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2016008949 DECISION NOTICE - Signed
Attached to the e-mail Operational Works Application OPW16/0338.
Head Office:
Ground Floor, 33 King Street
Caboolture QLD 4510
Mailing Address:
PO Box 953, Caboolture QLD 4510
1300 0 UNITY (1300 086 489)
www.unitywater.com
ABN: 89 791 717 472
DECISION NOTICE
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
Application Details
Connection Application No: 2016008949
Street Address: 10 Pelican St, 5 & 13 Memorial Ave TEWANTIN, QLD 4565
Property Description: Lot 1 RP73080 & Lot 10 SP236319
Local Government Area: Noosa Shire Council
Decision Details
Decision: Approval
Decision Date: 18/11/2016
Assessment Officer: Mike Laverty
Category of Connection: Other
Approval Phase: Connection Approval & Network Works Approval
Approval Type Alteration to Unitywater Network
Description: Proposed Commercial Development - Extension of existing
RSL building and Sewermain Re-alignment with Build-over
Sewer aspect and Water Supply/Fire Service.
Advice: Refer to condition CAS 12 regarding the Building over and/or
adjacent to Unitywater asset component of this Connection
Application
Page 1 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
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Page 2
Conditions
General Conditions
This approval authorises the connection of network infrastructure and/or property services infrastructure at
Lot 1 RP73080 & Lot 10 SP236319 to Unitywater’s infrastructure subject to the following conditions.
General Condition Timing
GEN
When approval lapses
1
Ensure the water connection aspects of this water approval are carried out At all times.
within 4 years of the date of this water approval taking effect.
Connections Approvals General Conditions Timing
CAG
Approved demand
2
Do not exceed the following approved additional demand for the To be
development: maintained at all
Water Supply: 9.2 equivalent persons, water times.
(Based on 683m2 [email protected] equivalent persons water / 100m2 GFA)
Sewerage: 10.6 equivalent persons, sewerage
(Based on 683m2 [email protected] equivalent persons sewer / 100m2 GFA)
Where the equivalent person rate is determined in accordance with
Unitywater’s Schedule of Works.
CAG
Damage to existing services and assets
3
Notify Unitywater about any damage caused to existing water supply At all times
and/or sewerage services and assets above or below the ground and during
repair any damage to the service or asset to the same standard or better construction and
as existed before the damage occurred. Notification to Unitywater and until works are
repairs are to be done as soon as reasonably possible. accepted ‘Off-
Any repair work proposing to alter or affect the alignment or level of Maintenance’.
existing water supply and/or sewerage services and assets must first be
referred to Unitywater for approval.
CAG
Existing services alterations/relocations - cost
4
Carry out any change to Unitywater’s existing infrastructure authorised by At all times
this approval at no cost to Unitywater. during
construction and
until works are
accepted ‘Off-
Maintenance’.
Page 2 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 3
Connections Approvals Water Timing
CAW
Reticulated water supply
1
a) Provide reticulated water supply to the development, including a a) Prior to the
metered water service line and connection(s) to Unitywater’s issue of the
existing water supply network in accordance with Unitywater’s Certificate of
Connections Administration Manual & South East Queensland Completion.
Water Supply and Sewerage Design and Construction Code.
This condition is imposed under section 99BRDJ – conditions b) Prior to the
about non-trunk infrastructure of the South-East Queensland commencem
Water (Distribution and Retail Restructuring) Act 2009. ent of the
b) Engineering drawings and specifications detailing the works works.
required by this approval must be in accordance with Unitywater’s
South East Queensland Water Supply and Sewerage Design and c) Prior to the
Construction Code. issue of the
c) As-constructed drawings and data which detail the works Certificate of
constructed by the Applicant must be compiled and submitted in Completion.
accordance with Unitywater’s South East Queensland Water
Supply and Sewerage Design and Construction Code. d) At the time
d) The developer must pay all costs associated with the connection, the works are
inspection and acceptance of the proposed works. carried out.
