WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008

Queensland Consolidated Acts

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WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Purpose of Act and its achievement
4. Definitions
5. Act binds all persons

CHAPTER 2--INFRASTRUCTURE AND SERVICE

Part 1--Preliminary

6. Application of ch 2 to local governments
7. Sections 7–9 not used

Part 2--The regulator

10. Who is the regulator
11. Regulator's general functions
12. Register of service providers
13. Requirement for responsible entity to give information
14. Reports and other publications by regulator
15. Delegation by regulator
16. Sections 16–19 not used

Part 3--Service providers

Division 1--Registration of service providers

20. Who must apply for registration as a service provider
21. Applying for registration as a service provider
22. Registration as a service provider
23. Applying to amend service provider's details of registration
24. Notice of transfer of infrastructure
25. Registering transferee as a service provider
26. Notice of intention to stop operating as a service provider
27. Cancellation of registration
28. Applying for cancellation of registration as service provider
29. Registration as a service provider is not a right to water entitlement or resource operations licence
30. Reviewing and changing service provider registration details

Division 2--General powers of service providers and authorised persons

31. Definition for div 2
32. Application of div 2
33. Power to disconnect unauthorised connections
34. Power to direct remedial work
35. Power to install meters
36. Power to enter places for restricted purposes
37. Power to enter place to read, check, maintain or replace meter
38. Notice of damage
39. Compensation
40. Recovery of costs

Division 3--Power to restrict water supply

41. Restricting water supply outside the SEQ region
42. Regulator may direct restriction
43. Notice of service provider water restriction must be given
44. Temporary interruptions to water supply

Division 4--Authorised persons

45. Appointing authorised persons
46. Authorised person's identity cards
47. Failure to return identity card
48. Producing and displaying identity card

Division 5--Liability of service providers

49. Liability of service providers for negligence

Division 6--Water efficiency management plans

50. Purpose of div 6
51. Application of div 6
52. When water efficiency management plan may be required
53. Content of water efficiency management plan
54. Approving water efficiency management plan
55. Complying with water efficiency management plan
56. Reporting under water efficiency management plan
57. Amending or replacing water efficiency management plan by chief executive direction
58. Amending or replacing water efficiency management plan by water service provider direction
59. Amending or replacing water efficiency management plan by request
60. Notice to comply with water efficiency management plan
61. Reviewing water efficiency management plans

Division 7--Miscellaneous

62. No charge for water in rainwater tank
63. Sections 63–69 not used

Part 4--Service provider obligations

Division 1--Strategic asset management plans

70. Requirement for strategic asset management plan
71. Preparing strategic asset management plan
72. Certifying strategic asset management plan
73. Submitting strategic asset management plan for approval
74. Approving strategic asset management plan
75. Refusing to approve strategic asset management plan
76. Changing strategic asset management plan
77. Complying with approved strategic asset management plan

Division 2--System leakage management plans
Subdivision 1--Preliminary

78. Application of div 2
Subdivision 2--Preparing and submitting plan
79. Requirement for system leakage management plan
80. Preparing system leakage management plan
81. Certifying system leakage management plan
82. Submitting system leakage management plan for approval
Subdivision 3--Exemption from preparing plan
83. Application for exemption
84. Deciding the application
85. Conditions of exemption
86. Cancelling or amending an exemption
Subdivision 4--Approving or refusing to approve plan
87. Approving system leakage management plan
88. Refusing to approve system leakage management plan
89. Regulator may seek further information
Subdivision 5--Miscellaneous
90. Changing system leakage management plan
91. Complying with approved system leakage management plan

Division 3--Drinking water quality management
Subdivision 1--Offences

92. Offence to carry out drinking water service without approved drinking water quality management plan
93. Offence about compliance with drinking water quality management plan
Subdivision 2--Drinking water quality management plans
94. Purpose of drinking water quality management plan
95. Preparing drinking water quality management plan
96. Additional information may be required
97. Regulator may obtain advice about application
98. Consideration of application
99. Notice of decision
100. Amendment of drinking water quality management plan—application
101. Amendment of drinking water quality management plan—requirement of regulator
Subdivision 3--Reporting requirements
102AA. Application of sdiv 3
102. Notice of noncompliance with water quality criteria
102A. Notice of prescribed incident
102B. Self-incrimination not a reasonable excuse for sdiv 3
Subdivision 4--Miscellaneous
103. Requirement about giving water quality information
104. Requirement about operation of drinking water service

