Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
South East Queensland Water (Distribution and Retail Restructuring) and Natural
Resources Provisions Bill 2009
South East Queensland Water
(Distribution and Retail Restructuring)
and Natural Resources Provisions Bill
2009
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Stephen Robertson MP
Title of the Bill
South East Queensland Water (Distribution and Retail Restructuring) and
Natural Resources Provisions Bill 2009
Objectives of the Amendments
The amendments to be moved during consideration have been made to:
· make minor corrections to the Short Title and various clauses of the
Bill;
· take away any limitation upon a distributor-retailer conducting
business outside its geographic areas or providing other services
within its geographic area; and
· amend the eligibility criteria for appointment of Commissioner under
Chapter 2A of the (Water Act 2000).
Consistency with Fundamental Legislative Principles
The amendments do not conflict with Fundamental Legislative Principles.
Consultation
Where appropriate, consultation regarding the amendments was undertaken
with Council of Mayors (South East Queensland), the Queensland Water
Commission and key government agencies, such as Queensland Treasury.
Page 1
South East Queensland Water (Distribution and Retail Restructuring) and Natural
Resources Provisions Bill 2009
Notes on Provisions
Amendment 1 amends the Short Title of the Bill by including the word
`Water' after South East Queensland to ensure that it is consistent with the
Long Title of the Bill.
Amendment 2 amends clause 4 to make a minor correction to this
provision.
Amendment 3 amends clause 11 by omitting the words `that are connected
with or arise from it providing relevant services' so that a
distributor-retailer will not be limited in conducting business outside its
geographic area or providing other services within its geographic area. For
example a distributor-retailer might provide engineering services outside
its geographic area or off-grid recycling solutions. It might also provide
broadband services within it geographic area, using its existing networks.
Amendment 4 amends clause 15 by omitting the words `or any other matter
prescribed under a regulation'. This amendment will prevent a regulation
being made under this Act to exempt a distributor-retailer from having to
comply with a financial and performance management standard. This
regulation making power has been removed as the Financial Accountability
Act 2009 (section 59) allows the Treasurer to exempt a department or
statutory authority from complying with a financial and performance
management standard.
Amendment 5 also amends clause 15 by inserting the words `who are also
participants in the distributor-retailer' at the end of this clause to make it
clear that the reporting need only be back to the participating local
governments who continue to have participation rights in a
distributor-retailer.
Amendment 6 amends clause 15 to make a minor correction to this
provision.
Amendment 7 amends clause 21 for the same reason that clause 15 is
amended. It makes clear that only the participating local governments
which continue to have participation rights in a distributor-retailer need to
be provided with enough information to allow them to make an informed
assessment of the distributor-retailer's operations.
Amendment 8 amends clause 28 to make a minor correction to this
provision.
Page 2
South East Queensland Water (Distribution and Retail Restructuring) and Natural
Resources Provisions Bill 2009
Amendment 9 amends clause 34 to make a minor correction to this
provision.
Amendment 10 amends clause 49 to make a minor correction to this
provision and to put it beyond doubt that a direction may be made by
participating local governments where a `majority' of local governments,
as defined in a participation agreement for that distributor-retailer, think it
necessary in the public interest of the distributor-retailer's geographic area
and the SEQ region.
Amendment 11 amends clause 54 to make a minor correction to this
provision.
Amendment 12 amends clause 56 to include a definition of `trust land' so
that it is clear that this provision applies to, but is not limited to, land
dedicated as a reserve, or granted in fee simple in trust, under the Land Act
1994, chapter 3, part 1.
Amendments 13 and 14 amend clause 83 to make minor corrections to this
provision.
Amendment 15 amends clause 94 to make a minor correction to this
provision.
Amendment 16 amends clause 100 to make a minor correction to this
provision.
Amendment 17 amends clause 104 to exempt an interim board established
under an interim participation agreement from having to comply with
sections 38, 39, 40 and 42, which deal with the conduct of board business,
namely, the time and place of meetings, chairperson, conduct of meetings
and disclosure of interests. An interim board will still be required to keep
minutes of its board meetings.
Amendment 18 amends clause 105 to make it clear that a
distributor-retailer must comply with relevant customer service standards
for a distributor-retailer's geographic area until the commencement of a
customer water and wastewater code made by the Minister pursuant to
section 93 of the Act.
Amendment 19 amends clause 106 to make a minor correction to this
provision.
Amendments 20 to 25 amend clauses 117, 123, 124, 125 and 128 to insert
the word `Water' into the name of the Act where it is referred to in these
provisions.
Page 3
South East Queensland Water (Distribution and Retail Restructuring) and Natural
Resources Provisions Bill 2009
Amendment 26 inserts clause 129A which amends section 349 of the Water
Act 2000 to limit the ineligibility criteria to that of a water service provider
that is operating within the area of the Commission. Lessening the scope of
these criteria will still ensure the avoidance of direct conflicts of interest.
Amendment 27 amends clause 152 to insert the word `Water' into the name
of the Act where it is referred to in this provision.
Amendment 28 amends the Schedule to omit the definition of `trust land'
from the dictionary as the definition is now included in clause 56.
© State of Queensland 2009
Page 4