Utility Model Implementation Project
Information Bulletin
February 2014
Welcome
Welcome to the second of Unitywater’s Utility Model Information Bulletin.
The purpose of this Bulletin is to provide information and progress about implementing the Utility
model.
Caveat
Information in this Bulletin is provided to generate discussion on the fundamentals of the Utility
Model only. It is not Unitywater policy or legal position.
It is not to be taken as legal advice.
Legislation Background
The December 2013 Unitywater Information Bulletin provided a historical perspective to the utility
model.
Since the issue of the December 2013 Bulletin, the Water Supply Services Legislation Amendment
(WSSLA) Bill 2014 has been tabled in State Parliament. The Bill has been referred to the State
Development, Infrastructure and Industry Committee which:
-
must provide its report to Parliament by 25 March 2014
will be holding a public briefing by the Department of Energy and Water Supply on
Wednesday 5 March 2014 in Brisbane at the Parliamentary Annexe
subject to submissions received, may hold a public hearing in Brisbane on Monday, 17
March 2014.
The State Government proposed amendments to the infrastructure charges framework will change
the infrastructure charging under a water approval sections of the Bill.
The objective of the Bill relating to the Utility Model is to provide a streamlined process for water
and sewerage connection approvals (utility model) for South East Queensland (SEQ) distributorretailers
At the core of this Bill is the new water and sewerage approval process or water approval process
for connecting to, altering The Bill outlines key elements and functions of the process to obtain
approval.
This document may not, in whole or part, be copied, photocopied, reproduced or translated
without prior consent from the CEO, Unitywater.
The information contained in this Bulletin is provided to generate discussion on the
fundamentals of the Utility Model only. It is not Unitywater or the State governments policy
or legal position.
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Proposed key elements or functions
The key fundamentals are outlined in the diagram below.
Key fundamentals
Key Future Fundamentals
Relationship with State, regional and
council strategic planning and
planning instruments
Standards in Planning Scheme
(polices and codes)
Water Netserv Plan
• Planning Assumptions, Connection and Future
Connection Areas, Capital Works Program,
Infrastructure Charges
Connections Policy (Rule Book)
SEQ Design & Construction Code
Pre-lodgement Meetings
Service Advice Notice
Development Applications (MCU/ ROL)
Water/Sewerage Approval
Operational Works & construction
Staged Application/certification &
construction
Transitional Arrangements
Approved applications, ‘in the system’,
current and future appeals
Building over/adjacent to infrastructure
Documents
DR Act as amended
Sustainable Planning Act 2009
Key Current Fundamentals
Process
Concurrence Agency Role
Building Act and QDC
1.
Relationship with State, regional and local planning
State government and Councils will continue to be responsible for strategic land use and
infrastructure planning (except water and sewerage) through their planning instruments.
Unitywater will continue to provide water and sewerage advice to the State government and
councils on land use planning, infrastructure planning and infrastructure charging.
Unitywater will continue to support strategic planning by ensuring water and sewerage services are
available to support growth through its future network planning.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Information Bulletin
February 2014
Strategic Planning Relationship
Figure 1
SEQ Regional Plan
State/
Council
Council Planning
Schemes
EDQ Development
Scheme
Planning
Assumptions
Unitywater
Planning
Assumptions
Water Netserv
Plan
Connections
Policy
Priority Infrastructure
Plans
Regional Total Water
Cycle Management Plan
(TWCMP)
Priority
Infrastructure
Areas
TWCMP
requirements
Connection
and Future
Connections
Areas
Master
Planning
Infrastructure
Charging
Capital Works
Program
Studies
Supporting Documentation
The approval process will be undertaken with the support of legislation and two statutory
documents:
o
Water Netserv Plan (includes Interim Connections Policy); and
o
South East Queensland Design and Construction Code (SEQ D&C Code)
The documents will replace a number of Council documents relevant to the planning, design and
construction of water and sewerage infrastructure including Planning Schemes, Planning Scheme
Policies and Guidelines, Priority Infrastructure Plans and Infrastructure Charge Schedules, and
individual design and construction standards.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Utility
lity Model Implementation Project
Information Bulletin
February 2014
These instruments will be supported by a Connections Administrative Manual.
