Minister: Minister for Natural Resources, Mines and Energy
Agency: Department of Natural Resources, Mines and Energy


Water Supply (Safety and Reliability) Act 2008


Queensland Crest
Water Supply (Safety and Reliability) Act 2008

An Act to provide for the safety and reliability of water supply

Chapter 1 Preliminary

1Short title

This Act may be cited as the Water Supply (Safety and Reliability) Act 2008.

Editor’s note—

Some section numbers have been deliberately left blank at the end of some parts because of the size and complexity of this Act. If this Act is amended in the future, this will assist in adding sections.

2Commencement

(1)Sections 677 to 679 commence on 1 August 2008.
(2)The remaining provisions of this Act, other than the following provisions, commence on a day to be fixed by proclamation—
chapter 10, part 3, other than section 663
sections 666, 674 to 676, 680 to 682, 684 to 692, 695, 696, 715 to 721, 735(1) to (3) and 736
section 738, to the extent it inserts part 3A
sections 739, 743 and 744
section 745, to the extent it inserts division 11 heading and sections 1166 and 1167
section 747(3)
chapter 11
schedule 2, amendment of the Water Resource (Fitzroy Basin) Plan 1999.

3Purpose of Act and its achievement

(1)The purpose of this Act is to provide for the safety and reliability of water supply.
(2)The purpose is achieved primarily by—
(a)providing for—
(i)a regulatory framework for providing water and sewerage services in the State, including functions and powers of service providers; and
(ii)a regulatory framework for providing recycled water and drinking water quality, primarily for protecting public health; and
(iii)the regulation of referable dams; and
(iv)flood mitigation responsibilities; and
(b)protecting the interests of customers of service providers.

4Definitions

The dictionary in schedule 3 defines particular words used in this Act.

5Act binds all persons

(1)This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States.
(2)Subsection (1) does not apply to—
(a)the operation of the State Development and Public Works Organisation Act 1971; or
(b)the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971.

Chapter 2 Infrastructure and service

Part 1 Preliminary

6Application of ch 2 to local governments

Nothing in this chapter affects the powers of a local government or an authorised person under the Local Government Act.

7Sections 7–9 not used

See editor’s note for section 1.

Part 2 The regulator

10Who is the regulator

The regulator is the chief executive.

11Regulator’s general functions

(1)The regulator’s general functions are—
(a)to keep a register of service providers registered under this Act; and
(b)to review and make recommendations about standards and practices under this Act; and
(c)to monitor compliance with this Act; and
(d)to perform other functions given to the regulator under this Act or another Act.
(2)In performing the regulator’s functions, the regulator must consider the purposes of this Act.
(3)In this section—
function includes power.

12Register of service providers

(1)The regulator must keep a register of service providers.
(2)The register may be kept in the form, including electronic form, the regulator considers appropriate.
(3)The register must contain the following for each entity registered by the regulator as a service provider—
(a)the service provider’s name and contact details;
(b)the service provider’s nominated contact officer;
(c)details of the infrastructure operated by the service provider to supply the relevant water or sewerage service;
(d)if the service provider appoints another entity (an operating agent) to operate the infrastructure for the service provider—the operating agent’s name and contact details;
(e)the nature of the services offered by the service provider;
(f)any other particulars the regulator considers necessary.
(4)The regulator must publish on the department’s website a list of the entities registered as service providers.

s 12 amd 2013 No. 23 s 308; 2014 No. 16 s 50

12ARegister of registered recycled water schemes

(1)The regulator must keep a register of registered recycled water schemes.
(2)The register may be kept in the form, including electronic form, the regulator considers appropriate.
(3)The register must contain the following information for each registered recycled water scheme—
(a)the scheme’s name and contact details;
(b)the name of—
(i)for a single-entity recycled water scheme—the recycled water provider for the scheme; and
(ii)for a multiple-entity recycled water scheme—
(A)the scheme manager; and
(B)each recycled water provider; and
(C)any other declared entities;
(c)the location of the infrastructure for the production or supply of recycled water under the scheme;
(d)the source water used for the production or supply of recycled water under the scheme;
(e)the uses for the recycled water supplied under the scheme.
(4)The register may also contain any other particulars the regulator considers necessary.
(5)The regulator—
(a)must publish on the department’s website a list of registered recycled water schemes and the information mentioned in subsection (3)(b) for each scheme; and
(b)may publish any other information mentioned in subsection (3).
(6)In this section—
registered recycled water scheme means a recycled water scheme registered under section 196AC.

s 12A ins 2014 No. 16 s 51

13Requirement for responsible entity to give information

(1)The regulator may, by notice, require a responsible entity to give the regulator either or both of the following information within a stated reasonable period—
(a)information the regulator reasonably requires to perform the regulator’s functions;
(b)information about water security.
(2)A requirement under subsection (1) is not limited to information the responsible entity has before the requirement was made.
(3)When making the requirement, the regulator must warn the responsible entity it is an offence to fail to comply with the requirement unless the responsible entity has a reasonable excuse.
(4)The responsible entity must comply with the requirement unless the responsible entity has a reasonable excuse.

Maximum penalty—200 penalty units.

(5)If the responsible entity is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the responsible entity.
(6)In this section—
responsible entity means each of the following—
(a)a recycled water provider or other declared entity for a recycled water scheme;
(b)a service provider;
(c)the scheme manager for a multiple-entity recycled water scheme;
(d)if a service provider is the prescribed related entity of the relevant infrastructure owner—the owner.

s 13 amd 2009 No. 46 s 134; 2012 No. 39 s 88; 2013 No. 23 s 309; 2014 No. 16 s 52

14Reports and other publications by regulator

(1)The regulator may prepare reports under this part about the regulator’s activities.
(2)The regulator may—
(a)include in a report any information the regulator obtains under this Act (relevant information); and
(b)publish relevant information by way of television, newspaper, radio, the internet or another form of communication.
(3)However, subsection (2) does not apply to—
(a)personal information under the Information Privacy Act 2009, other than information identifying an individual as a service provider; or
(b)information that, under section 580, the regulator must take all reasonable steps to ensure not to disclose.

s 14 sub 2009 No. 46 s 135

15Delegation by regulator

(1)The regulator may delegate the regulator’s functions under this Act to an appropriately qualified officer of the department.
(2)A regulation may state a particular function of the regulator—
(a)may not be delegated; or
(b)may be delegated only to a particular person.
(3)In this section—
function includes power.

16Sections 16–19 not used

See editor’s note for section 1.

Part 3 Service providers

Division 1 Registration of service providers

Subdivision 1 Application for registration

ch 2 pt 3 div 1 sdiv 1 hdg ins 2013 No. 23 s 352 sch 1pt 1

20Who must apply for registration as a service provider

(1)The following entities must, before starting to operate as the supplier of a water or sewerage service, apply for registration as a service provider—
(a)a local government that owns infrastructure for supplying water or sewerage services;
(b)a water authority that owns infrastructure for supplying water or sewerage services;
(c)1, but not both, of the following—
(i)an entity (the relevant infrastructure owner) who is the owner of 1 or more elements of infrastructure (the relevant infrastructure) for supplying a water or sewerage service for which a charge is intended to be made;
(ii)an entity (the prescribed related entity) that is prescribed under a regulation as a related entity of the relevant infrastructure owner.
(2)For subsection (1)(c)(ii), the prescribed related entity must be nominated by the relevant infrastructure owner to operate the relevant infrastructure to supply the service, whether before or after the relevant infrastructure owner becomes the owner of the relevant infrastructure.
(3)However, subsection (1) does not apply to a person who owns infrastructure that produces and supplies recycled water unless the person also owns other infrastructure for supplying a water or sewerage service.

s 20 amd 2009 No. 46 s 136; 2010 No. 53 s 208; 2013 No. 23 s 310; 2014 No. 31 s 21

21Applying for registration as a service provider

(1)An application for registration as a service provider must be—
(a)made to the regulator in the approved form; and
(b)supported by sufficient information to enable the regulator to decide the application; and
(c)accompanied by—
(i)the fee prescribed under a regulation; and
(ii)if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner’s written consent to the registration of the prescribed related entity.
(2)The regulator may require either or both of the following to give additional information about the application—
(a)the applicant;
(b)if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.
(3)The regulator may require the information included in the application, or the additional information required under subsection (2), to be verified by statutory declaration.

s 21 sub 2013 No. 23 s 311

22Registration as a service provider

(1)This section applies if the regulator is satisfied—
(a)the applicant has complied with section 21(1); and
(b)an entity of whom a requirement is made under section 21(2) or (3) has complied with the requirement; and
(c)for an applicant who is the prescribed related entity of the relevant infrastructure owner—
(i)the applicant can exercise the powers of a service provider under this Act for supplying the water or sewerage service to which the application relates; and
(ii)without limiting subparagraph (i), the contractual arrangements between the applicant and the relevant infrastructure owner adequately provide for the applicant to operate the infrastructure to supply the water or sewerage service; and
(iii)if the applicant were to stop supplying, or cease to be the service provider for, the water or sewerage service, the relevant infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the water or sewerage service.
(2)The regulator must—
(a)register the applicant in the service provider register as the service provider for the water or sewerage service to which the application relates; and
(b)give notice of the registration to—
(i)the applicant; and
(ii)if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.
(3)The registration takes effect the day the regulator registers the applicant under subsection (2)(a).

s 22 sub 2013 No. 23 s 311

Subdivision 2 Changing registration details

ch 2 pt 3 div 1 sdiv 2 hdg ins 2013 No. 23 s 311

23Applying to change service provider’s details of registration

(1)A service provider may apply to change the service provider’s details of registration in the service provider register by, for example—
(a)including a service or adding infrastructure for which the service provider is not currently registered; or
(b)removing a service or infrastructure for which the service provider is currently registered.
(2)The application must be—
(a)made to the regulator in the approved form; and
(b)if the service provider is the prescribed related entity of the relevant infrastructure owner—accompanied by the owner’s written consent to the changes.
(3)On receiving the application the regulator must—
(a)record the changes in the register; and
(b)give the service provider a copy of the service provider’s details, including the changes, as registered in the register; and
(c)if the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.

s 23 amd 2013 No. 23 s 312

23AReviewing and changing service provider registration details

(1)Within 30 business days after 30 June each year, each service provider must review the service provider’s registration details.
(2)If the details have changed since the last review, the service provider must give the regulator notice of the change in the approved form.
(3)On receiving the notice, the regulator must—
(a)record the changes in the service provider register; and
(b)give the service provider a copy of the service provider’s details, including the changes, as registered in the service provider register; and
(c)if the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.

s 23A (prev s 30) amd 2013 No. 23 s 318 (1)

renum and reloc 2013 No. 23 s 318 (2)

Subdivision 3 Transferring registration

ch 2 pt 3 div 1 sdiv 3 hdg ins 2013 No. 23 s 313

24Definitions for sdiv 3

In this subdivision—
current infrastructure owner see section 25(1).
incoming related entity, of the current or new infrastructure owner, means the entity that the current or new infrastructure owner proposes to nominate, under section 20(2), to operate the infrastructure to supply the relevant service when the registration for the service is transferred under this subdivision.
new infrastructure owner see section 25(2)(a).
new service provider see section 25B(2)(c).
outgoing related entity, of the current infrastructure owner, means the prescribed related entity of the current infrastructure owner who is the service provider for the relevant service until the registration for the service is transferred under this subdivision.
relevant service see section 25(1).

s 24 sub 2013 No. 23 s 313

25Application of sdiv 3

(1)This subdivision applies if the owner (the current infrastructure owner) of infrastructure for a registered service (the relevant service) intends to transfer the registration as service provider for the relevant service to the incoming related entity of the current infrastructure owner.
(2)This subdivision also applies if the current infrastructure owner intends to transfer—
(a)the ownership of the infrastructure for the relevant service to another entity (the new infrastructure owner); and
(b)the registration as service provider for the relevant service to 1 of the following—
(i)the new infrastructure owner;
(ii)the incoming related entity of the new infrastructure owner.
(3)Subsections (1) and (2)(b) apply whether the current infrastructure owner or the outgoing related entity of the current infrastructure owner is the service provider for the relevant service.

s 25 sub 2013 No. 23 s 313

25ANotice of transfer

(1)The current infrastructure owner must give the regulator notice (the transfer notice) of the proposed transfer.
(2)The transfer notice must be—
(a)in the approved form; and
(b)accompanied by the fee prescribed under a regulation.
(3)The regulator may require the following to give additional information about the transfer notice—
(a)the current infrastructure owner;
(b)any of the following, if relevant to the proposed transfer—
(i)the outgoing related entity of the current infrastructure owner;
(ii)the incoming related entity of the current infrastructure owner;
(iii)the new infrastructure owner;
(iv)the incoming related entity of the new infrastructure owner.
(4)The regulator may require the information included in the transfer notice, or the additional information required under subsection (3), to be verified by statutory declaration.

s 25A ins 2013 No. 23 s 313

25BRegistering new service provider for transferred service

(1)This section applies if the regulator is satisfied—
(a)the current infrastructure owner has complied with section 25A(1) and (2); and
(b)an entity of whom a requirement is made under section 25A(3) or (4) has complied with the requirement; and
(c)for a proposed service provider who is the incoming related entity of the current or new infrastructure owner—
(i)the entity has been nominated under section 20(2) and prescribed under section 20(1)(c)(ii) as the prescribed related entity of the current or new infrastructure owner; and
(ii)the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and
(iii)without limiting subparagraph (ii), the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and
(iv)if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service.
(2)The regulator must—
(a)cancel the service provider’s registration for the relevant service; and
(b)give notice of the cancellation to—
(i)the current infrastructure owner; and
(ii)if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and
(c)register the following (the new service provider) in the service provider register as the service provider for the relevant service—
(i)for a transfer of registration under section 25(1)—the incoming related entity of the current infrastructure owner;
(ii)for a transfer of registration under section 25(2)(b)(ii) for which the regulator is satisfied of the matters mentioned in subsection (1)(c)—the incoming related entity of the new infrastructure owner;
(iii)for a transfer of registration under section 25(2) to which subparagraph (ii) does not apply—the new infrastructure owner; and
(d)give notice of the registration to—
(i)the new service provider; and
(ii)if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and
(iii)if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner.
(3)The registration—
(a)must not be on a day earlier than the day the regulator received the transfer notice under section 25A; but
(b)may be on a later day, if agreed in writing between—
(i)the current infrastructure owner; and—
(ii)either—
(A)or a transfer of registration under section 25(1)—the new service provider; or
(B)or a transfer of registration under section 25(2)—the new infrastructure owner.

s 25B ins 2013 No. 23 s 313

25CCompliance notice taken to have been given to new service provider

(1)This section applies if—
(a)the regulator has given a service provider (the original service provider) a compliance notice; and
(b)the original service provider’s registration as service provider is transferred under this subdivision; and
(c)the original service provider has not complied with the compliance notice before the new service provider is registered under section 25B(2)(c).
(2)Subject to subsection (3), the new service provider is taken to have been the original service provider given the compliance notice.
(3)For subsection (2)—
(a)the compliance notice is taken to have been given to the original service provider on the day the new service provider is registered; and
(b)a period to remedy a contravention or comply with a requirement, however provided for in the compliance notice, is taken to be the equivalent period starting on the day the new service provider is registered.

Example—

A compliance notice states a day, that is 30 business days after the notice is issued, by which a contravention is required to be remedied. The period for remedying the contravention is taken to be 30 business days after the new service provider is registered.

s 25C ins 2013 No. 23 s 313

Subdivision 4 Cancelling registration other than for transfer

ch 2 pt 3 div 1 sdiv 4 hdg ins 2013 No. 23 s 313

26Notice of intention to stop operating as a service provider

(1)This section applies if—
(a)a service provider is likely to stop supplying a registered service; and
(b)there is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.
(2)The service provider must, unless the service provider has a reasonable excuse, give at least 60 business days notice of the possible stoppage to—
(a)the regulator; and
(b)if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.

Note—

See section 530(1)(a) (Governor in Council may appoint administrator to operate infrastructure).

Maximum penalty—1,000 penalty units.

(3)The notice must—
(a)be in the approved form; and
(b)state the day by which the service provider intends to stop supplying the service.
(4)The regulator may require either or both of the following to give additional information about the notice—
(a)the service provider;
(b)if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.
(5)The regulator may require any information included in the notice, or any additional information required under subsection (4), to be verified by statutory declaration.
(6)If a requirement is made of the service provider under subsection (4) or (5) and the service provider fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the requirement, the notice given under subsection (2) is of no effect.
(7)If the service provider continues supplying the service after the day stated in the notice—
(a)the notice ceases to have effect as a notice for subsection (2); and
(b)if the service provider is again likely to stop supplying the service—the service provider must give a further notice under subsection (2).
(8)If the service provider stops supplying the service, the service provider must, within 5 business days after stopping supply, give notice of the stoppage to—
(a)the regulator; and
(b)if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.
(9)The notice must—
(a)be in the approved form; and
(b)state the day on which the provider stopped supplying the service.

s 26 amd 2013 No. 23 s 314

27Cancellation of registration if service provider stops supplying service

If the regulator receives a notice under section 26(8), the regulator must—
(a)cancel the service provider’s registration as a service provider for the infrastructure and services to which the notice relates; and
(b)give notice of the cancellation to—
(i)the service provider; and
(ii)if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.

s 27 sub 2013 No. 23 s 315

28Applying for cancellation of registration as service provider

(1)A service provider may apply to the regulator to have the provider’s registration cancelled if the provider has not supplied, and does not intend to start supplying, the service for which the provider is registered.
(2)The application must be—
(a)made in the approved form; and
(b)supported by sufficient information to enable the regulator to decide the application.
(3)If the service provider is the prescribed related entity of the relevant infrastructure owner, the service provider must give the owner notice of the application.
(4)The regulator may require—
(a)the applicant to give additional information about the application; or
(b)the information included in the application, or the additional information required under paragraph (a), to be verified by statutory declaration.
(5)If the regulator is satisfied the applicant has complied with subsections (2) and (3) and any requirement under subsection (4), the regulator must—
(a)cancel the service provider’s registration as a service provider for the infrastructure and services to which the application relates; and
(b)give notice of the cancellation to—
(i)the service provider; and
(ii)if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.

s 28 amd 2013 No. 23 s 316

Subdivision 5 Other matters

ch 2 pt 3 div 1 sdiv 5 hdg ins 2013 No. 23 s 317

29Registration as a service provider is not a right to water entitlement or resource operations licence

To remove any doubt, it is declared that registration as a service provider does not, of itself, entitle a service provider to a water entitlement or a resource operations licence.

30Operation of infrastructure by prescribed related entity

(1)This section applies to a service provider that is the prescribed related entity of the relevant infrastructure owner for a registered service of the service provider.
(2)To remove any doubt, it is declared that the service provider can operate the infrastructure for the service under this chapter as if it were the owner.
(3)Subsection (2) applies despite a contract, covenant or claim of right under a law of a State.

s 30 ins 2013 No. 23 s 319

30AOwnership and operation of service provider’s infrastructure that is part of land

(1)This section applies to—
(a)the ownership of a service provider’s infrastructure; or
(b)a service provider’s operation of the service provider’s infrastructure under this chapter.
(2)Neither the ownership nor the operation of the service provider’s infrastructure is affected only because—
(a)the infrastructure is, or becomes, part of land; or
(b)the land of which the infrastructure is a part is sold or otherwise disposed of.
(4)This section applies despite—
(a)an Act or law of a State; or
(b)a contract, covenant or claim of right under a law of a State.

s 30A ins 2013 No. 23 s 319

amd 2019 No. 17 s 341

Division 2 General powers of service providers and authorised persons

31Definition for div 2

In this division—
place does not include a building or structure used for residential purposes.

s 31 def place amd 2013 No. 23 s 320

32Application of div 2

This division applies only to the services for which a service provider is registered.

33Power to disconnect unauthorised connections

(1)This section applies if a person makes an unauthorised connection to the service provider’s infrastructure.
(2)The service provider may give the person a notice asking the person to state, within the reasonable period stated in the notice, why the service provider should not disconnect the connection.
(3)The period stated in the notice must not be less than 48 hours after the notice is given.
(4)If the service provider is not satisfied, within the period stated in the notice, that the connection should not be disconnected—
(a)an authorised person of the service provider may enter the place where the connection is and disconnect the connection; and
(b)the service provider may recover from the person as a debt—
(i)the cost of the disconnection; and
(ii)the value of any service used by the person through the connection.
(5)However, if the connection is causing damage to the service provider’s infrastructure—
(a)an authorised person may, without notice, enter the place where the connection is and disconnect the connection; and
(b)the service provider may recover from the person as a debt—
(i)the cost of the disconnection; and
(ii)the value of any service used by the person through the connection.
(6)If an authorised person enters a place under subsection (5), the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry.
(7)If there is no person at the place at the time of the entry under subsection (5), the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way.

34Power to direct remedial work

(1)This section applies to the owner of—
(a)defective or improper equipment connected to, or adversely affecting, a service provider’s infrastructure; or
(b)land on which there is situated vegetation or any other thing adversely affecting the service provider’s infrastructure or ability to provide the services for which the service provider is registered.
(2)The service provider may give the owner a notice to do work, within the reasonable period stated in the notice, to—
(a)rectify the equipment; or
(b)remove the vegetation or other thing.
(3)If the owner does not do the work within the period stated in the notice—
(a)an authorised person may, under section 36, enter the place where the work is required and do the work; and
(b)the service provider may recover from the owner as a debt the cost of the work.

35Power to install meters

(1)A service provider may install, or approve the installation of, a meter in a position, decided by the service provider, on infrastructure supplying water to premises.
(2)The meter is the property of the service provider even if it is installed inside the boundary of the premises.

Note—

A licence under the Plumbing and Drainage Act 2018 may be required to install a meter.

s 35 amd 2014 No. 16 s 53; 2015 No. 4 s 85; 2018 No. 17 s 197 sch 2

36Power to enter places for restricted purposes

(1)An authorised person may enter a place to—
(a)inspect, operate, change, maintain, remove, repair or replace a service provider’s infrastructure at the place; or
(b)install, under section 169, a device to reduce the water supply to premises at the place; or
(c)if the place is public land that adjoins a watercourse or lake downstream of a dam or weir—erect a sign on the land to warn individuals of the risks of entering an area downstream of the dam or weir.
(2)However, the authorised person may enter the place at any reasonable time only if—
(a)the occupier consents to the entry; or
(b)the service provider has given the occupier at least 14 days notice of the entry and the purpose of the entry; or
(c)for entry under subsection (1)(a) or (b)—the service provider needs to take urgent action to protect its infrastructure at the place.
(3)Subsection (2) does not apply to an authorised person entering public land under subsection (1)(c) if there is no person in actual occupation of the land.
(4)After entering the place, the authorised person may carry out the activity that is the purpose of the entry.
(5)If an authorised person enters a place under subsection (2)(c), the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry.
(6)If there is no person at the place at the time of the entry under subsection (2)(b), the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way.
(7)This section does not limit section 37.
(8)In this section—
public land means land that is under the management or control of—
(a)the State; or
(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982.

s 36 amd 2014 No. 16 s 54; 2015 No. 4 s 86; 2017 No. 11 s 6

37Power to enter place to read, check, maintain or replace meter

(1)An authorised person may enter a place at any reasonable time—
(a)to read a meter; or
(b)to check the accuracy of a meter; or
(c)to maintain or replace a meter.
(2)In this section—
meter, in relation to a place, means a device, including equipment related to the device, for measuring the volume of water supplied to the place and installed on infrastructure that supplies retail water services at the place.

38Notice of damage

(1)This section applies if—
(a)an authorised person damages property when exercising or purporting to exercise a power under this division; or
(b)a person (the other person) acting under the direction or authority of an authorised person damages property.
(2)The authorised person must immediately give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property.
(3)If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.
(4)If, for any reason, it is impracticable to comply with subsection (2), the authorised person must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way.
(5)This section does not apply to damage the authorised person reasonably believes is trivial.
(6)In this section—
owner, of property, includes a person in possession or control of it.

s 38 amd 2013 No. 23 s 352 sch 1pt 1

39Compensation

(1)If a person incurs loss or expense because of the exercise or purported exercise of a power under this division, the person may claim compensation from the service provider.
(2)Without limiting subsection (1), compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this division.
(3)Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.
(4)A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
(5)For this section, loss or expense does not include loss or expense caused by the act of—
(a)removing an unauthorised connection; or
(b)rectifying defective or improper equipment; or
(c)removing vegetation or any other thing.

40Recovery of costs

(1)This section applies if—
(a)a person damages a service provider’s infrastructure; or
(b)a service provider suffers loss because a person—
(i)makes an unauthorised connection to the service provider’s infrastructure; or
(ii)discharges material, if it is not material the service provider has authorised to be discharged, into the service provider’s infrastructure; or
(iii)interferes with the service provider’s infrastructure; or
(iv)pollutes the water in the service provider’s infrastructure.
(2)The service provider may recover from the person as a debt the amount of the loss or the reasonable cost of repairing the damage.

Division 3 Power to restrict water supply

41Restricting water supply

(1)If a water service provider considers it necessary, the water service provider may restrict—
(a)the volume of water taken by or supplied to a customer or type of customer; or
(b)the hours when water may be used on premises for stated purposes; or
(c)the way water may be used on premises.
(2)The water service provider may impose a restriction under subsection (1) (a service provider water restriction) only if—
(a)there is an urgent need for the service provider water restriction; or
(b)the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or
(c)the service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or
(d)the Minister has published a notice under the Water Act, section 22, or a regulation has been made under the Water Act, section 23, and the restriction is for the purposes of the notice or regulation; or
(e)the water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or
(f)the water service provider is directed by the regulator, under section 42(2), to impose the restriction.
(3)A water service provider may apply a restriction imposed under subsection (1) to water taken from a rainwater tank connected to the service provider’s reticulated supply.
(4)However, a restriction imposed under subsection (1) must be consistent with conditions contained in the service provider’s resource operations licence, interim resource operations licence, water licence or water allocation, relating to the supply of the water.
(5)A restriction may provide an exemption from all or part of the restriction.
(6)In this section, the power to restrict includes the power to prohibit.

s 41 amd 2010 No. 20 s 120; 2012 No. 39 s 89; 2014 No. 16 s 101 sch 1

42Regulator may direct restriction

(1)This section applies if the regulator considers—
(a)there is a significant threat to sustainable and secure water supply in an area; and
(b)it is necessary or desirable to impose a restriction under section 41 on the area or another area.
(1A)To remove any doubt, it is declared that the regulator may direct a service provider for an area not under an immediate significant threat to sustainable and secure water supply to impose a restriction if the regulator considers the restriction is necessary or desirable because of a significant threat to sustainable and secure water supply in another area.

Example—

The regulator may direct the Gold Coast City Council to impose a restriction if another area in the SEQ region is facing a significant threat to its water supply and water from the Hinze Dam is needed for the other area.
(2)The regulator may, after consultation with the water service provider for the area or the other area, direct the water service provider to—
(a)impose a restriction, under section 41, in the area or the other area within a stated period; and
(b)provide a written response to the regulator, within a stated period, stating the steps the water service provider intends to take to ensure the restriction is complied with.
(3)A service provider to whom a direction is given under subsection (2) must comply with the direction.

Maximum penalty—200 penalty units.

(4)If the regulator is satisfied the response is adequate to ensure compliance with the restriction, the regulator must—
(a)approve the response; and
(b)give the service provider notice of the approval.
(5)If the regulator is not satisfied the response is adequate to ensure compliance with the restriction, the regulator must—
(a)change the response to make it adequate; and
(b)approve the changed response; and
(c)give the service provider notice of the approval.
(6)A service provider must comply with the approved response by taking the steps stated in the response for ensuring the restriction is complied with.

Maximum penalty for subsection (6)—200 penalty units.

s 42 amd 2012 No. 39 s 90

43Notice of service provider water restriction must be given

(1)A water service provider must give notice of a service provider water restriction imposed by the service provider to anyone affected by it in the way the service provider considers appropriate having regard to the circumstances in which the restriction is imposed.
(2)Subsection (3) applies if the service provider water restriction is imposed because—
(a)there is an urgent need for the restriction; or
(b)the service provider is directed under a water supply emergency declaration to impose the restriction.
(3)Without limiting subsection (1), an appropriate way for the service provider to give notice of the service provider water restriction is by broadcasting the restriction on radio or television or using another form of electronic communication.
(4)The service provider water restriction has effect from—
(a)ordinarily—the beginning of the day after the notice is given; or
(b)if the restriction is imposed because of an urgent need or water supply emergency declaration—when the restriction is imposed.
(5)A person must not contravene a service provider water restriction.

Maximum penalty—

(a)for a non-residential customer—1,665 penalty units; or
(b)for any other person—200 penalty units.

(6)Subsections (7) and (8) apply if a water service provider, directed under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response to impose service provider water restrictions, does not comply with the direction.
(7)The Minister may give notice of the service provider water restrictions, required under the declaration, regulation or response to be imposed, to anyone affected by the restrictions in the way the Minister considers appropriate.
(8)Notice given by the Minister under subsection (7)—
(a)imposes the service provider water restrictions stated in the notice; and
(b)is taken to be notice given by the service provider under subsection (1).
(9)Evidence of compliance with a relevant part of a service provider water restriction includes—
(a)an authorised person is satisfied the premises meets the requirements for the restriction; or
(b)the person produces a certificate from a licensed plumber certifying that the premises meets the requirements for the restriction; or
(c)the person produces a statutory declaration declaring the premises meets the requirements for the restriction.

s 43 amd 2014 No. 51 s 38

44Temporary interruptions to water supply

(1)A water service provider may shut off the water supply to premises for the time reasonably necessary for the service provider to perform work on the service provider’s infrastructure, including a property service.
(2)However, the service provider must give anyone likely to be affected by the shutting off of the water supply at least 48 hours notice of its intention to shut off the water supply, advising the reasons for shutting it off, and for how long it will be shut off.
(3)Subsection (2) does not stop the service provider shutting off its water supply, without notice, if there is—
(a)a serious risk to public health; or
(b)a likelihood of serious injury to persons or damage to property; or
(c)another emergency.
(4)If the service provider acts under subsection (3), the service provider must give anyone likely to be affected by the action—
(a)notice of the action; and
(b)the reasons for the action; and
(c)if the action is continuing when the notice is given—notice about how long the action will continue.

Division 4 Authorised persons

45Appointing authorised persons

(1)A service provider may appoint a person to be an authorised person of the service provider if—
(a)the service provider is satisfied the person has the necessary expertise or experience to be an authorised person; or
(b)the person has satisfactorily finished training approved by the service provider.
(2)However, the service provider can not appoint the person unless the provider is satisfied the person—
(a)can perform the functions of an authorised person safely; and
(b)can, while performing those functions, mitigate any risks to public health and safety.

s 45 amd 2014 No. 16 s 55

46Authorised person’s identity cards

(1)The service provider must give an identity card to each authorised person.
(2)The identity card must—
(a)contain a recent photograph of the person; and
(b)be signed by the person; and
(c)identify the person as an authorised person of the service provider; and
(d)include an expiry date.

47Failure to return identity card

A person who ceases to be an authorised person must give the person’s identity card to the service provider within 15 business days after the person ceases to be an authorised person unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

48Producing and displaying identity card

(1)An authorised person may exercise a power under division 2 in relation to someone else (the other person) only if the authorised person—
(a)first produces the authorised person’s identity card for the other person’s inspection; or
(b)has the identity card displayed so it is clearly visible to the other person.
(2)However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.

Division 5 Liability of service providers

49Liability of service providers and others for particular events or circumstances

(1)A service provider, entity operating a service provider’s infrastructure, relevant infrastructure owner, owner of land, operator of water infrastructure, operator of special infrastructure or lessee of a service provider or operator of water infrastructure (each an indemnified party) is not liable for an event or circumstance beyond the control of the indemnified party.
(2)Subsection (1)—
(a)applies only if, in relation to the event or circumstance, the indemnified party acted reasonably and without negligence; and
(b)does not affect, or in any way limit, the liability of an indemnified party for negligence.
(3)In this section—
an event or circumstance includes—
(a)the escape of water from water infrastructure or works; and
(b)flooding upstream or downstream of water infrastructure or works; and
(c)contamination, or the quality, of water, including manufactured water flowing, or released, from water infrastructure, special infrastructure or works.
manufactured water means water, including desalinated or recycled water or any substance resulting from the production of desalinated or recycled water, from any source.
relevant water infrastructure means infrastructure that is—
(a)infrastructure the subject of—
(i)a water supply emergency declaration or water supply emergency regulation; or
(ii)works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971; and
(b)a prescribed project under the State Development and Public Works Organisation Act 1971; and
(c)infrastructure the Minister declares in a gazette notice to be relevant water infrastructure for the purposes of this section.

s 49 amd 2013 No. 23 s 321

Division 6 Water efficiency management plans

50Purpose of div 6

The purpose of this division is to promote water savings by non-residential customers.

51Application of div 6

(1)This division applies for a non-residential customer who does not hold a water entitlement.
(2)However, if this division would not apply to a non-residential customer because of subsection (1), but the customer takes water from a water service provider under another arrangement, this division applies for the other arrangement.
(3)Also, if a customer to whom this division applies is a customer of more than 1 water service provider, the water service provider who provides the customer with the most water is the water service provider for the customer for this division.

s 51 amd 2012 No. 39 s 91

52When water efficiency management plan may be required

(1)The chief executive may, by written direction, require a water service provider to give a customer, or type of customer, a written notice—
(a)to prepare a plan (a water efficiency management plan); and
(b)to give it to the water service provider within the reasonable period stated by the chief executive.
(2)The water service provider must comply with the direction.

Maximum penalty—500 penalty units.

(3)A water service provider may, without direction, give a customer, or type of customer, a written notice—
(a)to prepare a plan (also a water efficiency management plan); and
(b)to give it to the water service provider within the reasonable period stated by the water service provider.
(4)The customer must comply with a notice given by the water service provider under subsection (1) or (3).

Maximum penalty—500 penalty units.

(5)A plan prepared as a water efficiency management plan under a requirement of a service provider water restriction is also a water efficiency management plan for this section.
(6)This division applies to the preparation and approval of a plan mentioned in subsection (1), (3) or (5).

s 52 amd 2012 No. 39 s 92

53Content of water efficiency management plan

(1)A water efficiency management plan prepared under section 52(1) must comply with any guidelines made by the chief executive for preparing the plan.
(2)A water efficiency management plan prepared under section 52(3) must comply with—
(a)any guidelines made by the chief executive for preparing the plan; or
(b)if the chief executive has not made any guidelines—any guidelines made by the water service provider for preparing the plan.
(3)A water efficiency management plan must also state the following—
(a)the name of the customer and the location where the plan applies;
(b)an outline of the customer’s current water use at the location and the source of the water used;
(c)the water savings and efficiencies that will be achieved by implementing the plan;
(d)the time frames for implementing the plan.

54Approving water efficiency management plan

(1)For deciding whether or not to approve a water efficiency management plan, the water service provider may require the customer to give additional information about the plan within the reasonable period stated by the water service provider.
(2)The water service provider must approve, with or without conditions, or refuse to approve the plan—
(a)if additional information is not required—within 60 business days after receiving the plan; or
(b)if additional information is required—within 60 business days of when the information is received or should have been given, whichever is earlier.
(3)Within 10 business days after making a decision under subsection (2), the water service provider must give the customer an information notice.
(4)If the water service provider does not approve the plan, the customer must—
(a)amend the plan to address the reasons for the decision; and
(b)within 20 business days after receiving a notice under subsection (3) or the extended period under subsection (5), give the water service provider the revised plan.

Maximum penalty—200 penalty units.

(5)The water service provider may extend the period of 20 business days mentioned in subsection (4).
(6)This division applies for a revised plan, with any necessary changes to give effect to the division.
(7)The water service provider may recover from the customer as a debt an application fee for the approval of the customer’s water efficiency management plan that is not more than the cost to the water service provider of approving the plan.

s 54 amd 2010 No. 20 s 121

55Complying with water efficiency management plan

A customer must comply with the customer’s approved water efficiency management plan.

Maximum penalty—1,665 penalty units.