Connections Approvals Sewer (CAS) Timing
CAS
Sewer reticulation
1
a) Provide reticulated sewerage to all lots within the development,
including a property connection to each lot and connection(s) to a) Prior to the
Unitywater’s existing sewerage network in accordance with issue of the
Unitywater’s Connections Administration Manual & South East Certificate of
Queensland Water Supply and Sewerage Design and Construction Completion
Code.
This condition is imposed under section 99BRDJ – conditions b) Prior to the
about non-trunk infrastructure of the South-East Queensland Water commencem
(Distribution and Retail Restructuring) Act 2009. ent of the
b) Engineering drawings and specifications detailing the works works
required by this approval must be in accordance with Unitywater’s
South East Queensland Water Supply and Sewerage Design and c) Prior to the
Construction Code. issue of the
c) As-constructed drawings and data which detail the works Certificate of
constructed by the Applicant must be compiled and submitted in Completion
accordance with Unitywater’s South East Queensland Water
Supply and Sewerage Design and Construction Code. d) At the time
d) The developer must pay all costs associated with the connection, the works are
inspection and acceptance of the proposed works. carried out
CAS
Sewer service connection points
2
Provide service connection points to all lots within the development. This Prior to the
condition is imposed under section 99BRDJ of the South-East Queensland issue of the
Water (Distribution and Retail Restructuring) Act 2009. Certificate of
Advice: The Applicant may request Unitywater to undertake these works Completion.
Page 3 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 4
at the Applicant’s cost.
CAS
Construct sewerage main
4
Provide sewerage to the upstream property/stage boundary/s to enable Prior to the
future mains extensions. This condition is imposed under section 99BRDJ issue of the
– conditions about non-trunk infrastructure of the South-East Queensland Certificate of
Water (Distribution and Retail Restructuring) Act 2009. Completion
Note: Upstream property is any adjoining catchment identified as requiring
to be serviced by the proposed sewerage infrastructure regardless of the
contour topography
CAS
Relocate/Re-align sewer main
7
Relocate/re-align the existing 150mm diameter sewer main from (MH EX/1 Prior to
to MH 3/1). This condition is imposed under section 99BRDJ – conditions connection to
about non-trunk infrastructure of the South-East Queensland Water the Unitywater
(Distribution and Retail Restructuring) Act 2009. network.
CAS Easements
9
Easements must be provided over sewerage mains traversing the site in
accordance with Unitywater’s South East Queensland Water Supply and Prior to the
Sewerage Design and Construction Code. issue of the
Certificate of
Note: Easement terms will be the most current registered dealing held by
Completion
the Department of Natural Resources & Mines and will not be altered or
amended.
CAS Building over and/or adjacent to Unitywater asset – Approval attached
12
Your development has a requirement that the property owner obtain
‘Building Over and/or Adjacent to Unitywater Asset’ (BOAA) consent for Prior to the
building structures proposed to be built within proximity of the re-aligned commencement
150mm sewer main traversing the site . of any works for
that building or
This BOAA approval has been granted and the approval document is
structure.
attached at the end of this decision notice.
Network Works Approval Conditions Timing
NWA
Approved Network Works Drawings
1
Construct the network works generally in accordance with the approved At all times
design drawings as follows: during
construction and
Unitywater Approved Network Works Drawings until Network
Drawing Works are
Title Prepared by Date accepted ‘Off-
Number
Maintenance’.
C002 VT Consulting
Sewer Reticulation Notes 14/11/16
Rev B Engineers
C003 Sewer Reticulation Layout VT Consulting
15/11/16
Rev D Plan Engineers
Page 4 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 5
C004 Sewer Reticulation Long VT Consulting
14/11/16
Rev C Section Engineers
C005 Sewer Reticulation Build VT Consulting
14/11/16
Rev B Over Sewer Sections Engineers
1620/HWD/ Hydraulic Services Basement
H05 Floor Plan (1 of 2) / Water & BRW Enterprises 20/10/16
Rev DD1 Fire Services
This condition is imposed under section 99BRDJ – conditions about non-
trunk infrastructure of the South-East Queensland Water (Distribution and
Retail Restructuring) Act 2009.
