South East Queensland Water (Restructuring) Act 2007

This Act may be cited as the South East Queensland Water (Restructuring) Act 2007.

The following provisions of this Act commence on a day to be fixed by proclamation—

• section 6(1)(c) and (d)

• schedule 2, amendment of the Queensland Competition Authority Act 1997.

The purpose of this Act is to facilitate a restructure of the water industry in south east Queensland to deliver significant benefits to the community, including—

improved regional coordination and management of water supply; and

more efficient delivery of water services; and

enhanced customer service for water consumers; and

a clearer accountability framework for water supply security.

This Act applies both within and outside Queensland.

This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.

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

The Queensland Bulk Water Supply Authority (the Authority) continues in existence.

The Authority is not a body corporate.

Note—

The Authority does not have perpetual succession. See section 64.

The Authority does not represent the State.

The Authority has all the powers of an individual and may, for example—

enter into contracts; and

acquire, hold, dispose of, and deal with property; and

employ staff; and

appoint agents and attorneys; and

engage consultants; and

fix charges, and other terms, for services and other facilities it supplies; and

do anything else necessary or convenient to be done for its functions.

Without limiting subsection (1), the Authority has the powers given to it under an Act.

However, the Authority’s powers are subject to any limitations under an Act.

The Authority may sue and be sued in the name it is given under section 6(1).

A document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board.

Example of a document—

an instrument under section 13 delegating a function of the Authority

A document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.

The Authority has the following functions to the extent they are consistent with its operational and strategic plans—

carrying out water activities and other ancillary activities;

supplying water services and other ancillary services;

Example of an ancillary service—

delivering a community education program relating to the Authority’s functions

supplying other services relating to the water industry, including—

engineering services; and

services for operating or maintaining infrastructure; and

business management services; and

Example—

services for managing government or business initiatives to save water

energy generation; and

scientific services;

developing water supply works;

improving the supply, delivery and quality of water, including by way of—

riverine area protection; and

soil erosion control; and

land degradation treatment and prevention; and

nutrient management; and

vegetation management;

using or managing its land in ways that benefit the community, including for recreational purposes;

undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand—

supporting cost-effective operations;

promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;

ensuring the safe, secure and reliable supply of water;

anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g);

another function conferred under an Act.

Also, if requested by the water chief executive, the Authority has the function of advising the water chief executive about its activities to assist in the performance of the water chief executive’s functions under the Water Act 2000, chapter 2, part 2, division 4.

In this section—

service provider see the Water Act 2000, schedule 4.

water infrastructure see the Water Act 2000, schedule 4.

s 10 amd 2011 No. 33 s 17

om 2012 No. 39 s 40

The Authority must carry out its functions as a commercial enterprise.

Subsection (1) does not apply to the extent the Authority is required under this Act to perform a community service obligation other than as a commercial enterprise.

The Authority may exercise its powers and perform its functions inside or outside Queensland.