Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


WATER AMENDMENT BILL 2006

          Queensland



Water Amendment Bill 2006

 


 

 

Queensland Water Amendment Bill 2006 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 25M (Appointment of person to carry out measures or achieve outcomes) . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 25S (When compensation is not payable). . . . . 6 5 Amendment of s 99 (Matters the chief executive must consider when preparing draft resource operations plan). . . . . . . . . . . . . . 6 6 Amendment of s 105 (Amending resource operations plan) . . . . 6 7 Amendment of s 110 (Conditions of resource operations licence or distribution operations licence) . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 178 (Conditions of interim resource operations licence) .............................. 7 9 Insertion of new ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Chapter 2A Water supply and demand management Part 1 Preliminary 340 Main purpose of ch 2A and its achievement . . . . . . . 8 341 What is the SEQ region . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Queensland Water Commission Division 1 Establishment 342 Establishment of commission . . . . . . . . . . . . . . . . . . . 9 343 Commission represents the State . . . . . . . . . . . . . . . 10 344 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . 10 Division 2 Functions and powers 345 Main functions of commission . . . . . . . . . . . . . . . . . . 10 346 Principles for performing functions . . . . . . . . . . . . . . . 11 347 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 3 Commissioners 348 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

2 Water Amendment Bill 2006 349 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . 12 350 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . 13 351 Terms and conditions of appointment. . . . . . . . . . . . . 13 352 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 353 Termination of appointment . . . . . . . . . . . . . . . . . . . . 13 354 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4 Meetings and other business of commission 355 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 15 356 Times and places of meetings . . . . . . . . . . . . . . . . . . 15 357 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 358 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 15 359 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 16 360 Decisions outside meetings . . . . . . . . . . . . . . . . . . . . 16 360A Minutes and record of decisions. . . . . . . . . . . . . . . . . 16 Division 5 Staff and other assistance to commission 360B Commission's staff . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 360C Advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 6 Standing and other references 360D Standing references . . . . . . . . . . . . . . . . . . . . . . . . . . 17 360E Other references. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 7 Funding for commission's functions 360F Annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 3 Water security planning Division 1 Preliminary 360G Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2 Regional water security options 360H Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 360I Advice to Minister on options . . . . . . . . . . . . . . . . . . . 19 360J Content of options . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 360K Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3 Regional water security program 360M Ministerial response to commission's advice . . . . . . . 20 360N Effect of program for Integrated Planning Act 1997 . . 20 Part 4 Facilitation of regional water security programs 360O Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 360P Status of works for State Development and Public Works Organisation Act 1971. . . . . . . . . . . . . . . . . . . 21

 


 

3 Water Amendment Bill 2006 360Q Designation of preferred entity for works . . . . . . . . . . 21 Part 5 Implementation of and compliance with regional water security programs Division 1 Program implementation 360R Commission's role . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 360S Review and compliance reports . . . . . . . . . . . . . . . . . 22 360T Information may be required from water service providers ............................. 23 Division 2 System operating plans Subdivision 1 Making system operating plans 360U Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 23 360V Commission to make system operating plan for region .............................. 23 360W Content of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 360X Consultation for plan. . . . . . . . . . . . . . . . . . . . . . . . . . 24 360Y Publication and taking effect of plan. . . . . . . . . . . . . . 24 Subdivision 2 Amendment of system operating plans 360Z Amendment of plan . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Subdivision 3 Compliance with system operating plans 360ZA Water service providers must comply with system operating plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 360ZB Publication requirements . . . . . . . . . . . . . . . . . . . . . . 26 360ZC Derivative use immunity for compliance with publication requirement . . . . . . . . . . . . . . . . . . . . . . . 26 Part 6 Restriction of water supply by commission 360ZD Restricting water supply . . . . . . . . . . . . . . . . . . . . . . . 27 360ZE Notice of commission water restriction must be given 28 360ZF Relationship with service provider water restrictions . 28 360ZG Delegation of particular functions for commission water restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 Amendment of s 388 (Restricting water supply). . . . . . . . . . . . . . 29 11 Amendment of s 389 (Notice of water restriction must be given) . 29 12 Amendment of s 408 (Preparing strategic asset management plan) ........................................ 30 13 Amendment of s 414 (Complying with approved strategic asset management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14 Replacement of s 414N (Application of div 1B) . . . . . . . . . . . . . . 30 Subdivision 1 Service provider plans 414N Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 30

 


 

4 Water Amendment Bill 2006 15 Amendment of s 417 (Providing regular audit reports). . . . . . . . . 30 16 Amendment of s 419 (Spot audits of plans) . . . . . . . . . . . . . . . . . 31 17 Insertion of new ch 3, pt 3, div 1B, sdiv 2 and sdiv 3, hdg . . . . . . 31 Subdivision 2 System operating plans 420A Spot audit by commission . . . . . . . . . . . . . . . . . . . . . 31 420B Requirement to comply with plan and provision for cost of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 18 Amendment of s 430 (Service provider to report annually) . . . . . 32 19 Amendment of s 457 (Restricting domestic water supply in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 20 Amendment of s 932 (Proceedings for offences) . . . . . . . . . . . . . 33 21 Insertion of new ch 9, pt 5, div 6. . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 6 Transitional provisions for Water Amendment Act 2006 1140 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1141 Existing regional water supply strategies . . . . . . . . . . 33 1142 Provision for particular existing licences. . . . . . . . . . . 34 1143 Existing development approvals . . . . . . . . . . . . . . . . . 35 22 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 35

 


 

2006 A Bill for an Act to amend the Water Act 2000

 


 

s1 6 s6 Water Amendment Bill 2006 The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Water Amendment Act 2006. 3 Clause 2 Act amended 4 This Act amends the Water Act 2000. 5 Clause 3 Amendment of s 25M (Appointment of person to carry out 6 measures or achieve outcomes) 7 Section 25M(5), `water restrictions'-- 8 omit, insert-- 9 `service provider water restrictions'. 10 Clause 4 Amendment of s 25S (When compensation is not 11 payable) 12 Section 25S(1)(a), `water restriction'-- 13 omit, insert-- 14 `service provider water restriction'. 15 Clause 5 Amendment of s 99 (Matters the chief executive must 16 consider when preparing draft resource operations plan) 17 Section 99-- 18 insert-- 19 `(ba) any system operating plan applying to the proposed plan 20 area, or a part of the proposed plan area;'. 21 Clause 6 Amendment of s 105 (Amending resource operations 22 plan) 23 Section 105(4)-- 24