Division 4--Audit reports and reviews

105. Application of div 4
106. Reviewing plans
107. Changing plans following review
108. Providing regular audit reports
109. Declarations about regular audit report
110. Spot audits of plans
111. Declarations about spot audit report
112. Access for conducting audit reports

Division 5--Customer service standards

113. Purpose of div 5
114. Application of div 5
115. Preparing customer service standards
116. Content of customer service standard
117. Complying with customer service standard
118. Customer complaints
119. Revising customer service standard
120. Reviewing customer service standard

Division 6--Drought management plans

121. Purpose of div 6
122. Application of div 6
123. Preparing drought management plans
124. Certifying drought management plan
125. Submitting drought management plan for registration
126. Exemption from preparing drought management plan
127. Cancelling or amending exemption from preparing drought management plan
128. Registering a drought management plan
129. Changing a drought management plan
130. Complying with drought management plan

Division 7--Outdoor water use conservation plan

132. Application of div 7
133. Particular water service providers to have outdoor water use conservation plans
134. Approving outdoor water use conservation plan
135. Changing outdoor water use conservation plan
136. Complying with outdoor water use conservation plan

Division 8--Other service provider obligations
Subdivision 1--Residential premises

137. Application of sdiv 1
138. Guidelines for rate notice or account for supply of water to residential premises
139. Service provider to give occupier water advice
Subdivision 2--Premises with more than 1 sole-occupancy unit
140. Service provider to give information about water usage

Division 9--Annual reports

141. Service provider to report annually
142. Contents of annual report

Division 10--Water for fire fighting

143. Application of div 10
144. No charge for water for firefighting purposes
145. Water to be used only for firefighting purposes

Division 11--Exemptions for small service providers

146. Small service providers may apply for exemption
147. Deciding application for exemption
148. Notice of decision on application for exemption
149. Cancelling or amending an exemption
150. Sections 150–159 not used

Part 5--Service areas

Division 1--Preliminary

160. Application of pt 5

Division 2--Service areas

161. Declaration of service area
162. Notice of declaration of service area
163. Map of service area

Division 3--Access to services in service areas

164. Access to service in service area
165. Recovering cost of giving access to registered service
166. When service provider not required to supply water in service area

Division 4--Connecting to registered services

167. Owner may ask for connection to service provider's infrastructure
168. Notice requiring connection to registered service

Division 5--Restricting domestic water supply

169. Restricting domestic water supply in particular circumstances
170. Sections 170–179 not used

Part 6--Trade waste and seepage water approvals

180. Approvals for discharge of trade waste and seepage water
181. Approval may be conditional
182. Criteria for suspending or cancelling trade waste approval or seepage water approval
183. Suspending or cancelling trade waste approval or seepage water approval
184. Immediate suspension or cancellation
185. Amending trade waste approval or seepage water approval
186. Sections 186–189 not used

Part 7--Offences

190. Supplying unauthorised services
191. Connecting to or disconnecting from service provider's infrastructure without approval
192. Interfering with service provider's infrastructure
193. Discharging particular substances
194. Polluting water
195. Taking water without approval

CHAPTER 3--RECYCLED WATER MANAGEMENT

Part 1--Particular offences

196. Offence about supplying recycled water
197. Offences about compliance with exemption or recycled water management plan
198. Offence about compliance with post supply obligation
199. Offences about compliance with conditions of exclusion decision

