-- 27 omit, insert-- 28 `; and'. 29 (3) Section 128M(6)-- 30 omit. 31

 


 

s 52 51 s 53 Water and Other Legislation Amendment Bill 2007 Clause 52 Insertion of new s 128OA 1 After section 128O 2 insert-- 3 `128OA Disposal of contents of greywater treatment plant 4 `A person must not, without the local government's approval, 5 dispose of the contents of a greywater treatment plant into the 6 infrastructure of the sewerage service provider for the area in 7 which the plant is located. 8 Maximum penalty--100 penalty units. 9 Example of contents-- 10 sludge'. 11 Clause 53 Replacement of s 128P (Disposal of contents of on-site 12 sewerage facility) 13 Section 128P-- 14 omit, insert-- 15 `128P Disposal of contents of on-site sewerage facility 16 `(1) A person must not dispose of the contents (other than effluent) 17 of an on-site sewerage facility installed only for testing 18 purposes other than-- 19 (a) by using the contents for the discharge of a toilet; or 20 (b) by surface or subsurface irrigation. 21 Maximum penalty--100 penalty units. 22 `(2) A person must not dispose of the contents (other than effluent) 23 of an on-site sewerage facility that has not been installed only 24 for testing purposes other than in a place, and a way, approved 25 by the local government. 26 Maximum penalty--100 penalty units. 27 `(3) A person must not dispose of effluent from an on-site 28 sewerage facility mentioned in subsection (1) other than to a 29 sewer. 30 Maximum penalty--100 penalty units. 31

 


 

s 54 52 s 54 Water and Other Legislation Amendment Bill 2007 `(4) A person must not dispose of effluent from an on-site 1 sewerage facility mentioned in subsection (2) other than to a 2 common effluent drainage or in another place, and a way, 3 approved by the local government. 4 Maximum penalty--100 penalty units. 5 `(5) Subsections (1) to (4) do not apply to contents or effluent 6 removed for testing.'. 7 Clause 54 Insertion of new s 128PA 8 Part 6A, division 5, after section 128P-- 9 insert-- 10 `128PA Offence about using greywater 11 `(1) This section applies to the owner of premises in a sewered 12 area in relation to the use of greywater, other than kitchen 13 greywater, from plumbing and drainage on the premises. 14 `(2) The owner must ensure-- 15 (a) if the greywater is discharged into a greywater treatment 16 plant that is installed on the premises and treats water to 17 the standard stated for the plant in the Queensland 18 Plumbing and Wastewater Code--the greywater is used 19 only on the premises for-- 20 (i) garden or lawn irrigation; or 21 (ii) washing vehicles, paths or exterior walls of the 22 premises; or 23 (iii) the discharge of a toilet; or 24 (iv) cold water supply to a washing machine; or 25 (b) if the greywater is discharged into a greywater treatment 26 plant that is installed on the premises and does not treat 27 water to the standard stated for the plant in the 28 Queensland Plumbing and Wastewater Code--the 29 greywater is used only on the premises for garden or 30 lawn irrigation; or 31 (c) if the greywater is discharged into a greywater diversion 32 device--the greywater is used only on the premises for 33 garden or lawn irrigation. 34

 


 

s 55 53 s 57 Water and Other Legislation Amendment Bill 2007 Maximum penalty--500 penalty units. 1 `(3) The owner must ensure-- 2 (a) the greywater does not cause an odour that unreasonably 3 interferes, or is likely to unreasonably interfere, with the 4 use or enjoyment of any other premises; and 5 (b) any ponding or run-off of the greywater does not cause a 6 danger or health risk to anyone. 7 Maximum penalty--100 penalty units.'. 8 Clause 55 Insertion of new s 143C 9 After section 143B-- 10 insert-- 11 `143C Local government's monitoring obligations for 12 particular on-site sewerage facility 13 `Each local government must monitor on-site sewerage 14 facilities installed for testing purposes in sewered areas within 15 its area to ensure-- 16 (a) their operation complies with relevant compliance 17 certificate conditions; and 18 (b) they are not adversely affecting public health, amenity 19 or the environment.'. 20 Clause 56 Amendment of s 172 (Provisions for chemical, 21 composting or incinerating toilets) 22 Section 172(2), `sewerage'-- 23 omit, insert-- 24 `sewage'. 25 Clause 57 Amendment of schedule (Dictionary) 26 (1) Schedule, definitions drainage, greywater treatment plant and 27 greywater use facility-- 28 omit. 29

 


 

s 57 54 s 57 Water and Other Legislation Amendment Bill 2007 (2) Schedule-- 1 insert-- 2 `apparatus, for supplying water to premises, includes a water 3 meter. 4 drainage means-- 5 (a) an apparatus, fitting or pipe, either above or below 6 ground level, that carries-- 7 (i) sewage to a sewer, or to, within or from an on-site 8 sewerage facility; or 9 Examples-- 10 a pipe carrying effluent to an on-site sewage treatment 11 plant on premises 12 a pipe carrying treated effluent from an on-site 13 sewage treatment plant off the premises on which the 14 plant is installed to a system of common effluent 15 drainage or a holding tank for collection 16 (ii) greywater from a greywater treatment plant or 17 greywater diversion device; or 18 (b) an on-site sewage treatment plant. 19 greywater treatment plant means a treatment plant installed 20 on premises for treating, on the premises in a day, not more 21 than 50kL of greywater generated on the premises. 22 greywater use facility means a facility that consists of-- 23 (a) a greywater diversion device and a greywater 24 application area; or 25 (b) a greywater treatment plant and a greywater application 26 area; or 27 (c) a greywater treatment plant. 28 water meter means a device, including equipment related to 29 the device, for measuring the volume of water supplied to 30 premises. 31 Example of equipment related to the device-- 32 a pulse meter associated with the device 33 water service provider, for premises, means the person 34 registered under the Water Act 2000, chapter 3, part 2, as the 35

