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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
WATER AND SEWERAGE CORPORATION BILL
2012
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Purposes of Act
4. Interpretation
PART 2 - CORPORATION
Division 1 - Establishment and principal objectives of Corporation
5. Formation of Corporation
6. Principal objectives of Corporation
7. Status of Corporation
8. Application of Corporations Act
Division 2 - Share capital and ownership of Corporation
9. Share capital
10. Ownership and restrictions on sale and issue of securities
Division 3 - Corporate governance of Corporation
11. Constitution of Corporation
12. Shareholders' letter of expectation
13. Corporate plan
14. Board of Corporation
[Bill 50]-I
15. Chief executive officer
Division 4 - Operations of Corporation
16. Operation and management
17. Staff
18. Borrowings
19. Acquisition and disposal of assets, investments and liabilities
20. Sale or disposal of main undertakings
Division 5 - Distributions and payments to councils
21. Distribution of dividends
22. Payment of guarantee fees
23. Payment of tax equivalents
Division 6 - Other provisions
24. Accounts, records, financial statements and audits
25. Provision of information
26. Guarantee or indemnity
PART 3 - TRANSFER OF WATER AND SEWERAGE ASSETS,
RIGHTS, LIABILITIES AND EMPLOYEES
27. Interpretation and application
28. Notice of transfer
29. Confirmation of transfer
30. Vesting of assets, rights and liabilities in transferee
31. Transfer of interests in land
32. Transfer of interests in part of land
33. No compensation payable
34. Consideration for vesting
35. Transfers of employees generally
36. General preservation of conditions of employment
37. Superannuation
38. No dual benefits or payment-out on transfer
2
PART 4 - MISCELLANEOUS
39. Delegation
40. Regulations
41. Administration of Act
42. Staged repeal of Water and Sewerage Corporations Act 2008
43. Transitional provisions
44. Consequential amendments
SCHEDULE 1 - PROVISIONS FOR INCLUSION IN CONSTITUTION
OF CORPORATION
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
3
4
WATER AND SEWERAGE CORPORATION BILL
2012
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
13 November 2012
(Brought in by the Minister for Finance, the Honourable Scott
Bacon)
A BILL FOR
An Act to provide for the establishment of the Tasmanian
Water and Sewerage Corporation, for the transfer to that
Corporation of the assets and liabilities of the four
corporations established under the Water and Sewerage
Corporations Act 2008, for the repeal of that Act and for
related matters
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Water and
Sewerage Corporation Act 2012.
[Bill 50] 5
Water and Sewerage Corporation Act 2012
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Purposes of Act
The purposes of this Act are to -
(a) provide for matters relating to the
establishment and governance of a
Corporation, having as its primary
purpose the provision of water and
sewerage services in Tasmania; and
(b) vest the water and sewerage assets, rights
and liabilities of the Regional
Corporations and the Common Services
Corporation in the Corporation; and
(c) make provision for the transfer of water
and sewerage employees of the Regional
Corporations and the Common Services
Corporation to the Corporation.
