What the Webbe-Weller review means for Category 2 water authorities
The Queensland Government has approved the transfer of the functions of Category 2 water authorities (water authorities) to the most appropriate institutional arrangement as negotiated between the water authorities and state and local government.
Each affected water authority (and, where relevant, local government), in consultation with the Department of Environment and Resource Management (the department), may agree that the functions will transfer to local government or to non-government institutional structures such as a cooperative, company or an incorporated association.
The target date for implementing the new institutional arrangements is 30 June 2013, with a decision on each water authority's new institutional arranagement to be determined by 30 June 2011.
Implementation and consultation process
The department will work with water authorities and affected local governments to establish future institutional arrangements so transfers can be progressed smoothly by mid-2013.
To support the transition, the department will work collaboratively with the Local Government Association of Queensland, the Queensland Farmers' Federation and CANEGROWERS.
The department has facilitated amendments to the Water Act 2000 to assist with the transfer of water authorities to new entities. These amendments were passed by Parliament and commenced on 23 May 2010.
The amendments are contained within the South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2010 (SEQWOLA Act). They provide for the following:
- An exemption from the need to publish a notice about a dissolution of a water authority. This exemption applies when the Chief Executive is satisfied that the ratepayers have already been informed, the dissolution is because of action by the State in response to the Webbe-Weller review and publication of the notice is not in the public interest.
- An exemption from paying a State tax for anything done in relation to a dissolution of a water authority. This exemption applies when the minister is satisfied that the dissolution is because of action by the State in response to the Webbe-Weller review.
- 'State tax' means a duty under the Duties Act 2001 and a fee or charge under the Land Act 1994, Land Title Act 1994 or the Water Act 2000.
The SEQWOLA Act (PDF)* is available on the Office of the Queensland Parliamentary Counsel website.
Financial assistance
The Queensland Government has approved a package of measures to assist in meeting costs for water authorities to transfer their functions to other institutional arrangements.
The package includes:
- providing relief from all transfer duties relating to the transfer of water authorities' assets under the new arrangements
- a commitment not to seek any repayment of the State's investment in water authorities' assets when they are transferred to new institutional arrangements
- funding for due diligence assessments for functions transferred to local government
- direct funding towards other costs of implementing the new arrangements.
Further information
Detailed information on options for the transfer of water authority functions is available in the following fact sheets:
- Category 2 Water Authorities—Options for the Transfer of Functions (PDF, 92K)*
- Category 2 Water Authorities—Scheme Operated by Local Government (PDF, 84K)*
- Category 2 Water Authorities—Scheme Operated by an Incorporated Association (PDF, 87K)*
- Category 2 Water Authorities—Scheme Operated by a Cooperative (PDF, 87K)*
- Category 2 Water Authorities—Scheme Operated by a Company (PDF, 87K)*.
For further information on water authorities and the Webbe-Weller reforms, contact the Manager, Water Authority Governance and Transition on (07) 3330 5881.
Additional information is available on the following websites:
- The Queensland Department of the Premier and Cabinet has information on the Webbe-Weller review and the government's response.
- More information on the Local Government Act 1993, the Water Supply (Safety and Reliability) Act 2008 and the Water Act 2000 can be found on the Queensland legislation website.
- The Local Government Association of Queensland has information on local governments.
- The Office of Fair Trading has information about cooperatives and incorporated associations and associated business rights and obligations.
- The Australian Securities and Investment Commission has information on companies.
More information about funding will be provided to each water authority and local government when available.
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Last updated 25 February 2011