 


 

s 58 55 s 59 Water and Other Legislation Amendment Bill 2007 water service provider for retail water services for the 1 premises.'. 2 (3) Schedule, definition greywater, `domestic'-- 3 omit. 4 (4) Schedule, definition on-site sewerage facility, item 1, 5 paragraph (a)-- 6 insert-- 7 `(iii) by using the effluent for the discharge of a toilet or 8 for surface or subsurface irrigation, if the facility is 9 installed only for testing purposes; or'. 10 (5) Schedule, definition sanitary drainage, `or on-site sewerage 11 facility'-- 12 omit, insert-- 13 `, on-site sewerage facility or greywater use facility'. 14 Part 10 Amendment of Residential 15 Tenancies Act 1994 16 Clause 58 Act amended in pt 10 17 This part amends the Residential Tenancies Act 1994. 18 Clause 59 Replacement of s 91A (Water service charge for premises 19 other than moveable dwelling premises) 20 Section 91A-- 21 omit, insert-- 22 `91A Water service charges for premises other than 23 moveable dwelling premises 24 `(1) This section applies to premises that are not moveable 25 dwelling premises. 26 `(2) The tenant may be required to pay an amount for the water 27 consumption charges for the premises only if-- 28

 


 

s 59 56 s 59 Water and Other Legislation Amendment Bill 2007 (a) the tenant is enjoying or sharing the benefit of a water 1 service to the premises; and 2 (b) the premises are individually metered for the supply of 3 water or water is supplied to the premises by delivery by 4 means of a vehicle; and 5 (c) the agreement states that an amount for the water 6 consumption charges for the premises is payable by the 7 tenant. 8 `(3) The tenant may be required to pay an amount for all of the 9 water consumption charges payable for the premises for a 10 period only if, during the period, the premises are water 11 efficient. 12 `(4) If during a period the premises are not water efficient, the 13 tenant may only be required to pay an amount for the water 14 consumption charges payable for the premises for the period 15 that is more than an amount payable for a reasonable quantity 16 of water supplied to the premises. 17 `(5) Without limiting subsection (4), in deciding what is a 18 reasonable quantity of water for subsection (4), regard must 19 be had to the matters mentioned in section 94(3A)(a) to (e). 20 `(6) Despite subsections (2) to (5), the tenant may not, for a 21 period, be required to pay an amount for water consumption 22 charges for the premises that is more than the amount of the 23 water consumption charges payable to the relevant water 24 supplier. 25 `(7) Also, the tenant may not be required to pay an amount of the 26 water service charges payable for the premises for a fixed 27 charge for the water service to the premises. 28 `(8) For this section, premises are water efficient only if the toilets, 29 shower heads and internal cold water taps installed in the 30 premises are water efficient to the level prescribed under a 31 regulation. 32 `(9) In this section-- 33 water consumption charge, for premises, means the variable 34 part of a water service charge assessed on the volume of water 35 supplied to the premises.'. 36

 


 

s 60 57 s 62 Water and Other Legislation Amendment Bill 2007 Clause 60 Amendment of s 123A (Meaning of emergency repairs) 1 Section 123A(a)-- 2 omit, insert-- 3 `(a) a burst water service or a serious water service leak;'. 4 Clause 61 Insertion of new ch 11, pt 5 5 After section 354-- 6 insert-- 7 `Part 5 Transitional provision for Water 8 and Other Legislation 9 Amendment Act 2007 10 `355 Application of s 91A to existing fixed term agreement 11 `(1) This section applies to a fixed term agreement in force 12 immediately before the commencement of this section. 13 `(2) This Act continues to apply to the agreement as if the 14 amendment Act had not been enacted. 15 `(3) However, on 1 April 2009-- 16 (a) subsection (2) stops having effect for the agreement; and 17 (b) this Act, as amended under the amendment Act, applies 18 to the agreement. 19 `(4) In this section-- 20 amendment Act means the Water and Other Legislation 21 Amendment Act 2007.'. 22 Part 11 Amendment of Water Act 2000 23 Clause 62 Act amended in pt 11 24 This part amends the Water Act 2000. 25

 


 

s 63 58 s 63 Water and Other Legislation Amendment Bill 2007 Clause 63 Insertion of new ch 2, pt 2, div 2B 1 Chapter 2, part 2-- 2 insert-- 3 `Division 2B Restrictions on use of subartesian 4 water 5 `25ZA Application for approval to restrict use of subartesian 6 water 7 `(1) The commission may apply for written approval for the power 8 to impose a restriction on the use of subartesian water, taken 9 under section 20(6) for a purpose other than stock purposes, 10 by a customer of a water service provider in the SEQ region or 11 a designated region. 12 `(2) A water service provider may apply for written approval for 13 the power to impose a restriction on the use of subartesian 14 water, taken under section 20(6) for a purpose other than stock 15 purposes, by a customer of the water service provider in an 16 area outside the SEQ region or a designated region. 17 `(3) The application must be-- 18 (a) made to the chief executive in writing; and 19 (b) supported by sufficient information to enable the chief 20 executive to decide the application. 21 `(4) The chief executive may ask the applicant for additional 22 information about the application. 23 `25ZB Deciding application 24 `(1) The chief executive must give the approval if the chief 25 executive is satisfied that-- 26 (a) the subartesian water and the water service provider's 27 water supply for a retail water service is being taken 28 from the same source; and 29 (b) the taking of the subartesian water may threaten the 30 security of the water service provider's water supply for 31 the retail water service; and 32