Part 2--Recycled water management planning

200. Purpose of recycled water management plan
201. Preparing particular plans
201A. Additional requirements for plans for CSG recycled water schemes
202. Application for approval of recycled water management plan
203. Additional information may be required
204. Regulator may obtain advice about application
205. Consideration of application
206. Notice of decision
207. When regulator must not approve recycled water management plan
208. Statutory condition of approved recycled water management plans
209. Amending recycled water management plan by agreement
210. Amendment of recycled water management plan for single-entity recycled water scheme—requirement of regulator
211. Amendment of recycled water management plan for multiple-entity recycled water scheme—requirement of regulator
212. Amendment of recycled water management plan—application
213. Suspending or cancelling recycled water management plan if regulator is satisfied about particular matters
214. Suspending recycled water management plan if production or supply of recycled water stops
215. Application to resume supply
216. Sections 216–229 not used

Part 3--Notice about permanently stopping supply of recycled water

230. Notice about permanently stopping supply of recycled water
231. Cancelling recycled water management plan on receipt of notice under s 230
232. Sections 232–234 not used

Part 4--Validation programs

235. Application of pt 4
236. Preparing validation program
237. Application for approval of validation program
238. Additional information may be required
239. Regulator may obtain advice about application
240. Consideration of application
241. Notice of decision
242. Amendment of validation program
243. Sections 243–249 not used

Part 5--Exemptions

250. Application for exemption
251. Additional information may be required
252. Regulator may obtain advice about application
253. Consideration of application
254. Notice of decision
255. Duration of exemption
256. Provision about conditions of exemption
257. Cancelling or amending exemption

Part 6--Reviews and audits of recycled water management plans

258. Reviewing recycled water management plans
259. Changing plan after review
260. Providing internal audit reports
261. Providing regular audit reports
262. Spot audits
263. Auditor's responsibility to inform regulator
264. Declarations about audit reports
265. Access for conducting audits
266. Sections 266–269 not used

Part 7--Reporting requirements

Division 1--Notices to be given

270AA. Application of div 1
270. Notice of noncompliance with water quality criteria
271. Notice of prescribed incidents
272. Self-incrimination not a reasonable excuse for div 1

Division 2--Annual reports

273. Annual reporting requirement

Division 3--Public reports

274. Public reporting requirement
275. Sections 275–299 not used

Part 8--Declaration of critical recycled water schemes

300. Meaning of scheme manager for a recycled water scheme
301. Making declaration
302. Regulator may request information about a recycled water scheme
303. Notice of regulator's intention to make declaration
304. Notice of declaration
305. When declaration has effect
306. Review of declaration on request
307. Requirement to advise regulator about scheme manager
308. Sections 308–314 not used

Part 9--Dispute resolution process for particular critical recycled water schemes

315. Definitions for pt 9
316. Application of pt 9
317. Dispute resolution process

Part 9A--Coal seam gas water

Division 1--Preliminary

318. Meaning of relevant location for a drinking water service provider

Division 2--Exclusion from chapter 3 of particular schemes involving release into aquifers

319. Exclusion of particular CSG recycled water schemes involving release of coal seam gas water into aquifers

Division 3--Exclusion from chapter 3 of CSG recycled water schemes by regulator
Subdivision 1--Preliminary

320. Application of div 3
321. Purpose of div 3
Subdivision 2--Applications for, and making of, exclusion decisions
322. Application for exclusion decision
323. Additional information may be required
324. Regulator may obtain advice about application
325. Consideration of application
326. Notice of decision
327. Provision about conditions of exclusion decision
328. Duration of exclusion decision
329. Effect of exclusion decision
Subdivision 3--Revocation of exclusion decisions
329A. Grounds on which exclusion decision may be revoked by regulator
329B. Process for revoking exclusion decision
329C. Water quality monitoring and reporting may be required if revocation decision is stayed

Division 4--Interim recycled water management plans for particular CSG recycled water schemes

329D. CSG recycled water scheme may have interim recycled water management plan for interim period
329E. Content of interim recycled water management plan
329F. Reviews and audits not required for interim recycled water management plan
329G. Ending of approval of interim recycled water management plan

Division 4A--Provisions for CSG emergency releases

329GA. What is a CSG emergency release
329GB. Relationship with Environmental Protection Act 1994 for CSG emergency release
329GC. Obligations for continued release of recycled water after CSG emergency release