NWA
Pre-start Meeting
3
Construction of the water supply and sewerage works must not Prior to the
commence until a joint Pre-start Meeting has occurred, between: commencement
(a) the responsible consulting engineer; of construction.
(b) the principal contractor and the subcontractor (if any); and
(c) a Unitywater development officer.
NWA
Works at Applicant’s expense
4
The Applicant is responsible for all costs associated with the works that At all times
need to be constructed to comply with conditions unless otherwise stated during
in the condition. construction and
until works are
accepted ‘Off-
Maintenance’.
NWA
Standards
5
At all times
Construct all works in accordance with the approved drawings, the South during
East Queensland Water Supply and Sewerage Design and Construction construction and
Code, Unitywater’s Connections Administration Manual, other conditions until works are
stated in this Decision Notice for a water approval. accepted ‘Off-
Maintenance’.
NWA
Council approval
6
Submit a copy of the Council development permit that is consistent with
the connection approval with the request for the Pre-start Meeting.
Prior to request
Note: If a copy of the Council development permit is not able to be for a Pre-start
provided, a written statement describing the reasons why the approval is Meeting.
not attached must be submitted with the pre-start request form.
NWA
Workplace health and safety
7
Comply with the Work Health and Safety Act and Regulations.
Note: Should the Applicant fail to appoint a Principal Contractor within At all times
the meaning of that Act within the time required, the Applicant shall be during
the Principal Contractor under that Act and shall perform all duties of the construction and
Principal Contractor including but not limited to: until works are
accepted ‘Off-
Giving notice to the Director of Accident Prevention prior to Maintenance’.
commencing notifiable work; and
Page 5 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 6
Payment of the relevant fees under the Act.
Connections Approvals Advice (CAA)
CAA
Infrastructure charges
1
Payment of Levied Charges is required in accordance with Unitywater’s Infrastructure Charges
for water supply and sewerage. Unitywater may give the Applicant an Infrastructure Charges
Notice within 10 business days after the giving of this Decision Notice.
From 1 July 2014, all Infrastructure Charges for water supply and sewerage infrastructure
networks controlled by Unitywater, regardless of when the Infrastructure Charges Notice was
issued, shall be paid directly to Unitywater.
CAA
Works in roads
3
Where works associated with the Connection Application results in works to be carried out in
a publicly controlled place e.g. roads, it is the Applicant’s responsibility to gain the necessary
approvals from the relevant authority e.g. council, Department of Transport and Main Roads.
It is the Applicant’s responsibility to ensure that it has all necessary consents and approvals to
carry out any works in a publicly controlled place prior to starting any such works.
The approval for works in roads must be attached to the Request for Pre-start Meeting form.
CAA
State Assessment and Referral Agency (SARA)
4
This approval relates to Connection Application requiring approval under the South-East
Queensland Water (Distribution and Retail Restructuring) Act 2009 only. It is the Applicant’s
responsibility to ensure any works requiring approval/s under the Sustainable Planning Act
2009 (Qld) are obtained from State Assessment and Referral Agency (SARA) prior to the
request for a Pre-start Meeting.
CAA
The Aboriginal Cultural Heritage Act 2003
6
The Aboriginal Cultural Heritage Act 2003 commenced in Queensland on April 16, 2004. The
Aboriginal Cultural Heritage Act 2003 establishes a Duty of Care for indigenous cultural
heritage. This applies on all land and water, including freehold land. The Cultural Heritage
Duty of Care lies with the person or entity conducting the activity.
Penalty provisions apply for failing to fulfil the Cultural Heritage Duty of Care.
Unitywater strongly advises the Applicant to contact the Cultural Heritage Co-ordination Unit
on 07 32476212 to discuss any obligations under the Aboriginal Cultural Heritage Act 2003.
CAA
Level of service
7
The Water and Sewerage Services Code for Small Customers in South East Queensland and
the Unitywater’s Customer Service Standard specify the level of service for Unitywater’s water
and sewerage services.
CAA
Other services
8
It is the Applicant’s responsibility to acquire the necessary approvals from the relevant
authority or service provider to alter or relocate their service.
