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WATER AND OTHER LEGISLATION AMENDMENT ACT 2010 NO. 53


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Energy Ombudsman Act 2006
   3.      Act amended in pt 2 and sch 1
   4.      Amendment of long title
   5.      Amendment of s 1 (Short title)
   6.      Replacement of s 3 (Main purpose of Act)
   7.      Amendment of s 6 (Who is a small customer)
   8.      Insertion of new ss 6A and 6B
           9. Insertion of new ss 7A and 7B
           10. Insertion of new s 8A
           11. Amendment of s 11 (Functions)
           12. Amendment of s 12 (General restrictions on functions)
   13.     Insertion of new ss 12A and 12B
           14. Amendment of s 13 (Exclusion of disputes relating to community ambulance cover levy)
   15.     Amendment of s 18 (Disputes that may be referred to energy ombudsman)
   16.     Insertion of new s 18A
           17. Amendment of s 19 (Restrictions on disputes that can be referred)
   18.     Insertion of new s 19A
           19. Amendment of s 20 (Discretion to accept particular referrals made out-of-time)
   20.     Amendment of s 22 (Refusal to investigate dispute referral)
   21.     Amendment of s 23 (Notice of referral not properly made or of refusal to investigate)
   22.     Amendment of s 29 (Power to require particular documents or information from relevant entity)
   23.     Amendment of s 32 (Interim orders)
   24.     Amendment of s 35 (Final orders that may be made)
   25.     Amendment of s 36 (Criteria for making final order)
   26.     Amendment of s 37 (Restrictions on final orders)
   27.     Amendment of s 41 (Effect of accepted order)
   28.     Amendment of s 46 (Failure by relevant entity to comply with accepted order or compliance directions)
   29.     Amendment of s 49 (Functions)
           30. Amendment of s 50 (Appointment)
           31. Insertion of new s 50A
           32. Amendment of s 64 (Scheme membership)
   33.     Insertion of new s 64A
           34. Amendment of s 66 (When membership fee is payable)
   35.     Amendment of s 67 (Amount of membership fee)
   36.     Insertion of new s 67A
           37. Amendment of s 69 (Working out user-pays fee)
   38.     Amendment of s 74 (Annual budgets)
   39.     Amendment of s 75 (Budget guidelines)
   40.     Amendment of s 76 (Delegation)
           41. Amendment of s 77 (Annual report)
   42.     Amendment of s 78 (Reports and observations on energy ombudsman's initiative)
   43.     Amendment of s 79 (Privacy)
           44. Amendment of s 80 (Disclosure of particular information)
   45.     Amendment of pt 9 (Transitional provisions)
   46.     Amendment of s 84 (Definitions for pt 9)
   47.     Insertion of new pt 10
   48.     Amendment of schedule (Dictionary)
           Part 3--Amendment of Environmental Protection Act 1994
   49.     Act amended
   50.     Amendment of s 41 (Submission)
   51.     Amendment of s 151 (What is a level 1 mining project and a level 2 mining project)
   52.     Amendment of s 162 (Decision about EIS requirement)
   53.     Amendment of s 163 (Minister's power to overturn decision about EIS requirement)
   54.     Amendment of sch 4 (Dictionary)
           Part 4--Amendment of Fisheries Act 1994
   55.     Act amended
