Queensland Numbered Acts

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) AND NATURAL RESOURCES PROVISIONS ACT 2009 NO. 46

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY
           Part 1--Introduction

   1.      Short title
   2.      Commencement
           Part 2--Purposes and application of Act
   3.      Purposes of Act
   4.      Achievement of purposes
           Part 3--Interpretation
           Division 1--Key definitions
   5.      Who are a distributor-retailer's participating local governments
   6.      What is a distributor-retailer's geographic area
           Division 2--Dictionary
   7.      Dictionary

           CHAPTER 2--NEW AUTHORITIES FOR WATER DISTRIBUTION AND RETAILING
           Part 1--Establishment, functions and powers

   8.      Establishment
   9.      Legal status
   10.     Expiry
   11.     Functions
   12.     Powers
   13.     Powers and functions in or out of Queensland
           Part 2--Application of particular other Acts to distributor-retailers
   14.     Statutory Bodies Financial Arrangements Act 1982
   15.     Financial Accountability Act 2009
   16.     Crime and Misconduct Act 2001
   17.     Right to information Act 2009
   18.     Land Act and Land Title Act
   19.     Deletion of commercially sensitive matters from annual report
           Part 3--Participation agreements for distributor-retailers
   20.     Requirement for agreement
   21.     Planning and reporting requirements
   22.     Particular matters agreement may provide for
   23.     Minister's default power to make agreement
   24.     When agreement takes effect
   25.     Tabling of agreement
   26.     Effect as a contract
   27.     Act prevails over agreement
   28.     General power to amend by agreement
   29.     Ministerial approval required for change in particular matters
   30.     Tabling of amended agreement
           Part 4--Boards of distributor-retailers
           Division 1--Establishment, membership and related matters
   31.     Requirement to have board
   32.     Role of boards
   33.     Appointment of members
   34.     Criteria for appointment
   35.     Chairperson
   36.     Terms and ending of appointments
           Division 2--Business
   37.     Conduct of business
   38.     Time and place of meetings
   39.     Presiding at meetings
   40.     Conduct of meetings
   41.     Minutes
   42.     Disclosure of interests
           Division 3--Financial management
   43.     Approval required for profit distribution
           Part 5--Chief executive officer
   44.     Appointment of chief executive officer
   45.     Term of appointment
   46.     Conditions of appointment
   47.     Qualifications for appointment
   48.     Chief executive officer's responsibilities
           Part 6--Reserve powers of participating local governments
   49.     Reserve power to give directions in public interest
   50.     Publication of directions
   51.     Local government directions relevant to duty
           Part 7--Miscellaneous provisions
   52.     Authentication of documents
   53.     Delegation

           CHAPTER 3--TRANSFER FROM LOCAL GOVERNMENTS TO DISTRIBUTOR-RETAILERS
           Part 1--Transfer schemes
           Division 1--Making of transfer schemes

   54.     Power to make transfer scheme
   55.     Period of transfer schemes
   56.     Particular matters scheme may provide for
           Division 2--Approval of transfer scheme
   57.     Request for approval
   58.     Requirements for certification statement
   59.     Deciding request
   60.     Notice and taking effect of approved scheme
           Division 3--Miscellaneous provision
   61.     Discharge of liabilities by transfer scheme
           Part 2--Ministerial powers for transition
   62.     Transfer notice
   63.     Period of transfer notices
   64.     Effect of transfer notice
   65.     Transfer direction
           Part 3--Provisions facilitating transition
           Division 1--General provisions
   66.     Chapter applies despite other laws and instruments
   67.     Decisions not reviewable
   68.     Effect on legal relationships
   69.     Disclosure and use for transition of information
   70.     Registering authority to register or record transfer
   71.     Non-liability for State taxes, charges or fees
           Division 2--Provisions for other laws and instruments
           Subdivision 1--Acquisition of Land Act
   72.     Existing acquisitions
   73.     Acquisitions interrupted by transfer scheme or notice
   74.     Provisions for distributor-retailer becoming constructing authority
           Subdivision 2--Land Act
   75.     Terminating trust land and granting freehold interest
   76.     Granting Land Act lease
           Subdivision 3--Development approvals and infrastructure agreements
   77.     Matters relating to the Integrated Planning Act 1997
           Subdivision 4--Reconfigurations
   78.     Reconfiguring a lot after transfer scheme or notice takes effect
           Part 4--Workforce provisions
           Division 1--Staff support framework
   79.     Staff support framework
   80.     Staff support framework prevails over transfer scheme or notice
           Division 2--Preservation of rights of employees
   81.     Application of div 2
   82.     Continuity of employment
   83.     Preservation of rights of transferred employees during transitional period
           Part 5--Provisions for separate transfers of land and attached assets
   84.     Application of pt 5
   85.     References to land with asset attached
   86.     Entry to and use of land and structures by asset owner
   87.     Compensation to land owner for entry and use
   88.     Land owner's obligations for asset
   89.     Registration of information about asset
           Part 6--Provisions for easements
   90.     Application of pt 6
   91.     Rights, liabilities and obligations under easement
   92.     Registration of information about easement