Division 5--Other provisions

329H. What is a post supply obligation
329I. Application of enforcement provisions for post supply obligations
329J. Power to enter land for compliance with particular requirements under ch 3

Part 10--Miscellaneous

330. Notice to sewerage service provider
331. Report about compliance with notice
332. Particular requirement about production or supply of recycled water
333. Requirement for certain entities to give information to scheme manager
334. Sections 334–339 not used

CHAPTER 4--REFERABLE DAMS AND FLOOD MITIGATION

Part 1--Referable dams

Division 1--Preliminary

340. Ch 4 does not apply to particular dams
341. What is a referable dam
342. What is failure impact assessment

Division 2--Failure impact assessing dams

343. When dam must be failure impact assessed
344. Process for failure impact assessment
345. Requirement for other failure impact assessments
346. Failure impact ratings for dams
347. Offences about failure impact assessments
348. Cost of failure impact assessment
349. Decision about failure impact assessment
350. Notice accepting failure impact assessment
351. Reviewing failure impact assessment
352. Rejecting failure impact assessment

Division 3--Safety conditions for existing referable dams

353. Applying safety conditions for existing referable dams
354. Deciding safety conditions
355. Process after deciding safety conditions
356. Changing conditions
357. Reassessing dams
357A. Chief executive may engage person to provide information

Division 4--Emergency powers
Subdivision 1--Preliminary

358. Application of div 4
Subdivision 2--Chief executive may give direction or take action about failure of dam
359. Direction to owner of emergency part of land
359A. Taking immediate action about failure of dam
Subdivision 3--Chief executive may recover expenses
360. Notice for recovering expenses
361. Notice in relation to land other than leased State land
362. Notice in relation to leased State land
Subdivision 4--Miscellaneous
363. Form of notice if imminent danger of dam failure

Division 5--General matters

364. Liability for loss or damage caused by failure of dam
365. Cancellation of development permit for decommissioned dam
366. Sections 366–369 not used

Part 2--Flood mitigation

370. Owners of particular dams must prepare flood mitigation manual
371. Approving flood mitigation manual
372. Amending flood mitigation manual
373. Regular reviews of flood mitigation manual
374. Protection from liability for complying with flood mitigation manual
375. Sections 375–399 not used

CHAPTER 5--INVESTIGATIONS AND ENFORCEMENT MATTERS

Part 1--Authorised officers

Division 1--Authorised officers' functions and powers generally

400. Functions
401. Powers generally

Division 2--Appointment of authorised officers

402. Appointment and qualifications
403. Appointment conditions and limit on powers
404. Issue of identity card
405. Production or display of identity card
406. When authorised officer ceases to hold office
407. Resignation
408. Return of identity card

Part 2--Powers of authorised officers

Division 1--Entry of places

409. Definition for pt 2
410. Power to enter land to monitor compliance
411. Power to enter land in relation to information collection
412. Power to enter places for other purposes

Division 2--Procedure for entry

413. Entry with consent
414. Application for warrant
415. Issue of warrant
416. Application by electronic communication and duplicate warrant
417. Defect in relation to a warrant
418. Warrants—procedure before entry

Division 3--Powers after entry

419. General powers after entering places
420. Failure to help authorised officer
421. Failure to give information

Part 3--Power to seize evidence

422. Seizing evidence
423. Securing seized things
424. Tampering with seized things
425. Powers to support seizure
426. Receipts for seized things
427. Forfeiture by authorised officer
428. Forfeiture on conviction
429. Dealing with forfeited things
430. Return of seized things
431. Access to seized things

Part 4--Power to require information

432. Power to require name and address
433. Failure to give name or address
434. Power to require information or documents

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

Division 1--Preliminary

435. Application of pt 5

Division 2--Enforcement provisions

436. Power about preventing or minimising adverse effects—general
437. Offence to fail to comply with direction
438. Particular powers of regulator or authorised officer
439. How powers may be exercised
440. Regulator's powers not affected