 


 

s 63 59 s 63 Water and Other Legislation Amendment Bill 2007 (c) commission water restrictions or service provider water 1 restrictions have been imposed, or are about to be 2 imposed, in relation to the water supply. 3 `(2) If the chief executive is not satisfied about the matters 4 mentioned in subsection (1)(a), (b) and (c), the chief executive 5 must refuse to give the approval. 6 `(3) The approval may be given with or without conditions. 7 `25ZC Notice about decision to give approval 8 `(1) If the chief executive gives the approval, the chief executive 9 must, within 30 business days after giving the approval, give 10 the applicant a notice advising the applicant about the 11 approval. 12 `(2) If the chief executive refuses to give the approval, the chief 13 executive must, within 30 business days after refusing to give 14 the approval, give the applicant a notice advising the applicant 15 of the reasons why the approval was refused. 16 `25ZD Restriction of subartesian water by commission 17 `(1) This section applies if the chief executive gives the approval 18 to the commission. 19 `(2) The commission may impose a restriction on the use of the 20 subartesian water by a customer of a service provider in the 21 SEQ region or a designated area. 22 `(3) The restriction may be no more onerous than a commission 23 water restriction currently imposed on the customer. 24 `(4) For sections 360ZE to 360ZG, a restriction on the use of 25 subartesian water under this section is taken to be a 26 commission water restriction. 27 `(5) In this section, the power to restrict includes the power to 28 prohibit. 29

 


 

s 64 60 s 65 Water and Other Legislation Amendment Bill 2007 `25ZE Restriction of subartesian water by water service 1 provider 2 `(1) This section applies if the chief executive gives the approval 3 to a water service provider. 4 `(2) The water service provider may impose a restriction on the 5 use of the subartesian water by a customer of the water service 6 provider in an area outside the SEQ region or a designated 7 region. 8 `(3) The restriction may be no more onerous than a service 9 provider water restriction currently imposed on the customer. 10 `(4) For section 389, a restriction on the use of subartesian water 11 under this section is taken to be a service provider water 12 restriction. 13 `(5) In this section, the power to restrict includes the power to 14 prohibit.'. 15 Clause 64 Amendment of s 46 (Content of draft water resource 16 plans) 17 Section 46(2)-- 18 insert-- 19 `(cb) the types of works for taking or interfering with water in 20 a watercourse, lake or spring that are intended to be self 21 assessable development under the Integrated Planning 22 Act 1997;'. 23 Clause 65 Amendment of s 73 (Requirement for land and water 24 management plans) 25 Section 73, before subsection (1)-- 26 insert-- 27 `(1A) Subsection (1) does not apply to a person proposing to use, for 28 irrigating land outside Queensland, water taken under a water 29 entitlement or seasonal water assignment.'. 30

 


 

s 66 61 s 68 Water and Other Legislation Amendment Bill 2007 Clause 66 Amendment of s 129 (Changing water allocations under 1 water allocation change rules) 2 Section 129, heading, after `allocations'-- 3 insert-- 4 `permitted'. 5 Clause 67 Insertion of new s 129A 6 After section 129-- 7 insert-- 8 `129A Changing water allocations assessed under water 9 allocation change rules 10 `(1) Subsection (2) applies to a change to a water allocation if the 11 change is assessed under the water allocation change rules of 12 a resource operations plan. 13 `(2) The allocation holder may apply to the chief executive to 14 change the allocation in accordance with the rules. 15 `(3) The application-- 16 (a) must be in the approved form; and 17 (b) may relate to 1 or more of the elements of the allocation 18 mentioned in section 128; and 19 (c) must be supported by sufficient information to enable 20 the chief executive to decide the application; and 21 (d) must be accompanied by the fee prescribed under a 22 regulation.'. 23 Clause 68 Amendment of s 131 (Additional information may be 24 required) 25 Section 131, `mentioned in section 130'-- 26 omit, insert-- 27 `made under section 129A or 130'. 28

 


 

s 69 62 s 72 Water and Other Legislation Amendment Bill 2007 Clause 69 Amendment of s 133 (Applicant to pay cost of 1 researching and investigating application) 2 Section 133(1), `section 130'-- 3 omit, insert-- 4 `section 129A or 130'. 5 Clause 70 Amendment of s 134 (Deciding application to change 6 water allocation) 7 (1) Section 134, before subsection (1)-- 8 insert-- 9 `(1A) Subsection (2) applies if the chief executive is satisfied a 10 change to a water allocation to which section 129A applies is 11 in accordance with the water allocation change rules of a 12 resource operations plan.'. 13 (2) Section 134(1), `Subsection'-- 14 omit, insert-- 15 `Also, subsection'. 16 (3) Section 134(1), `the change'-- 17 omit, insert-- 18 `a change to a water allocation to which section 130 applies'. 19 (4) Section 134(3), after `subsection'-- 20 insert-- 21 `(1A) or'. 22 Clause 71 Amendment of s 340 (Main purpose of ch 2A and its 23 achievement) 24 Section 340(2)(b)(iv), `in appropriate cases,'-- 25 omit. 26 Clause 72 Amendment of s 360J (Content of options) 27 (1) Section 360J(1)(c) to (f)-- 28 renumber as section 360(1)(d) to (g). 29