   56.     Amendment of s 76DA (Applications in relation to wild river preservation areas)
           Part 5--Amendment of Land Valuation Act 2010
   57.     Act amended
   58.     Amendment of s 30 (Mining leases)
   59.     Amendment of s 31 (Geothermal, GHG and petroleum leases)
           Part 6--Amendment of Mineral Resources Act 1989
   60.     Act amended
   61.     Amendment of s 382 (Definitions for pt 10A)
   62.     Amendment of s 383 (Grant of mining tenements in wild river areas)
   63.     Amendment of s 384 (Renewal of mining tenements in wild river areas)
           Part 7--Amendment of Petroleum Act 1923
   64.     Act amended
   65.     Amendment of s 2 (Definitions)
   66.     Amendment of s 74X (Compliance with land access code)
   67.     Omission of pt 6CA (Existing Water Act bores)
   68.     Amendment of s 75WA (Who may apply for water monitoring authority)
   69.     Amendment of s 75WC (Deciding application for water monitoring authority)
   70.     Amendment of s 75WD (Operation of sdiv 2)
   71.     Amendment of s 75WE (Water monitoring activities)
   72.     Amendment of s 75WN (Amending water monitoring authority by application)
   73.     Amendment of s 78M (Required contents of entry notice)
   74.     Amendment of pt 6K, div 1, hdg (Compensation other than for notifiable road uses and make good obligation)
   75.     Amendment of s 79P (Application of div 1)
   76.     Amendment of s 80U (When noncompliance action may be taken)
   77.     Amendment of s 86 (Water rights)
   78.     Insertion of new s 87
           79. Amendment of schedule (Decisions subject to appeal)
           Part 8--Amendment of Petroleum and Gas (Production and Safety) Act 2004
   80.     Act amended
   81.     Amendment of s 185 (Underground water rights)
   82.     Amendment of s 187 (Water monitoring activities)
   83.     Amendment of s 190 (Who may apply for water monitoring authority)
   84.     Amendment of s 192 (Deciding application for water monitoring authority)
   85.     Amendment of s 203 (Amending water monitoring authority by application)
   86.     Omission of ch 2, pt 9 (Existing Water Act bores)
   87.     Amendment of ch 5, pt 5, div 1, hdg (Compensation other than for notifiable road uses and make good obligation)
   88.     Amendment of s 531 (Application of div 1)
   89.     Amendment of s 564 (Petroleum register)
   90.     Amendment of s 790 (Types of noncompliance action that may be taken)
   91.     Amendment of s 791 (When noncompliance action may be taken)
   92.     Amendment of sch 2 (Dictionary)
           Part 9--Amendment of Queensland Competition Authority Act 1997
   93.     Act amended in pt 9 and sch 2
   94.     Amendment of s 10 (Authority's functions)
   95.     Amendment of s 72 (Meaning of service)
   96.     Amendment of pt 5A, hdg (Pricing and supply of water)
   97.     Amendment of s 170A (Application of part to partnerships and joint ventures)
   98.     Amendment of s 170B (Application of Act to authority for purposes of giving notices)
   99.     Insertion of new pt 5A, div 2, sdiv 4A
   100.    Replacement of s 170Y (Effect of expiry or revocation of declaration)
   101.    Replacement of pt 5A, div 2, sdiv 7, hdg (Investigations about monopoly water supply activities and making water pricing determinations)