56Reporting under water efficiency management plan

(1)A customer to whom an approved water efficiency management plan applies must give the water service provider a written report each year advising—
(a)the extent to which the plan has been implemented; and
(b)the water savings and efficiencies achieved by implementing the plan; and
(c)any change of circumstances in relation to the matters mentioned in section 57(1)(a).

Maximum penalty—100 penalty units.

(2)The report must be given within 10 business days after the anniversary day for the plan.
(3)The chief executive may at any time ask a water service provider to give the chief executive—
(a)a copy of an approved water efficiency management plan; or
(b)information about a plan that has not yet been approved; or
(c)a report summarising progress by the water service provider’s customers in achieving water savings and efficiencies.
(4)The water service provider must comply with the request within 20 business days.

Maximum penalty for subsection (4)—100 penalty units.

57Amending or replacing water efficiency management plan by chief executive direction

(1)This section applies if the chief executive is satisfied that there is or there is likely to be—
(a)a severe water supply shortage; or
(b)an increase in the severity of a water supply shortage.
(2)The chief executive may, by written direction, require a water service provider to give a customer, or type of customer, a written notice requiring the customer to—
(a)amend an approved water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive; or
(b)prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive.
(3)The water service provider must comply with the direction.

Maximum penalty—500 penalty units.

(4)The customer must comply with a notice given under subsection (2).

Maximum penalty—500 penalty units.

(5)This division, other than section 52, applies for preparing the amended or new plan, with any necessary changes to give effect to the division.

58Amending or replacing water efficiency management plan by water service provider direction

(1)This section applies if a water service provider is satisfied that—
(a)for a customer, or a type of customer, production output or water consumption has increased significantly; or
(b)the cost effectiveness of implementing an approved water efficiency management plan is likely to have changed significantly; or
(c)there is or there is likely to be a severe water supply shortage.
(2)The water service provider must give the customer a written notice requiring the customer to—
(a)amend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or
(b)prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.
(3)The customer must comply with the notice.

Maximum penalty—500 penalty units.

(4)This division, other than section 52, applies for preparing the amended or new plan, with any necessary changes to give effect to the division.

59Amending or replacing water efficiency management plan by request

(1)A customer may request an amendment of an approved water efficiency management plan or that a new water efficiency management plan be prepared.
(2)If the water service provider approves the request the customer must—
(a)amend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or
(b)prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.
(3)This division, other than section 52, applies for preparing the amended or new plan, with any necessary changes to give effect to the division.

60Notice to comply with water efficiency management plan

(1)This section applies if a water service provider is satisfied or reasonably believes a customer to whom an approved water efficiency management plan applies has not complied with the plan.
(2)The water service provider may give the customer a notice requiring the customer to comply with the plan within the reasonable period stated in the notice.

61Reviewing water efficiency management plans

(1)A water service provider must ensure a customer to whom an approved water efficiency management plan applies reviews the plan when the water service provider considers it appropriate.
(2)The customer must give the water service provider a copy of the review report within the reasonable period stated by the water service provider.
(3)A review must occur at least every 5 years.

Division 7 Miscellaneous

62No charge for water in rainwater tank

A service provider must not make a charge for water that—
(a)has been collected from a roof; and
(b)is in, or taken from, a rainwater tank.

63Sections 63–69 not used

See editor’s note for section 1.

Part 4 Service provider obligations

Division 1 Drinking water quality management

ch 2 pt 4 div 1 hdg prev div 1 hdg om 2014 No. 16 s 56

pres div 1 hdg (prev div 3 hdg) renum 2014 No. 16 s 101 sch 1

Subdivision 1 Offences

70[Repealed]

s 70 amd 2012 No. 29 s 21

om 2014 No. 16 s 56

71[Repealed]

s 71 amd 2013 No. 23 s 322

om 2014 No. 16 s 56

72[Repealed]

s 72 om 2014 No. 16 s 56

73[Repealed]

s 73 om 2014 No. 16 s 56

74[Repealed]

s 74 amd 2013 No. 23 s 323

om 2014 No. 16 s 56

75[Repealed]

s 75 amd 2013 No. 23 s 324

om 2014 No. 16 s 56

76[Repealed]

s 76 amd 2013 No. 23 s 325

om 2014 No. 16 s 56

77[Repealed]

s 77 om 2014 No. 16 s 56

78[Repealed]

s 78 sub 2012 No. 29 s 22

om 2014 No. 16 s 56

79[Repealed]

s 79 om 2014 No. 16 s 56

80[Repealed]

s 80 amd 2013 No. 23 s 326

om 2014 No. 16 s 56

81[Repealed]

s 81 om 2014 No. 16 s 56

82[Repealed]

s 82 om 2014 No. 16 s 56

83[Repealed]

s 83 om 2014 No. 16 s 56

84[Repealed]

s 84 om 2014 No. 16 s 56

85[Repealed]

s 85 om 2014 No. 16 s 56

86[Repealed]

s 86 om 2014 No. 16 s 56

87[Repealed]

s 87 amd 2013 No. 23 s 327

om 2014 No. 16 s 56

88[Repealed]

s 88 amd 2013 No. 23 s 328

om 2014 No. 16 s 56

89[Repealed]

s 89 sub 2013 No. 23 s 329

om 2014 No. 16 s 56

90[Repealed]

s 90 amd 2013 No. 23 s 330

om 2014 No. 16 s 56

91[Repealed]

s 91 om 2014 No. 16 s 56

92Offence to carry out drinking water service without approved drinking water quality management plan

A drinking water service provider must not carry out a drinking water service unless there is an approved drinking water quality management plan for the drinking water service.

Maximum penalty—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.

s 92 amd 2013 No. 51 s 229 sch 1

93Offence about compliance with drinking water quality management plan

A drinking water service provider who has an approved drinking water quality management plan must comply with—
(a)the plan; and
(b)the conditions of the plan.

Maximum penalty—1,665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.

s 93 amd 2013 No. 51 s 229 sch 1

Subdivision 2 Drinking water quality management plans

94Purpose of drinking water quality management plan

The purpose of a drinking water quality management plan is to protect public health.

95Preparing drinking water quality management plan

(1)Each drinking water service provider must prepare a drinking water quality management plan for the provider’s drinking water service and apply to the regulator for approval of the plan.
(2)The application must—
(a)be in the approved form; and
(b)be accompanied by—
(i)a copy of the drinking water quality management plan; and
(ii)the fee prescribed under a regulation.
(3)The drinking water quality management plan must—
(a)be prepared in accordance with the guidelines, if any, made by the regulator about preparing the plan; and
(b)state the registered services to which the plan applies; and
(c)include details of the infrastructure for providing the services; and
(d)identify the hazards and hazardous events the drinking water service provider considers may affect the quality of water to which the services relate; and
(e)include an assessment of the risks posed by the hazards and hazardous events; and
(f)demonstrate how the drinking water service provider intends to manage the risks posed by the hazards and hazardous events; and
(g)include details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for drinking water; and
(h)for a plan prepared by the prescribed related entity of the relevant infrastructure owner—be accompanied by the owner’s written agreement to the plan.

s 95 amd 2010 No. 20 s 122; 2013 No. 23 s 331

96Additional information may be required

(1)The regulator may, by notice, require either or both of the following (the recipient) to give additional information about the drinking water quality management plan—
(a)the drinking water service provider;
(b)if the drinking water service provider is the prescribed related entity of the relevant infrastructure owner—the owner.

Example of additional information—

information about arrangements relating to the supply of water to or from the provider’s drinking water service
(2)If the recipient fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.
(3)A requirement under this section is an information requirement.

s 96 amd 2013 No. 23 s 332

97Regulator may obtain advice about application

The regulator may obtain advice from an advisory council or any other entity the regulator considers appropriate before deciding the application.

98Consideration of application

(1)The regulator must consider each application and decide to approve, with or without conditions, or refuse to approve, the drinking water quality management plan—
(a)if an information requirement is not made in relation to the plan—within 3 months after receiving the plan; or
(b)if an information requirement is made in relation to the plan—within 3 months after the requirement has been complied with.
(2)In considering an application, the regulator must have regard to the following—
(a)the drinking water quality management plan and any additional information about the plan given to the regulator under section 96;
(b)the guidelines, if any, made by the regulator about preparing the plan;
(c)any advice obtained by the regulator under section 97;
(d)the water quality criteria for drinking water.

99Notice of decision

(1)Within 10 business days after deciding the application, the regulator must give the drinking water service provider—
(a)if the decision is to approve the drinking water quality management plan without conditions—notice of the decision; or
(b)if the decision is to approve the plan with conditions, or refuse to approve the plan—an information notice for the decision.
(2)If the regulator approves the drinking water quality management plan, the notice of the decision or information notice for the decision must state all of the following—
(a)the conditions, if any, of the approval;
(b)the intervals at which regular reviews of the approved plan must be conducted;
(c)if the regulator requires audits of the approved plan—the intervals at which the audits must be conducted.
(3)An interval mentioned in subsection (2)(b) must not be less than 1 year.
(4)An interval mentioned in subsection (2)(c) must not be less than 2 years.

s 99 amd 2014 No. 16 s 101 sch 1

99AAmendment of drinking water quality management plan—agreement

(1)A drinking water service provider may, with the regulator’s agreement, amend the provider’s approved drinking water quality management plan if the amendment—
(a)is only to correct a minor error in the plan or make another change that is not a change of substance; or
(b)is to record a change of name or change of ownership of the provider.
(2)The drinking water quality management plan as amended is taken to be the drinking water service provider’s approved drinking water quality management plan.

s 99A ins 2014 No. 16 s 57

100Amendment of drinking water quality management plan—application

(1)This section applies if a drinking water service provider proposes to amend the provider’s approved drinking water quality management plan and the amendment is not an amendment mentioned in section 99A(1).
(2)The drinking water service provider must apply to the regulator for approval of the proposed amended drinking water quality management plan.
(3)Sections 95(2) and (3) and 96 to 99 apply to the application and the proposed amended drinking water quality management plan—
(a)as if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and
(b)as if a reference in the sections to the plan were a reference to the amended plan.

s 100 amd 2013 No. 23 s 333; 2014 No. 16 s 58

101Amendment of drinking water quality management plan—requirement of regulator

(1)The regulator may, under this section, require a drinking water service provider to amend the provider’s drinking water quality management plan if the regulator is satisfied the amendment is required to protect public health.
(2)Before requiring the drinking water service provider to amend the drinking water quality management plan, the regulator must give the provider a show cause notice about the proposed amendment.
(3)If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must—
(a)give the drinking water service provider a notice requiring the provider—
(i)to amend the drinking water quality management plan in the way stated in the notice; and
(ii)to give the regulator a copy of the amended plan, within the reasonable period of at least 30 business days stated in the notice, for approval; and
(b)give the drinking water service provider an information notice for the decision.
(4)The drinking water service provider must comply with the notice mentioned in subsection (3)(a).

Maximum penalty—1,665 penalty units.

(5)If the regulator is satisfied the drinking water quality management plan has been amended in the way stated in the notice mentioned in subsection (3)(a)—
(a)the plan as amended is taken to be the approved plan; and
(b)the regulator must give the drinking water service provider notice that the plan as amended is taken to be the approved plan.
(6)The amended drinking water quality management plan takes effect from the day the notice mentioned in subsection (5)(b) is given to the drinking water service provider.
(7)If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the drinking water service provider notice that the plan need not be amended.
(8)If the drinking water service provider is the prescribed related entity of the relevant infrastructure owner, the regulator must give the relevant infrastructure owner a copy of all the notices.

s 101 amd 2013 No. 23 s 334

Subdivision 3 Reporting requirements

ch 2 pt 4 div 1 sdiv 3 hdg sub 2010 No. 20 s 123

102AA Application of sdiv 3

This subdivision applies to a drinking water service provider carrying out a drinking water service if there is an approved drinking water quality management plan for the drinking water service.

s 102AA ins 2010 No. 20 s 124

102Notice of noncompliance with water quality criteria

(1)This section applies if the drinking water service provider becomes aware that the quality of water supplied from the provider’s drinking water service does not comply with the water quality criteria relating to the service.
(2)The drinking water service provider must, unless the provider has a reasonable excuse, immediately inform the regulator of the noncompliance and the circumstances that gave rise to the noncompliance.

Maximum penalty—1,665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.
(3)The drinking water service provider must, unless the provider has a reasonable excuse, give the regulator notice of the following in the approved form as soon as practicable—
(a)the noncompliance and the circumstances that gave rise to the noncompliance;
(b)any action taken, or to be taken, by the provider to correct the noncompliance;
(c)the measures the provider will take to prevent the noncompliance in the future.

Maximum penalty for subsection (3)—200 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.

s 102 sub 2010 No. 20 s 124

amd 2013 No. 51 s 229 sch 1

102ANotice of prescribed incident

(1)This section applies if a drinking water service provider becomes aware a prescribed incident has happened in relation to the provider or the provider’s service.
(2)The drinking water service provider must, unless the provider has a reasonable excuse, immediately inform the regulator of the prescribed incident.

Maximum penalty—1,665 penalty units.

(3)The drinking water service provider must, unless the provider has a reasonable excuse, give the regulator notice of the following in the approved form as soon as practicable—
(a)the prescribed incident and the circumstances that gave rise to the incident;
(b)any action taken, or to be taken, by the provider relating to the prescribed incident;
(c)the measures the provider will take to prevent the prescribed incident happening again in the future.

Maximum penalty—200 penalty units.

(4)In this section—
prescribed incident means an incident prescribed under a regulation.

s 102A ins 2010 No. 20 s 124

102BSelf-incrimination not a reasonable excuse for sdiv 3

(1)It is not a reasonable excuse, under section 102 or 102A, for a drinking water service provider to fail to give the relevant information that giving the information might tend to incriminate the provider.
(2)If the drinking water service provider is an individual, evidence of, or evidence directly or indirectly derived from, the relevant information that might tend to incriminate the provider is not admissible in evidence against the provider in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.
(3)In this section—
relevant information means information given to the regulator under section 102 or 102A.

s 102B ins 2010 No. 20 s 124

Subdivision 4 Miscellaneous

ch 2 pt 4 div 1 sdiv 4 hdg ins 2010 No. 20 s 124

103Requirement about giving water quality information

(1)This section applies if a drinking water service provider obtains water for the provider’s drinking water service from a water storage or other infrastructure that is not part of a water service for which there is a drinking water quality management plan.
(2)The drinking water service provider may, by notice given to the owner of the water storage or other infrastructure, ask the owner to give the drinking water service provider the information reasonably required by the provider about the quality of water in the water storage or infrastructure.
(3)The notice must—
(a)include enough details about the information reasonably required to enable the owner of the water storage or other infrastructure to comply with the request; and
(b)state the reasonable period within which the information must be given.
(4)The owner of the water storage or other infrastructure must comply with the notice, unless the owner has a reasonable excuse.

Maximum penalty—500 penalty units.

(5)The owner of the water storage or other infrastructure may recover from the drinking water service provider the reasonable costs incurred by the owner in obtaining the information.
(6)The owner of the water storage or other infrastructure may recover, as a debt due to the owner, any amount the owner is entitled to recover under subsection (5).

104Requirement about operation of drinking water service

A drinking water service provider must ensure that there are persons engaged in the operation of the provider’s drinking water service who have the qualifications or experience prescribed under a regulation for section 586(2)(d)(i).

Maximum penalty—1,665 penalty units.

Division 2 Audit reports and reviews

ch 2 pt 4 div 2 hdg prev div 2 hdg om 2014 No. 16 s 56

pres div 2 hdg (prev div 4 hdg) renum 2014 No. 16 s 101 sch 1

105[Repealed]

s 105 om 2014 No. 16 s 59

106Reviewing plans

(1)A service provider must regularly review the service provider’s drinking water quality management plan, in accordance with the notice given by the regulator under section 99.

Maximum penalty—500 penalty units.

(2)The purpose of the review is to ensure the plan remains relevant having regard to the operation of the water service provided by the service provider.

s 106 amd 2014 No. 16 s 60

107Changing plans following review

(1)Subsection (2) applies if a review of a drinking water quality management plan indicates the plan needs to be changed to reflect changes to the operation of the water service provided by the service provider.
(2)Within 30 business days after the review ends, the service provider must—
(a)amend the drinking water quality management plan to reflect the changes to the operation of the water service; and
(b)apply to the regulator for approval of the amended plan.

Maximum penalty—200 penalty units.

(3)The amended drinking water quality management plan must indicate the way the plan has been amended.
(4)Sections 95(2) and (3), and 96 to 99 apply to the application for approval of the amended drinking water quality management plan and the amended plan—
(a)as if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and
(b)as if a reference in the sections to the plan were a reference to the amended plan.

s 107 amd 2013 No. 23 s 335; 2014 No. 16 s 61

108Ensuring audits of drinking water quality management plan

(1)A service provider must ensure someone other than the provider does the following, unless the provider has a reasonable excuse—
(a)audits its drinking water quality management plan at the intervals stated in a notice given to the provider under section 99;
(b)prepares a report (a drinking water quality management plan audit report) complying with this section about each of the audits;
(c)gives the regulator each report within 30 business days after the relevant audit is completed.

Maximum penalty—500 penalty units.

(2)The auditor—
(a)can not be an employee of the provider or employed in operating its infrastructure; and
(b)must—
(i)be certified under the Drinking Water-Quality Management System Auditor Certification Scheme to conduct an audit of the type to which the audit and report relates; or
(ii)have a qualification the regulator is satisfied is at least equivalent to the certification.
(3)The reports must—
(a)verify whether or not the monitoring and performance data given to the regulator under the plan is accurate; and
(b)assess—
(i)the provider’s compliance with the plan and its conditions; and
(ii)the plan’s relevance to the provider’s drinking water service; and
(c)be prepared in accordance with any guidelines made by the regulator.

s 108 sub 2014 No. 16 s 62

108AEnsuring audits of particular performance reports

(1)A service provider must ensure someone other than the provider does the following, unless the provider has a reasonable excuse—
(a)audits the data in its performance report for each notified year;
(b)prepares a report (a performance audit report) that includes data for each KPI submitted in the notified way;
(c)gives the regulator each performance audit report on or before the later of the following—
(i)1 October in the notified year;
(ii)30 days after notification of the year.

Maximum penalty—500 penalty units.

(2)The auditor—
(a)must be a qualified auditor; and
(b)can not be an employee of the provider or employed in operating its infrastructure.
(3)The audit must verify whether or not the data audited for the immediately preceding financial year to the notified year is accurate.
(4)Despite subsections (1) to (3), if an audit process under another Act would also enable the provider to give the verification, the provider is taken to have complied with this section if the verification complies with the other process.
(5)In this section—
notified, for a service provider, means stated in a notice given by the regulator to the provider under this section.

s 108A ins 2014 No. 16 s 62

109Declarations about reports under this division

(1)A report under this division must be accompanied by a statutory declaration by the service provider and the auditor.
(2)The service provider’s declaration must be made—
(a)if the service provider is an individual—by the service provider; or
(b)if the service provider is a corporation—by an executive officer of the corporation.
(3)The service provider’s declaration must state that the service provider—
(a)has not knowingly given any false or misleading information to the auditor; and
(b)has given all relevant information to the auditor.
(4)The auditor’s declaration must—
(a)state the auditor’s qualifications and experience relevant to the audit; and
(b)state that the auditor has not knowingly included any false, misleading or incomplete information in the report; and
(c)state that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and
(d)certify that—
(i)the report addresses the relevant matters for the evaluation and is factually correct; and
(ii)the opinions expressed in it are honestly and reasonably held.

s 109 amd 2014 No. 16 s 63

110Spot audits of plans

(1)Subsection (2) applies if—
(a)the regulator is satisfied, or reasonably believes—
(i)a service provider is not complying with its drinking water quality management plan; or
(ii)a service provider’s drinking water quality management plan is no longer adequate for its registered services; or
(b)a service provider does not—
(i)prepare a drinking water quality management plan audit report under section 108(1)(b); or
(ii)give the regulator the report under section 108(1)(c).
(2)In addition to any regular audit mentioned in section 108, the regulator may, by giving a service provider a show cause notice, arrange for a spot audit report to be prepared about the service provider’s drinking water quality management plan.
(3)The spot audit report for a drinking water quality management plan must be prepared by a person who—
(a)is certified under the Drinking Water-Quality Management System Auditor Certification Scheme to conduct an audit of the type to which the report relates; or
(b)has a qualification the regulator is satisfied is at least equivalent to the qualification mentioned in paragraph (a).
(4)The regulator must give the service provider a copy of the report within 30 business days after its completion.
(5)Subsections (6) to (8) apply if the report states either or both of the following—
(a)the service provider’s drinking water quality management plan is inadequate in a material particular;
(b)the service provider has not properly carried out the plan.
(6)The regulator must give the service provider an information notice requiring the service provider, within the reasonable period stated in the notice—
(a)if subsection (5)(a) applies—to rectify the inadequacy; or
(b)if subsection (5)(b) applies—to properly carry out the plan.
(7)The service provider must comply with the notice unless the service provider has a reasonable excuse.

Maximum penalty—1,665 penalty units.

(8)The regulator may recover from the service provider an amount equal to the cost of completing the report.

s 110 amd 2014 No. 16 s 64

111Declarations about spot audit report

(1)The spot audit report submitted to the regulator must be accompanied by a statutory declaration by the auditor.
(2)The declaration must state the matters mentioned in section 109(4).

112Access for conducting audit reports

(1)For conducting an audit under this division, a service provider must give the following persons free and uninterrupted access to the service provider’s infrastructure and any records relating to the infrastructure—
(a)the auditor;
(b)any person employed or authorised by the auditor to participate in conducting the audit.

Maximum penalty—200 penalty units.

(2)However, the auditor and any person employed or authorised by the auditor to participate in the conduct of the audit must not enter the premises of a customer of the service provider unless the customer agrees to the entry.
(3)If the service provider is the prescribed related entity of the relevant infrastructure owner, subsection (1) also applies to the owner as if the reference in the subsection to a service provider were a reference to the owner.

s 112 amd 2013 No. 23 s 336; 2014 No. 16 s 101 sch 1

Subdivision 1 [Repealed]

(Repealed)

ch 2 pt 4 div 2 sdiv 1 hdg om 2014 No. 16 s 56

Subdivision 2 [Repealed]

(Repealed)

ch 2 pt 4 div 2 sdiv 2 hdg om 2014 No. 16 s 56

Subdivision 3 [Repealed]

(Repealed)

ch 2 pt 4 div 2 sdiv 3 hdg om 2014 No. 16 s 56

Subdivision 4 [Repealed]

(Repealed)

ch 2 pt 4 div 2 sdiv 4 hdg om 2014 No. 16 s 56

Subdivision 5 [Repealed]

(Repealed)

ch 2 pt 4 div 2 sdiv 5 hdg om 2014 No. 16 s 56

Division 3 Customer service standards

ch 2 pt 4 div 3 hdg (prev div 5 hdg) renum 2014 No. 16 s 101 sch 1

113Purpose of div 3

The purpose of this division is to ensure customers who do not have a contract with the service provider for the supply of registered services (a service contract) are protected by standards relating to the supply.

s 113 amd 2014 No. 16 s 101 sch 1

114Application of div 3

(1)This division applies to a service provider if the service provider does not have a service contract with all of its customers.
(2)Sections 118 and 119 do not apply to a service provider that is an agency to which the Ombudsman Act 2001 applies.
(3)This division, other than this subsection, does not apply to a service provider that is a distributor-retailer or a withdrawn SEQ council.

Note—

For the rights and obligations of customers of a distributor-retailer or a withdrawn SEQ council, see the South-East Queensland (Distribution and Retail Restructuring) Act 2009, chapter 4, part 4 and the customer water and wastewater code made under that Act.
(4)Also, this division does not apply to a service provider that is not a relevant service provider.

s 114 amd 2010 No. 53 s 209; 2012 No. 1 s 101; 2014 No. 16 s 65

115Preparing customer service standards

(1)The service provider must—
(a)prepare a proposed customer service standard for the supply of its registered service; and
(b)publish the proposed customer service standard.
(2)Any person may make submissions to the service provider about the proposed customer service standard within the period set by the service provider.
(3)The service provider must prepare the final customer service standard for the supply of its registered service after considering all submissions made to the provider about the proposed customer service standard.
(4)The service provider must prepare the final customer service standard under subsection (3) within 6 months after being registered as a service provider.

Note—

For a service provider that prepared a customer service standard before the commencement of this section, see section 661.

s 115 amd 2013 No. 23 s 337

sub 2014 No. 16 s 66

116Content of customer service standard

(1)The service provider’s customer service standard must state—
(a)a target for the level of service to be provided for the CSS KPIs; and
(b)the process for service connections, billing, metering, accounting, customer consultation, complaints and dispute resolution.
(2)If the service provider’s infrastructure contains separate schemes to which different CSS KPIs apply, the customer service standard may include different parts for each scheme.
(3)In this section—
CSS KPI, for a service provider, means only those KPIs, for the service provider, stated in a notice about the provider’s customer service standard given to the provider by the regulator under this section.

s 116 sub 2014 No. 16 s 66

117Complying with customer service standard

The service provider must comply with the customer service standard when supplying services to the service provider’s customers who do not have a service contract.

118Customer complaints

(1)This section applies if—
(a)a customer who does not have a service contract considers—
(i)there is a significant deficiency in the customer service standard; or
(ii)the service provider has not complied with the standard; and
(b)the customer can not resolve the complaint through negotiation with the service provider.
(2)The customer may give the regulator notice of the complaint.
(3)If the customer gives the regulator a notice under subsection (2), the regulator must—
(a)give the service provider a copy of the notice; and
(b)inquire into the matter.
(4)After inquiring into the matter, the regulator must give the service provider a notice—
(a)if the service provider has not complied with the service provider’s customer service standard—requiring the service provider to comply with the standard; or
(b)if the complaint highlights a deficiency in the standard—requiring the service provider to revise the standard; or
(c)if the regulator is satisfied no action is required in relation to the complaint—stating that the regulator will not take any further action.
(5)The notice is taken to be a compliance notice to which section 465(4) does not apply.
(6)The regulator must give the customer an information notice about the action taken under subsection (4).

119Revising customer service standard

If, under section 118, the regulator requires the service provider to revise the customer service standard, the service provider must revise the standard having regard to the complaint.

s 119 amd 2013 No. 23 s 338; 2014 No. 16 s 67

120Reviewing customer service standard

(1)The service provider must review the customer service standard at least every 5 years.
(2)If, because of the review, the service provider changes the standard, the service provider must comply with section 115.

s 120 amd 2013 No. 23 s 339; 2014 No. 16 s 68

121[Repealed]

s 121 om 2014 No. 16 s 69

122[Repealed]

s 122 amd 2012 No. 29 s 23

om 2014 No. 16 s 69

123[Repealed]

s 123 amd 2010 No. 20 s 125; 2012 No. 29 s 24; 2013 No. 23 s 340

om 2014 No. 16 s 69

124[Repealed]

s 124 om 2014 No. 16 s 69

125[Repealed]

s 125 sub 2010 No. 20 s 126

om 2014 No. 16 s 69

126[Repealed]

s 126 om 2014 No. 16 s 69

127[Repealed]

s 127 om 2014 No. 16 s 69

128[Repealed]

s 128 om 2014 No. 16 s 69

129[Repealed]

s 129 amd 2013 No. 23 s 341

om 2014 No. 16 s 69

130[Repealed]

s 130 om 2014 No. 16 s 69

131[Repealed]

s 131 om 2010 No. 20 s 127

132[Repealed]

s 132 amd 2012 No. 39 s 93

om 2014 No. 16 s 69

133[Repealed]

s 133 amd 2011 No. 8 s 117; 2012 No. 29 s 25

om 2014 No. 16 s 69

134[Repealed]

s 134 om 2014 No. 16 s 69

135[Repealed]

s 135 om 2014 No. 16 s 69

136[Repealed]

s 136 om 2014 No. 16 s 69

Division 4 Other service provider obligations

ch 2 pt 4 div 4 hdg (prev div 8 hdg) renum 2014 No. 16 s 101 sch 1

Subdivision 1 Residential premises

137Application of sdiv 1

This subdivision applies if—
(a)a water service provider provides a retail water service to residential premises; and
(b)the supply of water to the premises is measured and charged by the water service provider, or a related local government, only in relation to the premises; and
(c)the premises are not common property under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980.

138Guidelines for rate notice or account for supply of water to residential premises

(1)A rate notice or account issued by the water service provider, or the related local government, for the supply of water to the residential premises, must comply with guidelines made by the regulator.
(2)The guidelines may state—
(a)the frequency at which a rate notice or account must be issued for the supply of water to residential premises; and
(b)the type of information to be included in the rate notice or account about the volume of water supplied to the premises during each billing period for the premises.
(3)This section applies despite the requirements for levying rates under the Local Government Act.
(4)Subsection (5) applies for a service provider that is a withdrawn SEQ council.
(5)If there is any conflict between the guidelines and any requirement under the 2009 restructuring Act for a rate notice or account, the guidelines and subsection (1) do not apply to the extent of the conflict.

s 138 amd 2010 No. 20 s 128; 2009 No. 17 s 331 sch 1; 2012 No. 1 s 102; 2012 No. 39 s 94

139[Repealed]

s 139 amd 2009 No. 17 s 331 sch 1; 2012 No. 39 s 95

om 2014 No. 16 s 70

Subdivision 2 Premises with more than 1 sole-occupancy unit

140Service provider to give information about water usage

(1)This section applies to premises if—
(a)a building located on the premises includes more than 1 sole-occupancy unit; and
(b)after 1 January 2008 meters are installed in relation to a compliance request made under the repealed Plumbing and Drainage Act 2002 or under a permit under the Plumbing and Drainage Act 2018 after 31 December 2007—
(i)for measuring the supply of water to each sole-occupancy unit; and
(ii)on infrastructure that supplies retail water services for the premises.
(2)A rate notice or account issued by a water service provider or a related local government for the provision of a retail water service to the premises must—
(a)state the volume of water supplied through each meter during each billing period for the premises; and
(b)the amount of the total charge for the retail water service that relates to the volume of water supplied through each meter.
(3)In this section—
Building Code of Australia see the Building Act 1975, section 12.
premises does not include scheme land under the Body Corporate and Community Management Act 1997.
sole-occupancy unit, in relation to a building, means—
(a)a room or other part of the building for occupation by one or a joint owner, lessee, tenant, or other occupier to the exclusion of any other owner, lessee, tenant, or other occupier, including, for example—
(i)a dwelling; or
(ii)a room or suite of associated rooms in a building classified under the Building Code of Australia as a class 2, 4, 5, 6, 7 or 8 building; or
(b)any part of the building that is a common area.

s 140 amd 2018 No. 17 s 197 sch 2

Division 5 Reporting for particular financial years

ch 2 pt 4 div 5 hdg ins 2014 No. 16 s 71

141Notices about reports

(1)The regulator may give a relevant service provider a notice requiring the inclusion of information in the provider’s drinking water quality management plan report or performance report (a report requirement).
(2)A report requirement must state—
(a)for a drinking water quality management plan report—the information about compliance with the plan that must be included in the report; or
(b)for a performance report—
(i)the KPIs that must be included in the report; and
(ii)the way in which the report must include data for each KPI.

s 141 amd 2009 No. 9 s 136 sch 1; 2009 No. 17 s 331 sch 1; 2011 No. 8 s 118

sub 2014 No. 16 s 71

142Drinking water quality management plan reports

(1)This section applies for each financial year after a financial year in which a relevant service provider’s drinking water quality management plan has been approved.
(2)The provider must, unless the provider has a reasonable excuse—
(a)prepare a report (a drinking water quality management plan report) for the financial year complying with this section and, if section 142C(2) applies to the provider, that subsection; and
(b)give the regulator a copy of the report within 120 business days after the financial year ends.

Maximum penalty—500 penalty units.

(3)The report must state or include all of the following—
(a)the information required under the latest report requirement given to the provider;
(b)the actions the provider took to implement the plan;
(c)the outcome of any review of the plan in the financial year and how the provider has addressed matters raised in the review;
(d)if a drinking water quality management plan audit report has been prepared for the financial year—a summary of its findings and any recommendations;
(e)details of any information the provider gave the regulator under sections 102 and 102A in the financial year;
(f)details of the provider’s compliance with water quality criteria for drinking water;
(g)if the provider supplies drinking water to customers—details of any complaints to the provider about the provider’s drinking water service.

s 142 amd 2010 No. 20 s 129; 2011 No. 8 s 119; 2013 No. 23 s 342

sub 2014 No. 16 s 71

142APerformance reports

(1)This section applies for each financial year of a relevant service provider starting on or after the regulator gives the provider a notice requiring the provider to prepare performance reports.
(2)The provider must, unless the provider has a reasonable excuse—
(a)prepare a report (a performance report) for the financial year complying with this section and, if section 142C(2) applies to the provider, that subsection; and
(b)give the regulator a copy of the report on or before 1 October occurring immediately after the financial year ends.

Maximum penalty—500 penalty units.

(3)The report must be about the KPIs stated in the latest report requirement given to the provider and state or include all of the following—
(a)the provider’s performance for the financial year as measured against the KPIs;
(b)details of the targets for the level of service to be provided for the CSS KPIs under section 116;
(c)if a performance audit report has been prepared for the financial year—a summary of its findings and any recommendations;
(d)the data for each KPI, submitted in the way stated in the latest report requirement given to the provider;
(e)a report about—
(i)the implementation of any improvement plan; and
(ii)what actions the provider took because of any direction given to it under section 436(1)(a) during the financial year.
(4)The report may include a commentary on the performance, including any of the following—
(a)a matter that impacted on, improved or deteriorated performance;
(b)an issue of future concern identified through the report;
(c)any strategies to deal with issues of concern.

s 142A ins 2014 No. 16 s 71

142BSystem operating plan reports

(1)This section applies for each financial year of a relevant service provider starting after the one in which a system operating plan applying to the provider is made.
(2)The provider must, unless the provider has a reasonable excuse—
(a)prepare a report for the financial year complying with this section (a system operating plan report); and
(b)give the regulator a copy of the report within 120 business days after the financial year ends.

Maximum penalty—500 penalty units.

(3)The report must—
(a)be about the provider’s performance on the desired levels of service objectives and other obligations and requirements under the plan; and
(b)state measures of the performance.

s 142B ins 2014 No. 16 s 71

142CCommon provisions for reports

(1)Subsection (2) applies if a relevant service provider is the prescribed related entity of the relevant infrastructure owner.
(2)A drinking water quality management plan report or performance report by the provider must include, or be accompanied by, the owner’s written agreement to the report.
(3)Reports under this division may be combined, unless doing so would prevent compliance with a requirement under this division about when they must be given.

s 142C ins 2014 No. 16 s 71

142DApplication of division to chief executive

(1)An obligation under this division to prepare or give a report does not apply to the chief executive as a relevant service provider or service provider if—
(a)the chief executive includes the information required for the report in a report under the Financial Accountability Act 2009, section 63 (the FAA report); and
(b)the chief executive gives the regulator a copy of the FAA report within 30 business days after the Minister is given it.
(2)Subsection (1)(b) does not apply if the chief executive and the regulator are the same entity.

s 142D ins 2014 No. 16 s 71

Division 6 Water for fire fighting

ch 2 pt 4 div 6 hdg prev div 6 hdg om 2014 No. 16 s 69

pres div 6 hdg (prev div 10 hdg) renum 2014 No. 16 s 101 sch 1

143Application of div 6

This division applies to a service provider who provides a retail water service.

s 143 amd 2014 No. 16 s 101 sch 1

144No charge for water for firefighting purposes

(1)A water service provider must not make a charge for water taken from a firefighting system or a service provider’s hydrant for firefighting purposes.
(2)However, the service provider may fix either or both of the following to any private firefighting system—
(a)a meter;
(b)a seal.
(3)Within 24 hours after a seal is broken, the occupier of the premises must give the service provider written notice of the breaking unless the occupier has a reasonable excuse.

Maximum penalty for subsection (3)—20 penalty units.

145Water to be used only for firefighting purposes

(1)A person must not take water from a firefighting system or a service provider’s hydrant without the permission of the service provider unless the water is taken for firefighting purposes.