 


 

s 73 63 s 75 Water and Other Legislation Amendment Bill 2007 (2) Section 360J(1)-- 1 insert-- 2 `(c) water supply works for achieving the desired levels of 3 service objectives, whether or not the water supply 4 works are in the region;'. 5 (3) Section 360J(1)(f), as renumbered, `(c) and (d)'-- 6 omit, insert-- 7 `(d) and (e)'.` 8 Clause 73 Amendment of s 360N (Effect of program for Integrated 9 Planning Act 1997) 10 (1) Section 360N(2), `in the region'-- 11 omit, insert-- 12 `mentioned in the program'. 13 (2) Section 360N(5), `in the region'-- 14 omit, insert-- 15 `mentioned in the program'. 16 Clause 74 Amendment of s 360W (Content of plan) 17 Section 360W(1)(b)(ii), `in the plan area'-- 18 omit, insert-- 19 `for the plan area, whether or not the water supply works are 20 in the plan area'. 21 Clause 75 Amendment of s 360Y (Publication and taking effect of 22 plan) 23 Section 360Y(1), `for water supply works in the plan area'-- 24 omit, insert-- 25 `to which the plan applies'. 26

 


 

s 76 64 s 79 Water and Other Legislation Amendment Bill 2007 Clause 76 Amendment of s 360Z (Amendment of plan) 1 (1) Section 360Z(1)(a), `operation'-- 2 omit, insert-- 3 `operating'. 4 (2) Section 360Z(1)(c), `in'-- 5 omit, insert-- 6 `for'. 7 (3) Section 360Z(5), `in'-- 8 omit, insert-- 9 `for'. 10 Clause 77 Amendment of s 360ZA (Water service providers must 11 comply with system operating plan) 12 Section 360ZA, from `for' to `operating plan'-- 13 omit, insert-- 14 `to which a system operating plan applies'. 15 Clause 78 Amendment of s 360ZB (Publication requirements) 16 Section 360ZB(1), from `for water'-- 17 omit, insert-- 18 `to which a system operating plan applies.'. 19 Clause 79 Amendment of s 360ZCB (When water efficiency 20 management plan may be required) 21 (1) Section 360ZCB(5)-- 22 omit, insert-- 23 `(5) A plan prepared as a water efficiency management plan under 24 a requirement of a commission water restriction or a service 25 provider water restriction is also a water efficiency 26 management plan for this section.'. 27 (2) Section 360ZCB(6), `to which this section applies'-- 28

 


 

s 80 65 s 81 Water and Other Legislation Amendment Bill 2007 omit, insert-- 1 `mentioned in subsection (1), (3) or (5)'. 2 Clause 80 Amendment of s 360ZCD (Approving water efficiency 3 management plan) 4 (1) Section 360ZCD(4)-- 5 omit, insert-- 6 `(4) If the water service provider does not approve the plan, the 7 customer must-- 8 (a) amend the plan to address the reasons for the decision; 9 and 10 (b) within 20 business days of receiving a notice under 11 subsection (3) or the extended period under subsection 12 (5), give the water service provider the revised plan. 13 Maximum penalty--200 penalty units.'. 14 (2) Section 360ZCD(8), from `a nominal'-- 15 omit, insert-- 16 `an application fee for the approval of the customer's water 17 efficiency management plan that is not more than the cost to 18 the water service provider of approving the plan.'. 19 Clause 81 Amendment of s 360ZD (Restricting water supply) 20 (1) Section 360ZD(1), `because of a significant threat to 21 sustainable and secure water supply,'-- 22 omit. 23 (2) Section 360ZD(1), examples-- 24 omit. 25 (3) Section 360ZD(2)(a), after `it'-- 26 insert-- 27 `because of a significant threat to sustainable and secure water 28 supply'. 29 (4) Section 360ZD(2)-- 30

 


 

s 82 66 s 83 Water and Other Legislation Amendment Bill 2007 insert-- 1 `(e) the restriction will help the achievement of long-term 2 demand management objectives for water.'. 3 (5) Section 360ZD(3), after `water'-- 4 insert-- 5 `, including non-Act water,'. 6 Clause 82 Amendment of s 384 (Power to enter places for restricted 7 purposes) 8 (1) Section 384(1), `at the place'-- 9 omit, insert-- 10 `, or install, under section 457, a device to reduce the water 11 supply to premises, at the place'. 12 (2) Section 384-- 13 insert-- 14 `(6) This section does not limit section 384A.'. 15 Clause 83 Insertion of new s 384A 16 After section 384-- 17 insert-- 18 `384A Power to enter place to read, check, maintain or 19 replace meter 20 `(1) An authorised person may enter a place at any reasonable 21 time-- 22 (a) to read a meter; or 23 (b) to check the accuracy of a meter; or 24 (c) to maintain or replace a meter. 25 `(2) In this section-- 26 meter, in relation to a place, means a device, including 27 equipment related to the device, for measuring the volume of 28 water supplied to the place and installed on infrastructure that 29 supplies retail water services at the place.'. 30

