2014-05-20 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA     20 MAY 2014


                                                   ATTACHMENT 1




                                                    Page 49 of 143

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                           20 MAY 2014

                                                                                      ATTACHMENT 1
       fe) NOOSA COUNCIL                                           bo
       mm

                                                         Officer Name: Kerri Coyle
                                                         Officer Email: kerri. [email protected]
                                                         Phone No:     07 5329 6240

        1 April 2014

        Hon Mark McArdle MP
        Minster for Energy and Water Supply
        PO Box 15456
        CITY EAST Q 4002

        Dear Hon Mark McArdle,
        RE: Submission on the Water Supply Services Legislation Amendment Bill 2013
        | refer to the Water Supply Service Legislation Amendment Bill 2014 and seek your urgent
        attention and consideration to the transitional provisions for existing development approvals
        under the Bill.

        The Bill 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 Integrated
        Development Assessment System under the Sustainable Planning Act 2009, while the new
        utility model process will operate separately under the South-East Queens/and (Distribution
        and Retail Restructuring) Act 2009.
        The major concern is that the current provisions in the Bill will have the effect of continuing
        the interim delegated assessment regime for an extended penod in parallel with the new
        water approval regime.
        Under the current Bill, the transitional provisions only make a clean and immediate break for
        new subdivision applications lodged after 1 July 2014.
        All existing development approvals for Material Change of Use and Operational Works will
        continue under the current arrangements, with councils continuing to act as the “delegated
        agent’ of the distributer-retailer for the life of those approvals. This means that where staged
        approvals exist, Councils could continue to act as the “delegated” agent for the life of those
        approvals over many, many years.
        This will be confusing for the development industry, councils and the community alike as
        they will be operating under two completely different regimes.

         NOOSA COUNCIL             PO Box 141              P. (07) 5329 6500 [email protected]
         ABN: 97 969 214 121       TEWANTIN QLD 4565       F. (07) 5329 6501 www.noosa.qid.gov.au

                                                                                         Page 49 of 143