Division 3--Cost recovery

441. Definitions for div 3
442. Who is a prescribed person for a water supply incident
443. Regulator may give notice for recovery of costs
444. Regulator may recover costs
445. Sections 445–449 not used

Part 6--Other matters

450. Notice of damage
451. Compensation
452. Sections 452–459 not used

Part 7--Obtaining criminal history reports

460. Purpose of pt 7
461. Chief executive's power to obtain criminal history report
462. Criminal history is confidential document

Part 8--Notices and cost recovery

Division 1--Show cause notices

463. General requirements for show cause notices
464. Show cause notice must be given

Division 2--Compliance notices

465. Who may give compliance notice
466. Compliance notice
467. Chief executive or regulator may take action and recover costs

Division 3--Cost recovery

468. Regulator may engage expert and recover costs
469. Sections 469–474 not used

Part 9--Enforcement proceedings

475. Starting proceeding for enforcement order
476. Proceeding started in a representative capacity
477. Starting proceeding for enforcement order without notice
478. Making interim enforcement order
479. Making enforcement order
480. Effect of enforcement order
481. Powers about enforcement orders
482. Parties to pay own costs for proceedings

CHAPTER 6--OFFENCES, EVIDENTIARY MATTERS AND LEGAL PROCEEDINGS

Part 1--General offences

483. False or misleading statements
484. False or misleading documents
485. Obstructing an authorised officer
486. Impersonation of an authorised officer
487. Executive officers must ensure corporation complies with Act

Part 2--Evidentiary matters

488. Application of pt 2
489. Appearance
490. Appointments and authority
491. Evidentiary aids

Part 3--Proceedings for offences

492. Indictable and summary offences
493. Proceedings for indictable offences
494. Limitation on who may summarily hear indictable offence proceedings
495. Limitation on time for starting proceeding for summary offence
496. Notice of proceedings for offences
497. Limitation on who may bring particular proceedings
498. Proceeding brought in a representative capacity
499. Orders Magistrates Court may make in offence proceeding
500. Offence to contravene Magistrates Court order

Part 4--Miscellaneous provisions

501. Chief executive's and regulator's power to remedy stated public nuisance
502. Responsibility for acts or omissions of representatives
503. Sections 503–509 not used

CHAPTER 7--REVIEWS, APPEALS AND ARBITRATION

Part 1--Preliminary

510. Who is an interested person

Part 2--Review of decisions

511. Appeal or external review process starts with internal review
512. Who may apply for review
513. Requirements for making internal review application
514. Review decision
515. Notice of review decision
516. Stay of operation of original decision

Part 3--Appeals and external reviews

517. Who may appeal or apply for an external review
518. Starting an appeal to Planning and Environment Court
519. Stay of operation of review decision
520. Hearing procedures
521. Assessors
522. Powers of court on appeal
523. Appeal costs

Part 4--Arbitration

524. Who may apply for arbitration
524A. Stay of operation of review decision
525. Acknowledging dispute notice
526. Withdrawing dispute notice
527. Parties to arbitration
528. Decision by authority
529. Conduct of arbitration

CHAPTER 8--MISCELLANEOUS

Part 1--Appointment of administrator and emergency powers for particular infrastructure

Division 1--Appointment of administrator

530. Governor in Council may appoint administrator to operate infrastructure
531. Effect of administrator operating infrastructure
532. Effect of appointment of administrator
533. Withdrawing appointment of administrator

Division 2--Emergency powers for operating particular infrastructure

534. Regulator or other person may operate infrastructure for drinking water—regulator's notice
535. Regulator or other person may operate infrastructure for recycled water—regulator's notice
536. Effect of operating infrastructure

Division 3--Other matter

537. Corporations legislation displacement provision
538. Sections 538–559 not used

Part 2--Relationship with Planning Act

560. Codes for Planning Act
561. Development applications for referable dams
562. When applicant may appeal to Land Court
563. Sections 563–569 not used