 


 

s 84 67 s 85 Water and Other Legislation Amendment Bill 2007 Clause 84 Amendment of s 388 (Restricting water supply) 1 (1) Section 388(1), `because of climatic conditions or water 2 conservation needs,'-- 3 omit. 4 (2) Section 388(2)(a), `the service provider water restriction'-- 5 omit, insert-- 6 `it because of climatic conditions or water conservation 7 needs'. 8 (3) Section 388(2)(d) and (e)-- 9 renumber as section 388(2)(e) and (f). 10 (4) Section 388(2)-- 11 insert-- 12 `(d) the service provider has an outdoor water use 13 conservation plan and the restriction is a measure to be 14 implemented under the plan; or'. 15 (5) Section 388(2)-- 16 insert-- 17 `(g) the water service provider is directed by the regulator, 18 under section 388A(2), to impose the restriction.'. 19 Clause 85 Insertion of new s 388A 20 After section 388-- 21 insert-- 22 `388A Regulator may direct restriction 23 `(1) This section applies if the regulator considers-- 24 (a) there is a significant threat to sustainable and secure 25 water supply in an area outside the SEQ region or a 26 designated region; and 27 (b) a restriction, under section 388, should be imposed in 28 the area. 29 `(2) The regulator may, after consultation with the water service 30 provider, direct the water service provider to-- 31

 


 

s 86 68 s 87 Water and Other Legislation Amendment Bill 2007 (a) impose a restriction, under section 388, in the area 1 within a stated period; and 2 (b) provide a written response to the regulator, within a 3 stated period, stating the steps the water service provider 4 intends to take to ensure the restriction is complied with. 5 `(3) A service provider to whom a direction is given under 6 subsection (2) must comply with the direction. 7 Maximum penalty--200 penalty units. 8 `(4) If the regulator is satisfied the response is adequate to ensure 9 compliance with the restriction, the regulator must-- 10 (a) approve the response; and 11 (b) give the service provider notice of the approval. 12 `(5) If the regulator is not satisfied the response is adequate to 13 ensure compliance with the restriction, the regulator must-- 14 (a) change the response to make it adequate; and 15 (b) approve the changed response; and 16 (c) give the service provider notice of the approval. 17 `(6) A service provider must comply with the approved response 18 by taking the steps stated in the response for ensuring the 19 restriction is complied with. 20 Maximum penalty for subsection (6)--200 penalty units.'. 21 Clause 86 Amendment of ch 3, pt 2, div 6, hdg (Further powers of 22 service providers) 23 Chapter 3, part 2, division 6, heading, after `Further'-- 24 insert-- 25 `provisions about'. 26 Clause 87 Insertion of new s 398A 27 Chapter 3, part 2, division 6-- 28 insert-- 29

 


 

s 88 69 s 89 Water and Other Legislation Amendment Bill 2007 `398A No charge for non-Act water in rainwater tank 1 `A service provider must not make a charge for non-Act water 2 that-- 3 (a) has been collected from a roof; and 4 (b) is in, or taken from, a rainwater tank.'. 5 Clause 88 Amendment of s 400 (When water efficiency management 6 plan may be required) 7 (1) Section 400(5)-- 8 omit, insert-- 9 `(5) A plan prepared as a water efficiency management plan under 10 a requirement of a service provider water restriction is also a 11 water efficiency management plan for this section.'. 12 (2) Section 400(6), `to which this section applies'-- 13 omit, insert-- 14 `mentioned in subsection (1), (3) or (5)'. 15 Clause 89 Amendment of s 402 (Approving water efficiency 16 management plan) 17 (1) Section 402(4)-- 18 omit, insert-- 19 `(4) If the water service provider does not approve the plan, the 20 customer must-- 21 (a) amend the plan to address the reasons for the decision; 22 and 23 (b) within 20 business days of receiving a notice under 24 subsection (3) or the extended period under subsection 25 (5), give the water service provider the revised plan. 26 Maximum penalty--200 penalty units.'. 27 (2) Section 402(8), from `a nominal'-- 28 omit, insert-- 29

 


 

s 90 70 s 92 Water and Other Legislation Amendment Bill 2007 `an application fee for the approval of the customer's water 1 efficiency management plan that is not more than the cost to 2 the water service provider of approving the plan.'. 3 Clause 90 Amendment of s 404 (Reporting under water efficiency 4 management plan) 5 Section 404(1)(c), `section 405(1)(a)'-- 6 omit, insert-- 7 `section 406(1)(a)'. 8 Clause 91 Amendment of s 420A (Spot audit by commission) 9 Section 420A(5), definition water service provider, from 10 `in'-- 11 omit, insert-- 12 `to which a system operating plan applies.'. 13 Clause 92 Insertion of new ch 3, pt 3, div 2B 14 Chapter 3, part 3-- 15 insert-- 16 `Division 2B Outdoor water use conservation 17 plan 18 `429L Application of div 2B 19 `This division applies to a service provider who provides a 20 retail water service outside the SEQ region or a designated 21 region. 22 `429M Water service provider to have outdoor water use 23 conservation plan 24 `(1) Each water service provider must have a plan (an outdoor 25 water use conservation plan), for reducing outdoor water use 26 and promoting efficient outdoor water use by customers of the 27 service provider, that-- 28