 


 

s7 7 s9 Water Amendment Bill 2006 insert-- 1 `(d) improve the relationship between the resource 2 operations plan and any system operating plan applying 3 to the plan area, or a part of the plan area.'. 4 Clause 7 Amendment of s 110 (Conditions of resource operations 5 licence or distribution operations licence) 6 Section 110(1), `holder.'-- 7 omit, insert-- 8 `holder and with section 360ZA.1'. 9 Clause 8 Amendment of s 178 (Conditions of interim resource 10 operations licence) 11 Section 178-- 12 insert-- 13 `(2) Also, it is a condition of an interim resource operations 14 licence that the licence holder must comply with section 15 360ZA.2'. 16 Clause 9 Insertion of new ch 2A 17 After section 339-- 18 insert-- 19 1 Section 360ZA (Water service providers must comply with system operating plan) 2 Section 360ZA (Water service providers must comply with system operating plan)

 


 

s9 8 s9 Water Amendment Bill 2006 `Chapter 2A Water supply and demand 1 management 2 `Part 1 Preliminary 3 `340 Main purpose of ch 2A and its achievement 4 `(1) The main purpose of this chapter is to ensure the delivery of 5 sustainable and secure water supply and demand management 6 for the SEQ region and designated regions. 7 `(2) The purpose is achieved primarily by-- 8 (a) making and implementing regional water security 9 programs for the regions; and 10 (b) establishing a commission to-- 11 (i) advise the Minister on-- 12 (A) matters relating to water supply and demand 13 management; and 14 (B) the delivery of desired levels of service 15 objectives for water supplied to the SEQ 16 region and designated regions; and 17 (ii) facilitate and implement the programs; and 18 (iii) ensure compliance with the programs; and 19 (iv) in appropriate cases, impose restrictions on water 20 supply; and 21 (v) monitor and enforce compliance with the 22 restrictions. 23 `341 What is the SEQ region 24 `(1) The SEQ region is-- 25 (a) the local government areas of the following local 26 governments-- 27 · Beaudesert Shire Council; 28 · Boonah Shire Council; 29

 


 

s9 9 s9 Water Amendment Bill 2006 · Brisbane City Council; 1 · Caboolture Shire Council; 2 · Caloundra City Council; 3 · Esk Shire Council; 4 · Gatton Shire Council; 5 · Gold Coast City Council; 6 · Ipswich City Council; 7 · Kilcoy Shire Council; 8 · Laidley Shire Council; 9 · Logan City Council; 10 · Maroochy Shire Council; 11 · Noosa Shire Council; 12 · Pine Rivers Shire Council; 13 · Redcliffe City Council; 14 · Redland Shire Council; and 15 (b) any local government area, or part of a local government 16 area, adjacent to a local government area mentioned in 17 paragraph (a) and designated by gazette notice. 18 `(2) The SEQ region also includes Queensland waters adjacent to 19 any of the local government areas mentioned in subsection 20 (1). 21 `Part 2 Queensland Water Commission 22 `Division 1 Establishment 23 `342 Establishment of commission 24 `The Queensland Water Commission is established. 25

 


 

s9 10 s9 Water Amendment Bill 2006 `343 Commission represents the State 1 `(1) The commission represents the State. 2 `(2) Without limiting subsection (1), the commission has the 3 status, privileges and immunities of the State. 4 `344 Application of other Acts 5 `(1) The commission is-- 6 (a) a unit of public administration; and 7 (b) a statutory body under the Financial Administration and 8 Audit Act 1977; and 9 (c) a statutory body under the Statutory Bodies Financial 10 Arrangements Act 1982. 11 `(2) The Statutory Bodies Financial Arrangements Act 1982, part 12 2B, sets out the way in which the commission's powers under 13 this Act are affected by the Statutory Bodies Financial 14 Arrangements Act 1982. 15 `Division 2 Functions and powers 16 `345 Main functions of commission 17 `The commission's main functions are to do the following for 18 the SEQ region and designated regions-- 19 (a) advise the Minister on-- 20 (i) matters relating to water supply and demand 21 management for water; and 22 (ii) the delivery of desired levels of service objectives 23 for water supplied to the SEQ region and 24 designated regions; 25 (b) facilitate and implement regional water security 26 programs; 27 (c) ensure compliance with the programs and with 28 commission water restrictions. 29

 


 

s9 11 s9 Water Amendment Bill 2006 `346 Principles for performing functions 1 `(1) This section states the principles under which the commission 2 is to perform its functions for the SEQ region or a designated 3 region. 4 `(2) The general principle is that water in the region is to be 5 managed on a sustainable and integrated basis to provide 6 secure and reliable supplies of water of acceptable quality for 7 all uses. 8 `(3) The specific principles are-- 9 (a) for water sharing--the principle that water is a scarce 10 resource that is to be shared across the region; and 11 (b) for water sources--the principle that the health of water 12 catchments and their ecosystems should be considered 13 to ensure the protection of water quality; and 14 (c) for water supply operations--the principle that water 15 supply arrangements should maximise efficient and 16 cost-effective service delivery and the efficient use of 17 water as defined under section 10(3), including, for 18 example, appropriate connectivity between supply 19 sources; and 20 (d) for cost sharing and pricing, the principles that-- 21 (i) the cost of water sources should be shared among 22 users who benefit from them; and 23 (ii) pricing should be consistent with commitments of 24 the State under intergovernmental agreements to 25 which it is a party; and 26 (e) for planning--the principle that water supply 27 assessments should apply the principles of `least cost 28 planning' to ensure proper economic comparison of all 29 supply-side and demand-side options; and 30 (f) for commission water restrictions--the principle that 31 they should reflect existing available water, projected 32 demand and climatic outlook. 33

 