Part 3--Other miscellaneous provisions

570. Advisory councils
571. Regulator may make guidelines
572. Chief executive may make guidelines
573. Water service provider may make guidelines
574. Documents regulator and chief executive must keep available for inspection and purchase
575. Documents service provider must keep available for inspection and purchase
576. Documents recycled water provider and scheme managers must keep available for inspection and purchase
577. Records to be kept in registries
578. Protecting officials from liability
579. Regulator may share particular information
579A. Chief executive may share particular information
580. Non-disclosure of commercially sensitive information
581. Delegation by Minister
582. Delegation by chief executive
583. Fees and charges payable to chief executive and regulator
584. Non-payment of fees or charges
585. Approved forms
586. Regulation-making power

CHAPTER 9--TRANSITIONAL AND SAVINGS PROVISIONS FOR ACT NO. 34 OF 2008

Part 1--Purposes, definitions and general approach

587. Main purposes of ch 9
588. Definitions for ch 9
589. Authorised actions and documents etc. under previous provision
590. Things continued in force under Water Act
591. Terminology in things mentioned in s 589(1)
592. Period stated in previous provision
593. Period or date stated in document given under previous provision
594. Act or omission happening before commencement may be relevant to proceeding for particular acts or omissions
595. Acts Interpretation Act 1954, s 20 not limited

Part 2--Transitional provisions relating to particular provisions of the Water Act

Division 1--Transitional provisions relating to the Water Act, chapter 3
Subdivision 1--Examples for chapter 2

596. Examples for ch 2 of things under s 589
597. Examples for ch 2 of obligations under s 589
598. Examples for ch 2 of protections under s 589
Subdivision 2--Service providers and service provider obligations
599. Existing service providers
600. Water efficiency management plans
601. Approved strategic asset management plans
602. Approved system leakage management plans
603. Audit reports
604. Customer service standard
605. Drought management plan
606. Application of provision about guidelines for rate notice or account for water supply
607. Application of provision about water advices
608. Service areas
609. Existing trade waste approvals
Subdivision 3--Referable dams and flood mitigation
610. Examples for ch 4 of things under s 589
611. Referable dams and failure impact assessment
612. Hazardous dams
613. Approved flood mitigation manuals

Division 2--Transitional provisions relating to the Water Act, chapter 5

614. Examples for ch 5 of things under s 589

Division 3--Transitional provisions relating to the Water Act, chapter 6

615. Examples for ch 7 of things under s 589

Division 4--Transitional provisions relating to the Water Act, chapter 7

616. Examples for ch 6 of things under s 589

Division 5--Transitional provisions relating to the Water Act, chapter 8

617. Examples for ch 8 of things under s 589

Division 6--Transitional provisions relating to the Water Act—general matters

618. Existing applications
619. Existing exemptions
620. Existing authorised officers
621. Guidelines
622. Internal review
623. Appeals
624. Arbitration
625. Legal proceedings
626. References in Acts and documents

Part 3--Transitional provisions about outdoor water use conservation plans

627. Application of provision about outdoor water use conservation plan

Part 4--Transitional provisions about drinking water

628. Application of particular provision
629. Notice requiring entity to have approved drinking water quality management plan
630. Provision about water quality monitoring and reporting

Part 5--Transitional provisions about recycled water

631. Application of particular provisions—existing schemes
632. Application of particular provisions—schemes supplying recycled water for particular purposes
633. Application of particular provisions—other schemes
634. Notice requiring entity to have approved plan

CHAPTER 10--OTHER TRANSITIONAL PROVISIONS

Part 1--Transitional provision for Sustainable Planning Act 2009

636. Application of s 562

Part 2--Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) Act 2009

637. Provision for recovery of costs for particular investigations

Part 3--Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2010

638. Provision for carrying out particular failure impact assessments
639. Service provider water restrictions

Part 4--Transitional provisions for Water and Other Legislation Amendment Act 2010

640. Definitions for pt 4
641. Conditions of particular CSG environmental authorities taken to be interim recycled water management plan
642. Transitional period for existing CSG recycled water schemes
643. Provision about water quality monitoring and reporting
SCHEDULE 1 -- PROHIBITED SUBSTANCES
SCHEDULE 3 -- DICTIONARY
Endnotes

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