Note—

Under the Fire and Emergency Services Act 1990, section 53(2)(h), the Queensland Fire and Emergency Service may take water for firefighting purposes from any source whether natural or artificial.

Maximum penalty—1,000 penalty units.

(2)If a person is convicted of an offence against subsection (1), the service provider may recover from the person as a debt the amount of the loss or the reasonable cost of repairing any damage caused by the unlawful taking of the water.

s 145 amd 2014 No. 17 sch 1pt 4

Division 7 [Repealed]

(Repealed)

ch 2 pt 4 div 7 hdg om 2014 No. 16 s 69

Division 9 [Repealed]

(Repealed)

ch 2 pt 4 div 9 hdg om 2014 No. 16 s 71

Division 11 [Repealed]

ch 2 pt 4 div 11 hdg om 2014 No. 16 s 69

146[Repealed]

s 146 om 2014 No. 16 s 69

147[Repealed]

s 147 om 2014 No. 16 s 69

148[Repealed]

s 148 om 2014 No. 16 s 69

149[Repealed]

s 149 om 2014 No. 16 s 69

150[Repealed]

s 150 om 2014 No. 16 s 69

Part 5 Service areas

Division 1 Preliminary

160Definition for pt 5

In this part—
service provider, for a retail water service or sewerage service in a service area, means an entity declared under section 161 to be the service provider for the service in the service area.

Note—

See also the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, sections 53AQ and 92DB.

s 160 amd 2014 No. 16 s 37

sub 2019 No. 17 s 342

Division 2 Service areas

161Declaration of service area

(1)Subsection (2) applies if a local government, or a local government entity, supplies a reticulated water service or sewerage service in all or part of the local government area for the local government (a relevant area).
(2)The local government must, by resolution, declare—
(a)the relevant area to be a service area for the reticulated water service or the sewerage service; and
(b)the local government, or the local government entity, to be the service provider for the service in the service area.
(3)The declaration under subsection (2) must be made within 1 year after the local government, or the local government entity, first supplies the reticulated water service or the sewerage service in the relevant area.

Note—

See also section 676.
(4)Also, the local government may, by resolution, declare—
(a)all or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and
(b)a stated service provider to be the service provider for the service in the service area.
(5)A local government must not declare an entity, other than the local government or a local government entity, to be the service provider for a reticulated water service or sewerage service in all or part of the local government area for the local government unless the other entity agrees in writing to the declaration before the declaration is made.
(6)A local government may, by resolution, amend a declaration made under this section by adding an area to, or removing an area from, the service area.
(7)The local government must not amend a declaration made under this section without the written agreement of the service provider unless the service provider is the local government or a local government entity.
(8)A resolution under this section takes effect on—
(a)if the declaration states a day—the stated day; or
(b)otherwise—the day the declaration is made.
(9)A local government must not declare an area to be a service area for a retail water service or a sewerage service if the area is already a service area for a service of the same type.
(10)In this section—
reticulated water service
(a)means a water service that is the reticulation of water; but
(b)does not include—
(i)an irrigation service or bulk water service in any area; or
(ii)the supply of recycled water in any area.

s 161 sub 2019 No. 17 s 343

162Notice of declaration of service area

If a local government makes or amends a declaration under section 161, the local government must—
(a)publish a notice of the declaration or amendment; and
(b)make the notice available for inspection and purchase under the Local Government Act; and
(c)give the regulator a copy of the notice.

s 162 amd 2019 No. 17 s 344

163Map of service area

(1)The service provider for a registered service in a service area must keep a map showing, for the service—
(a)the limits of the service area; and
(b)the location of the service provider’s infrastructure.
(2)The service provider must—
(a)if the service provider is not the local government—give the local government a copy of the map; and
(b)update the map at least annually.

s 163 amd 2014 No. 16 s 101 sch 1

Division 3 Access to services in service areas

164Access to service in service area

(1)The service provider must, to the greatest practicable extent, ensure that—
(a)all premises in the service area are able to be connected directly and separately to the service provider’s infrastructure for the area; and
(b)if 2 or more premises are part of a premises group—the premises group, rather than each individual premises, is able to be connected, directly and separately to its infrastructure; and
(c)the infrastructure can deal with the service requirements of all premises in the service area; and
(d)for a retail water service—the design of its infrastructure allows for a connection point at or within the boundary of each premises connected to the service; and
(e)for a sewerage service—the design of its infrastructure allows for a connection point—
(i)at or within the boundary of each premises connected to the service; and
(ii)to the greatest practicable extent, at an invert level below ground level at which the sanitary drain or property sewer laid at minimum grade is capable of servicing the premises.
(2)A property service is part of the service provider’s infrastructure for a water service or sewerage service.

165Recovering cost of giving access to registered service

The service provider may recover from a customer the reasonable cost of complying with section 164 for the customer’s premises.

166When service provider not required to supply water in service area

(1)This section applies if—
(a)the owner of premises in the service area wants the service provider to supply water to the premises; and
(b)the service provider can not supply water from its infrastructure to the premises at a satisfactory pressure because of physical constraints.
(2)The service provider must supply water to the premises if the owner installs enough water storage tanks and pumps to ensure that water can be supplied at a satisfactory pressure and flow.
(3)The service provider may impose conditions on the installation of the water storage tanks and pumps, including, for example, a condition requiring that a pump installed on the supply side of a water storage tank does not cause negative pressures in the service provider’s water main.

Division 4 Connecting to particular registered services

ch 2 pt 5 div 4 hdg amd 2014 No. 16 s 38

167Owner may ask for connection to service provider’s infrastructure

(1)This section applies if an owner of premises in the service area asks the service provider to connect the owner’s premises to the service provider’s infrastructure.

Note—

For provisions that relate to distributor-retailers, see the 2009 restructuring Act, chapter 4C.
(2)The service provider must advise the owner of any work the service provider considers reasonably necessary to be carried out on the premises and any reasonable connection fee to enable the premises to be connected to the infrastructure.

Note—

If the work is development as defined under the Planning Act, that Act applies to the work.
(3)If the owner satisfactorily completes the work (including complying with any conditions for carrying out the work) and pays the connection fee, the service provider must connect the owner’s property to the infrastructure.
(4)This section does not apply to a service provider that is a distributor-retailer.

s 167 amd 2009 No. 36 s 872 sch 2; 2010 No. 20 s 130; 2014 No. 16 s 39; 2019 No. 17 s 345

168Notice requiring connection to registered service

(1)The service provider may, by notice given to the owner of premises in the service area, require the owner to carry out works for connecting the premises to a registered service.
(2)The notice must state—
(a)the work to be carried out on the premises to enable the service to be supplied; and

Note—

The Planning Act provides for the process of granting approvals for the work.
(b)a reasonable period, but not less than 20 business days, for completing the work; and
(c)that the work must be completed within the stated period or any extension of the period agreed to by the service provider; and
(d)anything else the owner must do to enable the service to be supplied.
(3)The owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)When the owner has satisfactorily completed the work, the service provider must connect the owner’s premises to the service provider’s infrastructure.
(5)This section does not apply to a service provider that is a distributor-retailer.

s 168 amd 2019 No. 17 s 346

Division 5 Restricting domestic water supply

169Restricting domestic water supply in particular circumstances

(1)This section applies if—
(a)premises are connected to a water service; and
(b)the owner or occupier of the premises—
(i)contravenes a service provider water restriction; or
(ii)does not pay the rate or charge for the service; and
(c)the owner or occupier has been given a notice not to continue to contravene the restriction or to pay the rate or charge; and
(d)the owner or occupier continues to contravene the restriction or refuses to pay the rate or charge; and
(e)the service provider is not a withdrawn SEQ council.

Note—

For withdrawn SEQ councils see the 2009 restructuring Act, section 99AT (Restricting water supply).
(2)The service provider may reduce the water supply to the premises to the minimum level necessary for the health and sanitation purposes of the owner or occupier.
(3)However, the service provider must not completely shut off the water supply to the premises.

s 169 amd 2012 No. 1 s 103; 2012 No. 39 s 96

Division 6 Water approvals under 2009 restructuring Act

ch 2 pt 5 div 6 hdg ins 2014 No. 16 s 41

170Definitions for div 6

In this division—
connection see the 2009 restructuring Act, schedule.
staged water connection see the 2009 restructuring Act, schedule.
water approval see the 2009 restructuring Act, schedule.

s 170 prev s 170 om 2014 No. 16 s 40

pres s 170 ins 2014 No. 16 s 41

171Water approvals—generally

Section 173 applies if—
(a)a water approval, other than a water approval for a staged water connection, attaches to land under the 2009 restructuring Act; and
(b)a person makes a connection under the water approval to the extent authorised under the approval.

s 171 ins 2014 No. 16 s 41

172Water approvals—staged water connections

Section 173 applies if—
(a)a water approval for a staged water connection attaches to land under the 2009 restructuring Act; and
(b)a person makes a connection under the water approval to the extent authorised under the approval.

s 172 ins 2014 No. 16 s 41

173Deemed consent or approval for water approvals

(1)For sections 191, 192, 193 and 195
(a)the distributor-retailer is taken to have given the person a written consent or written approval for the connection; and
(b)a condition of the approval under the 2009 restructuring Act is taken to be a condition of the written consent or written approval under this Act.
(2)However, for an approval for a staged water connection, the distributor-retailer is only taken to have given the person written consent or written approval for the stage of the approval mentioned in section 172(b).

s 173 ins 2014 No. 16 s 41

174Sections 174–179 not used

See editor’s note for section 1.

s 174 ins 2014 No. 16 s 41

Part 6 Trade waste and seepage water approvals

ch 2 pt 6 hdg amd 2011 No. 31 s 397

180Approvals for discharge of trade waste and seepage water

(1)A sewerage service provider may give a person 1 or both of the following approvals (each an approval) for the sewerage service provider’s sewerage infrastructure—
(a)an approval (a trade waste approval) to discharge trade waste into the sewerage infrastructure;
(b)an approval (a seepage water approval) to discharge seepage water into the sewerage infrastructure, other than seepage water from mining activities, or petroleum activities, within the meaning of the Environmental Protection Act 1994.
(2)However, an approval can not be given if the regulator has given the sewerage service provider a regulator notice prohibiting the provider from giving that type of approval.
(3)Before giving an approval, the sewerage service provider must consider the effect of the proposed discharge on any existing or potential re-use of waste water or sludge.
(4)The sewerage service provider may give an approval only if the sewerage service provider is satisfied—
(a)having regard to the amount, type and strength of the proposed discharge, the discharge will not harm the sewerage or the health and safety of anyone working on the sewerage; and
(b)the sewage treatment plant to treat the discharge is capable of treating the discharge to an acceptable standard.
(5)Also, if the sewerage service provider has a trade waste plan, the provider may give a trade waste approval only if satisfied the proposed discharge into the sewerage is consistent with the plan.
(6)In this section—
sludge means semi-liquid solids settled from sewage in septic tanks, arresters and sewage treatment plants.
trade waste plan, for a sewerage service provider, means a plan to manage and control trade waste entering into the provider’s sewerage.
waste water means the spent or used water of a community or industry that contains dissolved or suspended matter.

s 180 amd 2010 No. 20 s 131

sub 2011 No. 31 s 398

amd 2014 No. 16 s 72

181Approval may be conditional

(1)The sewerage service provider may give a trade waste approval or seepage water approval on conditions, including, for example, conditions about 1 or more of the following—
(a)the maximum daily quantity of trade waste or seepage water that may be discharged;
(b)the maximum permissible rate of the discharge;
(c)the permissible limits for the quality of the waste or seepage water, including limits for suspended solids, biochemical oxygen demand, acidity, alkalinity and salinity;
(d)whether the waste or seepage water must be treated before being discharged into the sewerage service provider’s sewerage;
(e)the appropriate management of polluted areas, including, for example, conditions requiring—
(i)the building of a roof over a stated area to prevent rainwater entering a sanitary drain or sewer; or
(ii)the paving of the floor of a stated area with an approved impervious material and to a stated grade to an outlet; or
(iii)the installation of an arrester or pre-treatment device;
(f)works that must be constructed to treat or store the waste or seepage water.
(2)If the regulator has given the sewerage service provider a regulator notice requiring the sewerage service provider to impose particular conditions on trade waste approvals or seepage water approvals, the provider must comply with the notice.

s 181 amd 2010 No. 20 s 132; 2011 No. 31 s 399

182Criteria for suspending or cancelling trade waste approval or seepage water approval

A sewerage service provider may suspend or cancel a trade waste approval or seepage water approval (the proposed action) if the sewerage service provider is satisfied—
(a)the approval holder has contravened a condition of the approval; or
(b)the approval holder has contravened a provision of this Act; or
(c)the approval is no longer appropriate because—
(i)for a trade waste approval—the circumstances under which trade wastes are generated by the holder have significantly changed since the approval was given; or
(ii)for a seepage water approval—there is no longer any seepage water to discharge into the provider’s sewerage infrastructure; or
(d)urgent action is necessary in the interests of public health or safety to prevent environmental harm or prevent damage to the sewerage service provider’s sewerage system.

s 182 amd 2010 No. 20 s 133; 2011 No. 31 s 400

183Suspending or cancelling trade waste approval or seepage water approval

(1)Before the sewerage service provider acts under section 182, the sewerage service provider must give the approval holder a show cause notice about the proposed action.
(2)If, after considering any properly made submissions by the approval holder, the sewerage service provider is still satisfied the proposed action should be taken, the sewerage service provider may—
(a)if the proposed action was to suspend the approval for a stated period—suspend the approval for not longer than the proposed suspension period; or
(b)if the proposed action was to cancel the approval—either cancel the approval or suspend it for a period.
(3)Within 30 business days after making a decision under subsection (2), the sewerage service provider must give the approval holder an information notice about the decision.
(4)If, after considering any properly made submissions by the approval holder, the sewerage service provider is not satisfied the proposed action should be taken, the sewerage service provider must give the approval holder a notice about the decision.
(5)A decision under subsection (2), takes effect on the later of the following—
(a)the day the information notice is received by the approval holder;
(b)the day stated in the notice.

s 183 amd 2010 No. 20 s 134; 2011 No. 31 s 401

184Immediate suspension or cancellation

(1)Despite section 183(1), the sewerage service provider may suspend or cancel a trade waste approval or seepage water approval without giving a show cause notice if the sewerage service provider considers urgent action is necessary—
(a)in the interests of public health or safety; or
(b)to prevent environmental harm; or
(c)to prevent damage to the sewerage service provider’s sewerage system.
(2)Also, a sewerage service provider must cancel a trade waste approval or seepage water approval given by the sewerage service provider if the sewerage service provider has been given a regulator notice prohibiting the sewerage service provider from giving the trade waste approval or seepage water approval.
(3)If the sewerage service provider acts under subsection (1) or (2), the sewerage service provider must give the approval holder an information notice about the action.

s 184 amd 2010 No. 20 s 135; 2011 No. 31 s 402

185Amending trade waste approval or seepage water approval

(1)This section applies if—
(a)a sewerage service provider receives a regulator notice stating conditions the sewerage service provider must impose on a trade waste approval or seepage water approval; and
(b)a trade waste approval or seepage water approval that has been given by the sewerage service provider is not consistent with the conditions mentioned in paragraph (a).
(2)The sewerage service provider must, by notice given to the approval holder, amend the approval to ensure it is consistent with the conditions mentioned in subsection (1)(a).
(3)The notice must, for the purpose of subsection (2)—
(a)if the approval is subject to conditions—state how the conditions of the approval are amended; and
(b)state any other conditions to which the approval is subject.
(4)If the sewerage service provider gives an approval holder a notice under this section, the approval is taken to be amended in the way stated in the notice when the notice is given.

s 185 amd 2010 No. 20 s 136; 2011 No. 31 s 403

186Sections 186–189 not used

See editor’s note for section 1.

Part 7 Offences

190Supplying unauthorised services

An entity must not supply a sewerage or water service unless the entity—
(a)is a service provider for the service; or
(b)is operating infrastructure for the service provider for the service.

Maximum penalty—1,000 penalty units.

Note—

This provision is an executive liability provision—see section 487.

s 190 amd 2013 No. 23 s 343; 2013 No. 51 s 229 sch 1

191Connecting to or disconnecting from service provider’s infrastructure without approval

A person must not, without the written consent of a service provider, connect to, or disconnect from, the service provider’s infrastructure.

Maximum penalty—1,000 penalty units.

192Interfering with service provider’s infrastructure

(1)A person must not, without the written consent of a service provider, interfere with a service provider’s infrastructure.

Maximum penalty—1,000 penalty units.

(2)A person must not, without the written consent of a service provider, build over, interfere with access to, increase or reduce the cover over, or change the surface of land in a way causing ponding of water over an access chamber for, a service provider’s infrastructure.

Maximum penalty—500 penalty units.

(3)However, despite subsections (1) and (2), a person does not require the written consent of the service provider if the person carries out building work for a building or structure on a lot that contains, or is adjacent to a lot that contains, a sewer or water main of the service provider.
(4)In this section—
building see the Building Act 1975, schedule 2.
building work see the Building Act 1975, section 5.
structure see the Building Act 1975, schedule 2.

s 192 amd 2013 No. 30 s 8

193Discharging particular substances

(1)A person must not discharge trade waste or seepage water into a sewerage service provider’s infrastructure without the sewerage service provider’s approval under section 180.

Maximum penalty—1,665 penalty units.

Note—

A sewerage service provider can not give a person an approval, under section 180, to discharge seepage water from a mining activity or petroleum activity, within the meaning of the Environmental Protection Act 1994, into sewerage infrastructure.
(2)A person must not discharge a prohibited substance, surface water, soil, sand or rock into a service provider’s infrastructure.

Maximum penalty—1,665 penalty units.

(3)A person must not discharge water from an ornamental pond, a swimming pool or the filtration system of a swimming pool into a service provider’s infrastructure without the written consent of the service provider.

Maximum penalty—500 penalty units.

s 193 amd 2010 No. 20 s 137; 2011 No. 31 s 404

194Polluting water

A person must not do anything likely to pollute water in a service provider’s water service.

Maximum penalty—1,000 penalty units.

195Taking water without approval

(1)A person must not, without a service provider’s written approval, take water from a service provider’s infrastructure.

Maximum penalty—1,000 penalty units.

(2)If water is supplied to premises by a service provider’s infrastructure for domestic purposes, a person must not, without the service provider’s written approval, take water from a supply pipe on the premises for use off the premises, other than for the domestic purposes of the owner or occupier of the premises.

Maximum penalty—1,000 penalty units.

(3)However, a person may take water from a service provider’s infrastructure—
(a)for firefighting purposes; or
(b)if the water is supplied for general public use.

Chapter 3 Recycled water management

Part 1A Recycled water schemes

ch 3 pt 1A hdg ins 2014 No. 16 s 73

Division 1 Registration

ch 3 pt 1A div 1 hdg ins 2014 No. 16 s 73

196AA Requirement to seek registration

(1)The relevant entity for a recycled water scheme must apply for registration of the scheme before the deadline.

Maximum penalty—500 penalty units.

(2)In this section—
deadline, for a relevant entity for a recycled water scheme, means—
(a)if an entity must have an approved recycled water management plan for the scheme under section 196—before supplying recycled water under the scheme; or
(b)otherwise—the day that is 3 months after first supplying recycled water under the scheme.

Note—

For recycled water schemes in existence before the commencement of this section, the deadline is 1 July 2014. See section 664.

s 196AA ins 2014 No. 16 s 73

amd 2014 No. 31 s 22

196AB Registration application

(1)An application to register a scheme mentioned in section 196AA must be—
(a)made to the regulator in the approved form; and
(b)supported by sufficient information to enable the regulator to register the scheme; and
(c)accompanied by the fee prescribed under a regulation.
(2)The regulator may require the relevant entity to give additional information about the application.
(3)The regulator may require the information included in the application, or the additional information required under subsection (2), to be verified by statutory declaration.

s 196AB ins 2014 No. 16 s 73

196AC Registration of recycled water scheme

(1)This section applies if the regulator is satisfied—
(a)an application complies with section 196AB(1); and
(b)any requirement for the application, made under section 196AB(2) or (3), has been complied with.
(2)The regulator must—
(a)register the recycled water scheme applied for; and
(b)give notice of the registration to the relevant entity.
(3)The registration takes effect the day the regulator registers the recycled water scheme under subsection (2)(a).

s 196AC ins 2014 No. 16 s 73

Division 2 Changing registration details

196AD Applying to change details of registration

(1)The relevant entity for a recycled water scheme registered under division 1 must apply to change the details of the registration if the details of the registration recorded in the register have changed.
(2)The application must be made to the regulator in the approved form.
(3)On receiving the application the regulator must—
(a)record the change in the register; and
(b)give the relevant entity notice confirming the change to the register.
(4)In this section—
register means the register of recycled water schemes kept under section 12A.

196AE Applying to cancel registration

(1)The relevant entity for a recycled water scheme registered under division 1 may apply to cancel the registration if recycled water is no longer supplied under the scheme.
(2)The application must be made to the regulator in the approved form.
(3)On receiving the application the regulator must—
(a)record the cancellation in the register; and
(b)give the relevant entity a notice confirming the cancellation.
(4)In this section—
register means the register of recycled water schemes kept under section 12A.

Part 1 Particular offences

196Offence about supplying recycled water without approved recycled water management plan

(1)This section applies for a supply of recycled water under a recycled water scheme if—
(a)the scheme is a critical recycled water scheme; or
(b)the recycled water is supplied to augment a supply of drinking water; or
(c)the recycled water is supplied to premises by way of a dual reticulation system; or
(d)the recycled water is supplied for use in irrigating minimally processed food crops; or
(e)the recycled water is supplied for a use prescribed under a regulation.
(2)The recycled water provider for a single-entity recycled water scheme must not supply the recycled water under the scheme, unless there is an approved recycled water management plan for the supply of the water.

Maximum penalty—1,665 penalty units.

(3)A recycled water provider or other declared entity for a multiple-entity recycled water scheme must not supply the recycled water under the scheme, unless there is an approved recycled water management plan for the supply of the water.

Maximum penalty—1,665 penalty units.

(4)In this section—
minimally processed food crops means crops stated to be minimally processed food crops, in relation to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.

s 196 amd 2013 No. 51 s 229 sch 1

sub 2014 No. 16 s 74

amd 2014 No. 31 s 23

197Offences about compliance with recycled water management plan

(1)This section applies for an approved recycled water management plan only if a recycled water provider is required to have the plan under section 196(2) or (3).
(2)A recycled water provider who has an approved recycled water management plan for the provider’s single-entity recycled water scheme must comply with—
(a)the plan; and
(b)the conditions of the plan.

Maximum penalty—1,665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.
(3)The scheme manager and each recycled water provider or other declared entity for a multiple-entity recycled water scheme must comply with—
(a)the approved recycled water management plan for the scheme to the extent it applies to the scheme manager, recycled water provider or other entity; and
(b)the conditions of the plan to the extent the conditions apply to the scheme manager, recycled water provider or other entity.

Maximum penalty—1,665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.

s 197 amd 2013 No. 51 s 229 sch 1; 2014 No. 16 s 75

198[Repealed]

s 198 sub 2010 No. 53 s 210

amd 2013 No. 51 s 229 sch 1

om 2014 No. 31 s 24

199[Repealed]

s 199 ins 2010 No. 53 s 210

om 2014 No. 31 s 24

Part 2 Recycled water management planning

200Purpose of recycled water management plan

The purposes of a recycled water management plan are—
(a)if the plan is for a critical recycled water scheme—
(i)to protect public health; and
(ii)if applicable, to ensure the continuity of operation of the scheme; or
(b)otherwise—to protect public health.

s 200 amd 2010 No. 53 s 211

201Content of particular plans

(1)A recycled water management plan must—
(a)describe the recycled water scheme to which the plan relates; and
(b)include details of the infrastructure for the production or supply of recycled water under the scheme, and how the infrastructure is to be maintained; and
(c)include the proposed water quality criteria for recycled water for the plan; and
(d)identify the hazards and hazardous events that may affect the quality of the recycled water; and
(e)include an assessment of the risks posed by the hazards and hazardous events; and
(f)demonstrate how the risks posed by the hazards and hazardous events are proposed to be managed; and
(g)include details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for recycled water for the plan; and
(h)include the incident and emergency response plan for the scheme; and
(i)if recycled water is supplied under the recycled water scheme to premises by way of a dual reticulation system—include details of an education and risk awareness program for customers of the scheme.
(2)Also, a recycled water management plan for a multiple-entity recycled water scheme must include—
(a)a scheme manager plan prepared by the scheme manager for the scheme; and
(b)each scheme provider plan prepared by each recycled water provider and other declared entity for the scheme.
(3)A recycled water management plan, scheme manager plan and scheme provider plan must be prepared in accordance with any guidelines made by the regulator about—
(a)preparing recycled water management plans; and
(b)validating recycled water schemes.

s 201 amd 2009 No. 46 s 137; 2010 No. 20 s 138; 2010 No. 53 s 212; 2013 No. 23 s 344

sub 2014 No. 16 s 76

amd 2014 No. 31 s 25

201A[Repealed]

s 201A ins 2010 No. 53 s 213

om 2014 No. 31 s 26

202Application for approval of recycled water management plan

(1)If, under section 196, a relevant entity for a recycled water scheme must have an approved recycled water management plan for the supply of recycled water under the scheme, the entity must apply to the regulator for approval of a recycled water management plan for the scheme.
(2)An application under this section must—
(a)be in the approved form; and
(b)be accompanied by—
(i)a copy of the recycled water management plan; and
(ii)the fee prescribed under a regulation.
(3)Subsection (4) applies if, under a recycled water scheme, recycled water is proposed to be supplied to augment a supply of drinking water.
(4)Despite subsection (1), a relevant entity for the recycled water scheme must not apply for approval of the recycled water management plan for the scheme unless there is an approved validation program for the scheme.

s 202 amd 2010 No. 53 s 214; 2014 No. 16 s 77; 2014 No. 31 s 27

203Additional information may be required

(1)The regulator may, by notice given to the relevant entity, require—
(a)the entity to give additional information about the recycled water management plan, including, for example, information about arrangements relating to the supply of recycled water under the scheme; or
(b)any information included in the plan, or any additional information required under paragraph (a), to be verified by statutory declaration.
(2)If the relevant entity fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.
(3)A requirement under this section is an information requirement.
(4)In this section—
relevant entity, in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.

204Regulator may obtain advice about application

The regulator may obtain advice from an advisory council or any other entity the regulator considers appropriate before deciding the application.

205Consideration of application

(1)The regulator must consider each application and decide to approve, with or without conditions (regulator conditions), or refuse to approve, the recycled water management plan—
(a)if an information requirement is not made in relation to the plan—within 80 business days after receiving the plan; or
(b)if an information requirement is made in relation to the plan—within 80 business days after the requirement has been complied with.
(2)In considering an application, the regulator must have regard to the following—
(a)the recycled water management plan and any additional information about the plan given to the regulator under section 203;
(b)the guidelines, if any, made by the regulator about preparing recycled water management plans and validating recycled water schemes;
(c)the approved validation program for the recycled water scheme to which the plan relates, if the scheme involves the supply of recycled water to augment a supply of drinking water;
(d)any advice obtained by the regulator under section 204;
(e)the water quality criteria for recycled water.

s 205 amd 2010 No. 53 s 215; 2014 No. 31 s 28

206Notice of decision

(1)Within 10 business days after deciding the application, the regulator must give the relevant entity—
(a)if the decision is to approve the recycled water management plan without regulator conditions—notice of the decision; or
(b)if the decision is to approve the plan with regulator conditions, or refuse to approve the plan—an information notice for the decision.
(2)If the regulator approves the recycled water management plan, the notice of the decision or information notice for the decision must state all of the following—
(a)the regulator conditions, if any, of the approval;
(b)the intervals at which regular reviews of the approved plan must be conducted;
(c)the intervals at which internal audits of the approved plan must be conducted;
(d)the intervals at which regular audits of the approved plan must be conducted.
(3)An interval mentioned in subsection (2)(b) or (c) must not be less than—
(a)if any part of the recycled water management plan is for a critical recycled water scheme—1 year; or
(b)otherwise—2 years.
(4)An interval mentioned in subsection (2)(d) is the interval decided by the regulator.

s 206 amd 2010 No. 20 s 139; 2010 No. 53 s 216; 2014 No. 31 s 29

207When regulator must not approve recycled water management plan

(1)This section applies to a recycled water scheme if—
(a)recycled water is proposed to be supplied under the scheme to augment a supply of drinking water; and
(b)the supply of the recycled water is into a water storage of a drinking water service provider that, under chapter 2, part 4, division 1, must have a drinking water quality management plan.
(2)The regulator must not approve the recycled water management plan for the recycled water scheme unless there is an approved drinking water quality management plan for the water storage.

s 207 amd 2010 No. 53 s 217; 2014 No. 16 s 101 sch 1; 2014 No. 31 s 30

208Statutory condition of approved recycled water management plans

(1)An approved recycled water management plan for a single-entity recycled water scheme is subject to the conditions stated in subsections (2) and (3).
(2)If the recycled water provider for the scheme stops or intends to stop the production or supply of recycled water under the scheme, other than as provided for under the recycled water management plan or permanently, the provider must as soon as practicable give the regulator notice of the stoppage or proposed stoppage.
(3)If the recycled water provider for the scheme becomes aware that an entity to whom the provider supplies recycled water is using the water other than in a way or for the purpose provided for under the plan, the provider must stop supply of the water to the entity.
(4)An approved recycled water management plan for a multiple-entity recycled water scheme is subject to the conditions stated in subsections (5) and (6).
(5)If a recycled water provider or other declared entity for the scheme stops or intends to stop the production or supply of recycled water under the scheme, other than as provided for under the recycled water management plan or permanently, the scheme manager for the scheme must as soon as practicable give the regulator notice of the stoppage or proposed stoppage.
(6)If a recycled water provider or other declared entity for the scheme becomes aware that an entity to whom the provider or declared entity supplies recycled water is using the water other than in a way or for the purpose provided for under the plan, the provider or declared entity must stop supply of the water to the entity.

Note—

For when a notice must be given to the regulator if supply of recycled water is to stop permanently, see section 230.

209Amending recycled water management plan by agreement

(1)The relevant entity for a recycled water scheme may, with the regulator’s agreement, amend the recycled water management plan for the scheme if the amendment—
(a)is only to correct a minor error in the plan or make another change that is not a change of substance; or
(b)is to record a change of name or change of ownership of—
(i)for a single-entity recycled water scheme—the recycled water provider for the scheme; or
(ii)for a multiple-entity recycled water scheme—the scheme manager, a recycled water provider or other declared entity for the scheme.
(2)The recycled water management plan as amended is taken to be the approved recycled water management plan.

210Amendment of recycled water management plan for single-entity recycled water scheme—requirement of regulator

(1)The regulator may, under this section, require the recycled water provider for a single-entity recycled water scheme to amend the recycled water management plan for the scheme if the regulator is satisfied the amendment is required—
(a)if the scheme is a critical recycled water scheme—
(i)to protect public health; or
(ii)to ensure the continuity of operation of the scheme; or
(b)otherwise—to protect public health.
(2)Before requiring the recycled water provider to amend the recycled water management plan, the regulator must give the provider a show cause notice about the proposed amendment.
(3)If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must—
(a)give the recycled water provider a notice requiring the provider—
(i)to amend the recycled water management plan in the way stated in the notice; and
(ii)to give the regulator, within the reasonable period of at least 30 business days stated in the notice, a copy of the amended plan for approval; and
(b)give the provider an information notice for the decision.
(4)The recycled water provider must comply with the notice mentioned in subsection (3)(a).

Maximum penalty—1,665 penalty units.

(5)If the regulator is satisfied the recycled water management plan has been amended in the way stated in the notice mentioned in subsection (3)(a)—
(a)the plan as amended is taken to be the approved plan; and
(b)the regulator must give the recycled water provider notice that the plan as amended is taken to be the approved plan.
(6)The amended recycled water management plan takes effect from the day the notice mentioned in subsection (5)(b) is given to the recycled water provider.
(7)If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the recycled water provider notice that the plan need not be amended.

s 210 amd 2010 No. 53 s 218

211Amendment of recycled water management plan for multiple-entity recycled water scheme—requirement of regulator

(1)The regulator may, under this section, require a scheme manager or a declared entity for a multiple-entity recycled water scheme to amend the manager’s scheme manager plan or the entity’s scheme provider plan for the scheme if the regulator is satisfied the amendment is required—
(a)if the scheme is a critical recycled water scheme—
(i)to protect public health; or
(ii)to ensure the continuity of operation of the scheme; or
(b)otherwise—to protect public health.
(2)Before requiring the scheme manager or declared entity to amend the scheme manager plan or scheme provider plan, the regulator must—
(a)give the manager or entity a show cause notice about the proposed amendment; and
(b)give a copy of the show cause notice to—
(i)for an amendment to a scheme manager plan—each declared entity for the scheme; and
(ii)for an amendment to a scheme provider plan—the scheme manager for the scheme and any other declared entity for the scheme.
(3)If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must—
(a)give the scheme manager or declared entity a notice requiring the manager or entity to amend the manager’s or entity’s scheme manager plan or scheme provider plan in the way stated in the notice; and
(b)give the scheme manager or declared entity, and any other entity that gave the regulator a properly made submission about the amendment, an information notice for the decision.
(4)The scheme manager or declared entity must comply with the notice mentioned in subsection (3)(a).

Maximum penalty—1,665 penalty units.

(5)If a scheme manager plan or scheme provider plan for a multiple-entity recycled water scheme is amended as required under this section, the scheme manager for the scheme must as soon as practicable give the regulator a copy of the amended recycled water management plan for the scheme.

Maximum penalty—200 penalty units.

Note—

A recycled water management plan for a multiple-entity recycled water scheme consists of the scheme manager plan, and each scheme provider plan, for the scheme.
(6)If the regulator is satisfied the recycled water management plan has been amended in the way stated in the notice mentioned in subsection (3)(a)—
(a)the plan as amended is taken to be the approved plan; and
(b)the regulator must give the scheme manager for the recycled water scheme to which the plan relates notice that the plan as amended is taken to be the approved plan.
(7)The amended recycled water management plan takes effect from the day the notice mentioned in subsection (6)(b) is given to the scheme manager.
(8)If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the scheme manager and each declared entity for the scheme notice that the plan need not be amended.

s 211 amd 2010 No. 53 s 219

212Amendment of recycled water management plan—application

(1)This section applies if a recycled water management plan for a recycled water scheme is proposed to be amended other than under section 209, 210 or 211.
(2)The relevant entity for the recycled water scheme must apply to the regulator for approval of the proposed amended recycled water management plan.
(3)Sections 202(2), (3) and (4), and 203 to 208 apply to the application—
(a)as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and
(b)as if a reference in the sections to the plan were a reference to the amended plan.

213Suspending or cancelling recycled water management plan if regulator is satisfied about particular matters

(1)The regulator may suspend or cancel a recycled water management plan (the proposed action) if the regulator is satisfied or reasonably believes the relevant entity or a declared entity (each the responsible entity) for the recycled water scheme to which the plan relates has not complied with—
(a)the plan; or
(b)a condition of the plan; or
(c)a compliance notice.
(2)Before acting under subsection (1), the regulator must—
(a)give the responsible entity a show cause notice about the proposed action; and
(b)for a multiple-entity recycled water scheme, give a copy of the show cause notice to—
(i)the scheme manager for the scheme, if the scheme manager is not the responsible entity; and
(ii)each declared entity for the scheme that is not the responsible entity.
(3)If, after considering any properly made submissions about the proposed action, the regulator decides the proposed action should be taken, the regulator may—
(a)if the proposed action was to suspend the recycled water management plan—suspend the plan; or
(b)if the proposed action was to cancel the plan—either cancel the plan or suspend it.
(4)If a recycled water management plan is suspended under this section, the suspension ends when the resumption of supply of recycled water under the recycled water scheme to which the plan relates is taken to be approved under section 215.
(5)Within 10 business days after making a decision under subsection (3), the regulator must give an information notice for the decision to—
(a)if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or
(b)if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager for the scheme.
(6)If, after considering any properly made submissions about the proposed action, the regulator decides the proposed action should not be taken, the regulator must give notice of the decision to—
(a)if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or
(b)if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager for the scheme.
(7)The notice under subsection (6) must be given within 10 business days after the decision is made.
(8)A decision under subsection (3) takes effect on the day the information notice for the decision is given.