Page 6 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 7
CAA
Other approval requirements and compliance with all laws
9
This approval only authorises the connection to Unitywater’s infrastructure. This approval
does not remove the need for other approvals in order to carry out the necessary work for the
development.
For example, the Applicant should consider the need to comply with relevant standards and
obtain approvals for impacts arising from sediment and erosion control, flora and fauna and
traffic/roads, including traffic management etc.
The Applicant is responsible for obtaining all necessary approvals for its development and
complying with all laws including all environmental laws.
CAA
Third party property
10
If any infrastructure authorised by this approval is to be constructed on property that is not
owned or controlled by the Applicant, it is the Applicant’s or developer’s responsibility to gain
the necessary consents to install that infrastructure.
CAA
Connection to Unitywater network/s
11
Connections to the existing Unitywater water supply and/or sewerage network/s will only be
carried out by Unitywater or as agreed with Unitywater’s Private Works section and by
application. Connections will only be completed after the new infrastructure has been
accepted ‘On-Maintenance’.
Works on or in close proximity to existing Unitywater infrastructure require consultation with
Unitywater Private Works prior to commencement of construction. Private Works shall be
contacted (allow a minimum of five working days for processing) prior to commencing work.
The requirement for a Network Intervention application will require additional processing time.
CAA
Water service/s installation
12
If this application is subject to the payment of Infrastructure Charges, Unitywater will install
the water service/s within 20 business days after the payment of the Infrastructure Charges.
CAA
Errors and Omissions
13
This approval shall not be taken to mean that the drawings have been checked in detail,
Unitywater accepts no responsibility whatsoever for the survey information, the design, or for
the accuracy of any information or detail contained in the drawings and specifications.
Where errors or omissions occur in the design drawings or specifications, or where works do
not conform to or meet Unitywater standards, the Applicant’s Consultant shall rectify such to
comply with those standards at no cost to Unitywater.
Where drawings contain insufficient detail or do not contain details of works that are either
necessary or associated with the development then these works shall be designed and
constructed to Unitywater standards, as required by Unitywater.
Unitywater reserves the right to amend the approved drawings or request further information
should this become necessary. Only the Unitywater approved drawings shall be used for
construction.
CAA
Existing water meter/s
14
The Applicant is advised that if the existing water meter currently serving the property will no
longer be required, an application (Standard Connection Request) must be made to
Unitywater to disconnect the meter.
A fee is applicable for the disconnection of services.
Page 7 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 8
Refer to Unitywater Fees and Charges schedule at: www.unitywater.com/fees-and-charges.
CAA
Private Works
15
The Applicant is advised that all connection works by Unitywater Private Works are quoted on
application.
This requires the applicant to submit a completed Water Supply and Sewerage Services
Private Works Application form to the email address on the form together with this water
approval to enable a quotation to be produced by Private Works.
The form is available at: www.unitywater.com.au/private-works .
Internal Review and Appeal Rights
You have a right to apply for an internal review of the decision including the conditions attached to this
decision. Under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 an
appeal against a decision must be, in the first instance, by way of an application for internal review.
The attached information sheet provides information about the internal review and appeal processes,
including how to apply and the details of the information required to be submitted with your application.
Please note that any application for an internal review of this decision must be made within 30 business
days after the date the application was decided (see Decision Details on Page 1).
It is advised that prior to the submission of a formal application for internal review, the applicant should
contact the responsible Unitywater officer to discuss the issues of concern. This can be done by
emailing [email protected] and it needs to be made clear in the email content that
this initial enquiry is not a formal application for internal review, but instead is a preliminary enquiry to
discuss issues that have been conditioned in the Unitywater Decision Notice and/or Infrastructure
Charges Notice. The Unitywater officer and Development Services may consider changes to the
Decision Notice and/or Infrastructure Charges Notice without the need of an Internal Review. This
preliminary enquiry and consultation does not have an effect on the 30 business days of the ‘decision
period’ and if the issue cannot be resolved within this time, the only recourse of Internal Review is as
explained in the process above.