   102.    Replacement of ss 170ZA-170ZG
           103. Amendment of s 170ZH (Restrictions affecting making of water pricing determination)
   104.    Amendment of s 170ZI (Matters to be considered by authority in making water pricing determination)
   105.    Amendment of s 170ZJ (When water pricing determination takes effect)
   106.    Amendment of s 170ZM (Register of water pricing determinations)
   107.    Omission of pt 5A, divs 3-5
   108.    Insertion of new ss 170ZN-170ZU
           109. Insertion of new pt 5A, div 3
   110.    Insertion of new pt 5A, div 6, sdiv 1 hdg
   111.    Amendment of s 170ZZZF (Orders to enforce water supply and pricing determinations)
   112.    Replacement of s 170ZZZL (Orders to enforce approved water supply undertaking)
   113.    Amendment of s 171 (Application of part)
   114.    Amendment of s 172 (Public seminars etc.)
   115.    Replacement of s 187A (Application of part)
   116.    Amendment of s 188 (Application of part)
   117.    Omission of s 188A (Consolidation of arbitration of access and water supply disputes)
   118.    Insertion of new s 235A
           119. Insertion of new pt 13
   120.    Amendment of sch 2 (Dictionary)
           Part 10--Amendment of Queensland Institute of Medical Research Act 1945
   121.    Act amended
   122.    Insertion of new pt 1 hdg
   123.    Amendment of s 2 (Definitions)
   124.    Insertion of new pt 2 hdg
   125.    Insertion of new s 4A
           126. Replacement of s 5 (Membership of Council)
   127.    Omission of s 5A (Nominee Council members)
   128.    Amendment of s 5B (Council members' term of appointment)
   129.    Omission of ss 8A-8N
           130. Amendment of s 8O (Trust deemed to be sanctioned under Collections Act 1966)
   131.    Amendment of s 8P (Term of office to continue)
   132.    Amendment of s 11A (Appointment of personnel for joint research projects)
   133.    Amendment of s 13 (Funds and financial provisions)
   134.    Insertion of new pt 3 hdg
   135.    Amendment of s 15 (Requirements in respect of property given, devised or bequeathed)
   136.    Insertion of new pt 4 hdg and pt 4 div 1 hdg
   137.    Insertion of new pt 4, div 2
           Part 11--Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
   138.    Act amended
   139.    Amendment of s 4 (Achievement of purposes)
   140.    Insertion of new s 30A
           141. Replacement of s 48 (Chief executive officer's responsibilities)
   142.    Amendment of s 53AE (Provision for market rules)
   143.    Amendment of ch 2A, pt 3, hdg (Charges for water services and wastewater services)
   144.    Amendment of s 53AS (Application of pt 3)
   145.    Amendment of s 53AT (Interest)
           146. Insertion of new ch 2A, pt 3A
   147.    Omission of s 53AZ (Code supersedes customer service standards)
   148.    Replacement of ch 2C, pt 2, div 7 (Power to require name and address in connection with trade waste)
   149.    Amendment of ch 4, hdg (Customer water and wastewater code)
   150.    Amendment of s 93 (Minister's power to make code)
   151.    Amendment of s 94 (Particular matters code may provide for)
   152.    Replacement of s 94A (Obligation to comply with code)
   153.    Amendment of s 95 (Public notice about availability of draft code)
   154.    Omission of s 98 (No regulatory impact statement for code)
   155.    Insertion of new ch 4, pt 3A
   156.    Amendment of ch 4, pt 4, hdg (Interim customer service provisions)
   157.    Omission of ss 99AA and 99AB
           158. Amendment of s 99AD (Customer service charter)
   159.    Replacement of s 99AE (Access to customer service charter)
   160.    Amendment, relocation and renumbering of s 99AF (Obligation to comply with part)
   161.    Insertion of new s 99AFA
           162. Amendment of s 99AH (Methods of charging)
   163.    Amendment of s 99AR (Non-residential customers)
   164.    Insertion of new s 99ASA
           165. Amendment of s 99AT (Restricting water supply for not paying charges or giving security)
   166.    Insertion of new ch 4, pt 4, div 3, sdiv 3
   167.    Amendment of s 99AU (Application of div 4)
   168.    Amendment of s 99AV (Matters required to be stated in account)
   169.    Insertion of new s 100DA
           170. Amendment of s 100F (Application of Water Supply Act enforcement provisions for particular offences)
   171.    Amendment of s 109 (Deferral of distributor-retailer's liability for additional public entity road work expenses)
   172.    Insertion of new ch 6, pt 3
   173.    Amendment of schedule (Dictionary)
           Part 12--Amendment of Sustainable Planning Act 2009
   174.    Act amended
   175.    Amendment of sch 1 (Prohibited development)
   176.    Amendment of sch 3 (Dictionary)
           Part 13--Amendment of Vegetation Management Act 1999
   177.    Act amended
   178.    Amendment of s 17 (Making declaration)
   179.    Amendment of s 20F (Copies of PMAV given to owners)
   180.    Amendment of s 22A (Particular vegetation clearing applications may be assessed)
           Part 14--Amendment of Water Act 2000
   181.    Act amended
   182.    Amendment of s 203 (Definitions for pt 6)
   183.    Amendment of s 266 (Applying for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring)
   184.    Amendment of s 268 (Criteria for deciding application for a permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring)
