2014-05-20 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                       20 MAY 2014



The legislation provides for the Connections Policy to be adopted on an interim and standalone
basis (known as the Interim Connections Policy) until the Water Netserv Plan is adopted
(required by 1 October 2014). The ability for an Interim Connections Policy was provided for in
the legislation, acknowledging that it was not possible for the distributer-retailers to complete all
of the necessary processes for a Water Netserv Plan to be in place by the 1 July 2014
commencement date.

Under the current South-East Queensland (Distribution and Retail Restructuring) Act 2009 (the
DRA), Unitywater is required to ensure the Interim Connections Policy is endorsed by each
participating Council (Moreton Bay, Sunshine Coast Regional and Noosa Councils) “…as being
consistent with the planning assumptions for its local government area”. Similarly, once the
Netserv Plan is completed, Unitywater will seek Council’s endorsement of Part A of the Water
Netserv Plan, which is required to be adopted by 1 October 2014.

2.    Utility Model

The Water Supply Services Legislation Amendment Bill 2014 was passed in parliament on 7 May
2014 and establishes the legislative arrangements for the new water and sewerage connection
approval regime (the Utility Model) for the two distributor-retailers in South-East Queensland and
their participating councils. The Utility Model process will replace the interim (“delegated
assessment”) approval process that has applied since the distributor-retailers were established
on 1 July 2010. The interim approval process functions within the Integrated Development
Assessment System (IDAS) under the Sustainable Planning Act 2009, while the new Utility
Model process will operate separately under the South-East Queensland (Distribution and Retail
Restructuring) Act 2009 (the DRA).

Under the South-East Queensland (Distribution and Retail Restructuring) Act 2009 (the DRA)
applications for ‘Water Approvals’ will be lodged directly with Unitywater and there will be no role
for Council in overseeing the assessment, conditioning or construction of water and sewerage
works. The exception being where works are proposed in road reserve or land where Council is
trustee, and for these Council will have a ‘concurrence agency’ role. Alternatively, the DRA
provides for the ability for councils and distributor-retailers to enter into a ‘consent agreement’
and enable the distributor retailer to give a water approval for infrastructure and works within
Council’s road reserve, which may subject to certain criteria and limitations.

Unitywater have indicated that they would like the participating councils to consider a consent
agreement and it is anticipated that a further report will be presented on this matter in the future
for Council’s consideration. Staff will raise this issue for discussion at this Committee meeting to
seek feedback from Councillors.

The DRA effectively moves away from the integrated development assessment philosophy put in
place by Integrated Planning Act 1997 and carried on by the Sustainable Planning Act 2009 and
has the potential to result in disparate and conflicting approvals. It is conceivable under the
legislation that Council may refuse an application for a development proposal and Unitywater
issue a ‘Water Approval’ for the development or vice versa.

A submission was made to the Water Supply Services Legislation Amendment Bill to the Minister
for Energy and Water Supply raising a number of concerns with the Bill’s provisions, in
particularly to the transitional provisions for existing development approvals. Attachment 1
includes a copy of the submission. The transitional provisions describe the process for existing
development applications not decided prior to 1 July 2014 and for development approvals for
material change of use and reconfiguring a lot that require a later Operational Works approval for
water and sewerage to be made after 1 July 2014.



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