Advisory Notes
The following notes are included for guidance and information only and do not form part of the
conditions of this approval.
Development Approval
This approval does not authorise development other than the connection approval. It is the applicant’s
responsibility to obtain any necessary development approvals for development related to this
connection approval.
Infrastructure Charges
This approval may trigger an Infrastructure Charges Notice to be issued in accordance with Unitywater’s
Infrastructure Charges Schedule adopted under the South-East Queensland Water (Distribution and
Retail Restructuring) Act 2009. If a charge is applicable, a separate Infrastructure Charges Notice will be
given.
Page 8 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 9
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals
pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out
an activity must take all reasonable and practicable measures to ensure the activity does not harm
Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be
issued by the Land Court, and the Minister administering the Act can also issue stop orders for an
activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of
Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 32476212 to discuss any obligations under the
ACH Act.
Yours sincerely
Jarrod Murphy
Principal Development Engineer
Development Services
Page 9 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 10
INFORMATION SHEET – REVIEWS AND APPEAL PROCESS
Division 1 Preliminary
99BRAW Meaning of interested person and original decision
(1) An interested person for this part is an applicant under this chapter who—
(a) has been given a decision notice; or
(b) if the period during which the application was required to be decided under the
relevant connections policy has expired—has not been given a decision notice; or
(c) has had 1 or more of the following charges levied for a connection, other than for a
standard connection—
(i) a connection charge;
(ii) a property service works charge;
(iii) a charge under an infrastructure charges notice; or
(d) has been given a notice under section 99BRDG about a conversion application, or
there is a deemed refusal for the application.
(2) Each of the following is an original decision—
(a) the decision or action for which a decision notice was given (an approval decision);
(b) if the period during which an application was required to be decided under the
connections policy has expired—the failure to give a decision notice for the application (a
failure to decide);
(c) the decision to levy a charge for a connection mentioned in subsection (1)(c)(i) or (ii) (a
charge decision);
(d) the decision to give an infrastructure charges notice;
(e) the refusal or deemed refusal of a conversion application (a conversion decision).
(3) However, for an original decision under subsection (2)(a), an interested person cannot
appeal a water approval condition that became a condition under section 99BRAM.
99BRAX Other definitions for pt 4 In this part—
charge decision see section 99BRAW(2)(c).
conversion decision see section 99BRAW(2)(e).
deemed refusal, for a conversion application, means a refusal of the application that is
taken to have happened if a decision is not made within the required period for the
application.
required period, for a conversion application, see section 99BRDF(6).
standard appeal period, for an appeal under division 3 or 4, means—
(a) if the notice for the review decision is given to the interested person—within 20
business days after the notice was given; and
(b) otherwise—within 20 business days after the review decision is taken to have been
made under section 99BRBC(4).
Division 2 Internal reviews
99BRAY Appeal process starts with internal review
An appeal of an original decision, other than an appeal against a compliance notice, must
be, in the first instance, by way of an application for internal review.
99BRAZ Who may apply for review
(1) An interested person for an original decision may apply for an internal review of the
decision (an internal review application).
(2) An internal review application may be made only to the chief executive officer of the
relevant distributor-retailer (the reviewer).
Page 10 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 11
99BRBA Requirements for making internal review application
An internal review application must be—
(a) accompanied by a statement of the grounds on which the applicant seeks the review of
the decision; and
(b) supported by enough information to enable the reviewer to decide the application; and
(c) made within 30 business days after the day—
(i) for a failure to decide or a deemed refusal of a conversion application—the relevant
decision was required to be made; or
(ii) otherwise—the original decision is made.
99BRBB Review decision
(1) The reviewer must, within the review decision period—
(a) review the original decision the subject of the application; and
(b) make a decision (the review decision) to—
(i) confirm the original decision; or
(ii) amend the original decision; or
(iii) substitute another decision for the original decision.
(2) The application must not be dealt with by—
(a) the person who made the original decision; or
(b) a person in a less senior office than the person who made the original decision.
(3) Subsection (2)—
(a) applies despite the Acts Interpretation Act 1954, section 27A; and
(b) does not apply to an original decision made by the chief executive officer.