 

s9 12 s9 Water Amendment Bill 2006 `(4) Subsection (3)(f) is in addition to, and does not limit, section 1 360ZD(1).3 2 `347 General powers 3 `The commission has the powers necessary or convenient to 4 perform its functions or to help to achieve the purposes of this 5 chapter, including, for example, the power to enter into 6 contracts or appoint agents. 7 `Division 3 Commissioners 8 `348 Appointment 9 `(1) The commission consists of the chairperson and at least 2 10 other commissioners. 11 `(2) The commissioners are to be appointed by the Governor in 12 Council. 13 `(3) The commissioners may be appointed as full-time or part-time 14 commissioners. 15 `349 Eligibility for appointment 16 `A person is eligible for appointment as a commissioner only 17 if the person-- 18 (a) has a high level of knowledge and understanding of all 19 or any of the following-- 20 (i) sustainable water supply and demand management 21 for water; 22 (ii) natural resource management; 23 (iii) the water industry; 24 (iv) the interests of customers of water service 25 providers; 26 (v) economics, finance or business; and 27 3 Section 360ZD (Restricting water supply)

 


 

s9 13 s9 Water Amendment Bill 2006 (b) is not-- 1 (i) under the Corporations Act, a related entity of a 2 water service provider; or 3 (ii) an employee of a water service provider; or 4 (iii) a member of Parliament; or 5 (iv) a councillor of a local government. 6 `350 Duration of appointment 7 `(1) Subject to sections 352 and 353, a commissioner holds office 8 for the term stated in the commissioner's instrument of 9 appointment. 10 `(2) The term stated in the instrument of appointment must not be 11 longer than 3 years. 12 `(3) However, a person appointed as a commissioner is eligible for 13 reappointment. 14 `351 Terms and conditions of appointment 15 `(1) A commissioner is to be paid the remuneration and 16 allowances decided by the Governor in Council. 17 `(2) A commissioner holds office on the terms and conditions, not 18 provided for by this Act, that are decided by the Governor in 19 Council. 20 `352 Resignation 21 `A commissioner may resign by signed notice given to the 22 Minister. 23 `353 Termination of appointment 24 `(1) The Governor in Council may end a commissioner's 25 appointment if the commissioner-- 26 (a) is convicted of an indictable offence, whether in 27 Queensland or elsewhere; or 28

 


 

s9 14 s9 Water Amendment Bill 2006 (b) is or becomes an insolvent under administration under 1 the Corporations Act, section 9; or 2 (c) does not, without reasonable excuse, comply with 3 section 354. 4 `(2) Also, if a commissioner is appointed as a full-time 5 commissioner, the Governor in Council may end the 6 commissioner's appointment if the commissioner-- 7 (a) is absent from duty or from the State, without the 8 Minister's leave and without reasonable excuse, for 14 9 consecutive days or 28 days in a year; or 10 (b) engages in paid employment outside the duties of office 11 without the Minister's approval. 12 `(3) In this section-- 13 convicted, of an indictable offence, means a conviction for an 14 indictable offence other than a spent conviction, including a 15 finding of guilt or the acceptance of a plea of guilty by a court, 16 whether or not a conviction is recorded. 17 spent conviction means a conviction-- 18 (a) for which the rehabilitation period under the Criminal 19 Law (Rehabilitation of Offenders) Act 1986 has expired 20 under that Act; and 21 (b) that is not revived as prescribed by section 11 of that 22 Act. 23 `354 Disclosure of interests 24 `(1) This section applies if-- 25 (a) a commissioner has a direct or indirect pecuniary 26 interest in a matter being considered, or about to be 27 considered, by the commission; and 28 (b) the interest could conflict with the proper performance 29 of the commissioner's functions for a matter. 30 `(2) The commissioner must, as soon as practicable, disclose the 31 interest to-- 32 (a) for the chairperson--all the other commissioners; or 33

 


 

s9 15 s9 Water Amendment Bill 2006 (b) for another commissioner--the chairperson. 1 `(3) If a commissioner has disclosed an interest relating to a 2 matter, the commissioner must not participate in the 3 commission's consideration of the matter. 4 `Division 4 Meetings and other business of 5 commission 6 `355 Conduct of business 7 `Subject to this division, the commission may conduct its 8 business, including its meetings, in the way it considers 9 appropriate. 10 `356 Times and places of meetings 11 `(1) Commission meetings are to be held at the times and places 12 the chairperson decides. 13 `(2) However, the chairperson must call a meeting if asked, in 14 writing, to do so by at least 2 commissioners. 15 `(3) Also, the chairperson must call a meeting at least once in each 16 quarter. 17 `357 Quorum 18 `A quorum for a commission meeting is more than half of the 19 number of commissioners. 20 `358 Presiding at meetings 21 `(1) The chairperson is to preside at all commission meetings at 22 which the chairperson is present. 23 `(2) Otherwise, the commissioner chosen by the commissioners 24 present is to preside. 25

 


 

s9 16 s9 Water Amendment Bill 2006 `359 Conduct of meetings 1 `(1) The commission may hold meetings, or allow commissioners 2 to take part in its meetings, by using any technology allowing 3 reasonably contemporaneous and continuous communication 4 between persons taking part in the meeting. 5 `(2) A person who takes part in a commission meeting under 6 subsection (1) is taken to be present at the meeting. 7 `(3) A decision at a commission meeting must be a majority 8 decision of the commissioners present. 9 `360 Decisions outside meetings 10 `A decision of the commission, other than a decision at a 11 commission meeting, may be made only with the written 12 agreement of a majority of the number of commissioners. 13 `360A Minutes and record of decisions 14 `The commission must keep-- 15 (a) minutes of its meetings; and 16 (b) a record of any decisions under section 360. 17 `Division 5 Staff and other assistance to 18 commission 19 `360B Commission's staff 20 `(1) The commission may employ the staff it considers appropriate 21 to perform its functions, including, for example, a chief 22 executive officer. 23 `(2) The commission's staff are to be employed under the Public 24 Service Act 1996. 25 `(3) The commissioner may arrange with the chief executive of a 26 department, or with another unit of public administration, for 27 the services of officers or employees of the department or 28 other unit to be made available to the commission. 29