 


 

s 92 71 s 92 Water and Other Legislation Amendment Bill 2007 (a) complies with subsection (2); and 1 (b) is approved by the regulator. 2 Maximum penalty--200 penalty units. 3 `(2) The plan must be prepared in accordance with any guidelines 4 issued by the regulator for preparing the plan and state-- 5 (a) any service provider water restrictions imposed, or to be 6 imposed, by the service provider; and 7 (b) details of measures to reduce outdoor water use and 8 promote efficient outdoor water use by customers of the 9 service provider; and 10 (c) the way the service provider intends to implement the 11 measures, including the timing for implementing the 12 measures and the way the service provider intends to 13 ensure compliance with the measures. 14 `(3) The plan may be part of a document prepared for another 15 purpose if the part fulfils the requirements of subsection (2). 16 `(4) If a water service provider appeals a decision made by the 17 regulator under section 429N(4), the provider does not 18 contravene subsection (1) in relation to the failure to have a 19 plan until the day the appeal is finally disposed of. 20 Note-- 21 See also section 1152 (Application of provision about outdoor water use 22 conservation plan) for application of this section to particular water 23 service providers. 24 `429N Approving outdoor water use conservation plan 25 `(1) The regulator must, after receiving an outdoor water use 26 conservation plan for approval, either-- 27 (a) approve the plan and give the water service provider 28 notice of the approval; or 29 (b) return the plan to the water service provider and give the 30 service provider a notice-- 31 (i) stating how the plan must be changed to make it 32 comply with section 429M(2); and 33

 


 

s 93 72 s 93 Water and Other Legislation Amendment Bill 2007 (ii) requiring that the plan be revised to make it 1 comply with section 429M(2) and returned to the 2 regulator within a reasonable time stated in the 3 notice. 4 `(2) The water service provider must comply with a requirement 5 included in a notice given under subsection (1)(b). 6 Maximum penalty--200 penalty units. 7 `(3) When considering whether to approve a plan, the regulator 8 must take account of cost considerations for the water service 9 provider and its customers. 10 `(4) If, after considering the revised plan, the regulator decides to 11 refuse the plan, the regulator must give the water service 12 provider an information notice about the decision. 13 `429O Changing outdoor water use conservation plan 14 `(1) A water service provider may, with the regulator's agreement, 15 change an outdoor water use conservation plan after it is 16 approved. 17 `(2) The plan, as changed in the way agreed by the regulator, is 18 taken to be approved by the regulator. 19 `429P Complying with outdoor water use conservation plan 20 `A water service provider must comply with the provider's 21 outdoor water use conservation plan when supplying water 22 services to the service provider's customers. 23 Maximum penalty--200 penalty units.'. 24 Clause 93 Insertion of new ch 3, pt 3, div 2C 25 Chapter 3, part 3-- 26 insert-- 27 `Division 2C Other service provider obligations 28 `Subdivision 1 Residential premises 29

 


 

s 93 73 s 93 Water and Other Legislation Amendment Bill 2007 `429Q Application of sdiv 1 1 `This subdivision applies if-- 2 (a) a water service provider provides a retail water service 3 to residential premises; and 4 (b) the supply of water to the premises is measured and 5 charged by the water service provider, or a related local 6 government, only in relation to the premises; and 7 (c) the premises are not common property under the Body 8 Corporate and Community Management Act 1997 or the 9 Building Units and Group Titles Act 1980. 10 `429R Guidelines for rate notice or account for supply of 11 water to residential premises 12 `(1) A rate notice or account issued by the water service provider, 13 or the related local government, for the supply of water to the 14 residential premises, must comply with guidelines issued 15 by-- 16 (a) for the SEQ region or a designated region--the 17 Queensland Water Commission; or 18 (b) for an area outside the SEQ region or a designated 19 region--the regulator. 20 Maximum penalty--200 penalty units. 21 `(2) The guidelines may state-- 22 (a) the frequency at which a rate notice or account must be 23 issued for the supply of water to residential premises; 24 and 25 (b) the type of information to be included in the rate notice 26 or account about the volume of water supplied to the 27 premises during each billing period for the premises. 28 `(3) This section applies despite the Local Government Act 1993, 29 sections 973(4) and 1008(3). 30 Note-- 31 See also section 1153 (Application of provision about guidelines for rate 32 notice or account for water supply) for application of this section to 33 particular water service providers or a related local government. 34

 


 

s 93 74 s 93 Water and Other Legislation Amendment Bill 2007 `429S Service provider to give occupier water advice 1 `(1) This section applies if the owner of the residential premises is 2 not an occupier of the residential premises. 3 `(2) The water service provider must give a notice (a water 4 advice), in the approved form, to an occupier of the premises 5 stating the volume of water supplied to the premises during 6 each billing period for the premises. 7 Maximum penalty--200 penalty units. 8 `(3) The water advice must not include any information about any 9 other rates or charges mentioned in the Local Government Act 10 1993, section 963. 11 `(4) However, the water advice may include other information, 12 including information about-- 13 (a) ways to reduce the volume of water used at the 14 premises; or 15 (b) service provider water restrictions or commission water 16 restrictions applying to the premises. 17 `(5) In this section-- 18 occupier, of residential premises, means a person who 19 ordinarily resides at the premises. 20 Note-- 21 See also section 1154 (Application of provision about water advices) for 22 application of this section to particular water service providers. 23 `Subdivision 2 Premises with more than 1 24 sole-occupancy unit 25 `429T Service provider to give information about water 26 usage 27 `(1) This section applies to premises if-- 28 (a) a building located on the premises includes more than 1 29 sole-occupancy unit; and 30