214Suspending recycled water management plan if production or supply of recycled water stops

(1)The regulator may, by notice given to the relevant entity for a recycled water scheme, suspend the recycled water management plan for the scheme if the regulator—
(a)has received notice under section 208 that the production or supply of recycled water under the scheme has stopped or is to stop; and
(b)is satisfied the production or supply of recycled water under the scheme has stopped.
(2)If a recycled water management plan is suspended under this section, the suspension ends when the resumption of supply of recycled water under the recycled water scheme to which the plan relates is taken to be approved under section 215.
(3)The suspension takes effect on the day the notice is given.

215Application to resume supply

(1)If a recycled water management plan has been suspended under this part, the relevant entity for the recycled water scheme to which the plan relates may apply to the regulator for an approval to resume supply of recycled water under the scheme.
(2)The application must—
(a)be in the approved form; and
(b)be supported by enough information to enable the regulator to decide the application; and
(c)be accompanied by the fee prescribed under a regulation.
(3)Sections 203 and 204 apply to the application—
(a)as if a reference in the sections to the recycled water management plan were a reference to the suspended recycled water management plan; and
(b)as if a reference in the sections to the plan were a reference to the suspended plan.
(4)After considering the application, and any matter the regulator considers relevant to the application, the regulator must as soon as practicable decide—
(a)to approve the application without conditions; or
(b)to approve the application on the condition that—
(i)the validation program for the scheme is undertaken; and
(ii)the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and
(iii)the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii); or
(c)for a recycled water scheme that is a single-entity recycled water scheme—to refuse to approve the application, and direct the recycled water provider for the scheme—
(i)to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and
(ii)apply to the regulator, under this part, for approval of the amended plan; or
(d)for a recycled water scheme that is a multiple-entity recycled water scheme—to refuse to approve the application, and direct—
(i)the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and
(ii)the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or
(e)to refuse to approve the application.
(5)Within 10 business days after deciding the application, the regulator must give the relevant entity—
(a)if the decision is to approve the application under subsection (4)(a)—notice of the decision; and
(b)if the decision is to approve the application under subsection (4)(b), or refuse to approve the application under subsection (4)(c), (d) or (e)—an information notice for the decision.
(6)The resumption of supply of recycled water under the recycled water scheme is taken to be approved under this section—
(a)if the decision is to approve the application under subsection (4)(a)—when the notice of the decision is given to the relevant entity; or
(b)if the decision is to approve the application under subsection (4)(b)—when the regulator gives the relevant entity a notice stating the regulator is satisfied the testing of plant and equipment under the validation program for the scheme shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; or
(c)if the decision is to refuse to approve the application under subsection (4)(c) or (d)—when the amended recycled water management plan for the scheme has been approved under this part.
(7)Sections 202(2), (3) and (4), and 203 to 208 apply to an application for approval of the amended plan—
(a)as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and
(b)as if a reference in the sections to the plan were a reference to the amended plan.

216Sections 216–229 not used

See editor’s note for section 1.

Part 3 Notice about permanently stopping supply of recycled water

230Notice about permanently stopping supply of recycled water

(1)Subsection (2) applies if a recycled water provider for a recycled water scheme that is not a critical recycled water scheme proposes to permanently stop the supply of recycled water under the scheme.
(2)The recycled water provider must give the regulator notice of the proposed stoppage at least 30 days before supply of the recycled water is stopped, unless the provider has a reasonable excuse for not giving the notice.

Maximum penalty—200 penalty units.

(3)Subsection (4) applies if—
(a)a recycled water provider or other declared entity for a critical recycled water scheme proposes to permanently stop the supply of recycled water by the provider or entity under the scheme; and
(b)there is no other entity willing to take over the operation of all or part of the scheme to ensure the continued production and supply of recycled water under the scheme.
(4)The relevant entity for the critical recycled water scheme must give the regulator notice of the proposed stoppage at least 60 days before supply of the recycled water is stopped, unless the relevant entity has a reasonable excuse for not giving the notice.

Maximum penalty—1,665 penalty units.

(5)A notice under subsection (2) or (4) must—
(a)be in the approved form; and
(b)state the day by which the supply of recycled water is proposed to stop.
(6)The regulator may require—
(a)the relevant entity for the recycled water scheme to give the regulator additional information about the notice; or
(b)any information included in the notice, or any additional information required under paragraph (a), to be verified by statutory declaration.
(7)If the relevant entity fails, without reasonable excuse, to comply with a requirement under subsection (6) within the reasonable period stated in the notice, the notice given by the entity under subsection (2) or (4) is of no effect.
(8)If the supply of recycled water under the recycled water scheme continues after the day stated in the notice, the notice ceases to have effect as a notice given under subsection (2) or (4).
(9)If the supply of the recycled water under the recycled water scheme stops, the relevant entity for the recycled water scheme must give the regulator notice of the stoppage within 5 days after the supply stops.
(10)The notice must—
(a)be in the approved form; and
(b)state the day on which the supply of recycled water stopped.
(11)In this section—
relevant entity, in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.

231Cancelling recycled water management plan on receipt of notice under s 230

If the regulator receives a notice under section 230(5), the regulator may—
(a)cancel the recycled water management plan for the recycled water scheme to which the notice relates; and
(b)give the relevant entity for the scheme notice of the cancellation.

232Sections 232–234 not used

See editor’s note for section 1.

Part 4 Validation programs

235Application of pt 4

This part applies to a recycled water scheme if recycled water is proposed to be supplied under the scheme to augment a supply of drinking water.

s 235 amd 2010 No. 53 s 220; 2014 No. 31 s 31

236Preparing validation program

(1)If the recycled water scheme is a single-entity recycled water scheme, the recycled water provider for the scheme must prepare a validation program for the scheme for approval by the regulator.
(2)If the recycled water scheme is a multiple-entity recycled water scheme, the scheme manager and each declared entity for the scheme must prepare a validation program for the scheme for approval by the regulator.
(3)The validation program must—
(a)describe the recycled water scheme to which the program relates; and
(b)describe the infrastructure for the production and supply of recycled water under the scheme; and
(c)be prepared in accordance with the guidelines, if any, made by the regulator about validating recycled water schemes.

237Application for approval of validation program

(1)The relevant entity for the recycled water scheme must apply to the regulator for approval of the validation program.
(2)The application must—
(a)be in the approved form; and
(b)be accompanied by—
(i)a copy of the validation program; and
(ii)the fee prescribed under a regulation.

238Additional information may be required

(1)The regulator may, by notice given to the relevant entity, require—
(a)the entity to give additional information about the validation program; or
(b)any information included in the program, or any additional information required under paragraph (a), to be verified by statutory declaration.
(2)If the relevant entity fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.
(3)A requirement under this section is an information requirement.
(4)In this section—
relevant entity, in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.

239Regulator may obtain advice about application

The regulator may obtain advice from an advisory council or any other entity the regulator considers appropriate before deciding the application.

240Consideration of application

(1)The regulator must consider the application and decide to approve, with or without conditions, or refuse to approve, the validation program—
(a)if an information requirement is not made in relation to the program—30 business days after receiving the program; or
(b)if an information requirement is made in relation to the program—30 business days after the requirement has been complied with.
(2)In considering whether to approve the validation program, the regulator must have regard to—
(a)the program and any additional information about the program given to the regulator under section 238; and
(b)the guidelines, if any, made by the regulator about validating recycled water schemes; and
(c)any advice received by the regulator under section 239; and
(d)the water quality criteria for recycled water.

241Notice of decision

Within 10 business days after deciding the application, the regulator must give the relevant entity—
(a)if the decision is to approve the validation program without conditions—notice of the decision; or
(b)if the decision is to approve the validation program with conditions, or to refuse to approve the validation program—an information notice for the decision.

242Amendment of validation program

(1)This section applies if the relevant entity for a recycled water scheme proposes to amend the approved validation program for the scheme.
(2)The relevant entity must apply to the regulator for approval of the proposed amended validation program.
(3)Sections 237(2) and 238 to 241 apply to the application—
(a)as if a reference in the sections to the validation program were a reference to the amended validation program; and
(b)as if a reference in the sections to the program were a reference to the amended program.

243Sections 243–249 not used

See editor’s note for section 1.

Part 5 [Repealed]

ch 3 pt 5 hdg om 2014 No. 16 s 78

250[Repealed]

s 250 amd 2010 No. 20 s 140; 2013 No. 23 s 345

om 2014 No. 16 s 78

251[Repealed]

s 251 om 2014 No. 16 s 78

252[Repealed]

s 252 om 2014 No. 16 s 78

253[Repealed]

s 253 om 2014 No. 16 s 78

254[Repealed]

s 254 om 2014 No. 16 s 78

255[Repealed]

s 255 om 2014 No. 16 s 78

256[Repealed]

s 256 om 2014 No. 16 s 78

257[Repealed]

s 257 om 2014 No. 16 s 78

Part 6 Reviews and audits of recycled water management plans

258Reviewing recycled water management plans

(1)The recycled water provider for a single-entity recycled water scheme must review the approved recycled water management plan for the scheme at the intervals for conducting regular reviews stated in the notice about the plan given under section 206(2).

Maximum penalty—500 penalty units.

(2)The scheme manager for a multiple-entity recycled water scheme must arrange for a review of the approved recycled water management plan for the scheme at the intervals for conducting regular reviews stated in the notice about the plan given under section 206(2).

Maximum penalty—500 penalty units.

(3)The purpose of a review mentioned in subsection (1) or (2) is to ensure the recycled water management plan remains relevant having regard to—
(a)the operation of the recycled water scheme to which it relates; and
(b)the water quality criteria for recycled water relevant to the scheme; and
(c)best practice industry standards for the production and supply of recycled water.

259Changing plan after review

(1)This section applies if a review of a recycled water management plan indicates the plan should be changed to reflect—
(a)the operation of the recycled water scheme to which it relates; or
(b)the water quality criteria for recycled water relevant to the scheme; or
(c)best practice industry standards for the production and supply of recycled water.
(2)If the recycled water scheme is a single-entity recycled water scheme, the recycled water provider for the scheme must, within 60 business days after the review ends—
(a)amend the recycled water management plan for the scheme to reflect the matters mentioned in subsection (1); and
(b)apply to the regulator for approval of the amended plan.

Maximum penalty—200 penalty units.

(3)If the recycled water scheme is a multiple-entity recycled water scheme—
(a)the scheme manager for the scheme must, within 60 business days after the review ends, amend the manager’s scheme manager plan for the scheme to the extent necessary to reflect the matters mentioned in subsection (1); and
(b)each declared entity for the scheme must, within 60 business days after the review ends, amend the entity’s scheme provider plan for the scheme to the extent necessary to reflect the matters mentioned in subsection (1).

Maximum penalty—200 penalty units.

(4)If a scheme manager plan or scheme provider plan for a multiple-entity recycled water scheme is amended under subsection (3), the scheme manager for the scheme must as soon as practicable apply to the regulator for approval of the amended recycled water management plan for the scheme.

Maximum penalty—200 penalty units.

(5)An amended recycled water management plan must indicate the way the plan has been amended to reflect the matters mentioned in subsection (1).
(6)Sections 202(2), (3) and (4), and 203 to 208 apply to an application under this section—
(a)as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and
(b)as if a reference in the sections to the plan were a reference to the amended plan.

260Providing internal audit reports

(1)The recycled water provider for a single-entity recycled water scheme must arrange for internal audit reports about the provider’s approved recycled water management plan, and compliance with the plan and its conditions, to be prepared and given to the regulator under this section.

Maximum penalty—500 penalty units.

(2)The scheme manager for a multiple-entity recycled water scheme must arrange for internal audit reports about the approved recycled water management plan, and compliance with the plan and its conditions, to be prepared and given to the regulator under this section.

Maximum penalty—500 penalty units.

(3)For the preparation of a report, an internal audit of the recycled water management plan, and compliance with the plan and its conditions, must be conducted at the intervals for conducting internal audits stated in the notice about the plan given under section 206(2).
(4)The purpose of an internal audit is to assess compliance with the approved recycled water management plan and the conditions of the plan.
(5)The internal audit report must—
(a)be prepared by a suitably qualified person; and
(b)be prepared in accordance with the guidelines, if any, about preparing internal audit reports under this section; and
(c)be given to the regulator within 30 business days after the report is completed; and
(d)if the report shows there has been noncompliance with the recycled water management plan to which it relates, or the conditions of the plan—state the actions taken or planned to be taken in relation to the noncompliance.

261Providing regular audit reports

(1)The recycled water provider for a single-entity recycled water scheme must arrange for regular audit reports about the plan, and compliance with the plan and its conditions, to be prepared and given to the regulator under this section.

Maximum penalty—500 penalty units.

(2)The scheme manager for a multiple-entity recycled water scheme must arrange for regular audit reports about the plan, and compliance with the plan and its conditions, to be prepared and given to the regulator under this section.

Maximum penalty—500 penalty units.

(3)For the preparation of a report, an audit of the recycled water management plan, and compliance with the plan and its conditions, must be conducted at the intervals for conducting regular audits stated in the notice about the plan given under section 206(2).
(4)The purpose of a regular audit is to assess compliance with the approved recycled water management plan and the conditions of the plan.
(5)The regular audit report must—
(a)be prepared by a suitably qualified person who is not an employee of—
(i)for a single-entity recycled water scheme—the recycled water provider for the scheme; or
(ii)for a multiple-entity recycled water scheme—the scheme manager, or a declared entity, for the scheme; and
(b)be prepared in accordance with the guidelines, if any, about preparing regular audit reports under this section; and
(c)be given to the regulator within 30 business days after the report is completed; and
(d)if the report shows there has been noncompliance with the recycled water management plan to which it relates, or the conditions of the plan—state the actions taken or planned to be taken in relation to the noncompliance.

262Spot audits

(1)Subsection (2) applies if the regulator is satisfied or reasonably believes—
(a)the scheme manager, or a recycled water provider or other declared entity, for a recycled water scheme is not complying, or has not complied, with the recycled water management plan for the scheme or the conditions of the plan; or
(b)the approved recycled water management plan for the scheme is no longer adequate.
(2)The regulator may arrange for a spot audit report to be prepared about the recycled water management plan.
(3)Before arranging for a spot audit report to be prepared because of the matter mentioned in subsection (1)(b), the regulator—
(a)must give a show cause notice about the proposed spot audit to—
(i)if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or
(ii)if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and
(b)consider all properly made submissions about the proposed spot audit.
(4)The spot audit report may be prepared by the regulator or a suitably qualified person appointed by the regulator.
(5)The spot audit report must be prepared in accordance with the guidelines, if any, about preparing spot audit reports under this section.
(6)Within 30 business days after the spot audit report is completed, the regulator must give a copy of the report to—
(a)if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or
(b)if the report relates to a multiple-entity recycled water scheme—the scheme manager for the scheme.
(7)Subsection (8) applies if the spot audit report states either or both of the following—
(a)the recycled water management plan for the recycled water scheme is inadequate in a material particular;
(b)the scheme manager, or recycled water provider or other declared entity, for the recycled water scheme (the responsible entity) has not properly carried out the plan to the extent it applies to the responsible entity.
(8)The regulator must give the responsible entity an information notice requiring the entity, within the reasonable period stated in the notice, to—
(a)if subsection (7)(a) applies—rectify the inadequacy; or
(b)if subsection (7)(b) applies—properly carry out the plan.
(9)The responsible entity must comply with the notice, unless the responsible entity has a reasonable excuse.

Maximum penalty—1,665 penalty units.

(10)The regulator may recover an amount equal to the cost of completing the spot audit report from—
(a)if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or
(b)if the report relates to a multiple-entity recycled water scheme—the scheme manager, and any recycled water providers or other declared entities, for the scheme.

263Auditor’s responsibility to inform regulator

(1)This section applies if, in conducting an audit about a recycled water management plan, an auditor forms a reasonable belief that—
(a)a following entity has not, or is not, complying with the plan or a condition of the plan—
(i)for a plan for a single-entity recycled water scheme—the recycled water provider for the scheme;
(ii)for a plan for a multiple-entity recycled water scheme—the scheme manager, or a recycled water provider or other declared entity, for the scheme; and
(b)the noncompliance is likely to have an imminent and serious adverse effect on public health.
(2)The auditor must immediately give details of the facts and circumstances giving rise to the belief to the regulator.

Maximum penalty—1,665 penalty units.

(3)If the auditor complies with subsection (2) by giving the regulator the details orally, the auditor must, as soon as practicable after giving the details orally, give the regulator notice of the details.

Maximum penalty—200 penalty units.

s 263 amd 2009 No. 46 s 138

264Declarations about audit reports

(1)An audit report given to the regulator under this part must be accompanied by a statutory declaration by the auditor.
(2)The auditor’s declaration must—
(a)state the auditor’s qualifications and experience relevant to the audit; and
(b)state that the auditor has not knowingly included any false, misleading or incomplete information or document to the regulator; and
(c)state that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and
(d)certify that—
(i)the report addresses the matters relevant to the audit to which it relates, and is factually correct; and
(ii)the opinions expressed in it are honestly and reasonably held.

265Access for conducting audits

(1)For conducting an audit under this part, the relevant entity and any declared entity for a recycled water scheme must give the auditor, and any person employed or authorised by the auditor to participate in conducting the audit, free and uninterrupted access to the infrastructure forming part of the scheme and any records relating to the infrastructure.

Maximum penalty—200 penalty units.

(2)However, the auditor, and any person employed or authorised by the auditor to participate in conducting the audit, must not enter the premises of a person other than the relevant entity or a declared entity for the recycled water scheme unless the person agrees to the entry.

266Sections 266–269 not used

See editor’s note for section 1.

Part 7 Reporting requirements

ch 3 pt 7 hdg amd 2010 No. 53 s 221

Division 1 Notices to be given

ch 3 pt 7 div 1 hdg ins 2010 No. 20 s 141

sub 2010 No. 53 s 222

270AA Application of div 1

This division applies to a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme if there is an approved recycled water management plan for the scheme.

s 270AA ins 2010 No. 20 s 141

amd 2014 No. 16 s 79

270Notice of noncompliance with water quality criteria

(1)This section applies if a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme (the alerting entity) becomes aware that the quality of recycled water produced or supplied under the recycled water scheme for the entity does not comply with the water quality criteria for the recycled water relevant to the scheme.
(2)The alerting entity must, unless the entity has a reasonable excuse, immediately inform each of the following of the noncompliance and the circumstances that gave rise to the noncompliance—
(a)the regulator;
(b)if another entity is the responsible entity for the noncompliance—the responsible entity.

Maximum penalty—1,665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.
(3)Subsection (4) applies—
(a)if the alerting entity is also the responsible entity for the noncompliance—as soon as practicable after the noncompliance; or
(b)otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2).
(4)The responsible entity for the noncompliance must, unless the entity has a reasonable excuse, give the regulator notice of the following in the approved form—
(a)the noncompliance and the circumstances that gave rise to the noncompliance;
(b)any action taken, or to be taken, by the entity to correct the noncompliance;
(c)the measures the entity will take to prevent the noncompliance in the future.

Maximum penalty—200 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.
(5)In this section—
responsible entity, for a noncompliance, means the scheme manager, recycled water provider or other declared entity, for a recycled water scheme that is responsible for taking any action to correct the noncompliance.

s 270 sub 2010 No. 20 s 141

amd 2013 No. 51 s 229 sch 1

271Notice of prescribed incidents

(1)This section applies if a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme (the alerting entity) becomes aware a prescribed incident has happened in relation to the alerting entity or the scheme.
(2)The alerting entity must, unless the entity has a reasonable excuse, immediately inform each of the following of the prescribed incident—
(a)the regulator;
(b)if another entity is the responsible entity for prescribed incident—the responsible entity.

Maximum penalty—1,665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.
(3)Subsection (4) applies—
(a)if the alerting entity is also the responsible entity for the prescribed incident—as soon as practicable after the prescribed incident; or
(b)otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2).
(4)The responsible entity must, unless the entity has a reasonable excuse, give the regulator notice of the following in the approved form—
(a)the prescribed incident and the circumstances that gave rise to the prescribed incident;
(b)any action taken, or to be taken, by the entity relating to the prescribed incident;
(c)the measures the entity will take to prevent the prescribed incident happening again in the future.

Maximum penalty—200 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.
(5)In this section—
prescribed incident means an incident prescribed under a regulation.
responsible entity, for a prescribed incident, means the scheme manager, recycled water provider or other declared entity, for a recycled water scheme that is responsible for taking action relating to the prescribed incident.

s 271 sub 2010 No. 20 s 141

amd 2013 No. 51 s 229 sch 1

272Self-incrimination not a reasonable excuse for div 1

(1)It is not a reasonable excuse, under section 270 or 271, for an entity to fail to give the relevant information that giving the information might tend to incriminate the entity.
(2)However, if the entity is an individual, evidence of, or evidence directly or indirectly derived from, the relevant information that might tend to incriminate the entity is not admissible in evidence against the entity in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.
(3)In this section—
relevant information means information given to the regulator under section 270 or 271.

s 272 sub 2010 No. 20 s 141

Division 2 Annual reports

ch 3 pt 7 div 2 hdg ins 2010 No. 20 s 141

273Annual reporting requirement

(1)The relevant entity for a recycled water scheme must prepare an annual report for each financial year after a recycled water management plan for the scheme has been approved.
(2)The annual report must—
(a)be prepared in accordance with the guidelines, if any, made by the regulator about the preparation of annual reports; and
(b)state the outcome of any review of the recycled water management plan in the financial year to which the annual report relates, and how the matters raised in the review have been addressed; and
(c)contain details of the findings of, and any recommendations stated in, an internal audit report under section 260 or a regular audit report under section 261 given to the regulator in the financial year; and
(d)contain details of the information given to the regulator under section 270 or 271 in the financial year.
(3)The relevant entity must give a copy of the annual report to the regulator within 120 business days after the end of the financial year.

Maximum penalty—500 penalty units.

(4)If a relevant entity is a recycled water provider for a single entity recycled water scheme, the annual report may be combined with a report given to the regulator under section 141.

s 273 ins 2010 No. 20 s 141

amd 2014 No. 16 s 80

Division 3 Public reports

ch 3 pt 7 div 3 hdg ins 2010 No. 53 s 224

274Public reporting requirement

(1)This section applies if recycled water is supplied under—
(a)a recycled water scheme to augment a supply of drinking water; or
(b)a recycled water scheme to premises by way of a dual reticulation system.
(2)The relevant entity for the recycled water scheme must, for each reporting period, prepare and make publicly available a report about the scheme (a public report) in compliance with subsection (6).

Maximum penalty—500 penalty units.

(3)The relevant entity must comply with subsection (2) unless the relevant entity has a reasonable excuse.
(4)It is not a reasonable excuse for subsection (2) that the public report may tend to incriminate the relevant entity.
(5)However, if the relevant entity is an individual, evidence of, or evidence directly or indirectly derived from, the public report that might incriminate the entity is not admissible in evidence against the entity in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.
(6)A public report for a reporting period must—
(a)be made publicly available within 30 business days after the last day of the reporting period; and
(b)include the results of water quality monitoring carried out for the recycled water scheme during the reporting period by—
(i)for a single-entity recycled water scheme—the recycled water provider; or
(ii)for a multiple-entity recycled water scheme—the scheme manager and each recycled water provider and other declared entity for the scheme; and
(c)include details of the information given to the regulator under sections 270 and 271 during the reporting period by the entity or entities mentioned in paragraph (b); and
(d)subject to paragraphs (a) to (c), be prepared and made publicly available as required under the guidelines made by the regulator about the preparation and publication of reports under this section.
(7)In this section—
reporting periods means—
(a)each of the following 3-month periods in a year—
(i)1 January to 31 March;
(ii)1 April to 30 June;
(iii)1 July to 30 September;
(iv)1 October to 31 December; or
(b)if the regulator gives the relevant entity a notice stating reporting periods that are longer than the periods mentioned in paragraph (a)—the longer periods.

s 274 prev s 274 ins 2010 No. 20 s 141

om 2010 No. 53 s 223

pres s 274 ins 2010 No. 53 s 224

amd 2013 No. 23 s 346; 2014 No. 31 s 32

275Sections 275–299 not used

See editor’s note for section 1.

s 275 ins 2010 No. 53 s 224

Part 8 Declaration of critical recycled water schemes

300Meaning of scheme manager for a recycled water scheme

The scheme manager for a multiple-entity recycled water scheme is the entity—
(a)the recycled water providers and other entities declared to be part of the scheme agree is the scheme manager for the scheme; and
(b)either—
(i)stated in the declaration under this part for the scheme to be the scheme manager; or
(ii)stated in the notice given under section 307(2).

301Making declaration

(1)The regulator may declare a recycled water scheme to be a critical recycled water scheme if the regulator reasonably believes the declaration is necessary—
(a)to maintain continuity of operation of the scheme to meet the essential water supply needs of the community or industry; or
(b)to ensure the appropriate management of risks to public health posed by the supply of recycled water under the scheme.
(2)Without limiting subsection (1), the regulator must declare a recycled water scheme to be a critical recycled water scheme if—
(a)recycled water is supplied, or proposed to be supplied, under the scheme to augment a supply of drinking water; or
(b)under the scheme, at least 500kL of recycled water a day is supplied, or proposed to be supplied, to premises by way of a dual reticulation system.

s 301 amd 2010 No. 20 s 142; 2010 No. 53 s 225; 2013 No. 23 s 347; 2014 No. 31 s 33; 2019 No. 17 s 347

302Regulator may request information about a recycled water scheme

(1)Before declaring a recycled water scheme to be a critical recycled water scheme, the regulator may ask the recycled water providers and other entities proposed to be declared to be part of the scheme to give the regulator a notice about who the providers and entities agree is the scheme manager for the scheme.
(2)Also, the regulator may by notice require a responsible entity to give the regulator, within a stated reasonable period, information about the scheme.
(3)When making the requirement, the regulator must warn the responsible entity it is an offence to fail to comply with the requirement unless the responsible entity has a reasonable excuse.
(4)A responsible entity must comply with the requirement unless the responsible entity has a reasonable excuse.

Maximum penalty—200 penalty units.

(5)If a responsible entity is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the responsible individual.
(6)In this section—
responsible entity, in relation to a recycled water scheme, means—
(a)a recycled water provider or other entity proposed to be declared to be part of the scheme; or
(b)the proposed scheme manager for the scheme.

s 302 amd 2009 No. 46 s 139

303Notice of regulator’s intention to make declaration

(1)Before declaring a recycled water scheme to be a critical recycled water scheme, the regulator must—
(a)give notice of the regulator’s intention to make the declaration to—
(i)if the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or
(ii)if the scheme is a multiple-entity recycled water scheme—each recycled water provider and other entity the regulator intends to declare to be part of the scheme; and
(b)consider all properly made submissions given to the regulator under subsection (3).
(2)Subsection (1) does not apply to the declaration of a recycled water scheme if, under section 301(2), the regulator must declare the scheme to be a critical recycled water scheme.
(3)The notice must—
(a)describe the recycled water scheme; and
(b)describe the infrastructure proposed to be part of the scheme; and
(c)state the reasons that the regulator intends to make the declaration; and
(d)for a notice about a multiple-entity recycled water scheme—
(i)state each recycled water provider and other entity proposed to be declared to be part of the scheme; and
(ii)if known, state the proposed scheme manager for the scheme; and
(e)state the entity to whom the notice is given may, within 30 days after receiving the notice, give the regulator a written submission about the proposed declaration.
(4)If the notice is about a multiple-entity recycled water scheme and the scheme manager for the scheme is not known when the notice is given, the notice may also state the recycled water provider or other entity may give the regulator advice about who the provider or entity considers should be the scheme manager for the scheme.
(5)An entity that is not a recycled water provider may be stated to be part of a multiple-entity recycled water scheme only if the entity owns infrastructure for the supply of recycled water.

304Notice of declaration

(1)If the regulator decides to declare a recycled water scheme to be a critical recycled water scheme, the regulator must give notice of the declaration to—
(a)if the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or
(b)if the scheme is a multiple-entity recycled water scheme—
(i)each recycled water provider and other entity declared to be part of the scheme; and
(ii)if known, the scheme manager for the scheme.
(2)The notice must—
(a)describe the recycled water scheme; and
(b)state the infrastructure and any proposed infrastructure that is or will be part of the scheme; and
(c)state the reasons that the regulator made the declaration; and
(d)for a declaration for a multiple-entity recycled water scheme—if known, state the entity that is the scheme manager for the scheme and each recycled water provider and other entity declared to be part of the scheme; and
(e)state each recycled water provider and other entity declared to be part of the scheme must have a scheme provider plan for the scheme.

s 304 amd 2010 No. 20 s 143

305When declaration has effect

The declaration has effect on the day the regulator gives notice of the declaration under section 304.

306Review of declaration on request

(1)The relevant entity for a critical recycled water scheme may, at any time after 1 year after the declaration of the scheme to be a critical recycled water scheme takes effect, ask the regulator to review the making of the declaration if the relevant entity considers the scheme should not be a critical recycled water scheme.
(2)The request must—
(a)be in writing; and
(b)be given to the regulator; and
(c)state the reasons that the relevant entity considers the scheme should not be a critical recycled water scheme.
(3)If the regulator is asked to review a declaration under this section, the regulator must review the declaration.
(4)In reviewing the declaration, the regulator may have regard to—
(a)the reasons that the regulator made the declaration; and
(b)the stated reasons mentioned in subsection (2)(c); and
(c)the matters mentioned in section 301; and
(d)any other information the regulator considers relevant.
(5)If, after reviewing the declaration, the regulator decides the recycled water scheme to which the declaration relates should continue to be a critical recycled water scheme, the regulator must give the relevant entity for the scheme an information notice for the decision.
(6)If, after reviewing the declaration, the regulator decides the recycled water scheme to which the declaration relates should not continue to be a critical recycled water scheme, the regulator must give the relevant entity for the scheme notice of the decision.
(7)If the regulator gives a relevant entity a notice under subsection (6), the recycled water scheme to which the notice relates stops being a critical recycled water scheme on the day the notice is given.
(8)If a declaration for a critical recycled water scheme is reviewed under this section (the previous review), the relevant entity for the scheme can not ask for another review of the declaration under subsection (1) until at least 1 year after the previous review has ended.

307Requirement to advise regulator about scheme manager

(1)This section applies if the scheme manager for a multiple-entity recycled water scheme is not known when the scheme is declared to be a critical recycled water scheme.
(2)The recycled water providers and other entities declared to be part of the scheme must, as soon as practicable after the declaration is made, give the regulator notice of who is the scheme manager.

308Sections 308–314 not used

See editor’s note for section 1.

Part 9 Dispute resolution process for particular critical recycled water schemes

315Definitions for pt 9

In this part—
dispute means an economic dispute or a non-economic dispute.
economic dispute means a dispute between any or all of the parties to a multiple-entity recycled water supply scheme about expenditure relating to the operation of the scheme, including, for example, expenses incurred in preparing recycled water management plans or in installing infrastructure to treat recycled water.
non-economic dispute means a dispute, other than an economic dispute, between any or all of the parties to a multiple-entity recycled water supply scheme about matters relating to the operation of the scheme, including, for example, matters relating to a change in water quality criteria for recycled water relevant to the scheme.
party, to a multiple-entity recycled water scheme, means the scheme manager, or a recycled water provider or other declared entity, for the scheme.

316Application of pt 9

This part applies if—
(a)there is a dispute between any or all of the parties to a multiple-entity recycled water scheme; and
(b)there is an approved recycled water management plan for the scheme; and
(c)a party to the dispute reasonably believes—
(i)the dispute is unresolved; and
(ii)the dispute is likely to adversely affect public health or the continuity of operation of the scheme unless it is resolved.

s 316 amd 2010 No. 53 s 226; 2014 No. 31 s 34

317Dispute resolution process

(1)To resolve the dispute, the parties to the dispute must follow the process for resolving the dispute prescribed under a regulation.
(2)A regulation for subsection (1) may provide for the following matters—
(a)whether the dispute must be dealt with under mediation or arbitration;
(b)the appointment of a mediator or arbitrator to resolve the dispute;
(c)the mediation or arbitration process required to be followed to resolve the dispute, including, for example, requirements about—
(i)giving documents or other information to the mediator or arbitrator; and
(ii)paying the costs of the mediation or arbitration.
(3)Subsection (2) does not limit the matters for which the regulation may provide.
(4)If a contract between 2 or more parties to the dispute is inconsistent with a regulation under subsection (1), the regulation prevails to the extent of the inconsistency.

Part 9A [Repealed]

ch 3 pt 9A hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

Division 1 [Repealed]

ch 3 pt 9A div 1 hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

318[Repealed]

s 318 orig s 318 om 2010 No. 53 s 227

prev s 318 ins 2010 No. 53 s 228

amd 2012 No. 39 s 97

om 2014 No. 31 s 35

Division 2 [Repealed]

ch 3 pt 9A div 2 hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

319[Repealed]

s 319 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

Division 3 [Repealed]

ch 3 pt 9A div 3 hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

Subdivision 1 [Repealed]

ch 3 pt 9A div 3 sdiv 1 hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

320[Repealed]

s 320 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

321[Repealed]

s 321 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

Subdivision 2 [Repealed]

ch 3 pt 9A div 3 sdiv 2 hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

322[Repealed]

s 322 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

323[Repealed]

s 323 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

324[Repealed]

s 324 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

325[Repealed]

s 325 ins 2010 No. 53 s 228

amd 2012 No. 16 s 78 sch

om 2014 No. 31 s 35

326[Repealed]

s 326 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

327[Repealed]

s 327 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

328[Repealed]

s 328 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329[Repealed]

s 329 ins 2010 No. 53 s 228

om 2014 No. 31 s 35

Subdivision 3 [Repealed]

ch 3 pt 9A div 3 sdiv 3 hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329A[Repealed]

s 329A ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329B[Repealed]

s 329B ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329C[Repealed]

s 329C ins 2010 No. 53 s 228

om 2014 No. 31 s 35

Division 4 [Repealed]

ch 3 pt 9A div 4 hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329D[Repealed]

s 329D ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329E[Repealed]

s 329E ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329F[Repealed]

s 329F ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329G[Repealed]

s 329G ins 2010 No. 53 s 228

om 2014 No. 31 s 35

Division 4A [Repealed]

ch 3 pt 9A div 4A hdg ins 2011 No. 31 s 395

om 2014 No. 31 s 35

329GA[Repealed]

s 329GA ins 2011 No. 31 s 395

om 2014 No. 31 s 35

329GB[Repealed]

s 329GB ins 2011 No. 31 s 395

om 2014 No. 31 s 35

329GC[Repealed]

s 329GC ins 2011 No. 31 s 395

om 2014 No. 31 s 35

Division 5 [Repealed]

ch 3 pt 9A div 5 hdg ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329H[Repealed]

s 329H ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329I[Repealed]

s 329I ins 2010 No. 53 s 228

om 2014 No. 31 s 35

329J[Repealed]

s 329J ins 2010 No. 53 s 228

om 2014 No. 31 s 35

Part 10 Miscellaneous

330Notice to sewerage service provider

(1)This section applies if the regulator considers the discharge of trade waste or seepage water into the sewerage infrastructure of a sewerage service provider is likely to adversely affect the quality of recycled water supplied, or proposed to be supplied, under a recycled water scheme.
(2)The regulator may give the sewerage service provider a notice (a regulator notice) about the discharge of trade waste or seepage water into the sewerage infrastructure.
(3)The notice may—
(a)prohibit the sewerage service provider from giving a trade waste approval or seepage water approval; or
(b)state the conditions the sewerage service provider must impose on a trade waste approval or seepage water approval.
(4)Without limiting subsection (3)(b), the conditions may be about 1 or more of the following—
(a)the maximum daily quantity of trade waste or seepage water that may be discharged;
(b)the maximum permissible rate of the discharge;
(c)the permissible limits for the quality of the trade waste or seepage water;
(d)whether the waste or seepage water must be treated before being discharged.
(5)The sewerage service provider must comply with the notice.