 


 

s9 17 s9 Water Amendment Bill 2006 `360C Advisory bodies 1 `The commission may establish advisory bodies it considers 2 appropriate to give the commission advice on the performance 3 of its functions. 4 `Division 6 Standing and other references 5 `360D Standing references 6 `(1) The Minister may, by gazette notice-- 7 (a) designate regions for which the commission is to 8 perform its functions; and 9 (b) if the commission has already given regional water 10 security options for the SEQ region or a designated 11 region--require the commission to update or revise the 12 options, having regard to the implementation of the 13 relevant regional water security program. 14 `(2) The Minister may, in the gazette notice, also identify the 15 period within which the commission must give regional water 16 security options, or updated or revised options, for the region. 17 `(3) In deciding what are regions for subsection (1), the Minister 18 must have regard to the geography, society and economy of 19 proposed regions and water users and potential waters users 20 within them. 21 `360E Other references 22 `The Minister may give the commission written directions to 23 advise the Minister on any matter relating to-- 24 (a) water supply and demand management in the SEQ 25 region or a designated region; or 26 (b) water supply and demand management generally. 27

 


 

s9 18 s9 Water Amendment Bill 2006 `Division 7 Funding for commission's functions 1 `360F Annual levy 2 `(1) The commission and the performance of the commission's 3 functions is funded by an annual levy payable by each water 4 service provider. 5 `(2) The levy is to be in the amount and paid at the time and in the 6 way prescribed under a regulation. 7 `(3) If a water service provider does not pay the levy as required 8 under a regulation made under subsection (2), the State may 9 recover from the provider the amount of the levy as a debt. 10 `Part 3 Water security planning 11 `Division 1 Preliminary 12 `360G Purpose of pt 3 13 `The purpose of this part is to provide for the commission's 14 planning functions and its relationship with the Minister in 15 assessing and recommending options to achieve water 16 security in the SEQ region and designated regions. 17 `Division 2 Regional water security options 18 `360H Application of div 2 19 `(1) This division applies to the commission for the SEQ region 20 and designated regions. 21 `(2) This division also applies to the commission if the Minister 22 has, under section 360D(1)(b), required it to update or revise 23 its options for the SEQ region or a designated region. 24

 


 

s9 19 s9 Water Amendment Bill 2006 `(3) In this division a reference to the options includes a reference 1 to the updated or revised options. 2 `360I Advice to Minister on options 3 `(1) The commission must-- 4 (a) make and give the Minister advice about its regional 5 water security options for the region; or 6 (b) if the Minister asks--advice about revised options for 7 the region. 8 `(2) The advice must be given within any period required under 9 section 360D(2).4 10 `360J Content of options 11 `(1) The options must address each of the following issues and 12 may include alternatives for addressing the issues-- 13 (a) water service providers for water supply works in the 14 region who should have desired levels of service 15 objectives; 16 (b) what are desired levels of service objectives for each of 17 the water service providers mentioned in paragraph (a); 18 (c) demand management for water in the region; 19 (d) the extent to which implementation of the levels would 20 involve modifying existing water supply works or 21 building new water supply works; 22 (e) assessing the likely cost of the modifications or 23 building; 24 (f) the preferred ways of sharing the cost, taking into 25 account the extent to which end-users of water benefit 26 from the modifications or building. 27 `(2) Subsection (1) does not limit what may be included in the 28 options. 29 4 Section 360D (Standing references)

 


 

s9 20 s9 Water Amendment Bill 2006 `360K Consultation 1 `The commission may, before giving the Minister the options, 2 engage in any consultation the commission considers 3 appropriate. 4 `Division 3 Regional water security program 5 `360M Ministerial response to commission's advice 6 `(1) Within 4 months after receiving, under division 2, advice by 7 the commission for the SEQ region or a designated region, the 8 Minister must make and publish-- 9 (a) a report outlining the Minister's response to the 10 commission's advice; and 11 (b) a regional water security program to achieve water 12 security for the region. 13 `(2) The program must make provision about the matters 14 mentioned in section 360J(1).5 15 `360N Effect of program for Integrated Planning Act 1997 16 `(1) This section applies if there is a regional water security 17 program for the SEQ region or designated region. 18 `(2) For the Integrated Planning Act 1997, the program is taken to 19 be an applicable code for development relating to water 20 supply works in the region. 21 `(3) For the Integrated Planning Act 1997, section 3.1.3(4),6 the 22 program is a code that can not be changed under a local 23 planning instrument or local law. 24 `(4) If there is any inconsistency between the program and any 25 other plan, policy or code under an Act, for the Integrated 26 Planning Act 1997, the program prevails to the extent of the 27 inconsistency. 28 5 Section 360J (Content of options) 6 Integrated Planning Act 1997, section 3.1.3 (Code and impact assessment for assessable development)

 


 

s9 21 s9 Water Amendment Bill 2006 `(5) It is taken to be a condition (the imposed condition) of any 1 development approval for water supply works in the region 2 that the carrying out of development under the approval must 3 comply with the program. 4 `(6) If there is any inconsistency between the imposed condition 5 and any other condition of the development approval, the 6 imposed condition prevails to the extent of the inconsistency. 7 `Part 4 Facilitation of regional water 8 security programs 9 `360O Application of pt 4 10 `This part applies to water supply works or proposed water 11 supply works the subject of the regional water security 12 program for the SEQ region or a designated region. 13 `360P Status of works for State Development and Public 14 Works Organisation Act 1971 15 `For the State Development and Public Works Organisation 16 Act 1971, part 6, divisions 6 and 7, the works are taken to be 17 an infrastructure facility mentioned in section 125(1)(f) of that 18 Act.7 19 `360Q Designation of preferred entity for works 20 `(1) The Coordinator-General under the State Development and 21 Public Works Organisation Act 1971 may, by gazette notice, 22 designate an entity as the preferred entity to build or carry out 23 the works. 24 `(2) However, the designation may be made only if the entity has 25 agreed to the designation. 26 7 State Development and Public Works Organisation Act 1971, part 6, divisions 6 (Special powers incidental to planned development) and 7 (Investigating potential infrastructure facility) and section 125 (Power of Coordinator-General to take land)

