Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill 2012 Report No. 8 State Development, Infrastructure and Industry Committee October 2012 State Development, Infrastructure and Industry Committee Chair Mr Ted Malone MP, Chair, Member for Mirani Deputy Chair Mr Tim Mulherin MP, Deputy Chair, Member for Mackay Members Mr Scott Driscoll MP, Member for Redcliffe Mr Michael Hart MP, Member for Burleigh Mr Seath Holswich MP, Member for Pine Rivers Mr Rob Katter MP, Member for Mount Isa Ms Kerry Millard MP, Member for Sandgate Mr Bruce Young MP, Member for Keppel Staff Dr Kathy Munro, Research Director Ms Erin Pasley, Acting Research Director (14 September - 12 October) Ms Mary Westcott, Principal Research Officer Ms Linh Luong, Principal Research Officer Ms Rhia Campillo, Executive Assistant Technical Scrutiny of Ms Renée Easten, Research Director Legislation Secretariat Ms Marissa Ker, Principal Research Officer Ms Tamara Vitale, Executive Assistant Contact details State Development, Infrastructure and Industry Committee Parliament House George Street Brisbane Qld 4000 Telephone +61 7 3406 7230 Fax +61 7 3406 7500 Email [email protected] Web www.parliament.qld.gov.au/sdiic Acknowledgements The committee thanks those who briefed the committee, made submissions, gave evidence and participated in its inquiry. In particular, the committee acknowledges the assistance provided by the Department of Energy and Water Supply. Contents Abbreviations iv Recommendations vi 1. Introduction 1 1.1 Role of the committee 1 1.2 The referral 1 1.3 The committee’s inquiry process 1 1.4 Policy objectives of the Bill 2 2. Examination of the Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill 2012 3 2.1 Should the Bill be passed? 3 2.2 Government consultation on the Bill 3 2.3 Policy proposals relating to recommendations of the Queensland Flood Commission of Inquiry 3 2.4 Policy proposals relating to reducing regulatory burden on the water industry 11 2.5 Policy proposals relating to the Queensland Solar Bonus Scheme 13 3. Fundamental legislative principles 15 3.1 Rights and liberties of individuals 15 3.2 Administrative power - Section 4(3)(a) Legislative Standards Act 1992 15 3.3 Sufficient regard to the institution of Parliament 16 3.4 Explanatory notes 17 Appendix A – List of submissions received 18 Appendix B – Witnesses at public hearing on 11 October 2012 19 Appendix C – Summary of clauses 20 State Development, Infrastructure and Industry Committee iii Abbreviations Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill 2012 Abbreviations POQA Parliament of Queensland Act 2001 LSA Legislative Standards Act 1992 The Bill Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill The Commission Queensland Floods Commission of Inquiry The committee State Development, Infrastructure and Industry Committee The Department The Department for Energy and Water Supply The Scheme Queensland Solar Bonus Scheme Water Act Water Act 2000 Water Supply Act Water Supply (Safety and Reliability) Act 2008 iv State Development, Infrastructure and Industry Committee Water Legislation (Dam Safety and Water Supply Enhancement) Foreword and Other Legislation Amendment Bill 2012 Chair’s foreword This report presents a summary of the committee’s examination of the Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill. The committee’s task was to consider the policy outcomes to be achieved by the legislation, as well as the application of fundamental legislative principles – that is, whether it has sufficient regard to rights and liberties of individuals and to the institution of Parliament. On behalf of the committee, I thank officers from the Department of Energy and Water Supply who briefed the committee, the committee’s secretariat and the Technical Scrutiny of Legislation Secretariat. I commend the report to the House. Ted Malone MP Chair October 2012 State Development, Infrastructure and Industry Committee v Recommendations Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill 2012 Recommendations Recommendation 1 3 The committee recommends that the Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill 2012 be passed. Recommendation 2 5 The committee asks that the Bill clarifies how it will provide for a situation where notice has been given to a dam owner under section 371H(1) to prepare a new flood mitigation manual within 30 business days and a flood event occurs prior to the approval of the new manual. Recommendation 3 7 The committee recommends that the Minister consult with Seqwater during the development of the Guidelines on