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Water Supply Services Legislation Amendment Bill 2014
Water Supply Services Legislation Amendment
Bill 2014
Explanatory Notes
FOR
Amendments To Be Moved During
Consideration In Detail By The Honourable
Mark McArdle MP
Title of the Bill
Water Supply Services Legislation Amendment Bill 2014
Objectives of the Amendments
The Water Supply Services Legislation Amendment Bill 2014 introduces a new streamlined
approval process for water and sewerage connections (the utility model) for the two South East
Queensland (SEQ) distributor-retailers Queensland Urban Utilities and Unitywater. The utility
model has been designed to replace the interim delegated assessment model that has been in
operation since 2010. The utility model provides for all elements of a water and sewerage
connection process and requires the distributor-retailers to develop a Water Netserv plan which
combines planning for growth and water and sewerage infrastructure planning.
Concurrent to the development of the utility model the Queensland Government has been
reviewing the infrastructure planning and charging framework under the Sustainable Planning
Act 2009 (SPA). Reforms to the infrastructure planning and charging framework of SPA are
planned to occur based on the review. Both the infrastructure framework reforms and the utility
model are expected to commence on the same date.
The utility model incorporates the current infrastructure charging and related conditioning
framework under SPA. As this framework is due to be reformed and the reforms are expected to
commence at the same time as the utility model it is appropriate that any changes to the
infrastructure charging framework are considered in a holistic manner.
The objective of the amendments is to remove the key infrastructure charging and conditioning
provisions for the utility model from the Bill so that the infrastructure reforms will be considered
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Water Supply Services Legislation Amendment Bill 2014
once by Government and will apply to both South East Queensland distributor-retailers and
councils as well as to the development industry.
Achievement of the Objectives
To achieve the objective outlined above amendments to the Water Supply Services Legislation
Amendment Bill 2014 have been made to remove or `turn off' key infrastructure charging and
related infrastructure conditioning provisions.
Legislative reforms to be undertaken by the Queensland Government on the infrastructure
charging framework will provide distributor-retailers with the new reformed charging and
conditioning framework under the South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009, before the commencement of the utility model.
Alternative Ways of Achieving Policy Objectives
There are no alternative ways of achieving the amendment objectives for the Water Supply
Services Legislation Amendment Bill 2014.
Estimated Cost for Government Implementation
The State Government will not incur any additional costs in the implementation and support of
the amendments to the Water Supply Services Legislation Amendment Bill 2014.
Consistency with Fundamental Legislative Principles
The amendments to the Water Supply Services Legislation Amendment Bill 2014 are consistent
with Fundamental Legislative Principles.
Consultation
Consultation of the proposed amendments has been undertaken with Queensland Government
departments including: the Departments of the Premier and Cabinet and State Development,
Infrastructure and Planning, and with the Office of the Queensland Parliamentary Counsel.
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Water Supply Services Legislation Amendment Bill 2014
NOTES ON PROVISIONS
Amendment 1 - Clause 18 (Insertion of new ss 99BOA-99BOB)
Amendment 1 removes from 99BOB references to adopted infrastructure charges.
Amendment 2 - Clause 21 (Insertion of new ch4C)
Amendment 2 removes a reference from section 99BRAG to Part 7 Water Infrastructure.
Part 7 contains the majority of the infrastructure charging and conditioning provisions
and it is to be entirely removed.
Amendment 3 - Clause 21 (Insertion of new ch 4C)
Amendment 3 removes s99BRAJ subsections (2)(e) and (i) and (3) and (4). Subsection
(2)(e) provides that where a distributor-retailer and an applicant have agreed to enter
into a water infrastructure agreement, a condition may be imposed on a water approval
for the agreement to be finalised. Subsections (2)(i), (3) and (4) allows a
distributor-retailer to condition water approvals for trunk and non-trunk infrastructure.
Amendment 3 also renumbers s99BRAJ to accommodate the changes above.
Amendment 4 - Clause 21 (Insertion of new ch 4C)
Amendment 4 renumbers s99BRAJ subsection (5) to subsection (3).
Amendment 5 - Clause 21 (Insertion of new ch 4C)
Amendment 5 removes section 99BRAM which provided that all water infrastructure
terms become conditions of a water approval.
Amendment 6 - Clause 21 (Insertion of new ch 4C)
Amendment 6 removes a reference from section 99BRAU (6) in a `Note' which refers to
Part 7 `Water Infrastructure'.
Amendment 7 - Clause 21 (Insertion of new ch 4C)
Amendment 7 removes s99BRAW(1)(c)(iii) which provides that an interested person for
an internal review or an appeal to the Building and Development Dispute Resolution
Committee or Planning and Environment Count, includes a person who has had a
charge under an adopted infrastructure charges notice or negotiated adopted charges
notice imposed.