 


 

s9 22 s9 Water Amendment Bill 2006 `(3) From the making of the designation-- 1 (a) the preferred entity is taken to be a water service 2 provider for the works; and 3 (b) the works are taken to be works under the State 4 Development and Public Works Organisation Act 1971. 5 `Part 5 Implementation of and 6 compliance with regional water 7 security programs 8 `Division 1 Program implementation 9 `360R Commission's role 10 `Without limiting section 345,8 the commission must ensure 11 the key actions and responsibilities of each of the following 12 under each regional water security program and system 13 operating plan are carried out or complied with-- 14 (a) the department; 15 (b) other units of public administration; 16 (c) water service providers. 17 `360S Review and compliance reports 18 `The commission must whenever it considers it appropriate-- 19 (a) review the implementation of each regional water 20 security program; and 21 (b) give the Minister a report about the implementation of 22 and the level of compliance with the system operating 23 plan for the program; and 24 (c) publish the report. 25 8 Section 345 (Main functions of commission)

 


 

s9 23 s9 Water Amendment Bill 2006 `360T Information may be required from water service 1 providers 2 `(1) The commission may give a water service provider a notice 3 requiring information the commission reasonably requires to 4 enable the commission to perform its functions under this 5 chapter. 6 `(2) The notice must state the reasonable time in which the 7 information must be given to the commission. 8 `(3) The water service provider must comply with the notice, 9 unless the provider has a reasonable excuse. 10 Maximum penalty--200 penalty units. 11 `(4) However, if the water service provider is an individual, this 12 section does not require the individual to give information if 13 giving the information might tend to incriminate the 14 individual. 15 `Division 2 System operating plans 16 `Subdivision 1 Making system operating plans 17 `360U Application of sdiv 1 18 `This subdivision applies if there is a regional water security 19 program for the SEQ region or a designated region. 20 `360V Commission to make system operating plan for 21 region 22 `The commission must make a system operating plan for 23 existing water supply works the subject of the program and 24 other measures provided for under the program. 25 `360W Content of plan 26 `(1) The system operating plan must-- 27 (a) give effect to the program in relation to the existing or 28 proposed water supply works the subject of the program 29

 


 

s9 24 s9 Water Amendment Bill 2006 and the other measures provided for under the program; 1 and 2 (b) state each of the following-- 3 (i) the plan area for the plan; 4 (ii) the water supply works in the plan area; 5 (iii) the water service providers for the water supply 6 works; 7 (iv) the share of water available under the plan to each 8 of the water service providers; 9 (v) the desired levels of service objectives and other 10 obligations, requirements and other regulatory 11 provisions imposed on the water service providers 12 under the plan. 13 `(2) However, the plan must be consistent with any water resource 14 plan applying to the plan area for the system operating plan. 15 `(3) Subsection (1) does not limit what may be included in the 16 system operating plan. 17 `360X Consultation for plan 18 `(1) Before making the system operating plan the commission 19 must make reasonable endeavours to consult with each 20 proposed water service provider for the plan area. 21 `(2) A failure to comply with subsection (1) does not invalidate or 22 otherwise affect the plan. 23 `360Y Publication and taking effect of plan 24 `(1) As soon as practicable after making the system operating plan 25 the commission must publish the plan and give a copy to each 26 water service provider for water supply works in the plan area. 27 `(2) The plan does not have effect until it is published. 28 `(3) Despite subsection (1), the commission may decide not to 29 publish or allow inspection of any part of the plan that the 30 commission is reasonably satisfied contains sensitive security 31 information. 32

 


 

s9 25 s9 Water Amendment Bill 2006 `Subdivision 2 Amendment of system operating 1 plans 2 `360Z Amendment of plan 3 `(1) The commission must amend a system operating plan if-- 4 (a) a water resource plan is made or amended and the water 5 resource plan applies to the plan area for the system 6 operation plan; or 7 (b) under section 360Q,9 a preferred entity is designated for 8 proposed water supply works in the plan area; or 9 (c) water supply works in the plan area not the subject of 10 the existing system operating plan are commissioned. 11 `(2) For subsection (1)(c), works are commissioned when, under 12 the relevant contract to build the works, they reach a stage 13 under which the building of the works is, in a practical sense, 14 complete. 15 `(3) If subsection (1)(a) applies, the system operating plan must be 16 amended so that it is consistent with the water resource plan. 17 `(4) If subsection (1)(b) or (c) applies, the system operating plan 18 must be amended so that the plan complies with section 19 360W10 in relation to the works. 20 `(5) The commission may amend the plan to provide for proposed 21 water supply works in the plan area for the plan. 22 `(6) Subdivision 2 applies, with necessary changes, for an 23 amendment under this section as if a reference in the sections 24 to the plan were a reference to the amendment. 25 9 Section 360Q (Designation of preferred entity for works) 10 Section 360W (Content of plan)

 


 

s9 26 s9 Water Amendment Bill 2006 `Subdivision 3 Compliance with system operating 1 plans 2 `360ZA Water service providers must comply with system 3 operating plan 4 `Each water service provider for water supply works in the 5 plan area for a system operating plan must ensure the plan is 6 complied with to the extent it applies to the provider. 7 Maximum penalty--1665 penalty units. 8 `360ZB Publication requirements 9 `(1) This section applies to a water service provider for water 10 supply works in the plan area for a system operating plan. 11 `(2) The commission may, by notice (the commission's notice), 12 require the water service provider to publish a notice (the 13 provider's notice) about the extent to which the provider has, 14 during a stated period, complied with the plan in relation to-- 15 (a) all matters under the plan; or 16 (b) if the commission's notice states a particular matter 17 under the plan--that matter. 18 `(3) The commission's notice must state a reasonable period for 19 the water service provider to publish the provider's notice. 20 `(4) The water service provider must comply with the requirement. 21 Maximum penalty--1665 penalty units. 22 `(5) In this section-- 23 publish means publish in a newspaper circulating generally in 24 the plan area. 25 `360ZC Derivative use immunity for compliance with 26 publication requirement 27 `(1) It is not a defence to a proceeding for an offence against 28 section 360ZB that complying with the requirement might 29 tend to incriminate the water service provider. 30 `(2) However, if the water service provider is an individual 31