(4) If the review decision confirms the original decision, for the purpose of an appeal, the
original decision is taken to be the review decision.
(5) If the review decision amends the original decision, for the purpose of an appeal, the
original decision as amended is taken to be the review decision.
(6) In this section— review decision period means—
(a) 15 business days after receiving an internal review application; or
(b) another period agreed to between the distributor-retailer and the applicant.
99BRBC Notice of review decision
(1) The reviewer must, within 5 business days after the review decision period ends, give
the applicant notice of the review decision (a review notice).
(2) The review notice must state the reasons for the review decision.
(3) If the review decision is not the decision sought by the applicant, the notice must also
state the applicant may, within 20 business days after the review notice is given—
(a) appeal against the decision to a building and development committee; or
(b) appeal against the decision to the Planning and Environment Court.
(4) If the reviewer does not comply with subsection (1), the reviewer is taken to have
made a decision confirming the original decision.
99BRBD Internal review stops particular actions
(1) If an internal review is started under this division, any work under a water approval
must not be started until the review is decided or withdrawn.
Page 11 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 12
(2) Despite subsection (1), if the reviewer is satisfied the outcome of the review would not
be affected if the work is started before the review is decided, the reviewer may allow the
work to start before the review is decided.
Division 3 Appeals to a building and development committee
99BRBE Appeals about applications for connections—general
(1) This section applies to an applicant for a connection if—
(a) for the application for a connection, the land to which the connection relates is subject
to a development application mentioned in the Planning Act, section 519 or 522; and
(b) the applicant applied for internal review of an approval decision or failure to decide;
and
(c) the review decision is not the decision sought by the applicant.
(2) The applicant may appeal to a building and development committee against any of the
following—
(a) a refusal, or an approval in part, of an application;
(b) a water approval condition;
(c) another matter stated in the approval.
(3) The appeal must be started within the standard appeal period.
99BRBF Appeals about applications for connections—particular charges
(1) This section applies to an applicant for a connection if—
(a) the applicant applied for internal review of a charge decision or a decision to give an
infrastructure charges notice; and
(b) the review decision is not the decision sought by the applicant.
(2) The applicant may appeal to a building and development committee about the review
decision.
(3) The appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to the application of the relevant charge;
(b) if the decision is the giving of an infrastructure charges notice—
(i) the decision involved an error relating to—
(A) the working out, for section 99BRCJ, of additional demand; or
(B) an offset or refund; or
(ii) there was no decision about an offset or refund; or
(iii) if the infrastructure charges notice states a refund will be given—the timing for giving
the refund.
(4) To remove any doubt, it is declared that the appeal must not be about—
(a) the relevant charge itself; or
(b) for a decision about an offset or refund for an infrastructure charges notice—
(i) the establishment cost of infrastructure identified in the distributor-retailer’s water
netserv plan; or
(ii) the cost of infrastructure decided using the method included in the distributor-retailer’s
infrastructure charges schedule.
(5) The appeal must be started within the standard appeal period.
99BRBFA Appeals against refusal of conversion application
(1) This section applies to an applicant for a conversion application if—
(a) the applicant applied for internal review of the conversion decision; and
(b) the review decision is not the decision sought by the applicant.
Page 12 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 13
(2) The applicant may appeal to a building and development committee against the review
decision.
(3) The appeal must be started within the standard appeal period.
99BRBG Application of relevant committee appeal provisions
(1) The relevant committee appeal provisions apply, with any necessary changes, to an
appeal under this division as if a reference in the provisions to—
(a) an assessment manager were a reference to the distributor-retailer; and
(b) a development application were a reference to the application for the water approval;
and
(c) a development approval were a reference to a water approval; and
(d) an appeal under the Planning Act were an appeal under this Act; and
(e) an infrastructure charges notice under the Planning Act were an infrastructure charges
notice under this Act; and
(f) the period required under the Planning Act for lodging a document to start proceedings
were a reference to the period required under this Act for lodging a document to start
proceedings.
