Queensland Consolidated Acts Queensland Consolidated Acts(1) A service provider, owner of land, operator of water infrastructure, operator of relevant water infrastructure or lessee of a service provider or operator of water infrastructure (each an affected party) is not liable for an event or circumstance beyond the control of the affected party.
(2) Subsection (1)—
(a) applies only if, in relation to the event or circumstance, the affected party acted reasonably and without negligence; and
(b) does not affect, or in any way limit, the liability of an affected 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, relevant water 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.