 


 

s9 27 s9 Water Amendment Bill 2006 evidence of, or directly or indirectly derived from complying 1 with the requirement or information it contains that might 2 tend to incriminate the individual is not admissible in 3 evidence against the individual in a civil or criminal 4 proceeding, other than for an offence for which the falsity or 5 misleading nature of the information is relevant. 6 `Part 6 Restriction of water supply by 7 commission 8 `360ZD Restricting water supply 9 `(1) If the commission considers it necessary, because of climatic 10 conditions or water conservation needs, it may impose a 11 written restriction (a commission water restriction) restricting 12 all or any of the following in the SEQ region or a designated 13 region-- 14 (a) the volume of water taken by or supplied to a customer 15 or type of customer of a service provider; 16 (b) the hours when water may be used on premises for 17 stated purposes; 18 (c) the way water may be used on premises. 19 `(2) However, the restriction may be imposed only if-- 20 (a) there is an urgent need for it; or 21 (b) the available water supply has fallen to a level at which 22 unrestricted use of the water is not in the public interest; 23 or 24 (c) the restriction is essential to ensure the aims of a 25 relevant regional water security program or system 26 operating plan are met; or 27 (d) the Minister has published a notice under section 22 or 28 if a regulation has been made under section 23. 29

 


 

s9 28 s9 Water Amendment Bill 2006 `(3) Also, the commission may apply the restriction to water taken 1 from a rainwater tank connected to a service provider's 2 reticulated supply. 3 `(4) Also, the restriction may be made even if a service provider 4 water restriction applies to a matter the subject of the 5 restriction. 6 `360ZE Notice of commission water restriction must be given 7 `(1) The commission must give notice of a commission water 8 restriction to anyone affected by it in the way the commission 9 considers appropriate having regard to the circumstances in 10 which the restriction is imposed. 11 `(2) If, because of section 360ZF(2), a service provider water 12 restriction will not apply while the commission water 13 restriction continues in force, the notice must state that while 14 the commission water restriction continues in force the 15 service provider water restriction does not apply to the matter. 16 `(3) The commission water restriction does not have effect until 17 the day after the notice is given. 18 `(4) A person must not contravene a commission water restriction. 19 Maximum penalty for subsection (4)--200 penalty units. 20 `360ZF Relationship with service provider water restrictions 21 `(1) The making of a commission water restriction does not of 22 itself invalidate a service provider water restriction that 23 applies to a matter the subject of the commission water 24 restriction. 25 `(2) However, if the commission water restriction states that while 26 it continues in force it is to be the only restriction for the 27 matter, while the commission water restriction continues in 28 force, the service provider water restriction does not apply to 29 the matter. 30

 


 

s 10 29 s 11 Water Amendment Bill 2006 `360ZG Delegation of particular functions for commission 1 water restrictions 2 `(1) The commission may delegate to a relevant water service 3 provider its functions of-- 4 (a) giving notices under section 360ZE about commission 5 water restrictions; or 6 (b) monitoring and enforcing compliance with commission 7 water restrictions. 8 `(2) A water service provider to whom a function is delegated 9 under subsection (1) must make all reasonable efforts to 10 ensure the function is performed. 11 Maximum penalty--1665 penalty units. 12 `(3) In this section-- 13 functions includes powers. 14 relevant service provider, for commission water restrictions, 15 means a water service provider for water supply works for the 16 supply of the water the subject of the restrictions.'. 17 Clause 10 Amendment of s 388 (Restricting water supply) 18 (1) Section 388(2), `a water restriction'-- 19 omit, insert-- 20 `a service provider water restriction'. 21 (2) Section 388(2)(a) `water restriction'-- 22 omit, insert-- 23 `service provider water restriction'. 24 Clause 11 Amendment of s 389 (Notice of water restriction must be 25 given) 26 (1) Section 389, `water restriction'-- 27 omit, insert-- 28 `service provider water restriction'. 29 (2) Section 389, `water restrictions'-- 30

 


 

s 12 30 s 15 Water Amendment Bill 2006 omit, insert-- 1 `service provider water restrictions'. 2 Clause 12 Amendment of s 408 (Preparing strategic asset 3 management plan) 4 Section 408(4)-- 5 insert-- 6 `(ca) demonstrate how the service provider will comply with 7 any system operating plan applying to the service 8 provider; and'. 9 Clause 13 Amendment of s 414 (Complying with approved strategic 10 asset management plan) 11 Section 414, penalty-- 12 omit, insert-- 13 `Maximum penalty--1665 penalty units'. 14 Clause 14 Replacement of s 414N (Application of div 1B) 15 Section 414N-- 16 omit, insert-- 17 `Subdivision 1 Service provider plans 18 `414N Application of sdiv 1 19 `This subdivision applies to strategic asset management plans, 20 system leakage management plans and drought management 21 plans'. 22 Clause 15 Amendment of s 417 (Providing regular audit reports) 23 Section 417(3)(a), `(the auditor)'-- 24 omit. 25

 


 

s 16 31 s 17 Water Amendment Bill 2006 Clause 16 Amendment of s 419 (Spot audits of plans) 1 Section 419(3), `(the auditor)'-- 2 omit. 3 Clause 17 Insertion of new ch 3, pt 3, div 1B, sdiv 2 and sdiv 3, hdg 4 After section 420-- 5 insert-- 6 `Subdivision 2 System operating plans 7 `420A Spot audit by commission 8 `(1) This section applies if the commission is satisfied or 9 reasonably believes a water service provider to whom a 10 system operating plan applies has not complied with the plan 11 to the extent it applies to the provider. 12 `(2) The commission may, after giving the water service provider 13 a show cause notice, arrange for a spot audit report to be 14 prepared about the provider's level of compliance with the 15 plan. 16 `(3) The spot audit report must be prepared by a person who is 17 appropriately qualified to carry out the audit. 18 `(4) The commission must give the water service provider a copy 19 of the report within 30 business days after the commission has 20 received it. 21 `(5) In this section-- 22 water service provider includes a person who operates water 23 supply works in the plan area for a system operating plan. 24 `420B Requirement to comply with plan and provision for 25 cost of report 26 `(1) This section applies if a spot audit report under section 420A 27 states a water service provider the subject of the report has not 28 complied with the plan to the extent it applies to the provider. 29 `(2) The commission must give the water service provider an 30 information notice requiring the provider, within the 31