 


 

s 94 75 s 94 Water and Other Legislation Amendment Bill 2007 (b) after 1 January 2008 meters are installed in relation to a 1 compliance request made under the Plumbing and 2 Drainage Act 2002 after 31 December 2007-- 3 (i) for measuring the supply of water to each 4 sole-occupancy unit; and 5 (ii) on infrastructure that supplies retail water services 6 for the premises. 7 `(2) A rate notice or account issued by a water service provider or 8 a related local government for the provision of a retail water 9 service to the premises must-- 10 (a) state the volume of water supplied through each meter 11 during each billing period for the premises; and 12 (b) the amount of the total charge for the retail water service 13 that relates to the volume of water supplied through each 14 meter. 15 `(3) In this section-- 16 Building Code of Australia see the Plumbing and Drainage 17 Act 2002. 18 premises does not include scheme land under the Body 19 Corporate and Community Management Act 1997. 20 sole-occupancy unit, in relation to a building, means-- 21 (a) a room or other part of the building for occupation by 22 one or a joint owner, lessee, tenant, or other occupier to 23 the exclusion of any other owner, lessee, tenant, or other 24 occupier, including, for example-- 25 (i) a dwelling; or 26 (ii) a room or suite of associated rooms in a building 27 classified under the Building Code of Australia as 28 a class 2, 4, 5, 6, 7 or 8 building; or 29 (b) any part of the building that is a common area.'. 30 Clause 94 Amendment of s 430 (Service provider to report annually) 31 (1) Section 430-- 32 insert-- 33

 


 

s 95 76 s 96 Water and Other Legislation Amendment Bill 2007 `(2A) The service provider must also prepare, for each financial year 1 the service provider gives a water advice to an occupier of 2 residential premises under section 429S, an annual report.'. 3 (2) Section 430(3), from `may'-- 4 omit, insert-- 5 `, (2) or (2A) may be combined with 1 or both of the other 6 reports mentioned in those subsections.'. 7 (3) Section 430(4)-- 8 insert-- 9 `(c) for a report mentioned in subsection (2A)--document 10 the number of water advices given to occupiers of 11 residential premises and the nature of any complaints 12 received about the giving of water advices during the 13 period covered by the report.'. 14 Clause 95 Amendment of s 457 (Restricting domestic water supply 15 in certain circumstances) 16 Section 457(1)(b)(i), after `restriction'-- 17 insert-- 18 `or a commission water restriction'. 19 Clause 96 Amendment of s 811 (Tampering with devices) 20 (1) Section 811(1)-- 21 insert-- 22 `(c) to reduce the water supply to the premises.'. 23 (2) Section 811(3)(b), from `to'-- 24 omit, insert-- 25 `to-- 26 (i) measure, read, record or transmit information; or 27 (ii) restrict the water supply to the premises.'. 28

 


 

s 97 77 s 100 Water and Other Legislation Amendment Bill 2007 Clause 97 Amendment of s 932 (Proceeding for offences) 1 Section 932(1)(d)-- 2 omit, insert-- 3 `(d) chapter 2A, part 5, division 3--may be brought only 4 by-- 5 (i) the commission; or 6 (ii) if the offence is not an offence for which a service 7 provider may be convicted--a service provider; or 8 (e) chapter 2A, parts 1 to 4, part 5 (other than division 3) or 9 part 6 (other than section 360ZE(4))--may be brought 10 only by the commission.'. 11 Clause 98 Amendment of s 1004 (Referral panels established by the 12 chief executive) 13 Section 1004(1)-- 14 insert-- 15 `(d) the granting of a water licence under section 212; or 16 (e) the granting of an application under section 223.'. 17 Clause 99 Amendment of s 1010A (Non-disclosure of commercially 18 sensitive information) 19 Section 1010A(1)(a), `section 36'-- 20 omit, insert-- 21 `section 25T, 36, 36A'. 22 Clause 100 Amendment of s 1013 (Approved forms) 23 Section 1013-- 24 insert-- 25 `(2) Also, the commission may approve forms for use under 26 section 429S.'. 27

 


 

s 101 78 s 103 Water and Other Legislation Amendment Bill 2007 Clause 101 Amendment of s 1014 (Regulation-making power) 1 Section 1014(2)-- 2 insert-- 3 `(gc) state a process for dealing with an application under 4 section 129, 129A or 130 for a change to a water 5 allocation; and'. 6 Clause 102 Insertion of new s 1015 7 Chapter 8, part 5-- 8 insert-- 9 `1015 Provision for amended s 618 10 `(1) The word `omit,' is taken never to have been included in the 11 amending provision. 12 `(2) This section expires at the end of the day after it commences. 13 `(3) This section is declared to be a law to which the Acts 14 Interpretation Act 1954, section 20A applies. 15 `(4) In this section-- 16 amending provision means the Statutory Bodies Legislation 17 Amendment Act 2007, section 110(2).'. 18 Clause 103 Insertion of new ch 9, pt 5, div 9 19 After section 1150-- 20 insert-- 21 `Division 9 Transitional provisions for Water 22 and Other Legislation Amendment 23 Act 2007 24 `1151 Applications for change to water allocation 25 `(1) This section applies to an application for a change to a water 26 allocation made under section 129 or 130 but not decided 27 before the commencement of this section. 28 `(2) Section 1014(2)(gc) and any regulation made under that 29 paragraph applies to the application. 30