Documentation
What is a Water Netserv Plan?
A Water NetServ Plan (WNP) is a comprehensive business management, asset management and
network planning document of a distributor-retailer.
distributor
There is a statutory process for bringing into
effect and amending the WNP.
The WNP must be in effect by 1 October 2014.
It must align planning for water and wastewater networks and land use planning by State and local
governments, as expressed in the South-East
South
Queensland Regional Plan and council planning
schemes/priority infrastructure plans.
A Water NetServ Plan has two parts, Part A and Part B.
B
Part A is the public face of the Netserv Plan and is adopted following a public consultation and
endorsement process.. It provides information to customers about Unitywater’s infrastructure
planning intentions and its rules (i.e. the Connections Policy) for connecting to Unitywater’s
networks.
Part B is for internal Unitywater use and provides operationally focused inf
information about
corporate services, customer service, asset management and the like.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model
Mode only. It is not Unitywater or the State governments
policy or legal position.
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Information Bulletin
February 2014
What is a Connections Policy? (s.99BOA to s. WSSLA Bill 2014)
A Connections Policy outlines the categories of connections and the criteria for making and
assessing applications. It is the rule book for:
•
•
prescribing the processes and conditions for making connection, disconnection and altering
Unitywater’s infrastructure, and
assessing a water/sewerage application.
It is the key document to guide developers about the supply of water and sewerage infrastructure
and services to new development.
Content of the ICP and CP includes:
Definitions and maps which describe the:
o
Connections Area (CA)
o
Future Connections Area (FCA)
Criteria and conditions for each type of connections within CA & FCA
Criteria for connections outside of the Connections Area and Future Connections Area
The way to apply for a connection.
Three connection types:
o
Standard Connections
o
Staged connections
o
Other connections
Time frames to decide connections applications
Conditions for when a water approval lapses
Requirements for construction maintenance and defects liability
•
•
•
•
•
•
•
•
The Connections Policy must be in effect with the Water Netserv Plan by 1 October 2014. New
section 137 of the WSSLA Bill provides that an SEQ service provider must adopt the connections
policy component of a WNP by 1 July 2014 as an interim connections policy.
The adoption of the Interim Connections Policy by the Unitywater Board and endorsement by the
participating councils for commencement on 1 July 2014 is a statutory requirement for which no
slippage is provided for in legislation and no default regime is provided.
2.
Approval process
Key legislation
definitions:
Meaning
Connection
Means a property service connection or network connection
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Network connection
Property
connection
service
(a) The connection of network infrastructure to a distributor –retailer’s
water infrastructure to supply a water service or wastewater
services; and
(b) The disconnection of network infrastructure from a distributor –
retailer’s water infrastructure to stop supply of a water services of
wastewater services; and
(c) The alternation of network infrastructure; and
(d) Works for the matters mentioned in paragraph (a), (b) or (c) to
extend or upgrade the DRs water infrastructure
(d) The connection of property service infrastructure to a distributor –
retailer’s water infrastructure to supply a water services to
wastewater services; and
(e) The disconnection of property services infrastructure from a
distributor –retailer’s water infrastructure to stop supply of a water
services of wastewater services; and
(f) The alteration of property service infrastructure that is part of a
distributor –retailer’s water infrastructure.
Service Advice Notice (SAN) (s.99BRAC WSSLA Bill 2014)
•
This is where a person may, at any time, request a notice about a connection from
Unitywater.
•
The notice may state advice about the proposed connection, the charges and conditions
that may apply to the connection and any other relevant information about the connection.
•
The Connections Policy must state the way the request is made and fees for the SAN.
•
If the applicant makes a water application the SAN does not bind Unitywater’s decision on
the water application.
Application and Decision process
There are to be 2 types of connections:
•
standard connections and
•
others.