 


 

s 18 32 s 19 Water Amendment Bill 2006 reasonable period stated in the notice, to remedy the 1 noncompliance. 2 `(3) The water service provider must comply with the 3 requirement, unless the provider has a reasonable excuse. 4 Maximum penalty--500 penalty units. 5 `(4) The commission may recover from the service provider as a 6 debt an amount equal to the cost of preparing the report. 7 `Subdivision 3 Miscellaneous provision'. 8 Clause 18 Amendment of s 430 (Service provider to report annually) 9 (1) Section 430(1), after `approved'-- 10 insert-- 11 `or a system operating plan applying to the service provider 12 has been made'. 13 (2) Section 430(4)(a), after `subsection (1)'-- 14 insert-- 15 `to the extent the report relates to a strategic asset 16 management plan or system leakage management plan'. 17 (3) Section 430(4)-- 18 insert-- 19 `(ab) for a report mentioned in subsection (1) to the extent the 20 report relates to a system operating plan--measure the 21 service provider's performance with the desired levels 22 of service objectives and other obligations and 23 requirements that apply to the provider under the plan; 24 or'. 25 Clause 19 Amendment of s 457 (Restricting domestic water supply 26 in certain circumstances) 27 Section 457(1)(b)(i), `water restriction'-- 28 omit, insert-- 29 `service provider water restriction'. 30

 


 

s 20 33 s 21 Water Amendment Bill 2006 Clause 20 Amendment of s 932 (Proceedings for offences) 1 Section 932(1)-- 2 insert-- 3 `(c) section 360ZE(4)11--may be brought only by-- 4 (i) the commission; or 5 (ii) a service provider to whom the commission has 6 delegated the function of bringing the proceeding; 7 or 8 (d) chapter 2A (other than section 360ZE(4))--the 9 commission.'. 10 Clause 21 Insertion of new ch 9, pt 5, div 6 11 After section 1139-- 12 insert-- 13 `Division 6 Transitional provisions for Water 14 Amendment Act 2006 15 `1140 Definitions for div 6 16 In this division-- 17 amending Act means the Water Amendment Act 2006. 18 commencement means the date of assent of the amending 19 Act. 20 `1141 Existing regional water supply strategies 21 `(1) Despite not having been given advice by the commission 22 under section 360I(1),12 the Minister may make a report 23 mentioned in section 360M(1)(a)13 and a regional water 24 security program that adopts a relevant existing strategy. 25 11 Section 360ZE (Notice of commission water restriction must be given) 12 Section 360I (Advice to Minister on options) 13 Section 360M (Ministerial response to commission's advice)

 


 

s 21 34 s 21 Water Amendment Bill 2006 `(2) If the Minister adopts a relevant existing strategy as a regional 1 water security program the commission can not give regional 2 water security options for the region the subject of the 3 program, other than under a requirement under section 4 360D(1)(b).14 5 `(3) Subsection (4) applies for the SEQ region or a designated 6 region only if the Minister has not made a regional water 7 security program for the region that adopts a relevant existing 8 strategy. 9 `(4) In preparing regional water security options for the region, the 10 commission may have regard to and use all or part of a 11 relevant existing strategy. 12 `(5) In this section-- 13 relevant existing strategy means-- 14 (a) for the SEQ region--the series of documents prepared 15 before the commencement by the department and local 16 governments for the project called `South East 17 Queensland regional water supply strategy'; or 18 (b) for a designated region--any series of documents 19 (however called) prepared before the commencement by 20 the department and local governments about a regional 21 water supply strategy for the region. 22 `1142 Provision for particular existing licences 23 The amendments to sections 110 and 17815 made under the 24 amending Act apply for a licence mentioned in the sections 25 whether the licence was granted before or after the 26 commencement. 27 14 Section 360D (Standing references) 15 Sections 110 (Conditions of resource operations licence or distribution operations licence) and 178 (Conditions of interim resource operations licence)

 


 

s 22 35 s 22 Water Amendment Bill 2006 `1143 Existing development approvals 1 The condition under section 360N(5) does not apply to a 16 2 development approval granted before the commencement.'. 3 Clause 22 Amendment of sch 4 (Dictionary) 4 (1) Schedule 4, definitions water, water restriction and water 5 service provider-- 6 omit. 7 (2) Schedule 4-- 8 insert-- 9 `auditor, for an audit under chapter 3, part 3, division 1B, 10 means the person who, under the division, has prepared, or is 11 to prepare, an audit report for the audit. 12 chairperson means the commissioner holding an appointment 13 as chairperson under section 348. 14 commission means the Queensland Water Commission. 15 commission water restriction see section 360ZD(1). 16 commissioner means a member of the commission, including 17 the chairperson. 18 demand management, for water, includes-- 19 (a) reducing demand for water; and 20 (b) increasing the efficiency of water supply works; and 21 (c) increasing the efficiency of the use of water by 22 end-users; and 23 (d) substituting a process that does not use a water resource 24 for one that does use a water resource; 25 (e) substituting one water resource for another. 26 designated region means a region designated under section 27 360D. 28 16 Section 360N (Effect of program for Integrated Planning Act 1997)

 