Maximum penalty—1,665 penalty units.

s 330 amd 2010 No. 20 s 144; 2011 No. 31 s 405

331Report about compliance with notice

(1)The regulator may, by notice given to a sewerage service provider, require the provider to give the regulator a report about the actions taken by the provider to comply with a regulator notice.
(2)The sewerage service provider must give the report mentioned in subsection (1) to the regulator within the reasonable period stated in the notice given under subsection (1), and must include in the report the information reasonably required by the regulator.

Maximum penalty—1,000 penalty units.

s 331 amd 2010 No. 20 s 145; 2011 No. 31 s 406

332Particular requirement about production or supply of recycled water

A recycled water provider must ensure that there are persons engaged in the production or supply of recycled water by the provider who have the qualifications or experience prescribed under a regulation for section 586(2)(d)(ii).

Maximum penalty—1,665 penalty units.

333Requirement for certain entities to give information to scheme manager

(1)This section applies for a multiple-entity recycled water scheme.
(2)The scheme manager may, by notice, require a recycled water provider or other declared entity for the scheme to give the scheme manager, within a stated reasonable period, information the scheme manager reasonably requires to comply with the scheme manager’s obligations under this Act.
(3)When making the requirement, the scheme manager must warn the recycled water provider or other declared entity it is an offence to fail to comply with the requirement unless the provider or entity has a reasonable excuse.
(4)The recycled water provider, or the other declared entity, must comply with the requirement unless the provider or entity has a reasonable excuse.

Maximum penalty—200 penalty units.

(5)If the recycled water provider, or the other declared entity, is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the provider or entity.

s 333 sub 2010 No. 20 s 146

334Sections 334–339 not used

See editor’s note for section 1.

s 334 ins 2010 No. 20 s 146

Chapter 4 Referable dams and flood and drought mitigation

ch 4 hdg amd 2012 No. 29 s 26

Part 1 Referable dams

Division 1 Preliminary

340Ch 4 does not apply to particular dams

This chapter does not apply to—
(a)a hazardous waste dam; or
(b)a weir that does not have a variable flow control structure on the crest of the weir.

s 340 sub 2010 No. 20 s 147

amd 2013 No. 23 s 352 sch 1pt 1

341What is a referable dam

(1)A dam is, or a proposed dam after its construction will be, a referable dam if—
(a)a failure impact assessment of the dam, or the proposed dam, is carried out under this part; and
(b)the assessment states the dam has, or the proposed dam after its construction will have, a category 1 or category 2 failure impact rating; and
(c)the chief executive has, under section 349, accepted the assessment.
(2)Also, a dam is a referable dam if—
(a)under section 342B, the dam becomes a referable dam; and
(b)the chief executive has not, under section 349, accepted a failure impact assessment of the dam.
(3)The following are not referable dams—
(a)a hazardous waste dam;
(b)a weir, unless the weir has a variable flow control structure on the crest of the weir.

Note—

For particular dams that are taken to be referable dams under this section, see section 611.

s 341 amd 2010 No. 20 s 148; 2017 No. 11 s 7

342What is failure impact assessment

(1)A failure impact assessment is an assessment certified under this part about the safety of a dam, or a proposed dam—
(a)by a registered professional engineer who is not, for the dam, or the proposed dam—
(i)the owner; or
(ii)an employee of the owner; or
(iii)the operator; or
(iv)an employee of the operator; and
(b)in accordance with the guidelines, made by the chief executive, for failure impact assessment of water dams (the failure impact assessment guidelines).
(2)The certification must include the engineer’s name and registration details.

Division 1A Referable dam notices

ch 4 pt 1 div 1A hdg ins 2017 No. 11 s 8

342AChief executive may give referable dam notice to particular dam owners

(1)This section applies if the chief executive reasonably believes a dam would, if it were failure impact assessed, have a category 1 or category 2 failure impact rating.
(2)The chief executive may give the owner of the dam a notice (a referable dam notice) stating—
(a)the failure impact rating the chief executive believes the dam would have if it were failure impact assessed; and
(b)the reasons for the belief; and
(c)that the dam will be a referable dam with the stated failure impact rating on and from a stated day (the effective day), unless the owner gives the chief executive a failure impact assessment for the dam; and
(d)that if a failure impact assessment for the dam is not given to the chief executive before the effective day, the owner must have the dam failure impact assessed within a stated period of at least 5 years after the effective day; and
(e)any safety conditions the chief executive proposes to apply to the dam under division 3.
(3)The effective day must be at least 60 business days after the notice is given.
(4)The referable dam notice must include or be accompanied by an information notice for the decision to give the notice.
(5)This section does not apply to a dam that must be failure impact assessed under section 343.

s 342A ins 2017 No. 11 s 8

342BEffect of referable dam notice if dam is not failure impact assessed

(1)This section applies if the owner of a dam is given a referable dam notice and, before the effective day for the notice, does not give the chief executive a failure impact assessment for the dam.
(2)The dam becomes a referable dam with the failure impact rating stated in the notice on the effective day.

s 342B ins 2017 No. 11 s 8

Division 2 Failure impact assessing dams

343When dam must be failure impact assessed

(1)A person who proposes to construct a dam must have the dam failure impact assessed if the dam, after its construction, will be—
(a)more than 10m in height and have a storage capacity of more than 1,500ML; or
(b)more than 10m in height and have a storage capacity of more than 750ML and a catchment area that is more than 3 times its maximum surface area at full supply level.

Maximum penalty—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.
(2)The owner of a dam that is not a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the dam will meet the criteria stated in subsection (1)(a) or (b) after the works are carried out.

Maximum penalty—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.
(3)The owner of a dam that is not a referable dam but meets the criteria stated in subsection (1)(a) or (b) must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out.

Maximum penalty—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.
(4)The owner of a dam that is a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out.

Maximum penalty—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.
(5)Also, the chief executive may give the owner of any existing dam or any dam being constructed (whether or not the dam meets or will meet the criteria stated in subsection (1)(a) or (b)) a notice to have the dam failure impact assessed.
(6)The chief executive may give the notice only if the chief executive reasonably believes the dam, or the dam after its construction, would have a category 1 or category 2 failure impact rating.
(7)In this section—
height, for a dam, means the measurement of the difference in level between the natural bed of the watercourse at the downstream toe of the barrier or, if the barrier is not across a watercourse, between the lowest elevation of the outside limit of the barrier of the dam and the top of the barrier.
top of the barrier, of a dam, means the level of the top of the barrier of the dam exclusive of any parapet or ancillary structure or, if the barrier includes a spillway, the level of the top of the abutment walls adjoining the spillway of the dam exclusive of any parapet or ancillary structure.

s 343 amd 2010 No. 20 s 149; 2012 No. 29 s 27; 2013 No. 51 s 229 sch 1

344Requirements for giving failure impact assessment to chief executive

(1)A person required under section 343(1), (2), (3) or (4) to have a dam failure impact assessed must ensure the assessment is completed, and accepted by the chief executive under section 349, before construction of the dam or the carrying out of the works begins.

Maximum penalty—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.
(2)A person required under section 343(5) to have a dam failure impact assessed must ensure the assessment is completed and given to the chief executive within the reasonable period stated in the notice.

Maximum penalty—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.
(3)A failure impact assessment given to the chief executive under this part must be accompanied by the prescribed fee.

s 344 amd 2010 No. 20 s 150; 2013 No. 51 s 229 sch 1; 2017 No. 11 s 9

345Obligation to complete later failure impact assessment

(1)This section applies if—
(a)the owner of a dam is given a referable dam notice for the dam and, before the effective day for the notice, the owner does not give the chief executive a failure impact assessment for the dam; or
(b)a dam has been failure impact assessed under this part, including under subsection (2).
(2)The owner must—
(a)if subsection (1)(a) applies—ensure a failure impact assessment of the dam is completed and given to the chief executive within the period stated in the referable dam notice under section 342A(2)(d); or
(b)otherwise—ensure another failure impact assessment of the dam is completed and given to the chief executive within the period stated in the notice given to the owner under section 350.

Maximum penalty—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.

s 345 amd 2010 No. 20 s 151; 2013 No. 51 s 229 sch 1

sub 2017 No. 11 s 10

346Failure impact ratings for dams

(1)A dam has, or a proposed dam after its construction will have, a category 1 failure impact rating if—
(a)a failure impact assessment for the dam states that the population at risk is 2 or more persons but not more than 100 persons; and
(b)the chief executive, under section 349, accepts the failure impact assessment.
(2)A dam has, or a proposed dam after its construction will have, a category 2 failure impact rating if—
(a)a failure impact assessment for the dam states that the population at risk is more than 100 persons; and
(b)the chief executive, under section 349, accepts the failure impact assessment.
(3)In this section—
population at risk
(a)means the number of persons, worked out under the failure impact assessment guidelines, whose safety will be at risk if the dam or the proposed dam after its construction fails; but
(b)does not include—
(i)a resident on the parcel of land on which the dam is situated; or
(ii)if the dam is situated at a workplace under the Work Health and Safety Act 2011— a person at the workplace; or
(iii)if the dam is situated at a place that is a mine under the Mining and Quarrying Safety and Health Act 1999 or coal mine under the Coal Mining Safety and Health Act 1999—a person at the mine or coal mine.

s 346 sub 2017 No. 11 s 11

347Offences about failure impact assessments

(1)A person must not certify a failure impact assessment containing information the person knows is false or misleading.

Maximum penalty—1,665 penalty units.

(2)A person must not give another person who is certifying a failure impact assessment information the person knows—
(a)the other person will rely on when certifying the failure impact assessment; and
(b)is false or misleading.

Maximum penalty—1,665 penalty units.

(3)It is enough for a complaint for an offence against subsection (1) or (2) to state the assessment or information given to the person certifying the assessment was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.

348Cost of failure impact assessment

(1)For a failure impact assessment required under section 343(1), (2), (3) or (4), the owner of the dam must pay the cost of preparing and certifying the failure impact assessment.
(2)For a failure impact assessment required under section 343(5) or carried out by an owner of a dam for which a referable dam notice is given—
(a)the chief executive must pay the reasonable cost of preparing and certifying the assessment if—
(i)the chief executive accepts the assessment; and
(ii)the dam, or the proposed dam, is assessed as having neither a category 1 nor a category 2 failure impact rating; and
(iii)for a failure impact assessment required under section 343(5)—the dam, or the proposed dam, does not meet the criteria stated in section 343(1)(a) or (b); or
(b)otherwise, the owner of the dam must pay the cost of preparing and certifying the assessment.
(3)For subsections (1) and (2), the cost of preparing and certifying the assessment includes the cost of any review of the assessment under section 351.

s 348 amd 2010 No. 20 s 152; 2017 No. 11 s 12

349Decision about failure impact assessment

(1)The chief executive may decide to accept, reject or require a review of a failure impact assessment.
(2)However, before requiring a review of, or rejecting, the assessment, the chief executive may require the owner to give additional information about the assessment to assist the chief executive in deciding if the review or rejection is necessary.
(3)Without limiting subsection (2), the chief executive may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.

350Notice accepting failure impact assessment

(1)If the chief executive accepts a failure impact assessment, the chief executive must give notice of the acceptance to the owner of the dam within 30 business days after the acceptance.
(2)The notice must also state the period, of at least 5 years from the day the chief executive accepted the assessment, within which the owner must ensure another failure impact assessment of the dam is completed and given to the chief executive.
(3)However, the chief executive can not state a period for a further failure impact assessment of—
(a)a dam given a category 2 failure impact rating under the failure impact assessment accepted under subsection (1); or
(b)a dam that—
(i)does not meet the criteria stated in section 343(1)(a) or (b); and
(ii)was not given a category 1 or category 2 failure impact rating under the failure impact assessment accepted under subsection (1).
(4)In deciding the period for subsection (2), the chief executive must have regard to—
(a)the failure impact assessment accepted by the chief executive under subsection (1); and
(b)the nature and location of the dam.

s 350 amd 2010 No. 20 s 153

351Reviewing failure impact assessment

(1)This section applies if the chief executive is satisfied a failure impact assessment is—
(a)incorrect in a material particular; or
(b)incomplete in a material particular; or
(c)not completed in accordance with the failure impact assessment guidelines.
(2)The chief executive must, within 30 business days after being satisfied under subsection (1)—
(a)give the owner of the dam an information notice; and
(b)return the assessment to the owner.
(3)The information notice must require the owner to—
(a)have the assessment reviewed, corrected or completed and recertified; and
(b)return the recertified assessment to the chief executive for a decision under section 349 by the day stated in the notice.
(4)The owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty for subsection (4)—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.

s 351 amd 2013 No. 51 s 229 sch 1

352Rejecting failure impact assessment

(1)The chief executive may reject a failure impact assessment or a recertified assessment if the assessment or recertified assessment is incorrect or incomplete in a material particular or not completed in accordance with the failure impact assessment guidelines.
(2)If the chief executive rejects the assessment or the recertified assessment, the chief executive must, within 30 business days after the rejection, give the owner of the dam an information notice.
(3)If the assessment relates to an existing dam, the information notice must require the owner to—
(a)have a new assessment completed and certified; and
(b)give the certified assessment to the chief executive for a decision under section 349 within the reasonable period stated in the notice.
(4)The owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty for subsection (4)—1,665 penalty units.

Note—

This provision is an executive liability provision—see section 487.

s 352 amd 2013 No. 51 s 229 sch 1

Division 2A Emergency action planning and reporting

ch 4 pt 1 div 2A hdg ins 2012 No. 29 s 28

Subdivision 1 Preliminary

ch 4 pt 1 div 2A sdiv 1 hdg ins 2012 No. 29 s 28

352ADefinitions for division

In this division—
approval period see section 352K(7).

s 352A def approval period amd 2017 No. 11 s 13(4)

approved emergency action plan means an emergency action plan that is approved under section 352I(1)(a) or taken to be an approved emergency action plan under section 352Q(2).
chairperson means—
(a)for a district group—the chairperson of the group under the Disaster Management Act; or
(b)for a local group—the chairperson of the group under the Disaster Management Act.

s 352A def chairperson amd 2017 No. 11 s 13(5)

dam failure hazard ...

s 352A def dam failure hazard om 2017 No. 11 s 13(2)

dam hazard, for a dam, means a reasonably foreseeable situation or condition that may—
(a)cause or contribute to the failure of the dam, if the failure may cause harm to persons or property; or
(b)require an automatic or controlled release of water from the dam, if the release of the water may cause harm to persons or property.

s 352A def dam hazard ins 2017 No. 11 s 13(3)

dam hazard event, for a dam, means an event arising from a dam hazard if—
(a)persons or property may be harmed because of the event; and
(b)a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity is unlikely to be required to respond to the event; and
(c)the event is not an emergency event.

s 352A def dam hazard event ins 2017 No. 11 s 13(3)

disaster district see the Disaster Management Act, schedule.
disaster management plan, of a district group or local government, means the group’s or local government’s disaster management plan under the Disaster Management Act.

s 352A def disaster management plan sub 2017 No. 11 s 13(2)–(3)

disaster management review report ...

s 352A def disaster management review report om 2017 No. 11 s 13(2)

disaster management review response ...

s 352A def disaster management review response om 2017 No. 11 s 13(2)

district group, for an emergency action plan, means a district group established under the Disaster Management Act, section 22 whose disaster district under that Act could, under the plan, be affected by a dam hazard.

s 352A def district group sub 2017 No. 11 s 13(2)–(3)

downstream release hazard ...

s 352A def downstream release hazard om 2017 No. 11 s 13(2)

emergency action plan means a plan that complies with section 352H.
emergency condition ...

s 352A def emergency condition om 2017 No. 11 s 13(2)

emergency event, for a dam, means an event arising from a dam hazard if—
(a)persons or property may be harmed because of the event; and
(b)any of the following apply—
(i)a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity is likely to be required to respond to the event;
(ii)the event may arise because of a disaster situation declared under the Disaster Management Act;
(iii)an entity performing functions under the State disaster management plan may, under that plan, require the owner of the dam to give the entity information about the event.

s 352A def emergency event sub 2017 No. 11 s 13(2)–(3)

emergency event interim report see section 352U(2)(a).
emergency event report see section 352T(2).
emergency management chief executive means the chief executive of the department in which the Disaster Management Act is administered.
local disaster area, of a local group, means the area of the local group under the Disaster Management Act.
local disaster management plan ...

s 352A def local disaster management plan om 2017 No. 11 s 13(2)

local group, for an emergency action plan, means a local group established under the Disaster Management Act, section 29 whose local government area could, under the plan, be affected by a dam hazard.

s 352A def local group sub 2017 No. 11 s 13(2)–(3)

notice response see sections 352HB(4) and 352HC(3).

s 352A def notice response ins 2017 No. 11 s 13(3)

relevant disaster management group ...

s 352A def relevant disaster management group om 2017 No. 11 s 13(2)

relevant district group ...

s 352A def relevant district group om 2017 No. 11 s 13(2)

relevant entity, for a dam, means each of the following under the emergency action plan for the dam—
(a)the persons who may be affected, or whose property may be affected, if a dam hazard event or emergency event were to happen for the dam;

Examples for paragraph (a)—

the owners of parcels of farm land adjacent to the dam
residents of a township
(b)each local group and district group for the emergency action plan;
(ba)each local government whose local government area may be affected if a dam hazard event or emergency event were to happen for the dam;
(c)the chief executive;
(d)another entity the owner of the dam considers appropriate.

Example for paragraph (d)—

the Queensland Police Service

s 352A def relevant entity ins 2017 No. 11 s 13(3)

relevant local group ...

s 352A def relevant local group om 2017 No. 11 s 13(2)

s 352A ins 2012 No. 29 s 28

amd 2017 No. 11 s 13

352B[Repealed]

s 352B ins 2012 No. 29 s 28

om 2017 No. 11 s 14

352C[Repealed]

s 352C ins 2012 No. 29 s 28

om 2017 No. 11 s 14

352D[Repealed]

s 352D ins 2012 No. 29 s 28

om 2017 No. 11 s 14

Subdivision 2 Requirements for emergency action plans

ch 4 pt 1 div 2A sdiv 2 hdg ins 2012 No. 29 s 28

352ERequirement for, and main purpose of, emergency action plan

(1)The owner of a referable dam must have an approved emergency action plan for the dam.
(2)The main purpose of an emergency action plan for a dam is to minimise the risk of harm to persons or property if a dam hazard event or emergency event for the dam happens.

s 352E ins 2012 No. 29 s 28

sub 2017 No. 11 s 15

352FRequirement to prepare emergency action plan

The owner of a referable dam must, unless the owner has a reasonable excuse, prepare an emergency action plan for the dam under subdivision 3 and give it to the chief executive for approval—
(a)if construction of the dam is not finished when the chief executive accepts a failure impact assessment for the dam under section 349
(i)within 3 months after the construction is finished; or
(ii)if the chief executive gives the owner of the dam a notice requiring the emergency action plan before the construction is finished—within the period of at least 30 business days stated in the notice; or
(b)if construction of the dam has finished when the chief executive accepts a failure impact assessment for the dam—within 4 months after the chief executive accepts the failure impact assessment; or
(c)if the dam becomes a referable dam under section 342B—within 4 months after the day it becomes a referable dam.

Maximum penalty—1,665 penalty units.

Note—

For the obligation of the owner of an existing dam to prepare and submit an emergency action plan, see also section 645.

s 352F ins 2012 No. 29 s 28

amd 2017 No. 11 s 16

Subdivision 3 Preparation of emergency action plans

ch 4 pt 1 div 2A sdiv 3 hdg ins 2012 No. 29 s 28

352G[Repealed]

s 352G ins 2012 No. 29 s 28

om 2017 No. 11 s 17

352HRequirements for plan

(1)The emergency action plan must—
(a)identify each dam hazard for the dam; and
(b)for each dam hazard—
(i)identify the area likely to be affected by a dam hazard event or emergency event arising from the dam hazard, including, for example, by attaching to the plan maps showing areas vulnerable to flooding if the event were to happen; and
(ii)identify each circumstance that indicates a material increase in the likelihood of the dam hazard event or emergency event happening; and

Examples for subparagraph (ii)—

an unusual amount of seepage from the dam
rainfall in the catchment area of the dam
(iii)state when and how the owner of the dam plans to warn persons who may be harmed, or whose property may be harmed, by the dam hazard event or emergency event, if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the persons or categories of persons are to be warned; and
(iv)state when and how the owner plans to notify the relevant entities for the dam if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the relevant entities are to be notified; and
(v)state the actions the owner plans to take in response to a dam hazard event or emergency event; and
(c)be accompanied by each notice given by a local government or district group under section 352HB(3) or 352HC(2) for the plan, and any notice responses by the owner; and
(d)include any other relevant matter prescribed by regulation.
(2)For subsection (1)(b)(iii) the emergency action plan may provide for the dam owner to make arrangements with a relevant entity for warnings to be given by the relevant entity on behalf of the dam owner in appropriate circumstances.

s 352H ins 2012 No. 29 s 28

sub 2017 No. 11 s 18

352HARequirement to give emergency action plan to local governments and district groups

Before giving the chief executive an emergency action plan for a dam, the owner of the dam must give a copy of the plan to—
(a)each local government whose local government area may be affected by a dam hazard identified in the plan; and
(b)each district group for the plan.

s 352HA ins 2017 No. 11 s 18

352HBAssessment by local government

(1)If a local government is given a copy of an emergency action plan under section 352HA(a), the local government must assess the emergency action plan for consistency with its disaster management plan.
(2)In assessing the emergency action plan, the local government must consult with its local group for the plan.
(3)The local government must, within 30 business days after receiving the emergency action plan, give the owner of the dam a notice stating—
(a)whether the local government considers the plan is consistent with its disaster management plan; and
(b)if it considers the plan is not consistent with its disaster management plan, the reasons why it considers the plan is not consistent.
(4)The owner of the dam may prepare a written response to the notice (a notice response) and attach it to the notice.

s 352HB ins 2017 No. 11 s 18

352HCReview by district group

(1)If a district group is given a copy of an emergency action plan under section 352HA(b), the chairperson of the group may review the plan for consistency with the group’s disaster management plan.
(2)The chairperson may, within 30 business days after receiving the emergency action plan, give the owner of the dam a notice stating—
(a)whether the group considers the plan is consistent with the group’s disaster management plan; and
(b)if the group considers the plan is not consistent with its disaster management plan, the reasons why it considers the plan is not consistent.
(3)If the chairperson gives a notice under subsection (2), the owner of the dam may prepare a written response to the notice (a notice response) and attach it to the notice.

s 352HC ins 2017 No. 11 s 18

Subdivision 4 Approving emergency action plans

ch 4 pt 1 div 2A sdiv 4 hdg ins 2012 No. 29 s 28

352IChief executive to consider plan

(1)The chief executive must consider an emergency action plan given to the chief executive for approval and, within 30 business days after receiving the plan, decide to—
(a)approve it; or
(b)refuse to approve it.
(2)In considering the emergency action plan, the chief executive must have regard to—
(a)each notice given by a local government under section 352HB(3) for the plan; and
(b)each notice given by the chairperson of a district group under section 352HC(2) for the plan; and
(c)any notice responses prepared by the owner of the dam; and
(d)any disaster management standards under the Disaster Management Act.
(3)For deciding whether to approve or refuse to approve the emergency action plan, the chief executive may get advice from—
(a)the emergency management chief executive; or
(b)an advisory council.

s 352I ins 2012 No. 29 s 28

amd 2017 No. 11 s 19

352JCriteria for approving plan

The chief executive may approve the emergency action plan only if satisfied it—
(a)complies with section 352H; and
(b)effectively deals with each dam hazard for the dam.

s 352J ins 2012 No. 29 s 28

amd 2017 No. 11 s 20

352KApproval of plan

(1)If the chief executive approves the emergency action plan, the chief executive must—
(a)give notice of the approval to the owner of the dam; and
(b)give a copy of the approved plan to the emergency management chief executive; and
(c)publish the approved plan in the register of approved emergency action plans under section 352M.
(2)The approval must be for a period of no more than 5 years stated in the approved plan.
(3)Subsection (4) applies if, within 30 business days after the emergency action plan is given to the chief executive for approval under section 352F or 352S, the chief executive has not decided to approve, or refuse to approve, the plan.
(4)The chief executive is taken to have approved the plan on the day that is 30 business days after the plan was given to the chief executive (the deemed approval day).
(5)If subsection (4) applies to an emergency action plan—
(a)the approval is—
(i)for 2 years after the deemed approval day; or
(ii)if the chief executive gives the dam owner notice of a longer period—the longer period; and
(b)the chief executive must comply with subsection (1) in relation to the plan as soon as practicable after the deemed approval day.
(6)For subsection (5)(a)(ii)—
(a)the notice must be given within 2 years after the deemed approval day; and
(b)the longer period must not be more than 5 years after the deemed approval day.
(7)The period mentioned in subsection (2) or (5)(a) for an emergency action plan is the approval period for the approved plan.

s 352K ins 2012 No. 29 s 28

amd 2017 No. 11 s 21; 2019 No. 17 s 348

352LRefusal to approve plan

(1)If the chief executive decides to refuse to approve the emergency action plan, the chief executive must give the owner of the dam—
(a)an information notice about the decision; and
(b)a notice directing the owner of the dam to prepare a new emergency action plan under subdivision 3 and give it to the chief executive within a stated period of at least 30 business days.
(2)The owner of the dam must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—500 penalty units.

s 352L ins 2012 No. 29 s 28

Subdivision 5 Keeping and publishing emergency action plans

ch 4 pt 1 div 2A sdiv 5 hdg ins 2012 No. 29 s 28

352MRegister of approved emergency action plans

(1)The chief executive must keep a register of approved emergency action plans.
(2)The register may be kept in the form, including electronic form, the chief executive considers appropriate.
(3)The chief executive must make information in the register available to the public on the department’s website.
(4)However, the publicly available part of the register must not include the name, address and contact details of an individual.

s 352M ins 2012 No. 29 s 28

352NDam owner must ensure particular individuals have access to plan

The owner of a referable dam must—
(a)keep a copy of the approved emergency action plan for the dam; and
(b)make it available to an individual—
(i)who has a function under the plan; or
(ii)who, under the plan, is named and required to be personally notified of a dam hazard event or emergency event.

Maximum penalty—500 penalty units.

s 352N ins 2012 No. 29 s 28

amd 2017 No. 11 s 22

Subdivision 6 Reviewing emergency action plans

ch 4 pt 1 div 2A sdiv 6 hdg ins 2012 No. 29 s 28

352OReview by chief executive and direction to prepare and submit new plan

(1)This section applies if the chief executive, at any time, considers an approved emergency action plan for a dam no longer deals effectively with a dam hazard the chief executive reasonably considers has the potential to affect the safe operation of the dam.

Examples—

1An emergency event report recommends a change to the plan.
2The chairperson of a local group or district group for the plan advises that the plan is not consistent with the disaster management plan for the group.
(2)The chief executive must give the owner of the dam a notice stating—
(a)the chief executive considers the approved emergency action plan no longer effectively deals with the dam hazard; and
(b)the reasons the chief executive considers the plan no longer effectively deals with the dam hazard; and
(c)the owner of the dam must—
(i)prepare a new emergency action plan, under subdivision 3, that effectively deals with the dam hazard; and
(ii)give it to the chief executive within a stated period of at least 30 business days.
(3)The owner of the dam must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—500 penalty units.

s 352O ins 2012 No. 29 s 28

amd 2017 No. 11 s 23

352PReview by dam owner

The owner of a referable dam must, before 1 October each year—
(a)review the approved emergency action plan for the dam; and
(b)give the chief executive—
(i)a notice stating whether or not the owner proposes an amendment of the plan because of the review; and
(ii)if the owner proposes an amendment—a copy of the plan including the proposed amendment.

Maximum penalty—500 penalty units.

s 352P ins 2012 No. 29 s 28

Subdivision 7 Amending emergency action plans

ch 4 pt 1 div 2A sdiv 7 hdg ins 2012 No. 29 s 28

352QAmending plan by agreement

(1)The owner of a referable dam may ask the chief executive to amend the approved emergency action plan for the dam to—
(a)correct a minor error; or
(b)make another change that is not a change of substance.
(1A)Without limiting subsection (1)(b), the owner may, within 10 business days after a change in ownership of the dam, ask the chief executive to amend the approved emergency action plan to—
(a)record the change in ownership of the dam; and
(b)make other changes to the plan required because of the change in ownership.
(2)The request must be in writing and accompanied by a copy of the plan showing the proposed amendment.
(3)The chief executive may—
(a)decide to approve or refuse the amendment; and
(b)give the owner notice of the decision.
(4)If, within 10 business days after the request is made, the chief executive has not decided to approve or refuse to approve the amendment, the chief executive is taken to have approved the amendment.
(5)If the amendment is approved under this section, the plan as amended is taken to be the approved emergency action plan.

s 352Q ins 2012 No. 29 s 28

sub 2017 No. 11 s 24

amd 2019 No. 17 s 349

352RSubstantive amendment of plan

(1)This section applies if—
(a)the owner of a referable dam—
(i)proposes an amendment of the emergency action plan for the dam; and
(ii)gives the chief executive a copy of the plan including the proposed amendment; and
(b)the chief executive considers the proposed amendment is a change of substance.
(2)The chief executive must give the owner of the dam a notice stating—
(a)the chief executive considers the proposed amendment is a change of substance; and
(b)the reasons the chief executive considers the proposed amendment is a change of substance; and
(c)that, if the owner proposes to include the amendment in the emergency action plan, the owner must prepare a new emergency action plan including the amendment under subdivision 3 and give it to the chief executive.

s 352R ins 2012 No. 29 s 28

Subdivision 8 Renewing emergency action plans

ch 4 pt 1 div 2A sdiv 8 hdg ins 2012 No. 29 s 28

352SRenewal of plan

(1)This section applies if an approved emergency action plan for a referable dam is in force.
(2)The owner of the dam must, unless the owner has a reasonable excuse, at least 2 months before the end of the approval period for the plan—
(a)prepare a new emergency action plan for the dam under subdivision 3; and
(b)give it to the chief executive for approval.

Maximum penalty—500 penalty units.

(3)The chief executive must decide to approve or refuse to approve the new emergency action plan under subdivision 4.

s 352S ins 2012 No. 29 s 28

amd 2019 No. 17 s 350

Subdivision 9 Emergency event reporting

ch 4 pt 1 div 2A sdiv 9 hdg ins 2012 No. 29 s 28

352TPreparation and submission of emergency event report

(1)This section applies to the owner of a referable dam if an emergency event relating to the dam happens.
(1A)For subsection (1), an emergency event relating to the dam happens if—
(a)a person or property has been or may be harmed because of the event; and
(b)any of the following applies—
(i)a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event;
(ii)the event arose because of a disaster situation declared under the Disaster Management Act;
(iii)an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.
(2)The owner of the dam must, unless the owner has a reasonable excuse, prepare a report (an emergency event report) under this subdivision and give it to the chief executive within—
(a)30 business days after the end of the emergency event; or
(b)if a further period is agreed in writing by the chief executive and the owner of the dam—the further period.

Maximum penalty—1,665 penalty units.

Note—

For the obligation of the owner of an existing dam to prepare and submit an emergency event report, see also section 646.
(3)In this section—
end, of an emergency event, means when the dam hazard giving rise to the event is no longer a material risk to persons or property.

s 352T ins 2012 No. 29 s 28

amd 2017 No. 11 s 25

352UPreparation and submission of emergency event interim report

(1)This section applies if—
(a)an emergency event relating to a referable dam happens; and
(b)the chief executive considers the emergency event is likely to continue for at least 1 month.
(1A)For subsection (1)(a), an emergency event relating to the referable dam happens if—
(a)a person or property has been or may be harmed because of the event; and
(b)any of the following applies—
(i)a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event;
(ii)the event arose because of a disaster situation declared under the Disaster Management Act;
(iii)an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.
(2)The chief executive may give the owner of the dam a notice requiring the owner to—
(a)prepare a report (an emergency event interim report) under this subdivision; and
(b)give it to the chief executive within 10 business days after receiving the notice.
(3)If the chief executive gives the owner of the dam a notice under subsection (2), the owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—1,665 penalty units.

s 352U ins 2012 No. 29 s 28

amd 2017 No. 11 s 25A

352VContent of report

(1)An emergency event report or emergency event interim report for a referable dam must—
(a)describe the emergency event to which the report relates; and
(b)describe the implementation of the approved emergency action plan for the dam in relation to the emergency event, including relevant details of—
(i)communications made and actions taken in response to the emergency event; and
(ii)monitoring of the dam and the area affected or potentially affected by the emergency event; and
(c)describe any damage to the dam, including by reference to photographs of the damage; and
(d)state whether and to what extent any damage to the dam has been caused or contributed to by the emergency event; and
(e)include an assessment of whether and to what extent the approved emergency action plan effectively dealt with the emergency event; and
(f)recommend any changes to the approved emergency action plan that would allow the plan to deal with a similar emergency event more effectively; and
(g)include details of any other matter that is relevant to the emergency event or how it was dealt with under the emergency action plan; and
(h)include any other relevant matter prescribed under a regulation.
(2)Subsection (1) does not prevent an emergency event report or emergency event interim report from dealing with 2 or more emergency events if—
(a)the emergency events are related; and

Examples of related emergency events—

an emergency event that has been caused or contributed to by another emergency event
2 emergency events that happen at the same time
(b)the chief executive has agreed to the report dealing with the emergency events.

s 352V ins 2012 No. 29 s 28

Division 3 Safety conditions for existing referable dams

353Applying safety conditions for existing referable dams

(1)The chief executive may apply safety conditions to a referable dam.
(2)For assessing the safety conditions that are to apply, the chief executive may give the owner of the dam a notice requesting the owner give the chief executive, within the reasonable period stated in the notice—
(a)information that will assist the chief executive in deciding the conditions to be applied; and
(b)the fee prescribed under a regulation.
(3)The owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)Without limiting subsection (2), the notice may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.

354Deciding safety conditions

(1)When the chief executive has received the information requested in a notice under section 353(2), the chief executive must assess the information and decide the safety conditions for the dam.
(2)In deciding the safety conditions for the dam, the chief executive must have regard to the guidelines, if any, made by the chief executive for applying safety conditions to a referable dam.
(3)The chief executive must decide the safety conditions for the dam—
(a)within 40 business days after the chief executive receives the information requested; or
(b)if the owner of the dam, by written agreement, extends the period—within the extended period.
(4)The safety conditions must be relevant to, but not an unreasonable imposition on, the dam or be reasonably required for the dam.

s 354 amd 2011 No. 33 s 35; 2017 No. 11 s 26

355Process after deciding safety conditions

(1)When the chief executive has decided the safety conditions for a dam, the chief executive must—
(a)give the owner of the dam an information notice about the safety conditions; and
(b)give the local government for the area a copy of the safety conditions.
(2)If a development permit has been given, or is taken to have been given, for the construction of the dam, the safety conditions are taken to be conditions attaching to the permit.
(3)If a development permit has not been given for the construction of the dam—
(a)the chief executive’s decision is taken to be a development permit given for the construction of the dam; and
(b)the safety conditions are taken to be conditions attaching to the permit.
(4)An information notice about the safety conditions need not include reasons for each safety condition.

s 355 amd 2010 No. 20 s 154

356Changing conditions

(1)This section applies for a referable dam if the chief executive is satisfied either or both of the following should be changed—
(a)safety conditions;
(b)development conditions.
(2)The chief executive may change the conditions.
(3)In deciding what the conditions should be, the chief executive may give the owner of the dam a notice requesting the owner give the chief executive, within the reasonable period stated in the notice—
(a)information that will help the chief executive to decide the conditions to be applied; and
(b)the fee prescribed under a regulation.
(4)The owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—200 penalty units.

