Queensland Numbered Acts

SUSTAINABLE PLANNING (HOUSING AFFORDABILITY AND INFRASTRUCTURE CHARGES REFORM) AMENDMENT ACT 2011 No. 17 - SECT 39

After section 755K—

insert—

'(1) A distributor-retailer's board may decide—

(a) to adopt a charge for supplying trunk infrastructure in relation to its water service or wastewater service that is not more than the amount of the distributor-retailer's relevant proportion of the maximum adopted charge for the infrastructure; and

(b) to adopt a charge for supplying trunk infrastructure in relation to its water service or wastewater service in a part of its geographic area that is not more than the amount of the distributor-retailer's relevant proportion of the maximum adopted charge for the infrastructure in the part of the geographic area; and

(c) that an adopted infrastructure charge does not apply for supplying trunk infrastructure in relation to its water service or wastewater service in its geographic area or a part of its geographic area.

'(2) In this section—

geographic area, for a distributor-retailer, means the distributor-retailer's geographic area under the SEQ Water Act.

'(1) For this Act, a distributor-retailer may, on and from the standard charge day for the distributor-retailer, levy a charge for supplying trunk infrastructure in relation to its water service or wastewater service.

'(2) The amount of the charge levied must be—

(a) if the distributor-retailer's board has decided to adopt a charge under section 755KA(1)(a) or (b)—the adopted charge; or

(b) otherwise—the distributor-retailer's standard amount for the trunk infrastructure.

'(3) For subsection (1), a distributor-retailer may give a person an adopted infrastructure charges notice under section 648F(1).

'(4) The adopted infrastructure charges notice may be given only in relation to a development approval or compliance permit.

'(5) The distributor-retailer must give the notice to the applicant or the person who requested compliance assessment—

(a) within 10 business days after the distributor-retailer receives a copy of the approval or permit; or

(b) for a deemed approval for which a decision notice has not been given—within 20 business days after receiving a copy of the deemed approval notice.

'(6) The charge is not recoverable unless the entitlements under the approval or permit are exercised.

'(7) The notice lapses if the approval or permit stops having effect.

'(8) If a negotiated decision notice is given for a development application (distributor-retailer) and section 364(1) applies in relation to the negotiated decision notice, the distributor-retailer may give the applicant a new adopted infrastructure charges notice under section 648F(1) to replace the original notice.'.