Water Supply (Safety and Reliability) Act 2008

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.

Sections 677 to 679 commence on 1 August 2008.

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.

The purpose of this Act is to provide for the safety and reliability of water supply.

The purpose is achieved primarily by—

providing for—

a regulatory framework for providing water and sewerage services in the State, including functions and powers of service providers; and

a regulatory framework for providing recycled water and drinking water quality, primarily for protecting public health; and

the regulation of referable dams; and

flood mitigation responsibilities; and

protecting the interests of customers of service providers.

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

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.

Subsection (1) does not apply to—

the operation of the State Development and Public Works Organisation Act 1971; or

the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971.

Nothing in this chapter affects the powers of a local government or an authorised person under the Local Government Act.

See editor’s note for section 1.

The regulator is the chief executive.

The regulator’s general functions are—

to keep a register of service providers registered under this Act; and

to review and make recommendations about standards and practices under this Act; and

to monitor compliance with this Act; and

to perform other functions given to the regulator under this Act or another Act.

In performing the regulator’s functions, the regulator must consider the purposes of this Act.

In this section—function includes power.

The regulator must keep a register of service providers.

The register may be kept in the form, including electronic form, the regulator considers appropriate.

The register must contain the following for each entity registered by the regulator as a service provider—

the service provider’s name and contact details;

the service provider’s nominated contact officer;

details of the infrastructure operated by the service provider to supply the relevant water or sewerage service;

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;

the nature of the services offered by the service provider;

any other particulars the regulator considers necessary.

The regulator must publish on a Queensland Government website a list of the entities registered as service providers.

The regulator must keep a register of registered recycled water schemes.

The register may be kept in the form, including electronic form, the regulator considers appropriate.

The register must contain the following information for each registered recycled water scheme—

the scheme’s name and contact details;

the name of—

for a single-entity recycled water scheme—the recycled water provider for the scheme; and

for a multiple-entity recycled water scheme—

the scheme manager; and

each recycled water provider; and

any other declared entities;

the location of the infrastructure for the production or supply of recycled water under the scheme;

the source water used for the production or supply of recycled water under the scheme;

the uses for the recycled water supplied under the scheme.

The register may also contain any other particulars the regulator considers necessary.

The regulator—

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

may publish any other information mentioned in subsection (3).

In this section—registered recycled water scheme means a recycled water scheme registered under section 196AC.

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—

information the regulator reasonably requires to perform the regulator’s functions;

information about water security.

A requirement under subsection (1) is not limited to information the responsible entity has before the requirement was made.

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.

The responsible entity must comply with the requirement unless the responsible entity has a reasonable excuse.Maximum penalty—200 penalty units.

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.

In this section—responsible entity means each of the following—

a recycled water provider or other declared entity for a recycled water scheme;

a service provider;

the scheme manager for a multiple-entity recycled water scheme;

if a service provider is the prescribed related entity of the relevant infrastructure owner—the owner.