(5)Without limiting subsection (3), the notice may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.
(6)In changing the conditions, the chief executive must have regard to the guidelines, if any, made by the chief executive for applying safety conditions to a referable dam.
(7)If the chief executive changes the conditions, the chief executive must—
(a)give the owner of the dam an information notice about the changed safety conditions; and
(b)give the local government for the area a copy of the changed safety conditions.
(8)The change has effect from the day the notice is given.
(9)The chief executive’s power to change the conditions includes the power to add conditions.
(10)The changed safety conditions are taken to be conditions attaching to the development permit mentioned in section 355(2) or (3).

356ACompliance with safety or development condition

The owner of a referable dam to which a safety condition or other development condition applies must not contravene the condition.

Maximum penalty—4,500 penalty units.

s 356A ins 2012 No. 39 s 98

amd 2016 No. 27 s 689

357Reassessing dams

If a failure impact assessment for a referable dam, accepted by the chief executive, assesses the dam as not having a category 1 or category 2 failure impact rating, any existing safety conditions for the dam no longer apply to the dam.

357AChief executive may engage person to provide information

(1)This section applies if the chief executive believes a person has not complied with a notice given to the person under section 353(2) or 356(3) requiring information about a dam, including, for example, a comprehensive report by a registered professional engineer on the design and operation of the dam.
(2)The chief executive may engage a person with suitable qualifications, experience or expertise to investigate the dam and give the chief executive the information requested.
(3)If the chief executive incurs expense in engaging the person under subsection (2), the chief executive must give the person a notice stating the amount of the expense incurred.
(4)Any reasonable expenses incurred by the chief executive in engaging the person under subsection (2) may be recovered by the chief executive as a debt.
(5)A debt under subsection (4) bears interest at the rate stated in a regulation.

s 357A ins 2010 No. 20 s 155

Division 4 Emergency powers

Subdivision 1 Preliminary

ch 4 pt 1 div 4 sdiv 1 hdg ins 2010 No. 20 s 156

358Application of div 4

This division applies if the chief executive is satisfied, or reasonably believes—
(a)there is danger of the failure of—
(i)a referable dam; or
(ii)another dam (whether or not a failure impact assessment has been carried out for the dam), if the chief executive reasonably believes the dam would have a category 1 or category 2 failure impact rating if an assessment or another assessment were carried out for the dam; and
(b)action is necessary to prevent the failure or minimise its impact.

s 358 amd 2010 No. 20 s 157

Subdivision 2 Chief executive may give direction or take action about failure of dam

ch 4 pt 1 div 4 sdiv 2 hdg ins 2010 No. 20 s 158

359Direction to owner of emergency part of land

(1)The chief executive may, by notice, direct the owner of land on which the part of the dam where the action is necessary is situated (the emergency part), or the operator of the dam, to take stated reasonable action within a stated reasonable period.
(2)The notice—
(a)is taken to be a compliance notice; and
(b)if the emergency part is land other than land mentioned in paragraph (c)—attaches to the land and binds the owner of the land and the owner’s successors in title; and
(c)if the emergency part is land leased from the State under the Land Act 1994—is taken to be a remedial action notice under the Land Act 1994, other than for the purposes of a review of, or an appeal against, the decision to give the notice.

Note—

See chapter 7 (Review, appeals and arbitration).
(3)The person to whom the notice is given, and any person bound by the notice under subsection (2)(b), must comply with the notice unless the person has a reasonable excuse.

Maximum penalty—1,665 penalty units.

(4)Subsection (3) does not apply if the person to whom the notice is given—
(a)gives the chief executive notice that the person intends to remove the dam; and
(b)complies with the intention in accordance with any direction given by the chief executive.

s 359 amd 2010 No. 20 s 159

359ATaking immediate action about failure of dam

(1)This section applies if the chief executive is satisfied or reasonably believes—
(a)there is danger of the failure of a dam; and
(b)the failure is likely to pose a risk to safety or health of the public or an individual; and
(c)immediate action is necessary to prevent or minimise the impact of the failure.
(2)The chief executive may take reasonable steps or authorise an authorised officer to take reasonable steps to prevent or minimise the impact of the failure.
(3)Subsection (2) applies even if the chief executive has given a notice under section 359 about the failure.
(4)If the chief executive decides to take the reasonable steps, or authorise an authorised officer to take the reasonable steps, the chief executive or officer may—
(a)without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and
(b)in taking the steps, exercise any powers of an authorised officer under chapter 5, part 2, 3 or 4.
(5)Before entering the place—
(a)the chief executive must do or make a reasonable attempt to—
(i)tell the occupier of the place the chief executive is permitted under this Act to enter the place; and
(ii)give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or
(b)the authorised officer must do or make a reasonable attempt to—
(i)comply with section 405(1); and
(ii)tell the occupier of the place the officer is permitted under this Act to enter the place; and
(iii)give the occupier an opportunity to allow the officer immediate entry to the place without using force.
(6)The chief executive or authorised officer may exercise the powers mentioned in subsection (4) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.
(7)In exercising or attempting to exercise the powers relating to a place, the chief executive or authorised officer must take all reasonable steps to ensure the chief executive or officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.
(8)Any reasonable expenses incurred by the chief executive or an authorised officer in doing anything under subsection (4) may be recovered by the chief executive as a debt.
(9)A debt under subsection (8) bears interest at the rate stated in a regulation.

s 359A ins 2010 No. 20 s 160

Subdivision 3 Chief executive may recover expenses

ch 4 pt 1 div 4 sdiv 3 hdg ins 2010 No. 20 s 160

360Notice for recovering expenses

(1)This section applies if—
(a)a person to whom a notice under section 359 is given does not comply, or does not fully comply, with the notice and the chief executive incurs an expense under section 467(1) or (3) relating to the notice; or
(b)the chief executive or an authorised officer incurs expense in acting under section 359A.
(2)The chief executive may give the owner of the land for which the expenses were incurred a notice stating—
(a)for action taken under section 467(1) or (3)—the action taken; and
(b)for reasonable steps taken under section 359A—the steps taken; and
(c)the amount of the expense incurred (the relevant debt).
(3)A notice under subsection (2) is a debt notice.

s 360 sub 2010 No. 20 s 161

361Notice in relation to land other than leased State land

(1)If the chief executive gives a debt notice in relation to land that is not leased from the State under the Land Act 1994
(a)the relevant debt becomes a charge on the land; and
(b)the chief executive must lodge in the land registry—
(i)a request in the appropriate form to register the charge as an encumbrance over the land; and
(ii)a certificate signed by the chief executive stating the relevant debt is a charge over the land under this division; and
(iii)a copy of the debt notice; and
(c)the charge is in addition to any other remedy the chief executive has for recovery of the relevant debt.
(2)The chief executive must, as soon as practicable after payment of the relevant debt, lodge in the land registry—
(a)a request in the appropriate form to release the charge; and
(b)a certificate stating that the relevant debt has been paid.
(3)The chief executive may at any time lodge in the land registry—
(a)a request to vary or release the charge; and
(b)for a request to vary a charge—a certificate stating the type of variation requested.

s 361 amd 2010 No. 20 s 162

362Notice in relation to leased State land

If the chief executive gives a debt notice in relation to land leased from the State under the Land Act 1994
(a)the relevant debt is a condition of the lease from the day the notice is given; and
(b)the chief executive must lodge in the land registry—
(i)a request in the appropriate form to register the details of the condition; and
(ii)a certificate signed by the chief executive stating the details of the relevant debt; and
(iii)a copy of the debt notice; and
(c)the condition is in addition to any other remedy the chief executive has for recovery of the relevant debt; and
(d)if the owner has possession of a tenure document for the lease—the owner must return the tenure document to the land registry.

s 362 amd 2010 No. 20 s 163

Subdivision 4 Miscellaneous

ch 4 pt 1 div 4 sdiv 4 hdg ins 2010 No. 20 s 164

363Form of notice if imminent danger of dam failure

(1)This section applies if the chief executive is satisfied, or reasonably believes—
(a)there is imminent danger of the failure of a dam; and
(b)immediate action is necessary to prevent or minimise the impact of the failure.
(2)The chief executive may give a notice under section 359(1) verbally or by leaving the notice on the land.
(3)For giving notice under subsection (2), it is sufficient to give the notice to an employee or agent of the owner or operator.

s 363 amd 2010 No. 20 s 165

Division 5 General matters

364Liability for loss or damage caused by failure of dam

Nothing in this chapter affects the liability of a dam owner or operator for any loss or damage caused by the failure of a dam or the escape of water from the dam.

365Cancellation of development permit for decommissioned dam

(1)This section applies if a dam is—
(a)decommissioned from use in accordance with a safety condition applying to the dam; or
(b)decommissioned from use or removed in compliance with a notice under section 359(1); or
(c)removed under section 359(4); or
(d)decommissioned from use or removed because of steps taken to prevent or minimise the impact of the failure of the dam under section 359A.
(2)For this Act and the Planning Act, the development permit for the dam is taken to be cancelled and of no effect on and from the day the dam is decommissioned from use or removed.
(3)The chief executive must, as soon as practicable after the dam is decommissioned from use or removed, give the local government for the area in which the dam is located notice of the decommissioning or removal.

s 365 sub 2010 No. 20 s 166

366Changes in dam ownership

(1)This section applies if there is a change in ownership of—
(a)a referable dam; or
(b)a dam that has been failure impact assessed under this part and of which a further failure impact assessment is required to be completed under section 345(2)(b).
(2)The former owner of the dam must, within 10 business days after the change in ownership of the dam, give the chief executive notice of the change.

Note—

Under chapter 5, part 8, division 2, the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.
(3)The notice must state—
(a)the name of the dam; and
(b)the date of the change in ownership; and
(c)the real property description of the land on which the dam is situated; and
(d)contact details for the new owner, including, for example, the new owner’s name and address; and
(e)if the new owner is a corporation—
(i)the new owner’s ABN or ACN; and
(ii)the name of the new owner’s chief executive officer (however described).
(4)The former owner of the dam must ensure all relevant documentation for the dam is given to the new owner of the dam within 10 business days after the change in ownership of the dam.

Note—

Under chapter 5, part 8, division 2, the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.
(5)In this section—
relevant documentation, for a dam, means—
(a)documentation required for the dam under chapter 4, including, for example, documentation required for the dam under a safety condition; or
(b)documentation under chapter 5 that relates to the dam, including, for example, a compliance notice relating to the dam.

s 366 ins 2010 No. 20 s 166

sub 2019 No. 17 s 351

367Sections 367–369 not used

See editor’s note for section 1.

s 367 sub 2019 No. 17 s 351

Part 2 Flood mitigation manuals and reporting

ch 4 pt 2 hdg sub 2012 No. 29 s 29

Division 1 Preliminary

ch 4 pt 2 div 1 hdg ins 2012 No. 29 s 29

370Definitions for pt 2

In this part—
alternative procedure see section 378(b)(ii).
annual preparedness report see section 375(a).
approval period see section 371G(2).
approved flood mitigation manual means a flood mitigation manual approved under section 371E(1)(a) or 372(3).
authorisation request information see section 379(1).
authorised alternative procedure see sections 380(2) and 381(3).

s 370 def authorised alternative procedure amd 2014 No. 51 s 39

existing procedure see section 378(b)(i).
flood event see section 371.
flood event interim report see section 384(2)(a).
flood event report see section 383(2).
flood mitigation manual, for a dam, means a manual of the operational procedures for flood mitigation for the dam that complies with section 371D.
forecast system, for a dam, see section 371D(e).
responsible person, under a flood mitigation manual, see section 371D(d)(i).

s 370 sub 2012 No. 29 s 29

371What is a flood event

A flood event, for a dam, is a circumstance in relation to which—
(a)there is a reasonable likelihood that the level of the water surface of the dam may exceed its full supply level; and
(b)if the level of the water surface were to exceed the full supply level, it would be reasonable to release the excess water only by opening the gates of the dam.

s 371 sub 2012 No. 29 s 29

371AApplication of pt 2

(1)This part applies to a referable dam prescribed under a regulation for this section.
(2)A referable dam may be prescribed under subsection (1) only if the Minister, having regard to the following, considers the dam requires a flood mitigation manual—
(a)whether the dam has significant water storage capacity exceeding the full supply level of the dam;
(b)whether the dam can be safely and effectively operated under a flood mitigation manual to—
(i)moderate the rate of outflow from the dam; and
(ii)avoid significant damage to property caused by outflow from the dam.

Note—

For the application of this section to a dam for which there is an existing flood mitigation manual, see section 649.

s 371A ins 2012 No. 29 s 29

Division 2 Preparation of flood mitigation manuals

ch 4 pt 2 div 2 hdg ins 2012 No. 29 s 29

371BRequirement for approved flood mitigation manual

The owner of a referable dam to which this part applies must have an approved flood mitigation manual for the dam.

s 371B ins 2012 No. 29 s 29

371CRequirement to prepare flood mitigation manual

The owner of the dam must prepare a flood mitigation manual for the dam under this division and give it to the Minister for approval within 6 months after the dam is prescribed under section 371A(1).

Maximum penalty—1,665 penalty units.

s 371C ins 2012 No. 29 s 29

371DContent of manual

The flood mitigation manual must—
(a)state the objectives for flood mitigation for the dam and their importance relative to each other; and
(b)state—
(i)the operational strategies required to achieve the objectives for flood mitigation for the dam; and
(ii)how the operational strategies achieve an appropriate balance in relation to the matters mentioned in section 371F(c); and
(c)state the operational procedures required to achieve the operational strategies for flood mitigation for the dam including—
(i)the operational procedures for releasing water from the dam in response to a flood event; and
(ii)variations to the operational procedures under subparagraph (i) to deal with urgent circumstances; and

Example—

operational procedures to be followed if communications among any of the responsible persons are disrupted during a flood event
(iii)the operational procedures for releasing water from the dam in response to the declaration of a temporary full supply level for the dam; and
(d)state—
(i)the role and responsibilities of each person (a responsible person) who is required to carry out operational procedures for flood mitigation under the manual; and
(ii)the qualifications and experience each responsible person must have; and
(iii)the training each responsible person must complete; and
(iv)the procedures that are required to be carried out by or for the owner of the dam to verify the qualifications, experience and training for each responsible person; and
(e)provide for a system (the forecast system) to forecast—
(i)the amount of rainfall in, or affecting, the catchment area of the dam; and
(ii)the amount of inflow to the dam; and
(iii)the amount of outflow from the dam required under the manual; and
(iv)the level of the water surface of the dam required under the manual; and
(f)state any other relevant matter prescribed under a regulation.

s 371D ins 2012 No. 29 s 29

Division 3 Approving flood mitigation manuals

ch 4 pt 2 div 3 hdg ins 2012 No. 29 s 29

371EMinister to consider manual

(1)The Minister must consider a flood mitigation manual given to the Minister for approval and decide to—
(a)approve it; or
(b)refuse to approve it.
(2)The Minister may get advice from an advisory council for deciding whether or not to approve the manual.

s 371E ins 2012 No. 29 s 29

371FCriteria for approving manual

The Minister may approve the flood mitigation manual only if satisfied—
(a)the manual complies with section 371D; and
(b)the carrying out of the operational strategies and operational procedures under the manual would minimise risk to human life and safety; and
(c)the manual achieves an appropriate balance in relation to each of the following—
(i)preventing failure of the dam, including, for example, by protecting the structural integrity of the dam;
(ii)minimising risk to property;
(iii)minimising disruption to transport;
(iv)maintaining the full supply level for the dam after a flood event;
(v)minimising environmental impacts on the stability of banks of watercourses and on riparian flora and fauna.

s 371F ins 2012 No. 29 s 29

371GApproval of manual

(1)If the Minister approves the flood mitigation manual, the Minister must notify the approval by gazette notice.
(2)The approval must be for a period of no more than 5 years (the approval period) stated in the gazette notice.

s 371G ins 2012 No. 29 s 29

371HRefusal to approve manual

(1)If the Minister decides to refuse to approve the flood mitigation manual, the Minister must give the owner of the dam a notice directing the owner to prepare a new flood mitigation manual and give it to the Minister within a stated period of at least 30 business days after receiving the notice.
(2)The owner of the dam must comply with the notice.

Maximum penalty—1,665 penalty units.

s 371H ins 2012 No. 29 s 29

Division 4 Amending and reviewing flood mitigation manuals

ch 4 pt 2 div 4 hdg ins 2012 No. 29 s 29

372Amending flood mitigation manual

(1)The Minister may require the owner of a dam, by notice, to amend the flood mitigation manual for the dam.
(2)The owner must comply with the requirement.
(3)If the owner complies with the requirement, the Minister must, by gazette notice, approve the manual as amended.
(4)The approval of the manual as amended must be for—
(a)the balance of the period of the approval for the manual before the amendment; or
(b)a period of not more than 5 years from the day the manual as amended was approved.
(5)The Minister may get advice from an advisory council before approving the manual as amended.

s 372 amd 2012 No. 29 s 30

373Regular reviews of flood mitigation manual

Before an approval for the flood mitigation manual for a dam expires, the owner of the dam must—
(a)review, and if necessary, update the manual; and
(b)give the Minister a copy of it for the Minister’s approval under division 3.

s 373 amd 2012 No. 29 s 31

Division 5 Renewing flood mitigation manuals

ch 4 pt 2 div 5 hdg ins 2012 No. 29 s 32

374Preparation and submission of new manual

(1)This section applies if an approved flood mitigation manual for a dam is in force.
(2)The owner of the dam must prepare a new flood mitigation manual for the dam and give it to the Minister for approval under division 3 at least 1 month before the end of the approval period for the manual.

Maximum penalty—1,665 penalty units.

s 374 sub 2012 No. 29 s 32

Division 6 Annual preparedness reports

ch 4 pt 2 div 6 hdg ins 2012 No. 29 s 32

375Dam owner must prepare and submit report

The owner of a referable dam to which this part applies must after 1 August and before 1 September each year—
(a)prepare a report (an annual preparedness report) under this division about the level of preparedness of the dam for a flood event under its flood mitigation manual; and
(b)give the report to the chief executive.

Maximum penalty—1,665 penalty units.

s 375 sub 2012 No. 29 s 32

376Content of report

(1)The annual preparedness report must—
(a)state the names, contact details and current qualifications and experience of, and training completed by each person—
(i)who was a responsible person under the flood mitigation manual in the reporting period; and
(ii)whom the owner of the dam expects will be a responsible person under the manual before the next annual preparedness report for the dam is prepared; and
(b)be accompanied by documents evidencing the current qualifications, experience and training; and

Example—

a current certificate of registration as a registered professional engineer under the Professional Engineers Act 2002
(c)describe the training given to each responsible person for carrying out his or her role and responsibilities under the manual in the reporting period, including the following—
(i)who gave the training and to whom it was given;
(ii)the type of training given;
(iii)when the training was given and its duration; and
(d)include an assessment of the suitability of communication equipment for use by the responsible persons for carrying out their roles and responsibilities under the manual; and

Examples of communication equipment—

computer equipment for sending email, CB or other two-way radio, mobile telephone, satellite telephone
(e)include an assessment of the following—
(i)the current adequacy of the forecast system for the dam and the supporting network for the forecast system;
(ii)the demonstrated adequacy of the forecast system and supporting network in the reporting period.
(2)In this section—
demonstrated adequacy, of a forecast system, includes—
(a)the reliability of the system that has been demonstrated generally and under flood conditions, if relevant, in the reporting period; and
(b)the accuracy of forecasts of inflow using the system compared to measured rainfall and inflow in the reporting period; and
(c)the accuracy of forecasts of the required outflow and the water surface level of the dam using the system compared to the measured outflow and water surface level in the reporting period.
reporting period means—
(a)for the first annual preparedness report after a flood mitigation manual is approved for the dam—the period since the approval; or
(b)otherwise—the period since the last annual preparedness report for the dam was given to the chief executive.

Note—

See also section 650.
supporting network, for a forecast system for a dam, means the infrastructure that enables the forecast system to be used effectively under the dam’s flood mitigation manual.

Example—

a gauging station at which rainfall or water level can be measured

s 376 ins 2012 No. 29 s 32

Division 7 Qualifications, experience and training for responsible persons

ch 4 pt 2 div 7 hdg ins 2012 No. 29 s 32

377Chief executive may require dam owner to ensure responsible person has qualifications etc.

(1)This section applies if the chief executive considers it appropriate that a responsible person under a flood mitigation manual for a dam has particular qualifications or experience or has completed particular training for the safe and effective operation of the dam.
(2)The chief executive may, by notice given to the owner of the dam, require the owner to ensure that the responsible person has the qualifications or experience, or has completed the training, stated in the notice.
(3)The notice may identify a responsible person by reference to the person’s position or title.
(4)If the chief executive gives the owner of the dam a notice under subsection (2), the owner must comply with the notice.

Maximum penalty—1,665 penalty units.

(5)In this section—
responsible person includes a class of responsible persons.

s 377 ins 2012 No. 29 s 32

Division 8 Authorising alternative operational procedures

ch 4 pt 2 div 8 hdg ins 2012 No. 29 s 32

378Application of div 8

This division applies if a flood event for a dam happens and the owner of the dam reasonably considers that—
(a)an operational strategy under the flood mitigation manual for the dam does not provide or does not adequately provide for the flood event or an aspect of the flood event; and
(b)to achieve an objective under the flood mitigation manual and respond effectively to the flood event it is necessary to—
(i)disregard an operational procedure under the manual (the existing procedure) that would, other than for this division, apply under the manual; and
(ii)observe a different operational procedure (the alternative procedure).

s 378 ins 2012 No. 29 s 32

379Dam owner must seek authorisation for alternative procedure

(1)The owner of the dam must, as soon as practicable, give the chief executive the following information (the authorisation request information)—
(a)the grounds for considering the matters mentioned in section 378;
(b)the facts and circumstances that are the basis for the grounds;
(c)information to identify the existing procedure;
(d)details of the alternative procedure;
(e)the time by which the owner of the dam would need the chief executive to make a decision under section 380 for the owner to be able to respond effectively to the flood event;
(f)other information to enable the chief executive to make a decision under section 380.
(2)The owner of the dam may give the chief executive the authorisation request information orally.
(3)However, the owner of the dam must record the authorisation request information in writing as soon as practicable after giving the chief executive the information orally.
(4)Subsection (1) applies subject to section 381.

s 379 ins 2012 No. 29 s 32

amd 2014 No. 51 s 40

380Chief executive must decide whether or not to authorise alternative procedure

(1)The chief executive must, as soon as practicable after receiving the authorisation request information—
(a)decide whether or not to authorise the owner of the dam to disregard the existing procedure and observe the alternative procedure; and
(b)advise the owner of the dam of the decision.
(2)If the chief executive decides to authorise the owner of the dam to observe the alternative procedure, the alternative procedure is an authorised alternative procedure.
(3)The chief executive may orally advise the owner of the dam of the decision.
(4)However, the chief executive must, as soon as practicable, give the owner of the dam a notice of the decision including—
(a)a summary of the authorisation request information given to the chief executive; and
(b)the reasons for the decision, having regard to the authorisation request information.

s 380 ins 2012 No. 29 s 32

381Authorisation to observe alternative procedure if chief executive can not be contacted

(1)This section applies if the owner of the dam—
(a)makes reasonable efforts to contact the chief executive to give the chief executive the authorisation request information for the alternative procedure; but
(b)can not contact the chief executive within a reasonable time to respond effectively to the flood event.
(2)This section also applies if—
(a)the owner of the dam contacts the chief executive to give the chief executive the authorisation request information for the alternative procedure; but
(b)before the chief executive can advise the owner of the dam of the chief executive’s decision on the request, contact with the executive is lost and can not be re-established within the time by which the owner would need a decision on the request.
(3)The alternative procedure is also an authorised alternative procedure.
(4)However, the owner of the dam must, as soon as practicable after failing to contact, or losing contact with, the chief executive—
(a)record the authorisation request information in writing; and
(b)give the information to the chief executive.
(5)For subsection (1)(b), contact with the chief executive is not established until the chief executive acknowledges receipt of the authorisation request information.
(6)For subsection (2), contact with the chief executive is lost if the owner of the dam reasonably believes the chief executive is no longer able to respond to the owner.

s 381 ins 2012 No. 29 s 32

amd 2014 No. 51 s 41

382End of authorisation of alternative procedure

The authorisation to carry out an authorised alternative procedure ends when the flood event to which the procedure relates has ended.

s 382 ins 2012 No. 29 s 32

Division 9 Flood event reporting

ch 4 pt 2 div 9 hdg ins 2012 No. 29 s 32

383Preparation and submission of flood event report

(1)This section applies to the owner of a referable dam to which this part applies if a flood event relating to the dam happens.
(2)The owner of the dam must, unless the owner has a reasonable excuse, prepare a report (a flood event report) under this division and give it to the chief executive within—
(a)30 business days after the end of the flood event; or
(b)if a further period is agreed in writing by the chief executive and the owner of the dam—the further period.

Maximum penalty—1,665 penalty units.

(3)In this section—
end, of a flood event, means 24 hours after the last occasion that water is released from the dam in response to the flood event.

s 383 ins 2012 No. 29 s 32

384Preparation and submission of flood event interim report

(1)This section applies if—
(a)a flood event relating to a referable dam to which this part applies happens; and
(b)the chief executive considers the flood event is likely to continue for at least 1 month.
(2)The chief executive may give the owner of the dam a notice requiring the owner to—
(a)prepare a report (a flood event interim report) under this division; and
(b)give it to the chief executive within 10 business days after receiving the notice.
(3)If the chief executive gives the owner of the dam a notice under subsection (2), the owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—1665 units.

s 384 ins 2012 No. 29 s 32

385Content of report

(1)A flood event report or a flood event interim report must—
(a)describe the flood event to which it relates; and
(b)describe the implementation of the flood mitigation manual for the dam in relation to the flood event, including relevant details of—
(i)communications made, strategies used and actions taken in response to the flood event; and
(ii)the reasons for the use of the strategies; and
(c)state the amount of the following that was forecast when the flood event started and measured during the flood event—
(i)rainfall in, or affecting, the catchment area of the dam;
(ii)inflow to the dam; and
(d)state the level of the water surface of the dam that was forecast when the flood event started and the levels measured during the flood event; and
(e)state the amount of the outflow from the dam that was—
(i)forecast under the flood mitigation manual when the flood event started; and
(ii)measured during and after the flood event; and
(f)include an assessment of the adequacy of the forecast system for the dam; and
(g)describe any damage to the dam caused by the flood event, including by attaching photographs of the damage; and
(h)state whether and to what extent any damage to the dam has been caused or contributed to by the flood event; and
(i)include an assessment of whether and to what extent the flood mitigation manual effectively dealt with the flood event; and
(j)recommend any changes to the flood mitigation manual and forecast system that would allow the manual to deal with a similar flood event more effectively; and
(k)include details of any other matter that is relevant to how the flood event was dealt with under the flood mitigation manual; and
(l)include any other relevant matter prescribed under a regulation.
(2)If the owner of the dam carried out or purported to carry out an authorised alternative procedure in relation to the flood event, the flood event report or the flood event interim report must also include the authorisation request information for the procedure.
(3)Subsection (1) does not prevent a flood event report from dealing with 2 or more flood events if—
(a)the flood events are related; and
(b)the chief executive has agreed to the report dealing with the flood events.

s 385 ins 2012 No. 29 s 32

Division 10 General matters

ch 4 pt 2 div 10 hdg ins 2012 No. 29 s 32

386Protection from liability under pt 2

(1)Each of the following persons does not incur civil liability for an act done, or omission made, honestly and without negligence under this part—
(a)the Minister;
(b)the chief executive;
(c)a member of an advisory council from which the Minister has sought advice under section 371E(2) or 372(5).
(2)If subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.

s 386 ins 2012 No. 29 s 32

387Protection from liability for complying with flood mitigation manual

(1)Subsection (2) applies to an owner of a dam who observes—
(a)subject to paragraph (b), the operational procedures in the approved flood mitigation manual for the dam; and
(b)if an alternative procedure is authorised for the dam under division 8—the authorised alternative procedure.
(2)The owner of the dam does not incur civil liability for an act done, or omission made, honestly and without negligence in observing the procedures.
(3)If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.
(4)In this section—
owner, of a dam, includes—
(a)the operator of the dam; and
(b)a director of the owner or operator of the dam; and
(c)an employee of the owner or operator of the dam; and
(d)an agent of the owner or operator of the dam.

s 387 ins 2012 No. 29 s 32

Part 3 Declaring temporary full supply levels to mitigate flood or drought

ch 4 pt 3 hdg ins 2012 No. 29 s 32

Division 1 Preliminary

ch 4 pt 3 div 1 hdg ins 2012 No. 29 s 32

sub 2017 No. 11 s 27

388Definition for part

In this part—
safety requirements see section 396(2).

s 388 ins 2012 No. 29 s 32

sub 2017 No. 11 s 27

389Application of part

This part applies to a dam for which an approved flood mitigation manual is in force.

s 389 ins 2012 No. 29 s 32

sub 2017 No. 11 s 27

Division 2 Declaring temporary full supply level

ch 4 pt 3 div 2 hdg ins 2012 No. 29 s 32

sub 2017 No. 11 s 27

390Minister may declare temporary full supply level

(1)This section applies if the Minister considers the impacts of a potential flood or drought may be mitigated by having a full supply level for a dam that is different from the full supply level stated in the resource operations licence.
(2)The Minister may, by notice given to the owner of the dam, declare a new full supply level (a temporary full supply level) for the dam.

Note—

For the effect of the declaration of a temporary full supply level on the resource operations licence under which the dam operates, see the Water Act, section 813.
(3)In deciding whether to make the declaration, the Minister—
(a)must have regard to—
(i)the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and
(ii)the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and
(iii)impacts the temporary full supply level may have on the water security of the dam; and
(iv)whether the temporary full supply level would affect the safety of the dam; and
(v)any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and
(b)may have regard to any matter the Minister considers appropriate, including, for example—
(i)meteorological forecasts; and
(ii)the public interest.
(4)A declaration under this section—
(a)takes effect on the day stated in the declaration; and
(b)ceases to have effect on the earlier of the following days—
(i)the day stated in the declaration;
(ii)the day that is 1 year after the declaration is made;
(iii)the day the declaration is revoked.
(5)A copy of a notice given to an owner of a dam under subsection (2) must be published in the gazette as soon as practicable after it is given.
(6)The Minister may declare a temporary full supply level more than once for a particular dam.
(7)In this section—
water security, of a dam, includes the reliability of water supply having regard to the availability of water stored in, and the cost of supplying water from, the dam.

s 390 ins 2012 No. 29 s 32

amd 2014 No. 64 s 254 sch 1

sub 2017 No. 11 s 27

amd 2019 No. 17 s 352

391[Repealed]

s 391 ins 2012 No. 29 s 32

om 2017 No. 11 s 27

392[Repealed]

s 392 ins 2012 No. 29 s 32

om 2017 No. 11 s 27

393[Repealed]

s 393 ins 2012 No. 29 s 32

om 2017 No. 11 s 27

394[Repealed]

s 394 ins 2012 No. 29 s 32

om 2017 No. 11 s 27

Division 3 [Repealed]

ch 4 pt 3 div 3 hdg ins 2012 No. 29 s 32

om 2017 No. 11 s 27

395[Repealed]

s 395 ins 2012 No. 29 s 32

amd 2014 No. 51 s 42; 2014 No. 64 s 254 sch 1

om 2017 No. 11 s 27

Division 4 Reviewing safety requirements for temporary full supply level

ch 4 pt 3 div 4 hdg ins 2012 No. 29 s 32

396Chief executive must review safety requirements

(1)This section applies if a temporary full supply level declared for a dam exceeds the full supply level stated in the resource operations licence under which the dam operates.
(2)The chief executive must review any requirements about safety (the safety requirements) applying to the dam under the safety conditions or flood mitigation manual for the dam.
(3)The review must be conducted within—
(a)1 month after the temporary full supply level is declared; or
(b)if the Minister requires a shorter period in writing—the shorter period.

s 396 ins 2012 No. 29 s 32

amd 2014 No. 64 s 254 sch 1

397Changing safety conditions in response to review

If the chief executive—
(a)reviews the safety requirements applying under the safety conditions for the dam; and
(b)having regard to the temporary full supply level, considers an amendment of the safety requirements is necessary;

the chief executive must arrange for the amendment to be made under section 356.

s 397 ins 2012 No. 29 s 32

398Amending flood mitigation manual in response to review

(1)If the chief executive—
(a)reviews the safety requirements applying under the flood mitigation manual for the dam; and
(b)having regard to the temporary full supply level, considers an amendment of the safety requirements is necessary;

the chief executive must advise the Minister of the proposed amendment.

(2)On receiving advice of an amendment, the Minister may arrange for the amendment to be made under section 372.

s 398 ins 2012 No. 29 s 32

Division 5 Miscellaneous provision

ch 4 pt 3 div 5 hdg ins 2012 No. 29 s 32

399No compensation payable

No compensation is payable to any person because of the operation of this part.

s 399 ins 2012 No. 29 s 32

Part 4 Reducing full supply level for safety purposes

ch 4 pt 4 hdg ins 2017 No. 11 s 28

399AApplication of part

This part applies to a dam to which a resource operations licence applies.

s 399A ins 2017 No. 11 s 28

399BDam owner may reduce full supply level in certain circumstances

(1)This section applies if a dam owner believes, based on advice of a registered professional engineer, that there is an unacceptable risk of a failure of a dam if it operates at the full supply level stated in the resource operations licence for the dam.
(2)The owner may reduce the full supply level of the dam to the level (the reduced full supply level) that lowers the risk of a failure of the dam to a level acceptable to the owner, having regard to the advice of the registered professional engineer.