   185.    Amendment of s 280 (Applying for allocation of quarry material)
   186.    Amendment of s 282 (Criteria for deciding application for allocation of quarry material)
   187.    Replacement of s 345 (Main functions of commission)
   188.    Amendment of s 347 (General powers)
   189.    Amendment of s 349 (Eligibility for appointment)
   190.    Amendment of s 360E (Other references)
   191.    Amendment of s 360F (Annual levy)
   192.    Insertion of new s 360FA
           193. Amendment of s 360ZCB (When water efficiency management plan may be required)
   194.    Amendment of s 360ZE (Consultation and giving notice of commission water restriction)
   195.    Insertion of new ch 3
   196.    Amendment of s 740 (Functions and powers of authorised officers)
   197.    Amendment of s 746 (Power to enter land to monitor compliance)
   198.    Amendment of s 747 (Power to enter land in relation to information collection)
   199.    Amendment of s 748A (Power of entry for monitoring commission water restrictions and water efficiency management plans)
   200.    Amendment of s 814 (Destroying vegetation, excavating or placing fill without permit)
   201.    Amendment of s 966 (Additional criteria for assessing development applications)
   202.    Amendment of s 966B (Applications in relation to interfering with overland flow water in wild river floodplain management area)
   203.    Insertion of new s 1013E
           204. Amendment of s 1162 (Grid customers)
   205.    Insertion of new ch 9, pt 5, div 16
   206.    Amendment of sch 4 (Dictionary)
           Part 15--Amendment of Water Supply (Safety and Reliability) Act 2008
   207.    Act amended
   208.    Amendment of s 20 (Who must apply for registration as a service provider)
   209.    Amendment of s 114 (Application of div 5)
   210.    Replacement of s 198 (Sections 198-199 not used)
   211.    Amendment of s 200 (Purpose of recycled water management plan)
   212.    Amendment of s 201 (Preparing particular plans)
   213.    Insertion of new s 201A
           214. Amendment of s 202 (Application for approval of recycled water management plan)
   215.    Amendment of s 205 (Consideration of application)
   216.    Amendment of s 206 (Notice of decision)
   217.    Amendment of s 207 (When regulator must not approve recycled water management plan)
   218.    Amendment of s 210 (Amendment of recycled water management plan for single-entity recycled water scheme—requirement of regulator)
   219.    Amendment of s 211 (Amendment of recycled water management plan for multiple-entity recycled water scheme—requirement of regulator)
   220.    Amendment of s 235 (Application of pt 4)
   221.    Amendment of ch 3, pt 7 hdg (Reporting requirements and annual reports)
   222.    Replacement of ch 3, pt 7, div 1 hdg (Reporting requirements)
   223.    Omission of s 274 (Sections 274-299 not used)
   224.    Insertion of new ch 3, pt 7, div 3
   225.    Amendment of s 301 (Making declaration)
   226.    Amendment of s 316 (Application of pt 9)
   227.    Omission of s 318 (Sections 318-329 not used)
   228.    Insertion of new ch 3, pt 9A
   229.    Amendment of s 410 (Power to enter land to monitor compliance)
   230.    Amendment of s 435 (Application of pt 5)
   231.    Amendment of s 441 (Definitions for div 3)
   232.    Amendment of s 571 (Regulator may make guidelines)
   233.    Amendment of s 579 (Regulator may share particular information)
   234.    Amendment of s 628 (Application of particular provision)
   235.    Amendment of s 633 (Application of particular provisions—other schemes)
   236.    Insertion of new ch 10, pt 4
   237.    Amendment of sch 3 (Dictionary)
           Part 16--Amendment of Wild Rivers Act 2005
   238.    Act amended
   239.    Amendment of s 3 (Purpose of Act)
   240.    Amendment of s 8 (Public notice of intention to declare wild river area)
   241.    Amendment of s 9 (Moratorium period)
   242.    Amendment of s 10 (Application of moratorium)
   243.    Amendment of s 12 (Content of declaration proposal)
   244.    Amendment of s 14 (Content of wild river declaration)
   245.    Amendment of s 17 (Effect of declaration on activities and taking natural resources)
   246.    Amendment of s 18 (Applications received but not decided)
   247.    Amendment of s 19 (Amending a wild river declaration)
   248.    Amendment of s 20 (Public notice of intention to amend wild river declaration)
   249.    Amendment of s 21 (Moratorium period)
   250.    Amendment of s 22 (Application of moratorium)
   251.    Amendment of s 31 (Minor amendments of wild river declaration)
   252.    Amendment of s 39 (Copies of documents to be available for public inspection)
   253.    Amendment of s 40 (Report by Minister on wild river declarations)
   254.    Amendment of s 41 (Classification of wild river area into high preservation area and preservation area)
   255.    Insertion of new s 41A
           256. Amendment of s 42 (Effect of classification on particular development applications)
   257.    Amendment of schedule (Dictionary)
           Part 17--Consequential amendments
   258.    Acts and regulations amended in sch 2
           SCHEDULE 1 -- OTHER AMENDMENTS OF ENERGY OMBUDSMAN ACT 2006
           SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS
           
           


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