Standard connections: (s. 99BRAU WSSLA Bill 2014)
•
A person may request a standard connection if the proposed connection is within the
connection area and complies with a distributor-retailer’s connection criteria identified in the
connections policy.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Information Bulletin
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•
If the person who requests the standard connection pays the fee and the owner has given
consent to the connection (if the person making the request is not the owner) and the
application meets the criteria stated above, then a distributor-retailer cannot refuse the
request.
•
Must be granted within 5 business days after receiving it or another period agreed to with
Unitywater.
o
o
o
o
•
Standard conditions (to be indentified in Unitywater’s Connections Policy) will apply
If the standard connection includes trunk infrastructure a charge is able to be levy
for the trunk infrastructure subject to chapter 4C, part 7 of the WSSLA Bill
Takes effect from when the person receives the notice.
Taken to be a water approval.
If the person who requests the standard connection pays the fee and the owner has given
consent to the connection (if the person making the request is not the owner) and the
application meets the criteria stated above, then a distributor-retailer cannot refuse the
request.
Other connection applications
The Connections Policy will also define ‘other connection applications’ and criteria.
Application: (s.99BRAF WSSLA Bill 2014)
•
Applicant makes an application in the way outlined in Unitywaters Connections Policy.
•
Owners consent is required - the land for the connection and the land for which access is
required for the connection.
•
Fees may be charged for an application. The fees must be stated in the Connections
Policy.
Assessment: (s.99BRAG WSSLA Bill 2014)
Assessment must be against the:
o decision criteria stated in Unitywaters Connections Policy
o the SEQ Design and Construction Code
o any other matter Unitywater considers to be relevant to the connection or supply of
water and sewerage services.
Decision:
•
Unitywater can approve all or part of an application.
•
Conditions can be applied to an approval subject to legislative requirements eg: they must
be relevant and reasonable and relate to matters listed in s. 99BRAJ WSSLA Bill 2014
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Note: Water and sewerage infrastructure charges will apply to most applications. The
WSSLA Bill applies the SPA rules, roles and responsibilities for current infrastructure
charges regime to a water approval. Details are available in the Explanatory notes – pages
41 to 50. Details on how this will work, the charge amount and when they can be paid whilst
in the Bill are proposed to be amended by future legislation.
•
Unitywater can refuse an application if it is not technically feasible or would unreasonable
interfere with the connection or supply of its water/sewerage services to their customers. (s.
99BRAH WSSLA Bill 2014)
•
Unitywater must give the applicant a decision notice – (s. 99BRAI WSSLA Bill 2014) within the
stated period in the Connections Policy. If a decision notice is not given within the stated
timeframe the application is taken to be refused.
•
Contents of a decision notice are outlined in s. 99BRAI WSSLA Bill 2014
•
A condition can be imposed that the holder of a water approval may enter into an
agreement with an entity, including a distributor-retailer, to establish the obligations, or
secure the performance, of a party to the agreement about a water approval condition for
the connection. (see s. 99BRAL WSSLA Bill 2014)
Note: Third party certification is not in Unitywater’s horizon at this stage.
•
A water approval attaches to the land until it lapses – binds the owner of the land, land
owner’s successors in title and any occupier of the land. It may be modified by a
subsequent water approval. (see s 99BRAQ WSSLA Bill 2014)
•
Unitywater may give a holder of a water approval a notice stating whether they have
complied with the conditions of the approval and paid the fees and charges under the
approval. (see s. 99BRAR WSSLA Bill 2014). Unitywater is referring to this Notice as a
certificate of completion.
•
A water approval has effect until it lapses under a condition of the approval. This will be
stated in the Connections Policy. (see s. 99BRAP WSSLA Bill 2014)
Amendment of a condition (s. 99BRAK WSSLA Bill 2014)
•
Applicant can ask, in a way stated in Unitywaters Connections Policy to amend an imposed
condition.