(2) In this section— relevant committee appeal provisions means—
(a) the Planning Act, sections 536 to 537, 554 to 563, 564 (other than section 564(2)(d)
and (e), 567, 569 and 569A; and
(b) any definitions under that Act relevant to the sections mentioned in paragraph (a).
99BRBH Notice of appeal
(1) This section applies to an appeal under this division.
(2) The registrar of building and development committees must, within 10 business days
after the day the appeal is started, give written notice of an appeal under this division to
the distributor-retailer.
(3) The notice must state the grounds of the appeal.
99BRBI Respondent for appeals
(1) This section applies to an appeal under this division.
(2) The distributor-retailer is the respondent for the appeal and may be heard in the
appeal as a party to the appeal.
99BRBJ Who must prove case for appeals
In an appeal by the applicant under this division, it is for the applicant to establish that the
appeal should be upheld.
99BRBK Registrar must ask distributor-retailer for material in particular
proceedings
(1) This section applies to an appeal under—
(a) section 99BRBE if the applicant applied for internal review of a failure to decide; or
(b) section 99BRBFA if the applicant applied for internal review of a deemed refusal of a
conversion application.
(2) The registrar of building and development committees must ask the distributor-retailer
to give the registrar—
(a) all material, including plans and specifications, relevant to the application; and
(b) a statement of the reasons the distributor-retailer had not decided the application
during the period for deciding the application; and
(c) any other information the registrar requires.
Page 13 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 14
(3) The distributor-retailer must give the material mentioned in subsection (2) within 10
business days after the day the registrar asks for the material.
99BRBL Lodging appeal stops particular actions
(1) If an appeal is started under this division, any work under a water approval must not be
started until the appeal is decided or withdrawn.
(2) Despite subsection (1), if the building and development committee is satisfied the
outcome of the appeal would not be affected if the work is started before the appeal is
decided, the committee may allow the work to start before the appeal is decided.
99BRBM Appeals may be combined with appeals under the Planning Act
(1) This section applies if—
(a) an appeal is started under this division; and
(b) an appeal is started under the Planning Act for a development application mentioned
in section 99BRBE.
(2) The appeal under this division may be combined and heard with the appeal under the
Planning Act.
Division 4 Appeals to the Planning and Environment Court
99BRBN Appeals about applications for connections—general
(1) This section applies to an applicant for a connection if—
(a) the applicant applied for internal review of an approval decision or failure to decide;
and
(b) the review decision is not the decision sought by the applicant.
(2) The applicant may appeal against the review decision to the Planning and
Environment Court.
(3) The appeal must be started within the standard appeal period.
99BRBO Appeals about applications for connections—particular charges
(1) This section applies to an applicant for a connection if—
(a) the applicant applied for internal review of a charge decision or a decision to give an
infrastructure charges notice; and
(b) the review decision is not the decision sought by the applicant.
(2) The applicant may appeal against the review decision to the Planning and
Environment Court.
(3) An appeal under this section may be made only on 1 or more of the following
grounds—
(a) the charge imposed by the distributor-retailer is so unreasonable that no reasonable
distributor-retailer could have imposed it;
(b) the decision involved an error relating to the application of the relevant charge;
(c) if the decision is the giving of an infrastructure charges notice—
(i) the decision involved an error relating to—
(A) the working out, for section 99BRCJ, of additional demand; or
(B) an offset or refund; or
(ii) there was no decision about an offset or refund; or
(iii) if the infrastructure charges notice states a refund will be given—the timing for giving
the refund.
Page 14 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 15
(4) To remove any doubt, it is declared that the appeal must not be about—
(a) the relevant charge itself; or
(b) for a decision about an offset or refund for an infrastructure charges notice—
(i) the establishment cost of infrastructure identified in the distributor-retailer’s water
netserv plan; or
(ii) the cost of infrastructure decided using the method included in the distributor-retailer’s
infrastructure charges schedule.
(5) The appeal must be started within the standard appeal period.
99BRBOA Appeals against refusal of conversion application
(1) This section applies to an applicant for a conversion application if—
(a) the applicant applied for internal review of the conversion decision; and
(b) the review decision is not the decision sought by the applicant.