Note—

For the effect of the reduced full supply level on the resource operations licence under which the dam operates, see the Water Act, section 813.
(3)The owner must, as soon as practicable after reducing the full supply level, give notice of the reduced full supply level to—
(a)the chief executive; and
(b)if the Water Act, section 813 is not administered in the department—the chief executive of the department in which the section is administered.
(4)The notice must—
(a)include the reasons why it is necessary to operate the dam at the reduced full supply level; and
(b)include the period for which it is necessary to operate the dam at the reduced full supply level; and
(c)be accompanied by a copy of the registered professional engineer’s advice about the reduced full supply level.
(5)No compensation is payable to any person because of the operation of this section.
(6)In this section—
unacceptable risk, of a failure of a dam, means a risk that is not acceptable under a guideline about the flood capacity of dams made under section 572.

s 399B ins 2017 No. 11 s 28

399CReporting requirements while full supply level reduced

(1)This section applies if a dam continues to operate at a reduced full supply level under section 399B for more than 1 year.
(2)The owner of the dam must, within 1 month after the end of each 1 year period after the full supply level is reduced, give a report to—
(a)the chief executive; and
(b)if the Water Act, section 813 is not administered in the department—the chief executive of the department in which the section is administered.
(3)The report must state—
(a)when the owner intends to allow the dam to return to the full supply level stated in the resource operations licence for the dam; and
(b)if the owner is a service provider—
(i)the impacts the reduced full supply level has had on the provider’s customers since its reduction; and
(ii)the likely future impacts on customers for the period for which the provider proposes to keep the dam at a reduced full supply level; and
(iii)the impacts the reduced full supply level has had or is likely to have on achieving the water plan outcomes for a water plan under the Water Act.

s 399C ins 2017 No. 11 s 28

Part 5 Particular works for Paradise Dam

ch 4 pt 5 hdg ins 2020 No. 3 s 135B

exp 31 December 2023 (see s 399I)

399D Application of part

This part applies if—
(a)the chief executive, under section 356(2), changes the safety conditions applying to the Paradise Dam; and
(b)the changed safety conditions are in relation to the carrying out of spillway works.

s 399D ins 2020 No. 3 s 135B

exp 31 December 2023 (see s 399I)

399E Definitions for part

In this part—
associated works means works associated with spillway works, including, for example—
(a)works necessary to ensure water can continue to be released from the Paradise Dam following the carrying out of spillway works; or
(b)works necessary to ensure fish can continue to move through the Paradise Dam following the carrying out of spillway works; or
(c)works to remediate land affected by spillway works.
spillway works means works to lower a spillway for the Paradise Dam in order to reduce the risk of the dam failing.

s 399E ins 2020 No. 3 s 135B

exp 31 December 2023 (see s 399I)

399F Application of other Acts to spillway works and associated works

(1)The following Acts do not apply in relation to the carrying out of spillway works or associated works—
(a)the Biosecurity Act 2014;
(b)the Building Act 1975;
(c)the Environmental Protection Act 1994;
(d)the Fisheries Act 1994;
(e)the Forestry Act 1959;
(f)the Land Act 1994;
(g)the Nature Conservation Act 1992;
(h)the Pest Management Act 2001;
(i)the Planning Act 2016;
(j)the Plumbing and Drainage Act 2018;
(k)the Recreation Areas Management Act 2006;
(l)the State Development and Public Works Organisation Act 1971;
(m)the Transport Infrastructure Act 1994;
(n)the Transport Operations (Marine Safety) Act 1994;
(o)the Transport Planning and Coordination Act 1994;
(p)the Vegetation Management Act 1999;
(q)the Water Act 2000.
(2)Also, the following provisions do not apply in relation to the carrying out of spillway works or associated works—
(a)the Local Government Act 2009, chapter 3, part 3, division 1;
(b)the applied provisions under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016;
(c)a provision of a local law;
(d)a provision of an Act, other than an Act mentioned in subsection (1), prescribed by regulation.
(3)The Minister may recommend to the Governor in Council the making of a regulation under subsection (2)(d) only if satisfied—
(a)the application of the provision to the carrying out of spillway works or associated works would significantly delay the carrying out of the works; and
(b)the making of the regulation will not adversely affect public health or safety.
(4)A regulation made under subsection (2)(d) expires on 31 December 2023.

s 399F ins 2020 No. 3 s 135B

exp 31 December 2023 (see s 399I)

399G Owner must give notice of spillway works and associated works

The owner of the Paradise Dam must, before starting any spillway works or associated works, give the chief executive notice of the works.

s 399G ins 2020 No. 3 s 135B

exp 31 December 2023 (see s 399I)

399H Amendment of resource operations licence for Paradise Dam

(1)This section applies in relation to a resource operations licence applying to the Paradise Dam.
(2)The chief executive (water) may amend the resource operations licence to the extent necessary to ensure consistency with the changed safety conditions applying to the Paradise Dam.
(3)The chief executive (water) must, within 30 business days of making the amendment, give the holder of the resource operations licence notice of the amendment and a copy of the amended licence.
(4)The Water Act 2000 applies in relation to the amended resource operations licence as if the amendment were made under that Act.
(5)In this section—
chief executive (water) means the chief executive of the department responsible for administering the Water Act 2000.

s 399H ins 2020 No. 3 s 135B

exp 31 December 2023 (see s 399I)

399I Expiry

This part expires on 31 December 2023.

s 399I ins 2020 No. 3 s 135B

exp 31 December 2023 (see s 399I)

Chapter 5 Investigations and enforcement matters

Part 1 Authorised officers

Division 1 Authorised officers’ functions and powers generally

400Functions

An authorised officer has the following functions—
(a)collecting information for this Act;
(b)conducting investigations and inspections—
(i)to monitor and enforce compliance with this Act, or the Planning Act so far as that Act relates to a development condition; and
(ii)to monitor the performance of a relevant service provider relating to its supply of a water or sewerage service.

s 400 amd 2014 No. 16 s 81

401Powers generally

(1)For performing an authorised officer’s functions, an authorised officer has the powers given to the authorised officer under this or another Act.
(2)An authorised officer is subject to the directions of the appointer in exercising the powers.

Division 2 Appointment of authorised officers

402Appointment and qualifications

(1)The chief executive or the regulator (the appointer) may appoint a person as an authorised officer.
(2)However, the appointer may appoint a person as an authorised officer only if the appointer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

403Appointment conditions and limit on powers

(1)An authorised officer holds office on any conditions stated in—
(a)the authorised officer’s instrument of appointment; or
(b)a signed notice given to the authorised officer; or
(c)a regulation.
(2)The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.
(3)In this section—
signed notice means a notice signed by the appointer.

404Issue of identity card

(1)The appointer must issue an identity card to each authorised officer.
(2)The identity card must—
(a)contain a recent photograph of the authorised officer; and
(b)contain a copy of the authorised officer’s signature; and
(c)identify the person as an authorised officer under this Act; and
(d)state an expiry date.
(3)This section does not prevent the giving of a single identity card to a person for this Act and other purposes.

405Production or display of identity card

(1)In exercising a power under this Act in relation to a person, an authorised officer must—
(a)produce the authorised officer’s identity card for the person’s inspection before exercising the power; or
(b)have the identity card displayed so it is clearly visible to the person when exercising the power.
(2)However, if for any reason it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.
(3)For subsection (1), an authorised officer does not exercise a power in relation to a person only because the authorised officer, as authorised under this Act, enters—
(a)a public place when it is open to the public; or
(b)a place for the purpose of asking the occupier of the place for consent to enter.

406When authorised officer ceases to hold office

(1)An authorised officer ceases to hold office if any of the following happens—
(a)the term of office stated in a condition of office ends;
(b)under another condition of office, the authorised officer ceases to hold office;
(c)the authorised officer’s resignation takes effect.
(2)Subsection (1) does not limit the ways an authorised officer may cease to hold office.
(3)In this section—
condition of office means a condition on which the authorised officer holds office.

407Resignation

An authorised officer may resign by signed notice given to the appointer.

408Return of identity card

A person who ceases to be an authorised officer must return the person’s identity card to the appointer within 15 business days after ceasing to be an authorised officer unless the person has a reasonable excuse for not returning it.

Maximum penalty—50 penalty units.

Part 2 Powers of authorised officers

Division 1 Entry of places

409Definition for pt 2

In this part—
land means a parcel of land other than the part on which there is erected a building or structure that is—
(a)a dwelling place; or
(b)being used, at the relevant time, as a dwelling place.

410Power to enter land to monitor compliance

An authorised officer may, at any reasonable time, enter land to find out if—
(a)the Planning Act is being complied with in relation to a development condition; or
(b)a drinking water quality management plan or a recycled water management plan, or the conditions of the plans, are being complied with; or
(c)a notice given to a drinking water service provider under section 630(2) is being complied with.

s 410 amd 2010 No. 53 s 229; 2014 No. 16 s 82; 2014 No. 31 s 36

411Power to enter land in relation to information collection

(1)An authorised officer may, at any reasonable time—
(a)enter land to inspect—
(i)a dam or a referable dam on the land; or
(ii)any records about a referable dam; or
(b)enter other land to ascertain—
(i)the impact a failure of the dam or referable dam would have; or
(ii)if there are factors that are likely to cause the dam or referable dam to fail; or
(iii)if a failure impact assessment of the dam or referable dam should be requested.
(2)For exercising a power mentioned in subsection (1), an authorised officer may enter and cross any land to access land mentioned in the subsection.

412Power to enter places for other purposes

(1)An authorised officer may enter a place for a purpose other than a purpose mentioned in section 410 or 411 if—
(a)an occupier of the place consents to the entry; or
(b)it is a public place and the entry is made when it is open to the public; or
(c)the entry is authorised by a warrant; or
(d)it is a place of business to which this Act relates and is—
(i)open for carrying on the business; or
(ii)otherwise open for entry.
(2)For the purpose of asking an occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—
(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(b)enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.
(3)For section (1)(d), a place of business does not include a part of the place where a person resides.

Division 2 Procedure for entry

413Entry with consent

(1)This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 412(1)(a).
(2)Before asking for the consent, the authorised officer must tell the occupier—
(a)the purpose of the entry; and
(b)that the occupier is not required to consent.
(3)If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
(4)The acknowledgement must state—
(a)the occupier has been told—
(i)the purpose of the entry; and
(ii)that the occupier is not required to consent; and
(b)the purpose of the entry; and
(c)the occupier gives the authorised officer consent to enter the place and exercise powers under this part; and
(d)the time and date the consent was given.
(5)If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
(6)If—
(a)an issue arises in a proceeding about whether the occupier consented to the entry; and
(b)an acknowledgement complying with subsection (4) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

414Application for warrant

(1)An authorised officer may apply to a magistrate for a warrant for a place.
(2)The authorised officer must prepare a written application that states the grounds on which the warrant is sought.
(3)The written application must be sworn.
(4)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the written application to be given by statutory declaration.

415Issue of warrant

(1)The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting—
(a)there is a particular thing or activity (the evidence) that may provide evidence of—
(i)an offence against this Act; or
(ii)a Planning Act offence; and
(b)the evidence is at the place, or, within the next 7 days, will be at the place.
(2)The warrant must state—
(a)the place to which the warrant applies; and
(b)that any authorised officer or a stated authorised officer may, with necessary and reasonable help and force—
(i)enter the place and any other place necessary for the entry; and
(ii)exercise the authorised officer’s powers under this chapter; and
(c)particulars of the offence that the magistrate considers appropriate in the circumstances; and
(d)the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and
(e)the evidence that may be seized under the warrant; and
(f)the hours of the day or night when the place may be entered; and
(g)the extent of re-entry permitted; and
(h)the date, within 14 days after the warrant’s issue, the warrant ends.
(3)A provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.

s 415 amd 2011 No. 6 s 139

416Application by electronic communication and duplicate warrant

(1)An application under section 414 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—
(a)urgent circumstances; or
(b)other special circumstances, including, for example, the authorised officer’s remote location.
(2)The application—
(a)may not be made before the authorised officer prepares the written application under section 414(2); but
(b)may be made before the written application is sworn.
(3)The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—
(a)it was necessary to make the application under subsection (1); and
(b)the way the application was made under subsection (1) was appropriate.
(4)After the magistrate issues the original warrant—
(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or
(b)otherwise—
(i)the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and
(ii)the authorised officer must complete a form of warrant, including by writing on it—
(A)the magistrate’s name; and
(B)the date and time the magistrate issued the warrant; and
(C)the other terms of the warrant.
(5)The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.
(6)The authorised officer must, at the first reasonable opportunity, send to the magistrate—
(a)the written application complying with section 414(2) and (3); and
(b)if the authorised officer completed a form of warrant under subsection (4)(b)—the completed form of warrant.
(7)The magistrate must keep the original warrant and, on receiving the documents under subsection (6)—
(a)attach the documents to the original warrant; and
(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.
(8)Despite subsection (5), if—
(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
(b)the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(9)This section does not limit section 414.
(10)In this section—
relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.

417Defect in relation to a warrant

(1)A warrant is not invalidated by a defect in the warrant, or in compliance with section 414, 415 or 416, unless the defect affects the substance of the warrant in a material particular.
(2)In this section—
warrant includes a duplicate warrant mentioned in section 416(5).

418Warrants—procedure before entry

(1)This section applies if an authorised officer is intending to enter a place under a warrant issued under this part.
(2)Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—
(a)identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the authorised officer’s appointment;
(b)give the person a copy of the warrant;
(c)tell the person the authorised officer is permitted by the warrant to enter the place;
(d)give the person an opportunity to allow the authorised officer immediate entry to the place without using force.
(3)However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
(4)In this section—
warrant includes a duplicate warrant mentioned in section 416(5).

s 418 amd 2011 No. 6 s 140

Division 3 Powers after entry

419General powers after entering places

(1)This section applies to an authorised officer who enters a place under this part.
(2)However, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.
(3)The authorised officer may do any of the following—
(a)search any part of the place;
(b)inspect, measure, test, photograph or film any part of the place or anything at the place;
(c)take a thing, or a sample of or from a thing, at the place for analysis or testing;
(d)copy a document at the place or take the document to another place to copy it;
(e)take into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this part;
(f)require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e);
(g)require a person at the place to give the authorised officer information to help the authorised officer ascertain whether the Act is being or has been complied with.
(4)When making a requirement mentioned in subsection (3)(f) or (g), the authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.
(5)If an authorised officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.

s 419 amd 2009 No. 46 s 140

420Failure to help authorised officer

(1)A person required to give reasonable help under section 419(3)(f) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If the person is an individual, it is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.

421Failure to give information

(1)A person of whom a requirement is made under section 419(3)(g) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If the person is an individual, it is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.

Part 3 Power to seize evidence

422Seizing evidence

(1)This section applies if, under part 2, an authorised officer enters a place after obtaining the consent of an occupier or under a warrant.
(2)If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if—
(a)the authorised officer reasonably believes the thing is evidence of—
(i)an offence against this Act; or
(ii)a Planning Act offence; and
(b)seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
(3)If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.
(4)The authorised officer may seize anything else at the place if the authorised officer reasonably believes—
(a)the thing is evidence of—
(i)an offence against this Act; or
(ii)a Planning Act offence; and
(b)the seizure is necessary to prevent the thing being—
(i)hidden, lost or destroyed; or
(ii)used to continue, or repeat, the offence.
(5)Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing—
(a)an offence against this Act; or
(b)a Planning Act offence.

s 422 amd 2011 No. 6 s 141

423Securing seized things

Having seized a thing, an authorised officer may—
(a)move the thing from the place where it was seized (the place of seizure); or
(b)leave the thing at the place of seizure but take reasonable action to restrict access to it; or

Examples of restricting access to a thing—

1sealing a thing and marking it to show access to it is restricted
2sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted
(c)if the thing is equipment—make it inoperable.

Example of making equipment inoperable—

dismantling equipment or removing a component of equipment without which the equipment is not capable of being used

424Tampering with seized things

(1)If an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval.

Maximum penalty—100 penalty units.

(2)If an authorised officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised officer’s approval.

Maximum penalty—100 penalty units.

425Powers to support seizure

(1)To enable a thing to be seized, an authorised officer may require the person in control of it—
(a)to take it to a stated reasonable place by a stated reasonable time; and
(b)if necessary, to remain in control of it at the stated place for a stated reasonable period.
(2)The requirement—
(a)must be made by notice in the approved form; or
(b)if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.
(3)A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.
(4)A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty for subsection (4)—50 penalty units.

426Receipts for seized things

(1)As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.
(2)However, if for any reason it is not practicable to comply with subsection (1), the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.
(3)The receipt must describe generally each thing seized and its condition.
(4)This section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt, having regard to the thing’s nature, condition and value.

427Forfeiture by authorised officer

(1)A thing that has been seized under this part is forfeited to the State if the authorised officer who seized the thing—
(a)can not find its owner, after making reasonable inquiries; or
(b)can not return it to its owner, after making reasonable efforts.
(2)In applying subsection (1)—
(a)subsection (1)(a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and
(b)subsection (1)(b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.

Example for paragraph (b)—

The owner of the thing has migrated to another country.
(3)Regard must be had to a thing’s nature, condition and value in deciding—
(a)whether it is reasonable to make inquiries or efforts; and
(b)if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

428Forfeiture on conviction

(1)On conviction of a person for either of the following, the court may order the forfeiture to the State of anything owned by the person and seized under this part—
(a)an offence against this Act;
(b)a Planning Act offence.
(2)The court may make any order to enforce the forfeiture it considers appropriate.
(3)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

429Dealing with forfeited things

(1)On forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.
(2)Without limiting subsection (1), the chief executive may destroy or dispose of the thing.

430Return of seized things

(1)If a seized thing is not forfeited, the authorised officer must return it to its owner—
(a)at the end of 6 months; or
(b)if a proceeding for either of the following involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding—
(i)an offence against this Act;
(ii)a Planning Act offence.
(2)Despite subsection (1), unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied—
(a)its continued retention as evidence is necessary; or
(b)its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.

431Access to seized things

(1)Until a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.
(2)This section does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.

Part 4 Power to require information

432Power to require name and address

(1)This section applies if an authorised officer—
(a)finds a person committing an offence against this Act; or
(b)finds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed an offence against this Act; or
(c)has information that leads the authorised officer reasonably to suspect a person has just committed an offence against this Act.
(2)The authorised officer may require the person to state the person’s name and residential address.
(3)When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.
(4)Also, the authorised officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence.

433Failure to give name or address

(1)A person of whom a requirement under section 432 is made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)A person does not commit an offence against subsection (1) if—
(a)the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and
(b)the person is not proved to have committed the offence.

434Power to require information or documents

(1)Subsection (2) applies if an authorised officer reasonably believes—
(a)an offence against this Act has been committed; and
(b)a person may be able to give information about the offence.
(2)The authorised officer may, by notice given to the person, require the person to give the authorised officer, either orally or in writing, information in the person’s knowledge about the offence within a stated reasonable period and in a stated reasonable way.
(3)An authorised officer may, by notice given to a person, require the person to give an authorised officer, within a stated reasonable period and in a stated reasonable way, a document in the person’s possession or control relating to a service provider’s registered service or a recycled water provider’s production or supply of recycled water.
(4)The authorised officer may keep the document mentioned in subsection (3) to copy it.
(5)If the authorised officer copies the document, or an entry in the document, the chief executive or officer may require the person who has possession or control of the document to certify the copy as a true copy of the document or entry.
(6)The authorised officer must return the document to the person as soon as practicable after copying it.
(7)A person of whom a requirement is made under subsection (2), (3) or (5) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(8)If the person is an individual, it is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) or (3) that complying with the requirement might tend to incriminate the person.
(9)However, if the person is an individual, evidence of, or evidence directly or indirectly derived from, the information that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.
(10)If a court convicts a person of an offence against subsection (7), the court may also order the person to give a stated authorised officer, within a stated period and in a stated way, information or a document to which the requirement related.

Note—

The powers in this part are limited by part 2 (Powers of authorised officers).

s 434 amd 2013 No. 23 s 352 sch 1pt 1

Part 5 Particular enforcement provisions relating to drinking water and recycled water

Division 1 Preliminary

ch 5 pt 5 div 1 hdg ins 2009 No. 46 s 141

435Application of pt 5

(1)This part applies if—
(a)the regulator is satisfied or reasonably believes that—
(i)a noncompliance has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, and the noncompliance may have an adverse effect on public health; or
(ii)an event has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health; and

Example for subparagraph (ii)—

Contaminated water has leaked from an industrial site into a source of drinking water.
(b)the regulator is satisfied or reasonably believes that—
(i)urgent action is necessary to prevent or minimise the adverse effect; or
(ii)the noncompliance or event has happened on another occasion in relation to the recycled water scheme or drinking water service and action is necessary to prevent the noncompliance or event from happening again.
(2)In this section—
noncompliance means—
(a)a drinking water service provider has not complied with—
(i)the drinking water quality management plan or a condition of the plan for the provider’s drinking water service; or
(ii)a notice issued to the provider under section 630(2); or
(b)a scheme manager, recycled water provider or other declared entity for a recycled water scheme has not complied with the recycled water management plan for the scheme or a condition of the plan.

s 435 sub 2009 No. 46 s 141

amd 2010 No. 53 s 230; 2014 No. 16 s 83; 2014 No. 31 s 37

Division 2 Enforcement provisions

ch 5 pt 5 div 2 hdg ins 2009 No. 46 s 141

436Power about preventing or minimising adverse effects—general

(1)The regulator may, for the purpose of preventing or minimising the adverse effect—
(a)direct any person to take stated reasonable steps within a stated reasonable period; or
(b)take the reasonable steps; or
(c)authorise an authorised officer to take the reasonable steps.
(2)A direction under subsection (1)(a) may be given orally or by written notice.
(3)However, if the direction is given orally, the regulator must as soon as practicable confirm the direction by notice given to the person.
(4)When giving a person a direction under subsection (1)(a), the regulator must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.

s 436 amd 2009 No. 46 s 142

437Offence to fail to comply with direction

A person given a direction under section 436(1)(a) must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—1,665 penalty units.

438Particular powers of regulator or authorised officer

(1)If the regulator decides to take the reasonable steps, or authorise an authorised officer to take the reasonable steps, the regulator or officer may—
(a)without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and
(b)in taking the steps, exercise any powers of an authorised officer under part 2, 3 or 4.
(2)Before entering a place under subsection (1)(a), the regulator must do or make a reasonable attempt to do the following—
(a)tell the occupier of the place the regulator is permitted under this Act to enter the place;
(b)give the occupier an opportunity to allow the regulator immediate entry to the place without using force.
(3)Before entering a place under subsection (1)(a), the authorised officer must do or make a reasonable attempt to do the following—
(a)comply with section 405(1);
(b)tell the occupier of the place the officer is permitted under this Act to enter the place;
(c)give the occupier an opportunity to allow the officer immediate entry to the place without using force.

439How powers may be exercised

(1)The regulator or authorised officer may exercise the powers mentioned in section 438 (the emergency powers) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.
(2)In exercising or attempting to exercise emergency powers in relation to a place, the regulator or authorised officer must take all reasonable steps to ensure the regulator or officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.

440Regulator’s powers not affected

This division does not limit any power the regulator has apart from this division.

Division 3 Cost recovery

ch 5 pt 5 div 3 hdg ins 2009 No. 46 s 143

441Definitions for div 3

In this division—
cost recovery notice see section 443(2).
costs and expenses includes labour, equipment and administrative costs and expenses.
event means anything that has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health.

s 441 def event sub 2010 No. 53 s 231; 2014 No. 31 s 38

noncompliance see section 435(2).
prescribed person see section 442(1).
water supply incident means—
(a)a noncompliance; or
(b)an event.

s 441 sub 2009 No. 46 s 143

442Who is a prescribed person for a water supply incident

(1)Each of the following is a prescribed person for a water supply incident—
(a)for a noncompliance—the relevant provider responsible for the noncompliance;
(b)for an event that has happened—
(i)a person who caused or permitted the event to happen; and
(ii)a person who at the time of the event was—
(A)the occupier of a place at which the event happened; or
(B)the owner, or person in control, of a contaminant involved in the event;
(c)for an event that is likely to happen—
(i)a person who would be responsible for causing the event if it were to happen; and
(ii)a person who is—
(A)the occupier of a place at which the event is likely to happen; or
(B)the owner, or person in control, of a contaminant likely to be involved in the event.
(2)In this section—
contaminant means anything likely to affect a recycled water scheme or drinking water service in a way that would have an adverse effect on public health.
relevant provider means—
(a)a drinking water service provider; or
(b)a recycled water provider or other declared entity for a recycled water scheme; or
(c)a scheme manager for a multiple-entity recycled water scheme.

s 442 ins 2009 No. 46 s 143

443Regulator may give notice for recovery of costs

(1)This section applies if—
(a)the regulator decides to take reasonable steps, or authorises an authorised officer to take reasonable steps, under section 436 in relation to a water supply incident; and
(b)the regulator or authorised officer takes the reasonable steps.
(2)The regulator may decide to give a notice (a cost recovery notice) to a person who the regulator is satisfied is a prescribed person for the water supply incident for payment of the costs and expenses reasonably incurred in taking the reasonable steps.
(3)However, subsection (2) does not apply if the water supply incident was caused by a natural disaster.
(4)The cost recovery notice must—
(a)state the following—
(i)the name of the recipient;
(ii)a description of the water supply incident;
(iii)the place at which the regulator is satisfied the water supply incident happened;
(iv)the amount claimed;
(v)a description of the costs and expenses giving rise to the amount claimed;
(vi)that if the recipient does not pay the amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount from the recipient as a debt;
(vii)the contact details of the regulator; and
(b)include or be accompanied by an information notice for the decision to give the cost recovery notice.

s 443 ins 2009 No. 46 s 143

444Regulator may recover costs

(1)If the recipient of a cost recovery notice does not pay the amount claimed to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount under subsection (4) from the recipient as a debt.
(2)However, the amount is not payable if the recipient is not a prescribed person.
(3)Also, the amount is not payable if—
(a)the water supply incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and
(b)the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident.
(4)An amount that is a debt under subsection (1) bears interest at the rate stated in a regulation.
(5)If a cost recovery notice is given to 2 or more recipients the amount claimed in the notice is payable by the recipients jointly and severally.
(6)To the extent that the recipient pays an amount in compliance with a cost recovery notice but did not cause or permit the water supply incident to happen, the recipient may recover the amount as a debt from another person who caused or permitted the water supply incident to happen.

s 444 ins 2009 No. 46 s 143

Part 5A Particular provisions to monitor relevant service providers

ch 5 pt 5A hdg ins 2014 No. 16 s 85

Division 1 Investigations

ch 5 pt 5A div 1 hdg ins 2014 No. 16 s 85

445When regulator may investigate and recover costs

(1)This section applies if the regulator reasonably believes there is a risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service.
(2)Without limiting section 403, the regulator may start, or direct an authorised officer to start, an investigation about the provider’s supply of its service.
(3)The regulator must give the provider a copy of any report prepared because of the investigation.
(4)The regulator may decide to require the provider to pay the reasonable costs incurred by the regulator in conducting the investigation.
(5)However, the requirement may only be made if, because of the investigation, the regulator is satisfied there is a risk to water security or continuity of the supply of the provider’s service.
(6)The regulator must give the provider an information notice about the decision that also states the following—
(a)the amount claimed;
(b)a description of the reasonable expenses giving rise to the amount;
(c)that if the provider does not pay the regulator the amount within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable under subsection (8), from the provider as a debt.
(7)If the provider does not comply with the requirement, the regulator may recover from the provider the amount claimed, and any interest payable on the amount under subsection (8), as a debt owing in a court of competent jurisdiction.
(8)The debt bears interest at the rate prescribed under a regulation.

s 445 prev s 445 ins 2009 No. 46 s 143

om 2014 No. 16 s 84

pres s 445 ins 2014 No. 16 s 85

Division 2 Improvement plans

ch 5 pt 5A div 2 hdg ins 2014 No. 16 s 85

446Regulator may require an improvement plan

(1)This section applies if, because of an investigation under section 445, the regulator—
(a)is satisfied a circumstance mentioned in section 445(1) exists for a relevant service provider; and
(b)is not satisfied adequate measures to address the circumstance are in place.
(2)The regulator may decide to give the provider a notice (an improvement notice), requiring the provider to make a plan (an improvement plan) about the following—
(a)how the provider intends to address the recommendations from the investigation that need to be addressed in the improvement plan;
(b)the funding options for addressing the recommendations;
(c)the time frames for implementing the plan;
(d)the requirements for reporting on the progress of implementing the plan.
(3)However, before giving the improvement notice, the regulator must—
(a)give the provider a show cause notice for the decision; and
(b)consider any properly made submissions given in response to the show cause notice.
(4)The improvement notice must—
(a)state the following—
(i)that the regulator requires the provider to do the following—
(A)make the improvement plan and give the regulator a copy of it within a stated reasonable period;
(B)implement the plan;
(ii)the recommendations from the investigation that the plan must address;
(iii)the outcomes required to be achieved by implementing the plan; and
(b)include, or be accompanied by, an information notice about the decision.

s 446 ins 2014 No. 16 s 85

447Offence to contravene improvement notice

A relevant service provider given an improvement notice under section 446 must comply with the notice, unless the provider has a reasonable excuse.

Maximum penalty—1,000 penalty units.

s 447 ins 2014 No. 16 s 85

Division 3 Directions for water security or continuity of supply

ch 5 pt 5A div 3 hdg ins 2014 No. 16 s 85

448Power to give direction for water security or continuity of supply

(1)This section applies if the regulator—
(a)reasonably believes that—
(i)there is an imminent risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service; and
(ii)urgent action is necessary to prevent or minimise the risk; and
(b)is not satisfied adequate measures to address the risk are in place.
(2)The regulator may, for the purpose of preventing or minimising the risk, by notice direct the provider to take stated reasonable steps within a stated reasonable period.
(3)The regulator must, as soon as practicable after giving the direction, give the provider an information notice about the decision to give the direction.

s 448 ins 2014 No. 16 s 85

449Offence to contravene direction

A relevant service provider given a direction under section 448 must comply with the direction, unless the provider has a reasonable excuse.

Maximum penalty—1,665 penalty units.

s 449 ins 2014 No. 16 s 85

Part 6 Other matters

450Notice of damage

(1)This section applies if—
(a)an authorised officer damages property when exercising or purporting to exercise a power; or
(b)a person (the other person) acting under the direction or authority of an authorised officer damages property.
(2)The authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.
(3)If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s, or other person’s, control, the authorised officer may state the belief in the notice.
(4)If, for any reason, it is impracticable to comply with subsection (2), the authorised officer must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way.
(5)This section does not apply to damage the authorised officer reasonably believes is trivial.
(6)In this section—
owner, of property, includes a person in possession or control of it.

451Compensation

(1)If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2, division 1 or 3, or part 5, the person may claim compensation from the State.
(2)Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the division.
(3)Compensation may be claimed and ordered to be paid in a proceeding—
(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
(b)for an offence against this Act brought against the person claiming compensation.
(4)A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.

452Sections 452–459 not used

See editor’s note for section 1.

Part 7 Obtaining criminal history reports

460Purpose of pt 7

The purpose of this part is to help an authorised officer to decide whether the authorised officer’s unaccompanied entry of a place under part 2 would create an unacceptable level of risk to the authorised officer’s safety.

461Chief executive’s power to obtain criminal history report

(1)The chief executive may ask the commissioner of the police service for a written report about the criminal history of a person if an authorised officer reasonably suspects the person may be present at a place when the authorised officer enters the place under part 2.
(2)The commissioner of the police service must give the report to the chief executive.
(3)However, the report is required to contain only criminal history that is in the commissioner’s possession or to which the commissioner has access.
(4)The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving the use of a weapon or violence against a person.
(5)The chief executive may give the authorised officer information in the report about the offences identified under subsection (4).

462Criminal history is confidential document

(1)A person must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 461.

Maximum penalty—100 penalty units.

(2)However, the person does not contravene subsection (1) if—
(a)the disclosure of the report or information is for the purpose of the other person performing a function under or in relation to this Act; or
(b)the disclosure is otherwise required or permitted by law.
(3)The chief executive or an authorised officer to whom the report or written information in the report is provided must destroy the report as soon as practicable after the authorised officer considers the risk mentioned in section 460.

Part 8 Notices and cost recovery

ch 5 pt 8 hdg sub 2009 No. 46 s 144

Division 1 Show cause notices

463General requirements for show cause notices

(1)A show cause notice must state the following—
(a)the proposed action;
(b)the grounds for the proposed action;
(c)the facts and circumstances forming the basis for the grounds;
(d)that a person given a show cause notice, or a copy of the notice, may make submissions about the show cause notice;
(e)how the submission may be made;
(f)where the submission may be made or sent;
(g)a day and time within which the submission must be made.
(2)The day stated in the notice must be, or must end, at least 15 business days after the notice is given.

464Show cause notice must be given

(1)The regulator must, before giving a service provider a compliance notice for a matter, give the service provider a show cause notice about the matter.
(2)Subsection (1) does not apply to a compliance notice given to a drinking water service provider or a recycled water provider in relation to a matter involving drinking water or recycled water.

Division 2 Compliance notices

465Who may give compliance notice

(1)This section applies if the chief executive, regulator or an authorised officer reasonably believes—
(a)a person—
(i)is contravening a provision of this Act; or
(ii)has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and
(b)a matter relating to the contravention is reasonably capable of being rectified; and
(c)it is appropriate to give the person an opportunity to rectify the matter.
(2)The chief executive, regulator or authorised officer may give the person a notice (a compliance notice) requiring the person to remedy the contravention.
(3)Subsection (4) applies if the giving of the compliance notice is for a matter for which a show cause notice has been given by the regulator.
(4)The compliance notice may be given only if, after considering any properly made submission by the service provider about the show cause notice, the regulator still believes it is appropriate to give the compliance notice.

466Compliance notice

(1)A compliance notice must state the following—
(a)that the chief executive, regulator or authorised officer reasonably believes the person to whom the notice is to be given—
(i)is contravening a provision of this Act; or
(ii)has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated;
(b)the provision the chief executive, regulator or authorised officer believes is being, or has been, contravened;
(c)briefly, how it is believed the provision is being, or has been contravened;
(d)that the person must remedy the contravention within a stated reasonable period;
(e)that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse;
(f)that, within 30 business days after the notice is given, the person may apply for an internal review of the decision to give the notice;
(g)how the person may apply for the review.
(2)The compliance notice may also state the reasonable steps that the chief executive, regulator or authorised officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision.
(3)If a compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved.
(4)If a compliance notice requires the person to refrain from doing an act, it also must state—
(a)a period for which the requirement applies; or
(b)that the requirement applies until further notice.
(5)A person to whom a compliance notice is given must comply with the compliance notice unless the person has a reasonable excuse.

Maximum penalty—

(a)if the compliance notice relates to an offence—the number of penalty units that applies for the offence; or
(b)otherwise—100 penalty units.

(6)If it is an offence to contravene a provision and a compliance notice is given, the person can not be prosecuted for that offence unless the person contravenes subsection (4) in relation to the compliance notice.

s 466 amd 2009 No. 24 s 969

467Chief executive or regulator may take action and recover costs

(1)If a person to whom a compliance notice is given contravenes the notice by not doing something, the chief executive or regulator may do the thing.
(2)Subsection (3) applies if—
(a)under section 359(2), a notice is taken to be a compliance notice; and
(b)the person to whom the notice is given has not complied with the notice by the day stated in the notice.
(3)The chief executive may, instead of doing the thing under subsection (1), take any action the chief executive reasonably believes is necessary to prevent or minimise the impact of the failure of the dam.
(4)If the chief executive or regulator incurs expense in doing a thing under subsection (1) or (3), the chief executive or regulator must give the person a notice stating the amount of the expense incurred.
(5)Any reasonable expenses incurred by the chief executive or regulator in doing anything under subsection (1) or (3) may be recovered by the chief executive or regulator as a debt.
(6)A debt under subsection (5) bears interest at the rate stated in a regulation.

Division 3 Cost recovery

ch 5 pt 8 div 3 hdg ins 2009 No. 46 s 145

468Regulator may engage expert and recover costs

(1)This section applies if the regulator—
(a)reasonably believes a person is contravening, or has contravened, a provision of this Act; and
(b)reasonably considers the suspected contravention—
(i)has had, may have had, or may have an adverse effect on public health; or
(ii)is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues.
(2)The regulator may engage an expert with suitable qualifications, expertise or experience to investigate and give advice about matters relevant to the suspected contravention.
(3)If, after receiving the expert’s advice, the regulator reasonably believes the person is contravening or has contravened a provision of this Act, the regulator may give the person a notice claiming a stated amount (the claimed amount) for the reasonable expenses incurred by the regulator in engaging the expert.
(4)The notice must—
(a)state the claimed amount; and
(b)include a description of the reasonable expenses giving rise to the claimed amount; and
(c)state that if the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable on the amount under subsection (6), from the person as a debt; and
(d)include or be accompanied by an information notice for the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act.
(4A)However, if the person has applied under section 512 for a review of the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act, the regulator can not recover the amount—
(a)until the internal review has been concluded; and
(b)unless the review decision confirms the regulator’s decision.
(5)If the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the amount, and any interest payable on the amount under subsection (6), may be recovered by the regulator as a debt.
(6)A claimed amount that is a debt under subsection (5) bears interest at the rate stated in a regulation.

s 468 sub 2009 No. 46 s 145

amd 2014 No. 16 s 86

469Sections 469–474 not used

See editor’s note for section 1.

s 469 ins 2009 No. 46 s 145

Part 9 Enforcement proceedings

475Starting proceeding for enforcement order

(1)Subject to subsection (2), a person may start a proceeding in a District Court—
(a)for an enforcement order to remedy or restrain the commission of an offence against this Act; or
(b)if the person has started a proceeding under paragraph (a) for an enforcement order and the court has not decided the proceeding—for an order under section 478; or
(c)for an order that a person who has committed an offence against this Act pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence.
(2)A proceeding for an enforcement order in relation to an offence against a following provision of this Act may be started only by the person stated for the provision—
(a)a provision of chapter 2, part 4, division 1 or chapter 3 or section 26, 106 to 108A, 110, 112, 142 to 142B, 190, 447, 449, 531, 575A, 576A or 630—the regulator;
(b)section 43, 47, 144, 145, 193, 194 or 195—the service provider;
(c)section 168, 191 or 192—the regulator or the service provider.
(3)Subsection (2)(a) applies for an offence against section 531 only if the appointment of the administrator was made for section 530(1)(a).
(4)A proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence.
(5)If a person other than the chief executive starts a proceeding under this section, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding.

s 475 amd 2014 No. 16 s 101 sch 1

476Proceeding started in a representative capacity

(1)A proceeding for an enforcement order may be started by a person on behalf of an entity with the entity’s consent.
(2)If the entity on whose behalf the proceeding is started is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.
(3)The entity on whose behalf the proceeding is started may contribute to, or pay, the legal costs incurred by the person starting the proceeding.