Emergency Action Plans so that the Guidelines can clearly outline the responsibilities in relation to the notification of ‘relevant entities’ in an emergency. Recommendation 4 10 The committee recommends the Minister consider amending sections 352V and 385 to confine the content requirements for interim emergency event reports and interim flood event reports and to provide flexibility in the information required. Recommendation 5 10 The committee recommends that the legislation provide flexibility in the timeframes for providing an interim report (for an emergency event or flood event) in light of the practical difficulties which may arise in some circumstances. vi State Development, Infrastructure and Industry Committee Water Legislation (Dam Safety and Water Supply Enhancement) Introduction and Other Legislation Amendment Bill 2012 1. Introduction 1.1 Role of the committee The State Development, Infrastructure and Industry Committee (the committee) was established by resolution of the Legislative Assembly on 18 May 2012 and consists of government and non- government members. The committee’s primary areas of responsibility are1: • State Development, Infrastructure and Planning • Energy and Water Supply • Tourism • Major Events • Small Business • Commonwealth Games. Section 93(1) of the Parliament of Queensland Act 2001 (POQA) provides that a portfolio committee is responsible for considering: • the policy to be given effect by the Bill, and • the application of the fundamental legislative principles to the Bill. Standing Order 132(1) provides that the committee is to recommend whether the Bill be passed. 1.2 The referral On 12 September 2012, the Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill 2012 (the Bill) was referred to the committee for examination and report. The Committee of the Legislative Assembly varied the reporting date on the Bill in accordance with Standing Order 136(1). The committee is to report to the Legislative Assembly by 22 October 2012. 1.3 The committee’s inquiry process On 18 September 2012, the committee called for written submissions on the Bill to be provided by 3 October 2012. The committee received three submissions (See Appendix A). The committee received a written briefing from the Department of Energy and Water Supply (the Department) on 28 September 2012 and was briefed by officers of the Department at a public briefing on 5 October 2012. The committee received oral evidence at a public hearing held at Parliament House on 11 October 2012 (See Appendix B). The written submissions and transcripts of the departmental briefing and public hearing are published on the committee’s webpage at www.parliament.qld.gov.au/work-of- committees/committees/SDIIChttp://www.parliament.qld.gov.au/committees. 1 Schedule 6 of the Standing Rules and Orders of the Legislative Assembly of Queensland as at 22 August 2012. State Development, Infrastructure and Industry Committee 1 Introduction Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill 2012 1.4 Policy objectives of the Bill The primary objectives of the Bill are to: 2 • amend the Water Supply (Safety and Reliability) Act 2008 (Water Supply Act) to implement recommendations in the Queensland Floods Commission of Inquiry report delivered in March 2012 in relation to dam safety and flood mitigation; • relocate provisions in the Water Act 2000 (Water Act) for declaring temporary full supply levels for flood mitigation dams to the Water Supply (Safety and Reliability) Act 2008 so as to align the responsibility for decisions about dam safety and flood mitigation under the one Act; • reduce the regulatory burden on the water industry; and • amend the Electricity Act 1994 to align the operation of the Solar Bonus Scheme with Government policy to reduce the feed-in tariff for new small customers after 9 July 2012 and clarify the conditions for the feed-in tariff entitlement. A summary of the clauses of the Bill are contained in Appendix C. The committee will examine each key policy proposal in the sections below. 2 Minister McArdle, Introductory Speech, Record of Proceedings, 12 September 2012, pp. 1843-1844; and Explanatory Notes, pp. 1-7. 2 State Development, Infrastructure and Industry Committee Water Legislation (Dam Safety and Water Supply Enhancement) Examination of the Bill and Other Legislation Amendment Bill 2012 2. Examination of the Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Bill 2012 2.1 Should the Bill be passed? Standing Order 132(1) requires the committee to recommend whether the Bill should be passed. After examining