           CHAPTER 4--CUSTOMER WATER AND WASTEWATER CODE
           Part 1--General provisions about code

   93.     Minister's power to make code
   94.     Particular matters code may provide for
           Part 2--Process for making or amending code
   95.     Public notice about availability of draft code
   96.     Preparing and approving final code
   97.     Amendment of code
   98.     No regulatory impact statement for code
           Part 3--Review of code
   99.     Review

           CHAPTER 5--MISCELLANEOUS PROVISIONS

   100.    Liability for Commonwealth and State tax equivalents
   101.    Approved forms
   102.    Regulation-making power

           CHAPTER 6--TRANSITIONAL PROVISIONS

   103.    Appointment of first chief executive officer
   104.    Interim participation agreement
   105.    Application of customer service standards until code commences
   106.    Provision for market rules
   107.     Amendment under Act of Statutory Bodies Financial Arrangements Regulation 2007

           CHAPTER 7--AMENDMENT OF ACTS AND A REGULATION
           Part 1--Amendment of this Act

   108.    Act amended
   109.    Amendment of long title
   110.    Amendment of s 1 (Short title)
   111.    Amendment of s 77 (Matters relating to the Integrated Planning Act 1997)
   112.    Amendment of s 78 (Reconfiguring a lot after transfer scheme or notice takes effect)
           Part 2--Amendment of Land Act 1994
   113.    Act amended
   114.    Amendment of s 154 (Minister may approve additional purposes)
   115.    Amendment of s 477 (Change of purpose for special lease)
           Part 3--Amendment of Local Government (Aboriginal Lands) Act 1978
   116.    Act amended
   117.    Insertion of new s 3A
           Part 4--Amendment of South East Queensland Water (Restructuring) Act 2007
   118.    Act amended
   119.    Replacement of ch 2 hdg (New water entities)
   120.    Replacement of ch 3 hdg (The project)
   121.    Replacement of ch 4 hdg (Other matters)
           Part 5--Amendment of Statutory Bodies Financial Arrangements Regulation 2007
   122.    Regulation amended
   123.    Amendment of sch 2 (Statutory bodies that may borrow under part 5 of the Act)
   124.    Amendment of sch 4 (Statutory bodies allocated category 2 investment power)
   125.    Amendment of sch 8 (Statutory bodies that may enter into derivative transactions)
           Part 6--Amendment of Valuation of Land Act 1944
   126.    Act amended
   127.    Amendment of s 75M (Valuation operations may be based on existing local government boundaries)
   128.    Insertion of new pt 9, div 4
           Part 7--Amendment of Water Act 2000
   129.    Act amended
   130.    Amendment of s 349 (Eligibility for appointment)
   131.    Insertion of new s 360TA
           132. Amendment of s 360ZCY (Content of market rules)
           Part 8--Amendment of Water Supply (Safety and Reliability) Act 2008
   133.    Act amended
   134.    Amendment of s 13 (Requirement for service provider to give information)
   135.    Replacement of s 14 (Annual reports)
   136.    Amendment of s 20 (Who must apply for registration as a service provider)
   137.    Amendment of s 201 (Preparing particular plans)
   138.    Amendment of s 263 (Auditor's responsibility to inform regulator)
   139.    Amendment of s 302 (Regulator may seek advice about scheme manager)
   140.    Amendment of s 419 (General powers after entering places)
   141.    Replacement of s 435 (Application of pt 5)
   142.    Amendment of s 436 (Power about preventing or minimising adverse affects—general)
   143.    Replacement of s 441 (Sections 441-449 not used)
   144.    Replacement of ch 5, pt 8, hdg (Show cause and compliance notices)
   145.    Replacement of s 468 (Sections 468-474 not used)
   146.    Amendment of s 571 (Regulator may make guidelines)
   147.    Amendment of s 572 (Chief executive may make guidelines)
   148.    Amendment of s 574 (Documents regulator and chief executive must keep available for inspection and purchase)
   149.    Amendment of s 579 (Regulator may share particular information)
   150.    Amendment of s 629 (Notice requiring entity to have approved drinking water quality management plan)
   151.    Amendment of s 633 (Application of particular provisions—other schemes)
   152.    Omission of ch 9, pt 6, hdg (Regulation-making power for transitional purposes)
   153.    Insertion of new ch 10A
   154.    Amendment of sch 3 (Dictionary)
           SCHEDULE -- DICTIONARY