477Starting proceeding for enforcement order without notice

(1)A person may start a proceeding for an enforcement order without notice to the other party.
(2)Without limiting the discretion of a District Court in the exercise of its equitable jurisdiction, it may, with or without conditions—
(a)grant the order for a limited period stated in the order; or
(b)grant the order until the trial of the proceeding; or
(c)grant an order for a limited period prohibiting a person from leaving Australia; or
(d)make another order.

Example of an injunction under subsection (2)(c)—

This order may be used if the departure of the person would render a proceeding useless, including, for example, because the person’s departure would make it impossible to have an enforcement hearing in relation to a judgment against the person and so ascertain the location of the person’s assets. Conditions imposed may, for example, relate to payment of an amount, or surrendering a passport, to the court.

478Making interim enforcement order

(1)A District Court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.
(2)The court may make the order subject to conditions, including a condition requiring the applicant for the order to give an undertaking to pay damages.

479Making enforcement order

(1)A District Court may make an enforcement order if the court is satisfied the offence—
(a)is being, or has been, committed; or
(b)will be committed unless the enforcement order is made.
(2)If the court is satisfied the offence is being or has been committed, it may make either or both of the following orders—
(a)an enforcement order whether or not there has been a prosecution for the offence;
(b)an order for exemplary damages.
(3)In considering whether to make an order for exemplary damages, the court may consider—
(a)any adverse impact on public health resulting, or likely to result, because of the commission of the offence; and
(b)any financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence.
(4)If an order is made for exemplary damages, the amount of the damages must be paid to the consolidated fund.

480Effect of enforcement order

(1)An enforcement order may direct the respondent—
(a)to stop an activity that constitutes, or will constitute, an offence against this Act; or
(b)not to start an activity that will constitute an offence against this Act; or
(c)to do anything required to stop committing an offence against this Act; or
(d)to return anything to a condition as close as practicable to the condition it was in immediately before an offence against this Act was committed; or
(e)to do anything to comply with this Act.
(2)Without limiting the District Court’s powers, it may make an enforcement order requiring the repairing, demolition or removal or modification of a referable dam.
(3)An enforcement order must state the time by which it must be complied with.
(4)An enforcement order—
(a)may be in terms the court considers appropriate to secure compliance with this Act; and
(b)must state the day by which the order must be complied with.

481Powers about enforcement orders

(1)A District Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised—
(a)whether or not it appears to the court the person against whom the order is made (the relevant person) intends to engage, or to continue to engage, in the activity; or
(b)whether or not the relevant person has previously engaged in an activity of the kind; or
(c)whether or not there is danger of substantial damage to property or injury to another person if the relevant person engages, or continues to engage, in the activity; or
(d)whether or not there is risk of failure of a referable dam.
(2)The court’s power to make an enforcement order to do anything may be exercised—
(a)whether or not it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or
(b)whether or not the person has previously failed to do a thing of the kind; or
(c)whether or not there is danger of substantial damage to property or injury to another person if the relevant person fails, or continues to fail, to do the thing; or
(d)whether or not there is risk of failure of a referable dam.
(3)The court may cancel or change an enforcement order on the application of the person who started the proceeding or the person against whom the order is made.
(4)The court’s powers under this section are in addition to, and do not limit, its other powers.

482Parties to pay own costs for proceedings

(1)Each party to a proceeding for an enforcement order must bear the party’s own costs for the proceeding.
(2)However, the court may order a party to a proceeding to pay costs to another party if the court considers—
(a)the proceeding was frivolous or vexatious; or
(b)the party has incurred costs because the other party defaulted in the procedural requirements.

Chapter 6 Offences, evidentiary matters and legal proceedings

Part 1 General offences

483False or misleading statements

(1)A person must not state anything to the chief executive, regulator or an authorised officer that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

(2)A complaint against a person for an offence against subsection (1) is sufficient if it states that the document was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.

484False or misleading documents

(1)A person must not give the chief executive, regulator or an authorised officer a document containing information that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

(2)A complaint against a person for an offence against subsection (1) is sufficient if it states that the document was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.

485Obstructing an authorised officer

(1)A person must not obstruct an authorised officer in the exercise of a power unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)If a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—
(a)it is an offence to obstruct the authorised officer unless the person has a reasonable excuse; and
(b)the authorised officer considers the person’s conduct an obstruction.
(3)In this section—
obstruct includes assault, hinder and threaten, and attempt to obstruct.

486Impersonation of an authorised officer

A person must not pretend to be an authorised officer.

Maximum penalty—200 penalty units.

487Liability of executive officer—particular offences committed by corporation

(1)An executive officer of a corporation commits an offence if—
(a)the corporation commits an offence against an executive liability provision; and
(b)the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.

Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.

(2)In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to—
(a)whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and
(b)whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and
(c)any other relevant matter.
(3)The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.
(4)This section does not affect—
(a)the liability of the corporation for the offence against the executive liability provision; or
(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.
(5)In this section—
executive liability provision means any of the following provisions—
section 92
section 190
section 196(2)
section 196(3)
section 343(1)
section 343(2)
section 343(3)
section 343(4)
section 344(1)
section 344(2)
section 345(2)
section 351(4)
section 352(4).

s 487 sub 2013 No. 51 s 226

amd 2014 No. 16 s 101 sch 1

487AExecutive officer may be taken to have committed offence

(1)If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—
(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or
(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
(2)The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.
(3)This section does not affect either of the following—
(a)the liability of the corporation for the offence against the deemed executive liability provision;
(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.
(4)In this section—
deemed executive liability provision means any of the following provisions—
section 93
section 102(2)
section 102(3)
section 197(2)
section 197(3)
section 270(2)
section 270(4)
section 271(2)
section 271(4).

s 487A ins 2013 No. 51 s 226

amd 2014 No. 16 s 101 sch 1; 2014 No. 31 s 39

Part 2 Evidentiary matters

488Application of pt 2

This part applies to a proceeding under this Act.

489Appearance

A party to a proceeding may appear personally or by lawyer or agent.

490Appointments and authority

It is not necessary to prove—
(a)the chief executive’s appointment; or
(b)the regulator’s appointment; or
(c)an authorised officer’s appointment; or
(d)the authority of the chief executive, regulator or an authorised officer to do anything under this Act.

491Evidentiary aids

(1)A certificate purporting to be signed by or for the chief executive or regulator stating any of the following matters is evidence of the matter—
(a)a stated decision, direction, notice or requirement is a decision, direction, notice or requirement under this Act;
(b)a stated thing is a thing that must or may be included in a register;
(c)that a stated document is a document kept under this Act;
(d)that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b);
(e)that on a stated day—
(i)a stated person was given a stated decision, direction or notice under this Act; or
(ii)a stated direction or requirement under this Act was given to or made of a stated person;
(f)that on a stated day, or during a stated period, a person’s appointment as an authorised officer was, or was not, in force.
(2)A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the day it came to the complainant’s knowledge.

Part 3 Proceedings for offences

492Indictable and summary offences

(1)An offence against this Act for which the maximum penalty of imprisonment is 2 or more years is an indictable offence.
(2)An indictable offence against this Act is—
(a)for an offence for which the maximum penalty of imprisonment is 5 or more years—a crime; or
(b)otherwise—a misdemeanour.
(3)Any other offence against this Act is a summary offence.

493Proceedings for indictable offences

(1)A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken—
(a)by way of summary proceedings under the Justices Act 1886; or
(b)on indictment.
(2)Subsection (3) applies if—
(a)a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or
(b)the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment.
(3)The magistrate—
(a)must not decide the charge as a summary offence; and
(b)must proceed by way of an examination of witnesses in relation to an indictable offence.
(4)If a magistrate acts under subsection (3)—
(a)any plea of the person charged, made at the start of the proceeding, must be disregarded; and
(b)any evidence brought in the proceeding before the magistrate decided to act under subsection (3) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and
(c)before committing the person for trial or sentence the magistrate must make a statement to the person under the Justices Act 1886, section 104(2)(b).

494Limitation on who may summarily hear indictable offence proceedings

(1)A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding—
(a)for the summary conviction of a person; or
(b)for an examination of witnesses in relation to the charge.
(2)However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.
(3)The maximum penalty that may be imposed on a summary conviction of an indictable offence is as follows—
(a)to the extent the penalty imposed is a number of penalty units—500 penalty units;
(b)to the extent the penalty imposed is imprisonment—1 year’s imprisonment.

495Limitation on time for starting proceeding for summary offence

A proceeding for a summary offence against this Act must start—
(a)within 1 year after the offence is committed; or
(b)within 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

496Notice of proceedings for offences

If a person other than the chief executive or the regulator brings a proceeding under this part, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding.

497Limitation on who may bring particular proceedings

(1)A proceeding for an offence against this Act may be started only by—
(a)for an offence against a provision of chapter 2, part 4, division 1 or chapter 3 or section 26, 106 to 108A, 110, 112, 142 to 142B, 190, 447, 449, 531, 575A, 576A or 630—the Attorney-General or regulator; or
(b)for an offence against section 43, 47, 144, 145, 193, 194 or 195—the Attorney-General or service provider; or
(c)for an offence against section 168, 191 or 192—the Attorney-General, regulator or service provider; or
(d)for an offence against a provision of chapter 4—the Attorney-General or chief executive.
(2)Subsection (1) applies for an offence against section 531 only if the appointment of the administrator was made for section 530(1)(a).

s 497 amd 2012 No. 39 s 99; 2014 No. 16 s 101 sch 1

498Proceeding brought in a representative capacity

(1)A proceeding mentioned in section 497(1) may be started by a person on behalf of an entity with the entity’s consent.
(2)If the entity on whose behalf the proceeding is started is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.
(3)The entity on whose behalf the proceeding is started may contribute to, or pay, the legal costs incurred by the person starting the proceeding.

499Orders Magistrates Court may make in offence proceeding

(1)After hearing a complaint for an offence against this Act, the Magistrates Court may make an order against the defendant the court considers appropriate.
(2)The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose.
(3)The order may require the defendant—
(a)to do or not to do another act in relation to failure impact assessment; or
(b)to pay an amount by way of damages to the complainant for injuries suffered by the complainant as the result of the defendant committing an offence against this Act.
(4)The order must state the time by which, or period within which, the order must be complied with.
(5)The order may state that contravention of the order is a public nuisance.

500Offence to contravene Magistrates Court order

A person against whom an order under section 499 has been made must comply with the order.

Maximum penalty—1,000 penalty units.

Part 4 Miscellaneous provisions

501Chief executive’s and regulator’s power to remedy stated public nuisance

(1)This section applies if an order under section 499 states that contravention of the order is a public nuisance.
(2)If the order is not complied with, the chief executive or the regulator may undertake any work necessary to remove the nuisance.
(3)If the chief executive or the regulator carries out works under subsection (2), the chief executive or the regulator may recover as a debt from the person against whom the order was made the reasonable cost of the works.

502Responsibility for acts or omissions of representatives

(1)This section applies in a proceeding for an offence against this Act.
(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—
(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b)the representative had the state of mind.
(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.
(4)In this section—
representative means—
(a)for a corporation—an executive officer, employee or agent of the corporation; or
(b)for an individual—an employee or agent of the individual.
state of mind of a person includes—
(a)the person’s knowledge, intention, opinion, belief or purpose; and
(b)the person’s reasons for the intention, opinion, belief or purpose.

503Sections 503–509 not used

See editor’s note for section 1.

Chapter 7 Reviews, appeals and arbitration

Part 1 Preliminary

510Who is an interested person

(1)An interested person for this chapter is—
(a)a person who has been given an information notice or a compliance notice by the chief executive, or an authorised officer appointed by the chief executive; or
(b)a person who has been given an information notice or a compliance notice by the regulator, or an authorised officer appointed by the regulator; or
(c)a person who has been given an information notice by a service provider.
(2)The decision or action for which a notice was given under subsection (1) is an original decision.

s 510 amd 2010 No. 20 s 167

Part 2 Review of decisions

511Appeal, arbitration or external review process starts with internal review

Every appeal, application for external review of an original decision, or application for arbitration on a review decision, must be, in the first instance, by way of an application for internal review.

s 511 sub 2009 No. 24 s 970

amd 2014 No. 16 s 87

512Who may apply for review

(1)An interested person for an original decision may apply for an internal review of the decision (an internal review application).
(2)An internal review application may be made only to the following person (the reviewer)—
(a)for a decision mentioned in section 510(1)(a)—the chief executive;
(b)for a decision mentioned in section 510(1)(b)—the regulator;
(c)for a decision mentioned in section 510(1)(c)—the chief executive officer of the service provider.

s 512 amd 2009 No. 24 s 971; 2010 No. 20 s 168

513Requirements for making internal review application

(1)An internal review application must be—
(a)in the approved form; and
(b)accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and
(c)supported by enough information to enable the reviewer to decide the application; and
(d)made within 30 business days after the day the applicant is given an information notice about the decision to which the application relates or a compliance notice.
(2)However, the reviewer may, at any time, extend the time for making an internal review application.
(3)On or before making the internal review application, the applicant must send the following documents to any other person who was given an information notice about the original decision—
(a)notice of the application (the submitter notice);
(b)a copy of the application and supporting documents.
(4)The submitter notice must inform the recipient of the notice that written submissions on the internal review application may be made to the reviewer within 5 business days after the application is made to the reviewer.

s 513 amd 2009 No. 24 s 972

514Review decision

(1)The reviewer must, within 20 business days after receiving an internal review application—
(a)review the original decision the subject of the application; and
(b)consider any properly made submissions by a recipient of the submitter notice; and
(c)make a decision (the review decision) to—
(i)confirm the original decision; or
(ii)amend the original decision; or
(iii)substitute another decision for the original decision.
(2)The reviewer may, by notice to the applicant and before the period mentioned in subsection (1) has expired, extend the period by not more than 30 business days.
(3)Only 1 notice may be given under subsection (2) for each internal review.
(3A)For an application about a safety condition or a development condition applying to a referable dam and for which a notice has been given under subsection (2), the reviewer may, before the extended period under that subsection expires and with the agreement of the applicant, further extend the period for deciding the application.
(4)The application must not be dealt with by—
(a)the person who made the original decision; or
(b)a person in a less senior office than the person who made the original decision.
(5)Subsection (4)—
(a)applies despite the Acts Interpretation Act 1954, section 27A; and
(b)does not apply to an original decision made by the chief executive.
(6)If the review decision confirms the original decision, for the purpose of arbitration, external review or an appeal, the original decision is taken to be the review decision.
(7)If the review decision amends the original decision, for the purpose of arbitration, external review or an appeal, the original decision as amended is taken to be the review decision.

s 514 amd 2009 No. 24 s 973; 2010 No. 20 s 169

515Notice of review decision

(1)The reviewer must, within 10 business days after making a review decision, give each of the following notice of the review decision (a review notice)—
(a)the applicant;
(b)any person who was given notice of the original decision.
(2)The review notice must state—
(a)the reasons for the review decision; and
(b)if the applicant may appeal against the review decision to the Planning and Environment Court under part 3
(i)that the applicant may apply to the Planning and Environment Court for a stay of the decision; and
(ii)how, and by when, the person may appeal; and
(c)if the applicant may apply to QCAT for an external review of the review decision under part 3—the matters stated in the QCAT Act, section 157(2); and
(d)if the applicant may apply for arbitration on the review decision under part 4
(i)how the applicant applies for arbitration on the decision under part 4; and
(ii)that the applicant may apply to a court with jurisdiction to hear the proceeding for a stay of the decision.
(3)A copy of the relevant appeal or arbitration provisions of this Act, or the provisions of the QCAT Act about external review, must also be given with each review notice or copy of a review notice.
(4)If the reviewer does not give the review notice within the 10 days, the reviewer is taken to have made a decision confirming the original decision.

s 515 amd 2009 No. 24 s 974; 2014 No. 16 s 88

516Stay of operation of original decision

(1)An internal review application does not stay the original decision the subject of the application.
(2)However, the applicant may immediately apply for a stay of the original decision to—
(a)if, under part 3, the applicant would be able to appeal to the Planning and Environment Court—the Planning and Environment Court; or
(b)if, under part 3, the applicant would be able to apply to QCAT for an external review—QCAT; or
(c)if, under part 4, the applicant would be able to apply for arbitration—a court with jurisdiction to hear the proceeding.
(2A)An application to QCAT under subsection (2)(b) must be made as provided under the QCAT Act.
(3)The court or QCAT may stay the original decision to secure the effectiveness of the internal review and a later arbitration, appeal to the court or external review by QCAT.
(4)The stay—
(a)may be given on conditions the court or QCAT considers appropriate; and
(b)operates for the period fixed by the court or QCAT; and
(c)may be revoked or amended by the court or QCAT.
(5)The period of the stay must not extend past the day when the reviewer makes a review decision about the original decision and any later period the court or QCAT allows the applicant to enable the applicant to—
(a)seek arbitration on the review decision; or
(b)appeal against or apply for external review of the review decision.
(6)An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.

s 516 amd 2009 No. 24 s 975; 2014 No. 16 s 89

Part 3 Appeals and external reviews

ch 7 pt 3 hdg sub 2009 No. 24 s 976

517Who may appeal or apply for an external review

(1)If an interested person has applied for an internal review of an original decision, any interested person for the original decision may appeal against or apply for an external review of the review decision under this section.
(2)For the following decisions, the appeal must be made to the Planning and Environment Court—
(a)a decision by the chief executive to give an information notice under chapter 4;
(b)a decision by the chief executive to give a compliance notice under section 359(1);
(c)a decision by the chief executive, or an authorised officer appointed by the chief executive, to give a compliance notice relating to a dam safety and flood mitigation contravention;
(d)a decision by the regulator, or an authorised officer appointed by the regulator, to give an information notice or compliance notice relating to a matter involving drinking water or recycled water.
(3)The appeal must be started within 30 business days after the review notice is given for the review decision under section 515.
(4)For the following decisions, the external review must be to QCAT as provided under the QCAT Act
(a)a decision by the chief executive, or an authorised officer appointed by the chief executive, to give a compliance notice relating to a contravention, other than a dam safety and flood mitigation contravention;
(b)a decision by a service provider to give an information notice.
(5)In this section—
dam safety and flood mitigation contravention means a contravention of a provision of chapter 4 or section 645.

s 517 amd 2009 No. 24 s 977

sub 2014 No. 16 s 90

518Starting an appeal to Planning and Environment Court

(1)An appeal is started by—
(a)filing a notice of appeal with the court; and
(b)if the review decision being appealed against was about an original decision of the chief executive—serving a copy of the notice on the chief executive; and
(c)if the review decision being appealed against was about an original decision of the regulator—serving a copy of the notice on the regulator; and
(d)complying with the rules of court applicable to the appeal.
(2)The notice of appeal must be filed within 30 business days after the appellant receives notice of the review decision appealed against.
(3)However, the court may, at any time, extend the period for filing the notice of appeal.
(4)The notice of appeal must state fully the grounds of the appeal and the facts relied on.

s 518 amd 2009 No. 24 s 978

519Stay of operation of review decision

(1)The court may grant a stay of the operation of a review decision appealed against to secure the effectiveness of the appeal.
(2)A stay—
(a)may be given on conditions the court considers appropriate; and
(b)operates for the period fixed by the court; and
(c)may be revoked or amended by the court.
(3)The period of the stay stated by the court must not extend past the time when the court decides the appeal.
(4)An appeal against a review decision affects the decision, or the carrying out of the decision, only if the decision is stayed.

s 519 amd 2009 No. 24 s 979

520Hearing procedures

(1)The procedure for an appeal must be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge or magistrate.
(2)An appeal is by way of rehearing, unaffected by the review decision.

521Assessors

If the judge or magistrate hearing an appeal is satisfied the appeal involves a question of special knowledge and skill, the judge or magistrate may appoint 1 or more assessors to help in deciding the appeal.

522Powers of court on appeal

(1)In deciding an appeal, the court may—
(a)confirm the review decision appealed against; or
(b)set aside the review decision and substitute another decision; or
(c)send the matter back to the reviewer and give the directions the court considers appropriate.
(2)If the court substitutes another decision, the substituted decision is, for the purposes of this Act, other than this part, taken to be the review decision.

523Appeal costs

(1)Each party to an appeal must bear the party’s own costs for the appeal.
(2)However, the court may order a party to an appeal to pay costs to another party if the court considers—
(a)the appeal was frivolous or vexatious; or
(b)the party has incurred costs because the other party defaulted in the procedural requirements.

Part 4 Arbitration

524Who may apply for arbitration

(1)This section applies to a review decision about an original decision the subject of an information notice or a compliance notice mentioned in section 510(1)(b), other than an original decision that is a decision relating to a matter involving drinking water or recycled water.
(2)An interested person who applied for an internal review of the original decision and is dissatisfied with the review decision may give the authority under the Queensland Competition Authority Act 1997 a notice (a dispute notice) applying for arbitration on the decision.
(3)The dispute notice must—
(a)be given within 30 business days after the interested person receives notice of the decision; and
(b)state—
(i)the name and address of the interested person; and
(ii)details of the review decision and the grounds on which arbitration is sought.
(4)The interested person must, at the same time, give a copy of the dispute notice to the regulator.

s 524 amd 2009 No. 24 s 980; 2014 No. 16 s 91

524AStay of operation of review decision

(1)An application for arbitration does not stay the review decision.
(2)However, an applicant may immediately apply for a stay of the review decision to a court with jurisdiction to hear the proceeding.
(3)The court may stay the review decision to secure the effectiveness of the arbitration.
(4)A stay—
(a)may be given on conditions the court considers appropriate; and
(b)operates for the period fixed by the court; and
(c)may be revoked or amended by the court.
(5)The period of the stay stated by the court must not extend past the time when the arbitration is decided.

s 524A ins 2009 No. 24 s 981

525Acknowledging dispute notice

On receiving the dispute notice, the authority must give the interested person and the regulator a notice acknowledging receipt of the dispute notice.

526Withdrawing dispute notice

The interested person may withdraw the dispute notice at any time before the authority makes its decision on the dispute.

527Parties to arbitration

The parties to the arbitration are the interested person and the regulator.

528Decision by authority

(1)The authority must give a written decision in an arbitration on the dispute.
(2)When making the decision, the authority must give the parties its reasons for making the decision.
(3)However, the authority is not required to make a decision if it ends the arbitration and the authority is satisfied—
(a)the giving of the dispute notice was vexatious; or
(b)the subject matter of the dispute is trivial, misconceived or lacking in substance.

529Conduct of arbitration

The Queensland Competition Authority Act 1997, part 7, applies to the arbitration.

Chapter 8 Miscellaneous

Part 1 Appointment of administrator and emergency powers for particular infrastructure

Division 1 Appointment of administrator

530Governor in Council may appoint administrator to operate infrastructure

(1)Subsection (2) applies if the Minister is satisfied, or reasonably believes—
(a)a service provider has not complied with a compliance notice given by the regulator under section 465; or
(b)a service provider has stopped, or is likely to stop, supplying a registered service and there is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.
(2)The Governor in Council may, by gazette notice, authorise any of the following persons (an administrator) to operate the infrastructure and use the service provider’s water entitlement to supply the registered service—
(a)the regulator;
(b)any other person who has the necessary experience or qualifications to operate the infrastructure.
(3)Subsection (4) applies if the Minister is satisfied, or reasonably believes, a scheme manager, or recycled water provider or other declared entity, (the responsible entity) for a critical recycled water scheme—
(a)has not complied with a compliance notice; or
(b)has stopped, or is likely to stop, supplying recycled water under the scheme.
(4)The Governor in Council may, by gazette notice, authorise any of the following persons (also an administrator) to operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme—
(a)the regulator;
(b)any other person who has the necessary experience or qualifications to operate the infrastructure.
(5)An authorisation under subsection (2) or (4) has effect from the day the notice is published until—
(a)the day stated in the notice; or
(b)if no day is stated in the notice—the day a further notice withdrawing the authorisation is published in the gazette.
(6)The authorisation may deal with any matter necessary or convenient to help the administrator operate the infrastructure and supply the registered service or recycled water.

s 530 amd 2013 No. 23 s 348

531Effect of administrator operating infrastructure

(1)If an administrator is authorised under section 530 to operate infrastructure, the infrastructure may be operated by—
(a)the administrator; or
(b)another person (the operator) appointed by the administrator.
(2)The administrator and operator may do all things necessary or convenient to ensure the effective operation of the infrastructure.
(3)A person in possession of premises on which the infrastructure operates must give the administrator and operator access to the premises to enable operation of the infrastructure.

Maximum penalty—500 penalty units.

(4)A person in possession of premises must not act, or refuse to act, if the acting or refusal has the effect of preventing or hindering the administrator or operator from operating the infrastructure.

Maximum penalty—1,665 penalty units.

(5)Subsections (3) and (4) do not apply to an act done, or omission made, during or relating to industrial action as defined under the Industrial Relations Act 2016.
(6)The service provider or responsible entity is liable for the administrator’s reasonable costs of—
(a)operating the infrastructure; and
(b)repairing, replacing or improving the infrastructure.
(7)The administrator must pay the service provider or responsible entity any income received by the administrator from operating the infrastructure less all costs mentioned in subsection (6).

s 531 amd 2016 No. 63 s 1157 sch 6

532Effect of appointment of administrator

(1)Subsections (2) and (3) apply if an administrator is authorised under section 530(2) to operate a service provider’s infrastructure.
(2)The registration of the service provider as a service provider is suspended from the day the notice is published in the gazette under section 530(2) until the day stated in the notice or a further notice under section 530(5)(b) is published.
(3)The administrator is taken to be the service provider for the period the administrator’s authorisation under section 530(2) is effective.
(4)Subsection (5) applies if an administrator is authorised under section 530(4) to operate a responsible entity’s infrastructure.
(5)The administrator is taken to be the responsible entity for the period the administrator’s authorisation under section 530(4) is effective.

533Withdrawing appointment of administrator

(1)The Governor in Council may, by gazette notice, withdraw an authorisation given under section 530(2) or (4).
(2)If the authorisation is about the operation of a service provider’s infrastructure, the suspension of the service provider’s registration is removed from the day the notice is published.

Division 2 Emergency powers for operating particular infrastructure

534Regulator or other person may operate infrastructure for drinking water—regulator’s notice

(1)This section applies if the regulator is satisfied, or reasonably believes—
(a)a drinking water service provider for a drinking water service—
(i)has not complied with a compliance notice; or
(ii)has stopped, or is likely to stop, the drinking water service; and
(b)that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the provider’s infrastructure for the service to protect public health.
(2)The regulator may, on giving notice under this section to the drinking water service provider—
(a)operate the provider’s infrastructure for the drinking water service; or
(b)appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.
(3)The notice must—
(a)describe the infrastructure; and
(b)state the reasons that the regulator has given the notice; and
(c)state the period for which the regulator or other person may operate the infrastructure.
(4)If the regulator operates the infrastructure under subsection (2)(a), the regulator may operate the infrastructure for the period—
(a)starting on the day the notice is given to the drinking water service provider; and
(b)ending on the first of the following days to happen—
(i)the day that is 30 business days after the day the notice is given;
(ii)the day an administrator is authorised under section 530 to operate the infrastructure for the drinking water service provider’s drinking water service.
(5)If, under subsection (2)(b), the regulator appoints another person to operate the infrastructure—
(a)the regulator must give the drinking water service provider notice of the appointment; and
(b)the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen—
(i)the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the drinking water service provider;
(ii)the day an administrator is authorised under section 530 to operate the infrastructure for the provider’s drinking water service.

535Regulator or other person may operate infrastructure for recycled water—regulator’s notice

(1)This section applies if the regulator is satisfied, or reasonably believes—
(a)a scheme manager, or recycled water provider or other declared entity, (the responsible entity) for a critical recycled water scheme—
(i)has not complied with a compliance notice; or
(ii)has stopped, or is likely to stop, supplying recycled water under the scheme; and
(b)that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the responsible entity’s infrastructure for supplying recycled water under the scheme—
(i)to protect public health; or
(ii)to ensure the continuity of operation of the recycled water scheme.
(2)The regulator may, on giving notice under this section to the responsible entity—
(a)operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme; or
(b)appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.
(3)The notice must—
(a)describe the infrastructure; and
(b)state the reasons that the regulator has given the notice; and
(c)state the period for which the regulator or other person may operate the infrastructure.
(4)If the regulator operates the infrastructure under subsection (2)(a), the regulator may operate the infrastructure for the period—
(a)starting on the day the notice is given to the responsible entity; and
(b)ending on the first of the following days to happen—
(i)the day that is 30 business days after the day the notice is given;
(ii)the day an administrator is authorised under section 530(4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.
(5)If, under subsection (2)(b), the regulator appoints another person to operate the infrastructure—
(a)the regulator must give the responsible entity notice of the appointment; and
(b)the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen—
(i)the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity;
(ii)the day an administrator is authorised under section 530(4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.

536Effect of operating infrastructure

(1)This section applies if, under section 534 or 535, the regulator or another person operates an entity’s infrastructure.
(2)Section 531(2) to (7) applies in relation to the operation of the infrastructure—
(a)as if a reference in the section to the administrator or operator were a reference to the regulator or other person; and
(b)as if the reference in section 531(6) to the administrator’s reasonable costs were a reference to the regulator’s or other person’s reasonable costs; and
(c)as if the reference in section 531(7) to the administrator were a reference to the regulator or other person.
(3)The regulator or other person is taken to be the drinking water service provider or responsible entity for the period for which the regulator or person may operate the infrastructure.

Division 3 Other matter

537Corporations legislation displacement provision

This part is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act, section 5G, in relation to the provisions of chapter 5 of that Act.

Notes—

1Chapter 5 of the Corporations Act provides for the external administration of corporations.
2Section 5G of that Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

538Sections 538–558 not used

See editor’s note for section 1.

s 538 amd 2012 No. 29 s 33

Part 2 Relationship with Planning Act

559Definition for pt 2

In this part—
relevant operational work means operational work under the Planning Act that is the construction of a dam or that is carried out in relation to a dam if, because of the work, the dam must be failure impact assessed.

s 559 def relevant operational work amd 2016 No. 27 s 690

s 559 ins 2012 No. 29 s 34

560[Repealed]

s 560 om 2016 No. 27 s 691

561Particular applications for relevant operational work

(1)This section applies to—
(a)an application for a development approval for relevant operational work; or
(b)a change application, other than a minor change application, to change a development approval that already approves relevant operational work; or
(c)a change application, other than a minor change application, to change a development approval—
(i)to approve relevant operational work; and
(ii)that does not already approve relevant operational work.
(2)The application must be supported by evidence that the chief executive has accepted a failure impact assessment of the dam or proposed dam to which the relevant operational work relates.
(3)In this section—
change application means a change application under the Planning Act.
minor change application means a change application for a minor change to a development approval, as defined in the Planning Act.

s 561 amd 2009 No. 36 s 872 sch 2; 2010 No. 20 s 170; 2012 No. 29 s 35; 2012 No. 34 s 131

sub 2016 No. 27 s 692

562When appeal may be made to Land Court

(1)This section applies if—
(a)a person makes an application to which section 561 applies; and
(b)the assessable development to which the application relates is for, or relates to, an activity authorised under the Mineral Resources Act 1989; and
(c)the person has applied under the Mineral Resources Act 1989 for authorisation to carry out the activity.
(2)Despite the Planning Act, chapter 6, the person may appeal against a decision about the application to the Land Court.
(3)In this section—
assessable development means development that is assessable development under the Planning Act.

s 562 amd 2009 No. 36 s 872 sch 2; 2012 No. 29 s 36

sub 2016 No. 27 s 692

563Sections 563–569 not used

See editor’s note for section 1.

Part 3 Other miscellaneous provisions

570Advisory councils

(1)The Minister may establish as many advisory councils as the Minister considers appropriate for the administration of this Act, including, for example, for any of the following—
(a)flood mitigation;
(b)referable dams;
(c)guidelines;
(d)policy recommendations.
(2)An advisory council has the functions the Minister decides.
(3)A member of an advisory council may be paid the fees and allowances decided by the Governor in Council.
(4)The chief executive may make available to an advisory council the technical, clerical, secretarial or other help the chief executive considers necessary for the performance of its functions and the conduct generally of its affairs.

571Regulator may make guidelines

(1)The regulator may make guidelines to provide guidance to persons about any of the following—
(a)the quality of drinking water or recycled water;
(b)preparing a drinking water quality management plan or recycled water management plan;
(c)validating recycled water schemes;
(e)preparing audit reports under chapter 2 or 3;
(f)preparing annual reports under section 273;
(g)preparing, and making publicly available, reports under section 274;
(h)issuing a rate notice or account for the supply of water to residential premises;
(i)granting exemptions for small service providers under section 147;
(j)conducting a review of a recycled water management plan or drinking water quality management plan;
(k)for schedule 3, definition supply, paragraph (b)—who is a related entity of a person who produces recycled water;
(l)another matter relating to the administration of this Act.
(2)A guideline about the quality of drinking water or recycled water must not be inconsistent with any standard about the quality of drinking water or recycled water prescribed in a regulation under the Public Health Act.

s 571 amd 2009 No. 46 s 146; 2010 No. 20 s 171; 2010 No. 53 s 232; 2014 No. 16 s 92; 2014 No. 31 s 40

572Chief executive may make guidelines

The chief executive may make guidelines to provide guidance to persons about any of the following—
(a)preparing a water efficiency management plan;
(b)failure impact assessment of water dams;
(c)applying safety conditions to a referable dam;
(d)managing a referable dam;
(e)flood capacity of dams;
(f)another matter relating to the administration of this Act.

s 572 amd 2009 No. 46 s 147; 2010 No. 20 s 172

573Water service provider may make guidelines

A water service provider may make guidelines to provide guidance to persons about preparing a water efficiency management plan.

574Documents regulator and chief executive must keep available for inspection and purchase

(1)The regulator and the chief executive must keep a copy of the following documents available for inspection by the public during office hours on business days at the head office, or at the appropriate regional office, of the department—
(a)each guideline made under section 571 or 572;
(b)each annual report prepared by the regulator under section 14.
(2)The chief executive may also keep a copy of a document mentioned in subsection (1) available for inspection by the public at other places the chief executive considers appropriate.
(3)A person may, on payment of a fee decided by the chief executive or regulator, obtain a copy of a document available for inspection under this section.
(4)The fee decided by the chief executive or regulator must not be more than the reasonable cost of providing the copy.

s 574 amd 2009 No. 46 s 148

575Documents service provider must keep available for inspection and purchase

(1)A service provider must keep a copy of the following documents, for the provider, available for inspection by the public during office hours on business days at the office of the provider—
(a)guidelines made for preparing a water efficiency management plan;
(b)the approved drinking water quality management plan;
(c)drinking water quality management plan audit reports;
(d)performance audit reports;
(e)customer service standards;
(f)drinking water quality management plan reports;
(g)performance reports;
(h)service area maps prepared under section 163.
(2)The service provider may also keep a copy of a document mentioned in subsection (1) available for inspection by the public at other places the service provider considers appropriate.
(3)A person may, on payment of a fee decided by the service provider, obtain a copy of a document available for inspection under this section.
(4)The fee decided by the service provider must not be more than the reasonable cost of providing the copy.

s 575 amd 2014 No. 16 s 93

575ADocuments service providers must publish

A service provider must publish each of its documents mentioned in section 575(1), other than the following, unless the provider has a reasonable excuse—
(a)drinking water quality management plans;
(b)drinking water quality management plan audit reports;
(c)performance audit reports.

Maximum penalty—50 penalty units.

s 575A ins 2014 No. 16 s 94

576Documents recycled water provider and scheme managers must keep available for inspection and purchase

(1)The relevant entity for a recycled water scheme must keep a copy of the following documents available for inspection by the public during office hours on business days at th