(2) The applicant may appeal to the Planning and Environment Court against the review
decision.
(3) The appeal must be started within the standard appeal period.
99BRBP Appeals about water connection compliance notices
(1) This section applies if a person is given a compliance notice.
(2) The person may appeal against the decision to the Planning and Environment Court.
(3) The appeal must be started within 20 business days after the water connection
compliance notice is given to the person.
99BRBQ Application of relevant court provisions
(1) The relevant court appeal provisions apply, with any necessary changes, to an appeal
under this division as if a reference in the provisions to—
(a) an appellant were a reference to the applicant; and
(b) a respondent were a reference to the distributor-retailer; and
(c) a development application were a reference to the application for the water approval;
and
(d) a development approval were a reference to the water approval; and
(e) an appeal under the Planning Act were an appeal under this Act; and
(f) an enforcement notice were a water connection compliance notice.
(2) In this section— relevant court appeal provisions means—
(a) the Planning Act, chapter 7, part 1, divisions 11 to 13 other than sections 482 to 490,
493 and 495 (3) to (5); and
(b) any definitions under that Act relevant to the provisions mentioned in paragraph (a).
99BRBR Notice of appeal to other parties
(1) The applicant must give notice of the appeal to the distributor-retailer.
(2) The notice must be given within 10 business days after the appeal is started.
(3) The notice must state the grounds of the appeal.
99BRBS Stay of operation of water connection compliance notice
(1) If the applicant gives a notice of appeal about a water connection compliance notice,
the operation of the compliance notice is stayed until the earliest of the following to
happen—
(a) the Planning and Environment Court, on the application of the distributor-retailer,
decides otherwise;
(b) the appeal is withdrawn;
Page 15 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018
Page 16
(c) the appeal is dismissed.
(2) However, subsection (1) does not apply if the compliance notice is about—
(a) a work, if the water connection compliance notice states the entity believes the work is
a danger to persons or a risk to public health; or
(b) stopping the demolition of a work; or
(c) clearing vegetation on freehold land; or
(d) the removal of quarry material allocated under the Water Act 2000; or
(e) extracting clay, gravel, rock, sand or soil, not mentioned in paragraph (d), from
Queensland waters; or
(f) works the assessing authority reasonably believes is causing erosion or sedimentation;
or
(g) works the assessing authority reasonably believes is causing an environmental
nuisance; or
(h) action required to stop damage or further damage to the distributor-retailer’s water
infrastructure.
99BRBT Respondent for appeals
The distributor-retailer is the respondent for the appeal and may be heard in the appeal as
a party to the appeal.
99BRBU Who must prove case for appeals
In an appeal by the applicant under this division, it is for the applicant to establish that the
appeal should be upheld.
99BRBV Lodging appeal stops particular actions
(1) If an appeal, other than an appeal under section 99BRBP, is started under this
division, any work under a water approval must not be started until the appeal is decided
or withdrawn.
(2) Despite subsection (1), if the Planning and Environment Court is satisfied the outcome
of the appeal would not be affected if the work is started before the appeal is decided, the
court may allow the work to start before the appeal is decided.
99BRBW Appeals may be combined with appeals under the Planning Act
(1) This section applies if—
(a) an appeal is started under this division; and
(b) an appeal is started under the Planning Act for a development application which
relates to land the subject of the application of a water approval.
(2) The appeal under this division may be combined and heard with the appeal under the
Planning Act.
FOR MORE INFORMATION OR THE LATEST VERSION PLEASE REFER TO:
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SouthEQWDisA09.pdf
Page 16 of 16
Unitywater is a statutory authority that provides water and sewerage services for the Unitywater has certification to
OH&S ISO 4801:2001 Reg No 4260
Moreton Bay, Sunshine Coast and Noosa Council areas. Environmental ISO 14001:2004 Reg No 4259
Quality Systems ISO 9001:2008 Reg No 4258
Revision No: 2 Effective Date: 19/02/2015 Next Review Date:19/02/2018