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Water Supply Services Legislation Amendment Bill 2014
Amendment 8 - Clause 21 (Insertion of new ch 4C)
Amendment 8 removes s 99BRAW(3) which provides that for an original decision (i.e. a
decision given on an application for a water approval) an interested person cannot
appeal a water approval condition that became a condition under a water approval.
Amendment 9 - Clause 21 (Insertion of new ch 4C)
Amendment 9 removes s99BRBG (1)(e) which applies the Building and Development
Dispute Resolution Committee appeal provisions to adopted infrastructure charges
notices.
Amendment 10 - Clause 21 (Insertion of new ch 4C)
Amendment 10 removes Part 7 Water Infrastructure. Part 7 provides a distributor-retailer
with powers to: adopt trunk infrastructure charges; levy the adopted trunk infrastructure
charges; impose both trunk and non-trunk infrastructure conditions on water approvals;
and enter into water infrastructure agreements with an application.
Amendment 11 - Clause 22 (Amendment of s99BT (Keeping particular
documents available for inspection and purchase))
Amendment 11 removes the requirement for a distributor-retailer to have a water
infrastructure agreement kept and made available.
Amendment 12 - Clause 25 (Insertion of new ch 6, pt 9)
Amendment 12 removes sections 132 to 136 which provide transitional arrangements for
matters relating to the delegation of a distributor-retailers concurrence powers under the
Sustainable Planning Act 2009, infrastructure funding and planning powers, compliance
assessment powers and the transition of multiple reconfiguring a lot applications (for the
same or part of the same premises).
Amendment 13 - Clause 25 (Insertion of new ch 6, pt 9)
Amendment 13 removes the reference to infrastructure charging and conditioning
provisions in section 140.
Amendment 14 - Clause 25 (Insertion of new ch 6, pt 9)
Amendment 14 inserts a new section 140A transitional regulation making power for the
SEQ Water Act. The provision provides that a regulation may make provision of a saving
or transitional nature for which it is necessary to make provision to allow or facilitate the
change from the operation of the unamended Act to the operation of the amended Act.
The new section 140A and the transitional regulation expire 1 year from the
commencement of this section of the Water Supply Service Legislation Amendment Act
2014.
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Water Supply Services Legislation Amendment Bill 2014
Amendment 15 - Clause 26 (Amendment of schedule (Dictionary))
Amendment 15 amends the dictionary to retain the existing definition of premises under
the South East Queensland Water (Distribution and Retail Restructuring) Act 2009.
Amendment 16 - Clause 26 (Amendment of schedule (Dictionary))
Amendment 16 removes reference to the infrastructure related definitions: adopted
infrastructure charge, adopted infrastructure charges notices, establishment cost,
increase decision and infrastructure charges schedule.
Amendment 17 - Clause 26 (Amendment of schedule (Dictionary))
Amendment 17 removes the definition of premises that was inserted in the Water Supply
Service Legislation Amendment Bill 2014.
Amendment 18 - Clause 26 (Amendment of schedule (Dictionary)).
Amendment 18 removes reference to the infrastructure related definitions relevant
proportion and water infrastructure agreement.
Amendment 19 Clause 26 (Amendment of schedule (Dictionary))
Amendment 19 removes from the amendment to the definition of distributor-retailer a
reference to an adopted infrastructure charges notice.
Amendment 20 - Clause 28 (Insertion of new 347A)
Amendment 20 amends s 347A to remove the note.
Amendment 21 - Clause 29 (Insertion of new s 406A)
Amendment 21 amends section 406A to remove the note.
Amendment 22 - Clause 31(Insertion of new ch 10, pt 9)
Amendment 22 removes the reference to "provisions" in the heading of Part 9 and
substitutes "provision" instead.
Amendment 23- Clause 31 (Insertion of new ch 10, pt 9)
Amendment 23 removes sections section 960 to 969 from the Sustainable Planning Act
2009 and inserts a transitional regulation making power. The regulation making power
provides that a regulation may make provision of a saving or transitional nature for which
it is necessary to make provision to allow or facilitate the change from the operation of
the unamended Act to the operation of the amended Act. The new section 140A and the
transitional regulation expire 1 year from the commencement of this section of the Water
Supply Service Legislation Amendment Act 2014.
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Water Supply Services Legislation Amendment Bill 2014
Amendment 24 - (Amendment of sch 3 (Dictionary))
Amendment 24 removes the reference to the definition for the standard amount.
Amendment 25 - Schedule 1 (Minor and consequential amendments)
Amendment 25 removes from Schedule 1 a reference to omitted s 99BOB(c) of the
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
Amendment 26 - Schedule 1 (Minor and consequential amendments)
Amendment 26 removes a reference to s 99BRCJ and 99BRDA of the South-East
Queensland Water (Distribution and Retail Restructuring) Act 2009 which was removed
under `Part 7 Water Infrastructure'.
Amendment 27 - Schedule 1 (Minor and consequential amendments)
Amendment 27 removed from schedule 1 a reference to s 53AS(1)(d) from s 53AS(3)
of the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
ŠThe State of Queensland 2013
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