 


 

s 103 79 s 103 Water and Other Legislation Amendment Bill 2007 `1152 Application of provision about outdoor water use 1 conservation plan 2 `(1) Section 429M does not apply to a person, registered as a water 3 service provider immediately before the commencement of 4 this section, until 2 years after the commencement. 5 `(2) Section 429M does not apply to a person, registered as a water 6 service provider after the commencement of this section, until 7 2 years after the provider's registration. 8 `1153 Application of provision about guidelines for rate 9 notice or account for water supply 10 `(1) Section 429R does not apply to an existing provider until-- 11 (a) for an existing provider in the SEQ region or a 12 designated region--1 July 2009; or 13 (b) for an existing provider in an area outside the SEQ 14 region or a designated region--4 years after the 15 commencement of this section. 16 `(2) Section 429R does not apply to a person, first registered as a 17 water service provider after the commencement of this 18 section, until 1 year after the provider's registration. 19 `(3) Section 429R does not apply to a related local government 20 until 4 years after the commencement of this section. 21 `(4) In this section-- 22 existing provider means a person registered as a water service 23 provider immediately before the commencement of this 24 section. 25 `1154 Application of provision about water advices 26 `(1) Section 429S does not apply to an existing provider until-- 27 (a) for an existing provider in the local government area of 28 the Brisbane City Council or the Gold Coast City 29 Council--1 January 2008; or 30 (b) for an existing provider in the SEQ region or a 31 designated region, other than an area mentioned in 32 paragraph (a)--1 July 2009; or 33

 


 

s 104 80 s 104 Water and Other Legislation Amendment Bill 2007 (c) for an existing provider in an area outside the SEQ 1 region or a designated region--4 years after the 2 commencement of this section. 3 `(2) Section 429S does not apply to a person, first registered as a 4 water service provider after the commencement of this 5 section, until 1 year after the provider's registration. 6 `(3) In this section-- 7 existing provider means a person registered as a water service 8 provider immediately before the commencement of this 9 section. 10 `1155 Plan taken to be water efficiency management plans 11 `(1) This section applies to a plan, however called, submitted or 12 approved as a water efficiency management plan under a 13 requirement of a commission water restriction or a service 14 provider water restriction from 7 December 2006 to the 15 commencement of this section. 16 `(2) Chapter 2A, part 5, division 3 and chapter 3, part 2, division 7 17 apply to the plan as if the plan was submitted after the 18 commencement of this section.'. 19 Clause 104 Amendment of sch 4 (Dictionary) 20 (1) Schedule 4, definitions hazardous waste, monitoring 21 equipment and non-Act water-- 22 omit. 23 (2) Schedule 4-- 24 insert-- 25 `billing period, for premises, means a period during which the 26 water service provider measures the volume of water supplied 27 to the premises for the purpose of charging for the water. 28 hazardous waste means-- 29 (a) a substance, whether liquid, solid or gaseous, derived 30 by, or resulting from, the processing of minerals that 31 tends to destroy life or impair or endanger health; or 32 (b) ash resulting from the process of power generation. 33

 


 

s 104 81 s 104 Water and Other Legislation Amendment Bill 2007 meter includes equipment, related to the meter, for measuring 1 and recording-- 2 (a) the taking of, or interfering with, water; or 3 (b) the quality of water. 4 monitoring equipment-- 5 (a) means equipment for reading rainfall, water flow or 6 water levels or for assessing the effects of taking of, or 7 interfering with, water or water use on land and water; 8 and 9 (b) includes a meter. 10 non-Act water means water, including recycled and 11 desalinated water, from any source, other than water included 12 in the definition of water, item 1, in this schedule. 13 outdoor water use conservation plan see section 429M(1). 14 rate notice means a rate notice issued under the Local 15 Government Act 1993. 16 related local government means a local government who 17 charges for the supply of water for a retail water service if the 18 retail water service is provided by a water service provider 19 who is not the local government. 20 residential premises means premises used for a residential 21 purpose. 22 water advice see section 429S(2).'. 23 (3) Schedule 4, definition water service provider, `in the plan area 24 for a system operating plan'-- 25 omit, insert-- 26 `to which a system operating plan applies'. 27

 


 

s 105 82 s 106 Water and Other Legislation Amendment Bill 2007 Part 12 Amendment of Water 1 Amendment Act 2005 2 Clause 105 Act amended in pt 12 3 This part amends the Water Amendment Act 2005. 4 Clause 106 Amendment of s 7 (Insertion of new ch 3, pt 2, div 2A of 5 Act No. 34 of 2000) 6 Section 7, inserted section 387B(b)(ii) and (c), `the 7 impoundments of Wivenhoe, Somerset or North Pine Dams 8 or'-- 9 omit. 10 State of Queensland 2007

 


 

AMENDMENTS TO BILL

1 Water and Other Legislation Amendment Bill 2007 Water and Other Legislation Amendment Bill 2007 Amendments agreed to during Consideration 1 Clause 2 (Commencement)-- At page 8, line 9-- omit, insert-- ` parts 9 and 10;'.

 


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