Water Supply (Safety and Reliability) Act 2008

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

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.

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.

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. 23s 308; 2014 No. 16s 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. 16s 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. 46s 134; 2012 No. 39s 88; 2013 No. 23s 309; 2014 No. 16s 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. 46s 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.

ch 2 pt 3 div 1 hdg ins 2013 No. 23s 352sch 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. 46s 136; 2010 No. 53s 208; 2013 No. 23s 310; 2014 No. 31s 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. 23s 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. 23s 311

ch 2 pt 3 div 1 hdg ins 2013 No. 23s 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. 23s 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. 23s 318(1)

renum and reloc 2013 No. 23s 318(2)

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

ch 2 pt 3 div 1 hdg ins 2013 No. 23s 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. 23s 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. 23s 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. 23s 316

ch 2 pt 3 div 1 hdg ins 2013 No. 23s 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. 23s 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. 23s 319

amd 2019 No. 17s 341

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. 23s 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. 16s 53; 2015 No. 4s 85; 2018 No. 17s 197sch 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. 16s 54; 2015 No. 4s 86; 2017 No. 11s 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. 23s 352sch 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.

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 25B, or a regulation has been made under the Water Act, section 25F, 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. 20s 120; 2012 No. 39s 89; 2014 No. 16s 101sch 1; 2020 No. 14s 215

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. 39s 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. 51s 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.

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. 16s 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.

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. 23s 321

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. 39s 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. 39s 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. 20s 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.

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.

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

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

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. 51s 229sch 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. 51s 229sch 1

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. 20s 122; 2013 No. 23s 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. 23s 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. 16s 101sch 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. 16s 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. 23s 333; 2014 No. 16s 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. 23s 334

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

amd 2013 No. 51s 229sch 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. 20s 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. 20s 124

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

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

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

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. 16s 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. 23s 335; 2014 No. 16s 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. 16s 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. 16s 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. 16s 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. 16s 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. 23s 336; 2014 No. 16s 101sch 1

ch 2 pt 4 div 3 hdg (prev div 5 hdg) renum 2014 No. 16s 101sch 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. 16s 101sch 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. 53s 209; 2012 No. 1s 101; 2014 No. 16s 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. 23s 337

sub 2014 No. 16s 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. 16s 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. 23s 338; 2014 No. 16s 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. 23s 339; 2014 No. 16s 68

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

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

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. 17s 197sch 2

ch 2 pt 4 div 5 hdg ins 2014 No. 16s 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. 9s 136sch 1; 2009 No. 17s 331sch 1; 2011 No. 8s 118

sub 2014 No. 16s 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. 20s 129; 2011 No. 8s 119; 2013 No. 23s 342

sub 2014 No. 16s 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. 16s 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. 16s 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. 16s 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. 16s 71

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

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

143Application of div 6

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

s 143 amd 2014 No. 16s 101sch 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. 17sch 1pt 4

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. 16s 37

sub 2019 No. 17s 342

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. 17s 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. 17s 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. 16s 101sch 1

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.

ch 2 pt 5 div 4 hdg amd 2014 No. 16s 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. 36s 872sch 2; 2010 No. 20s 130; 2014 No. 16s 39; 2019 No. 17s 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. 17s 346

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. 1s 103; 2012 No. 39s 96

ch 2 pt 5 div 6 hdg ins 2014 No. 16s 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. 16s 40

pres s 170 ins 2014 No. 16s 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. 16s 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. 16s 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. 16s 41

174Sections 174–179 not used

See editor’s note for section 1.

s 174 ins 2014 No. 16s 41

ch 2 pt 6 hdg amd 2011 No. 31s 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. 20s 131

sub 2011 No. 31s 398

amd 2014 No. 16s 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. 20s 132; 2011 No. 31s 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. 20s 133; 2011 No. 31s 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. 20s 134; 2011 No. 31s 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. 20s 135; 2011 No. 31s 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. 20s 136; 2011 No. 31s 403

186Sections 186–189 not used

See editor’s note for section 1.

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. 23s 343; 2013 No. 51s 229sch 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. 30s 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. 20s 137; 2011 No. 31s 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.

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

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

amd 2014 No. 31s 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. 16s 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. 16s 73

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.

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. 51s 229sch 1

sub 2014 No. 16s 74

amd 2014 No. 31s 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. 51s 229sch 1; 2014 No. 16s 75

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

sub 2014 No. 16s 76

amd 2014 No. 31s 25

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. 53s 214; 2014 No. 16s 77; 2014 No. 31s 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. 53s 215; 2014 No. 31s 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. 20s 139; 2010 No. 53s 216; 2014 No. 31s 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. 53s 217; 2014 No. 16s 101sch 1; 2014 No. 31s 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. 53s 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. 53s 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.

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.

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. 53s 220; 2014 No. 31s 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.

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. 46s 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.

ch 3 pt 7 hdg amd 2010 No. 53s 221

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

sub 2010 No. 53s 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. 20s 141

amd 2014 No. 16s 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. 20s 141

amd 2013 No. 51s 229sch 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. 20s 141

amd 2013 No. 51s 229sch 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. 20s 141

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

amd 2014 No. 16s 80

ch 3 pt 7 div 3 hdg ins 2010 No. 53s 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. 20s 141

om 2010 No. 53s 223

pres s 274 ins 2010 No. 53s 224

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

275Sections 275–299 not used

See editor’s note for section 1.

s 275 ins 2010 No. 53s 224

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. 20s 142; 2010 No. 53s 225; 2013 No. 23s 347; 2014 No. 31s 33; 2019 No. 17s 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. 46s 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. 20s 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.

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. 53s 226; 2014 No. 31s 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.

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. 20s 144; 2011 No. 31s 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. 20s 145; 2011 No. 31s 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. 20s 146

334Sections 334–339 not used

See editor’s note for section 1.

s 334 ins 2010 No. 20s 146

ch 4 hdg amd 2012 No. 29s 26

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. 20s 147

amd 2013 No. 23s 352sch 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. 20s 148; 2017 No. 11s 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.

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

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. 20s 149; 2012 No. 29s 27; 2013 No. 51s 229sch 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. 20s 150; 2013 No. 51s 229sch 1; 2017 No. 11s 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. 20s 151; 2013 No. 51s 229sch 1

sub 2017 No. 11s 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. 11s 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. 20s 152; 2017 No. 11s 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. 20s 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. 51s 229sch 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. 51s 229sch 1

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

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