 

s 22 36 s 22 Water Amendment Bill 2006 desired levels of service objectives, for water, includes the 1 maximum duration, frequency, and severity of water 2 restrictions that may be expected by end-users of the water. 3 regional water security program means a regional water 4 security program made under section 360M. 5 regional water security options means regional water security 6 options made under section 360I. 7 SEQ region see section 341. 8 service provider water restriction see section 388(2). 9 system operating plan means a system operating plan under 10 chapter 2A, part 5, division 2. 11 unit of public administration see the Crime and Misconduct 12 Act 2001, section 20. 13 water-- 14 1 Generally, water means all or any of the following-- 15 (a) water in a watercourse, lake or spring; 16 (b) underground water; 17 (c) overland flow water; 18 (d) water that has been collected in a dam. 19 2 In chapter 2A, water also includes recycled and 20 desalinated water, from any source. 21 water security includes the reliability of water supply. 22 water service provider-- 23 1 A water service provider is a person registered under 24 chapter 3, part 2 as a service provider for a water 25 service. 26 2 In chapter 2A the term also includes a person who 27 operates, or controls the operation of, water supply 28 works in the plan area for a system operating plan. 29 water supply works means water infrastructure or other works 30 for the supply of water or the storage, distribution or treatment 31 of water.'. 32 (2) Schedule 4, definition publish-- 33

 


 

s 22 37 s 22 Water Amendment Bill 2006 insert-- 1 `2A Publish, for a document made by an entity mentioned in 2 chapter 2A means-- 3 (a) publish a gazette notice about where the document 4 may be inspected, free of charge; and 5 (b) publish the document on the entity's website on the 6 internet, or, for the Minister, on the department's 7 website on the internet.'. 8 9 © State of Queensland 2006

 


 

AMENDMENTS TO BILL

1 Water Amendment Bill 2006 Water Amendment Bill 2006 Amendments agreed to during Consideration 1 Clause 9-- At page 11, lines 12 to 14-- omit, insert-- `(b) for water sources--the principle that water quality should be managed from its source to its end-users in a way that-- (i) ensures the health of catchments, aquifers and their ecosystems; and (ii) delivers water of a quality desired by the end-users at the lowest overall cost; and'. 2 Clause 9-- At page 11, line 20, after `sources'-- insert-- `, and in accordance with desired levels of service objectives for the water'. 3 Clause 9-- At page 11, lines 27 to 33-- omit, insert-- `(e) for planning--the principle that assessments of regional water supply should-- (i) consider environmental, social and economic factors; and (ii) include the application of `least cost planning' to ensure proper economic comparison of all supply-side and demand-side options; and

 


 

2 Water Amendment Bill 2006 (f) for commission water restrictions--the principle that they should-- (i) help the achievement of the region's objectives for long-term demand management for water; and (ii) enable the appropriate management of any significant threat to the region having a sustainable and secure water supply; and (g) for flood mitigation and dam safety--the principle that these issues should be considered in the preparation of assessments of regional water supply.'. 4 Clause 9-- At page 13, line 2, after `related entity of a'-- insert-- `body corporate that is a'. 5 Clause 9-- At page 16, line 26, `commissioner'-- omit, insert-- `chairperson'. 6 Clause 9-- At page 17, after line 21-- insert-- ` `(4) Before designating a region under subsection (1)(a), the Minister must consult with each local government whose area is wholly or partly in the region. `(5) The Minister may carry out the consultation in any way the Minister considers appropriate.'.

 


 

3 Water Amendment Bill 2006 7 Clause 9-- At page 18, line 4, `is'-- omit, insert-- `are to be'. 8 Clause 9-- At page 19, line 7, `advice'-- omit, insert-- `make and give advice'. 9 Clause 9-- At page 19, lines 23 and 24-- omit, insert-- `(e) assessing the likely costs and pricing implications of addressing the issues mentioned in paragraphs (c) and (d);'. 10 Clause 9-- At page 19, line 27, `modifications or building'-- omit, insert-- `demand management, and the modifications or building'. 11 Clause 9-- At page 20, lines 25 to 28-- omit, insert-- ` `(4) Subsections (4A) and (4B) apply for the Integrated Planning Act 1997 if there is any inconsistency between the program and a plan, policy or code under an Act. `(4A) If the plan is the SEQ regional plan under that Act, the plan prevails to the extent of the inconsistency. `(4B) Otherwise, the program prevails to the extent of the inconsistency.'.

 


 

4 Water Amendment Bill 2006 12 Clause 9-- At page 25, line 23, `Subdivision 2'-- omit, insert-- `Subdivision 1'. 13 Clause 9-- At page 27, lines 10 and 11, `climatic conditions or water conservation needs'-- omit, insert-- `a significant threat to sustainable and secure water supply'. 14 Clause 9-- At page 27, after line 19-- insert-- `Examples of things that may pose a significant threat to sustainable and secure water supply-- · climatic conditions · water conservation needs · water quality needs · a failure of water supply works to operate properly or at all'. 15 Clause 9-- At page 28, after line 16-- insert-- ` `(2A) Before it gives the notice the commission must consult with water service providers for water supply works in the region the subject of the commission water restriction. `(2B) However, subsection (2A) does not apply if the commission considers that there is an urgent need for the commission water restriction. `(2C) A failure to consult under subsection (2A) does not invalidate or otherwise affect the validity of the notice.'.

 


 

5 Water Amendment Bill 2006 16 Clause 21-- At page 33, line 25, after `adopts'-- insert-- `all or part of'. 17 Clause 21-- At page 34, line 1, after `adopts'-- insert-- `all or part of'. 18 Clause 21-- At page 34, line 8, after `adopts'-- insert-- `all or part of'. 19 Clause 21-- At page 34, after line 12-- insert-- ` `(4A) Subsections (4B) and (4C) apply if, because of subsection (2), no regional water security options have been given for the region. `(4B) The Minister may, by gazette notice, require the commission to give regional water options for the region for the purpose of updating or revising the region's regional water security program. `(4C) For chapter 2A, a requirement under subsection (4B) is taken to be a requirement under section 360D(1)(b).'. 20 Clause 21-- At page 34, line 16, `before the commencement'-- omit.

 


 

6 Water Amendment Bill 2006 21 Clause 21-- At page 34, line 18, after `strategy' '-- insert-- `, the preparation of which started before the commencement'. 22 Clause 21-- At page 34, line 20, `before the commencement'-- omit. 23 Clause 21-- At page 34, line 22, after `region'-- insert-- `, the preparation of which started before the commencement'.

 


[Index] [Search] [Download] [Related Items] [Help]