•
Unitywater must provide an amendment notice of the request to amend a condition.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Information Bulletin
February 2014
•
An amendment to the condition takes effect from when the amendment notice is given.
Despite the amendment to the condition of a water approval, the water approval continues
to have effect and a condition that is amended is a water approval condition.
Water Infrastructure Agreements (s. 99BRDA WSSLA Bill 2014)
•
The holder of a water approval may enter into Water Infrastructure Agreement with
Unitywater. The distributor-retailer may enter into an agreement varying conditions under
an adopted infrastructure charges notice or a negotiated adopted infrastructure charges
notice with the person who has been given the notice.
•
If obligations under the agreement would be affected by a change in the ownership of the
land the subject of the agreement, the agreement must include a statement about how the
obligations must be fulfilled if there is a change of ownership.
•
If there is a water infrastructure agreement and a water approval for the same connection,
all terms of the agreement are taken to be water approval conditions of the approval. (s. 99
BRAM WSSLA Bill 2014)
•
Water infrastructure agreements bind successors in title (s. 99BRDB WSSLA Bill 2014)
though if the agreement states that part of the land is to be released from the water
connection obligation if the land is subdivided, and the land is subdivided, then, the part of
the land is released from the obligations and the obligations are no longer biding on the
owner of the part of the land.
•
A Water infrastructure agreement prevails if it is inconsistent with a water approval, adopted
infrastructure charges notice or a negotiated adopted infrastructure charges notice.
(s.99BRDC WSSLA Bill 2014))
Review and Appeals
•
Appeal process starts with an internal review. (s. 99BRAW WSSLS Bill 2014)
Internal Review
•
An interested person may apply to the CEO of Unitywater for an internal review of the
decision which must be accompanied by
o
o
o
a statement of the grounds seeking the review of the decision
supporting information to enable the reviewer to decide the request and
be made within 30 business days after the day of the original decision is made.
(see s. 99BRAZ & 99BRBA WSSLA Bill 2014)
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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The application must not be dealt with by the person who made the original decision or a
person in a less senior office than the person who made the original decision.
The review period is 15 business days after receiving an internal review application or
another period agreed to between Unitywater and the applicant.
•
The reviewer must:
o
o
Review the original decision
Decide whether to confirm, amend or substitute another decision for the original
decision.
A review notice must be provided to the applicant of the internal review request within 5
business days after the review period. (see s.99BRBC WSSLA Bill 2014). If this is not
complied with, the reviewer is taken to have made a decision confirming the original
decision.
If an internal review has started, any work under the approval must not be started until the
review is decision or withdrawn. Despite this 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. (see s.99BRBD WSSLA Bill 2014)
Appeals
•
Can appeal to a building and development dispute resolution committee (s 99BRBE to
99BRBM WSSLA Bill 2014):
If the land to which the application relates is subject to a development application
mentioned in section 519 or 522 of the Sustainable Planning Act 2009
the applicant applied for an internal review of an approval decision or the failure to
decide the review decision is not the decision sought by the applicant
or on the following aspects of a decision in relation to the connection application:
o a refusal, or an approval in part, of an application
o a water approval condition
o another matter stated in the approval
All appeals are to be within the standard appeal period – 20 business days
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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February 2014
•
The registrar of the committee must within 10 business days after the appeal is started
give written notice to Unitywater and provide the grounds of appeal
If an appeal has commenced, any work under the approval must not be started until the
appeal is decided or withdrawn. However the Committee may allow the work to start
before the appeal is commenced if it is satisfied the outcome of the appeal would be
not affected if the work was to commence
Can be combined with appeals under the Sustainable Planning Act 2009.
Can appeal to the Planning and Environment Court against: (see s.99BRBN to 99BRBW
WSSLA Bill 2014):
o
o
o
o
internal review decision
failure to decide an internal review
error in the calculation of the charge
Compliance Notice
within the standard appeal period – 20 business days
Application of relevant court provisions apply
The applicant must within 10 business days after the appeal is started give written
notice to Unitywater and provide the grounds of appeal
If an appeal has started, any work under the approval must not be started until the
appeal is decided or withdrawn. However the Court may allow the work to commence
before the appeal is started if it is satisfied the outcome of the appeal would be not
affected if the work was to commence
Can be combined with appeals under the Sustainable Planning Act 2009.
