Queensland: Water Supply (Safety and Reliability) Act 2008 (Qld)

Water Supply (Safety and Reliability) Act 2008 An Act to provide for the safety and reliability of water supply Chapter 1 Preliminary 1 Short 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. 2 Commencement (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. 3 Purpose 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. 4 Definitions The dictionary in schedule 3 defines particular words used in this Act. 5 Act binds all persons (1) This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States. (2) Subsection (1) does not apply to— (a) the operation of the State Development and Public Works Organisation Act 1971; or (b) the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971. Chapter 2 Infrastructure and service Part 1 Preliminary 6 Application of ch 2 to local governments Nothing in this chapter affects the powers of a local government or an authorised person under the Local Government Act. 7Sections 7 –9 not used See editor's note for section 1. Part 2 The regulator 10 Who is the regulator The regulator is the chief executive. 11 Regulator'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. 12 Register 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 a Queensland Government website a list of the entities registered as service providers. 12A Register 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 a Queensland Government 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. 13 Requirement 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. 14 Reports 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, 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. 15 Delegation by regulator (1) The regulator may delegate the regulator's functions under this Act to an appropriately qualified officer of the department. (2) A regulation may state a particular function of the regulator— (a) may not be delegated; or (b) may be delegated only to a particular person. (3) In this section— function includes power. 16Sections 16 –19 not used See editor's note for section 1. Part 3 Service providers Division 1 Registration of service providers Subdivision 1 Application for registration 20 Who 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. 21 Applying 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. 22 Registration 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). Subdivision 2 Changing registration details 23 Applying 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. 23A Reviewing 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) Within 10 business days after the review is completed, the service provider must give the regulator notice of the review that— (a) is in the approved form; and (b) states whether the service provider's registration details have changed; and (c) if the service provider's registration details have changed—includes particulars of the change. (3) If the service provider's registration details have changed, the regulator must, on receiving the notice— (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. Subdivision 3 Transferring registration 24 Definitions 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). 25 Application 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. 25A Notice 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. 25B Registering 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. 25C Compliance 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. Subdivision 4 Cancelling registration other than for transfer 26 Notice 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. 27 Cancellation 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. 28 Applying 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. Subdivision 5 Other matters 29 Registration 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. 30 Operation 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. 30A Ownership 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. Division 2 General powers of service providers and authorised persons 31 Definition for div 2 In this division— place does not include a building or structure used for residential purposes. 32 Application of div 2 This division applies only to the services for which a service provider is registered. 33 Power 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. 34 Power 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. 35 Power 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. 36 Power 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. 37 Power 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. 38 Notice 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. 39 Compensation (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. 40 Recovery of costs (1) This section applies if— (a) a person damages a service provider's infrastructure; or (b) a service provider suffers loss because a person— (i) makes an unauthorised connection to the service provider's infrastructure; or (ii) discharges material, if it is not material the service provider has authorised to be discharged, into the service provider's infrastructure; or (iii) interferes with the service provider's infrastructure; or (iv) pollutes the water in the service provider's infrastructure. (2) The service provider may recover from the person as a debt the amount of the loss or the reasonable cost of repairing the damage. Division 3 Power to restrict water supply 41 Restricting 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. 42 Regulator 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. 43 Notice 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. 44 Temporary interruptions to water supply (1) A water service provider may shut off the water supply to premises for the time reasonably necessary for the service provider to perform work on the service provider's infrastructure, including a property service. (2) However, the service provider must give anyone likely to be affected by the shutting off of the water supply at least 48 hours notice of its intention to shut off the water supply, advising the reasons for shutting it off, and for how long it will be shut off. (3) Subsection (2) does not stop the service provider shutting off its water supply, without notice, if there is— (a) a serious risk to public health; or (b) a likelihood of serious injury to persons or damage to property; or (c) another emergency. (4) If the service provider acts under subsection (3), the service provider must give anyone likely to be affected by the action— (a) notice of the action; and (b) the reasons for the action; and (c) if the action is continuing when the notice is given—notice about how long the action will continue. Division 4 Authorised persons 45 Appointing 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. 46 Authorised 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. 47 Failure 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. 48 Producing and displaying identity card (1) An authorised person may exercise a power under division 2 in relation to someone else (the other person) only if the authorised person— (a) first produces the authorised person's identity card for the other person's inspection; or (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised person must produce the identity card for the other person's inspection at the first reasonable opportunity. Division 5 Liability of service providers 49 Liability 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. Division 6 Water efficiency management plans 50 Purpose of div 6 The purpose of this division is to promote water savings by non-residential customers. 51 Application 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. 52 When 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). 53 Content 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. 54 Approving 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. 55 Complying with water efficiency management plan A customer must comply with the customer's approved water efficiency management plan. Maximum penalty—1,665 penalty units. 56 Reporting 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. 57 Amending 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. 58 Amending 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. 59 Amending 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. 60 Notice 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. 61 Reviewing water efficiency management plans (1) A water service provider must ensure a customer to whom an approved water efficiency management plan applies reviews the plan when the water service provider considers it appropriate. (2) The customer must give the water service provider a copy of the review report within the reasonable period stated by the water service provider. (3) A review must occur at least every 5 years. Division 7 Miscellaneous 62 No charge for water in rainwater tank A service provider must not make a charge for water that— (a) has been collected from a roof; and (b) is in, or taken from, a rainwater tank. 63Sections 63 –69 not used See editor's note for section 1. Part 4 Service provider obligations Division 1 Drinking water quality management Subdivision 1 Offences 70 [Repealed] 71 [Repealed] 72 [Repealed] 73 [Repealed] 74 [Repealed] 75 [Repealed] 76 [Repealed] 77 [Repealed] 78 [Repealed] 79 [Repealed] 80 [Repealed] 81 [Repealed] 82 [Repealed] 83 [Repealed] 84 [Repealed] 85 [Repealed] 86 [Repealed] 87 [Repealed] 88 [Repealed] 89 [Repealed] 90 [Repealed] 91 [Repealed] 92 Offence 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. 93 Offence 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. Subdivision 2 Drinking water quality management plans 94 Purpose of drinking water quality management plan The purpose of a drinking water quality management plan is to protect public health. 95 Preparing 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. 96 Additional 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 t