Water and Sewerage Industry Act 2008

The terms and conditions of a transitional consent may be varied as agreed between the regulated entity, and the person, to whom the consent relates.

A regulated entity may notify a person to whom a transitional consent relates that – the person is required to enter into negotiations in relation to the terms and conditions of the consent; and the person is, for that purpose, to contact a person specified in the notice.

A notice under subsection (2) is to include a summary of the process by which the terms and conditions of a transitional consent may be varied under this Subdivision and the consequences of the terms and conditions not being so varied.

If, before the end of the period of 3 years after the date on which a notice is issued under subsection (2) by a regulated entity to a person to whom a transitional consent relates, the regulated entity and the person have not agreed to vary the terms and conditions of the consent, the regulated entity may issue a notice (a warning notice) to the person.

A warning notice to a person is a notice stating that – the consent to which the notice relates will cease to be in force at the end of the period of 3 months after the date on which the warning notice is issued, unless – an application is made to the Regulator under subsection (6); or the person agrees to vary the terms and conditions of the consent so that they are the same as, or include, the terms and conditions set out in the notice; and the person may apply to the Regulator, before the end of the period of 14 days after the date on which the warning notice is issued, for the Regulator to determine the terms and conditions of the consent under subsection (1).

A person, before the end of the period of 14 days after a warning notice in relation to a transitional consent is issued to the person, may apply to the Regulator to determine the terms and conditions that are to be the terms and conditions of the transitional consent to which the notice applies.

If an application is not made under subsection (6) in relation to a transitional consent to which a warning notice relates and the terms and conditions of the consent are not varied under this Subdivision, then, despite any provision in the Miscellaneous Amendments Act, at the end of the period of 3 months after the date on which the warning notice is issued – the transitional consent ceases to be in force; and a regulated entity ceases to be required to take all reasonable steps to provide or make arrangements for the provision, to the area of land to which the consent relates, of sewerage services consisting of the removal of trade waste; and if section 56ZS(2)(a) or section 56ZS(2)(b) applies in relation to the transitional consent, the transitional consent ceases to be a special plumbing permit or trade waste agreement.