Offenses
•
It is an offence to connect to Unitywater water and/or sewerage infrastructure without a
water approval (see s. 99BRBX WSSLA Bill 2014)
•
Unitywater may start a proceeding in a District Court seeking a remedy or restrain the
commission of a water connection offence(s. 99BRCA WSSLA Bill 2014)
•
A person may start a District Court proceeding for an order that some else who has
committed a water connection offence seeking payment of damages to compensate them
for injury or loss of damage to that person/property.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Transitional Arrangements (see s. 132 to 134 WSSL Bill 2014)
•
Existing DAs and Compliance assessment
• continues to be assessed/determined by the relevant council under the delegations
issued by Unitywater
• If a DA has been approved but not an OPW application then the operational works for
water and sewerage must be lodged as a connection application with Unitywater.
•
Unitywater been meeting on a regular basis with the three councils to developing and
finalising transitional arrangements by March 2014. It is anticipated that a Service Level
Agreement will also be required.
Miscellaneous matters
•
An assessment manager or concurrence agency who is also a participating local
government of Unitywater cannot impose a condition in relation to the Unitywaters water
infrastructure about a matter that requires a water approval under the SEQ Water Act.
However, a condition may be imposed that any necessary water approval under the SEQ
Water Act must be obtained from a distributor-retailer.
•
Amendment of Sustainable Planning Regulation 2009:
Clause 34 amends schedule 4, table 5 to include all aspects of development for a
connection under the SEQ Water Act, chapter 4C or any work for the purpose of the
connection.
Schedule 4 states development that cannot be declared to be development of a particular
type—Act, section 232(2). Table 5 relates to all aspects of development – works and
connections.
•
If before the 1 July 2014 an owner of a premises had asked Unitywater to connect their
property to their infrastructure, that request/application will continue to be determined under
the former chapter 2 part 5 of the Water Supply Act.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Information Bulletin
February 2014
Questions
What will the water and sewerage approval process mean for developers?
•
Prior to 1 July 2014
Prior to 1 July 2014, there will be no change.
Development Applications with water and sewerage components will be assessed and
managed by council in the same way as before. Applications will be lodged with council
and decided by council with input from Unitywater.
•
What happens after 1 July 2014?
On 1 July 2014, Unitywater will be responsible for the approval of the connection to,
modification of and/or alteration of water and sewerage infrastructure.
This means that Unitywater’s approval is required prior to a connection, disconnection or
alteration of water and/or sewerage infrastructure.
What will happen with water and sewerage infrastructure charges after 1 July 2014?
The State Government will determine how future water and sewerage infrastructure charges are
set after 1 July 2014.
How will the new water and sewerage approval work with the development assessment
process?
The water application can be lodged before, during or after a development application is lodged
with council. The applicant will determine the appropriate time to make applications and undertake
infrastructure construction approved under both processes.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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Information Bulletin
February 2014
APPLICANT
Pre-lodgement
Development
Application/approval
Touch points
agreed
between
Councils and
Unitywater
Service Advice Notice
Water/Sewerage
Application
Operational Works
application/approval
Staged application or
certification
Construction
Construction
Survey Plan
released
Certificate of
completion
issued
Defects Liability
Asset
Handover
Defects liability
How will I be informed of any further changes?
We will be organising workshops and training sessions on a monthly basis. If it is agreed that more
workshops are required these can be organised.
If you have any questions email [email protected].
This Bulletin will be issued as part of each workshop and/or as details become available.
This document may not, in whole or part, be copied, photocopied, reproduced or translated without prior
consent from the CEO, Unitywater. The information contained in this Bulletin is provided to generate
discussion on the fundamentals of the Utility Model only. It is not Unitywater or the State governments
policy or legal position.
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