4. Interpretation
In this Act, unless the contrary intention
appears -
Auditor-General has the same meaning as in
the Financial Management and Audit Act
1990;
Board means the board of directors of the
Corporation;
6
Water and Sewerage Corporation Act 2012
Act No. of
Part 1 - Preliminary s. 4
borrowing means any borrowing, loan,
temporary accommodation, advance or
other form of raising funds in relation to
which the principal is repayable;
chief executive officer means the person
appointed under section 15;
Common Services Corporation means the
Tasmanian Water and Sewerage
Corporation (Common Services) Pty Ltd
(ACN 133 654 912) registered under the
Corporations Act;
Commonwealth Tax Act means the Income
Tax Assessment Act 1936 of the
Commonwealth and any other
enactments of the Commonwealth
relating to income tax;
constitution means the constitution of the
Corporation or any subsidiary of the
Corporation;
Corporation means the corporation
incorporated in accordance with
section 5;
director means a director of the Corporation;
dispose means, in relation to any property, to
sell, transfer, assign, create a security
interest over, declare oneself a trustee of,
or part with any benefit of, or otherwise
dispose of, that property, or any interest
in it, or any part of it;
7
Water and Sewerage Corporation Act 2012
Act No. of
s. 4 Part 1 - Preliminary
document includes part of a document;
elected government official means a person
who is, or has been elected as, a Member
of Parliament of Tasmania or a councillor
within the meaning of the Local
Government Act 1993;
GBE Treasurer's Instruction means a
Treasurer's Instruction within the
meaning of the Government Business
Enterprises Act 1995;
guarantee means a guarantee, indemnity,
letter of credit, letter of comfort or other
assurance or assumption of responsibility
given at any time for a debt or liability of
another person or the solvency or
financial condition of that person;
legal or other proceeding includes arbitration
proceedings and mediation proceedings;
member, in relation to the Corporation, means
a member of the Corporation within the
meaning of the Corporations Act;
principal objectives, in relation to the
Corporation, means the principal
objectives of the Corporation specified in
section 6;
Regional Corporation means any of the
following companies registered under the
Corporations Act:
8
Water and Sewerage Corporation Act 2012
Act No. of
Part 1 - Preliminary s. 4
(a) Tasmanian Water and Sewerage
Corporation (Northern Region)
Pty Ltd (ACN 133 655 062);
(b) Tasmanian Water and Sewerage
Corporation (North-Western
Region) Pty Ltd (ACN
133 655 008);
(c) Tasmanian Water and Sewerage
Corporation (Southern Region)
Pty Ltd (ACN 133 654 976);
regulations means regulations made and in
force under this Act;
shareholders' letter of expectation means a
letter issued by the members of the
Corporation to the Board under
section 12;
subsidiary has the same meaning as in the
Corporations Act;
transfer day means a day specified by the
Minister under section 28 to be the day
on which a transfer order takes effect;
transfer order means an order contained in a
notice published in the Gazette under
section 28(1);
transferred employee means a person who
becomes an employee of the Corporation
on the transfer day by the operation of
section 28(1);
9
Water and Sewerage Corporation Act 2012
Act No. of
s. 4 Part 1 - Preliminary
water and sewerage functions means -
(a) in the case of water, any function
associated with -
(i) the collection or storage
of that water, including by
way of bulk supply; and
(ii) the treatment of that
water; and
(iii) the conveyance and
reticulation of that water;
and
(iv) the supply of that water;
and
(b) in the case of sewerage, any
function associated with -
(i) the collection or storage
of sewage; and
(ii) the conveyance and
reticulation of sewage;
and
(iii) the treatment of sewage;
and
(c) any other functions associated
with the functions referred to in
paragraph (a) or (b), which may
include those associated with
stormwater and the re-use of
sewage; and
10
Water and Sewerage Corporation Act 2012
Act No. of
Part 1 - Preliminary s. 4
(d) any other functions as may be
prescribed by the regulations.
11
Water and Sewerage Corporation Act 2012
Act No. of
s. 5 Part 2 - Corporation
PART 2 - CORPORATION
Division 1 - Establishment and principal objectives of
Corporation
5. Formation of Corporation
The councils are to form, or participate in the
formation of, a proprietary company limited by
shares that is to be incorporated under the
Corporations Act.
6. Principal objectives of Corporation
(1) The principal objectives of the Corporation are
as follows:
(a) to efficiently provide water and sewerage
functions in Tasmania;
(b) to encourage water conservation, the
demand management of water and the re-
use of water on an economic and
commercial basis;
(c) to be a successful business and, to this
end -
(i) to operate its activities in
accordance with good
commercial practice; and
(ii) to deliver sustainable returns to
its members.
12
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 7
(2) Each of the principal objectives of the
Corporation is of equal importance.
7. Status of Corporation
(1) Unless this or any other Act expressly provides
otherwise, the Corporation or any subsidiary of
the Corporation -
(a) is not and does not represent the councils
or the Crown; and
(b) is not exempt from any rate, tax, duty or
other impost imposed by or under any
law of the State or the Commonwealth
merely because a council or the
Corporation has beneficial ownership of
shares in it.
(2) The Crown is not liable for any debt, liability or
obligation of the Corporation or any subsidiary
of the Corporation.
(3) A council is not liable for any debt, liability or
obligation of the Corporation or any subsidiary
of the Corporation unless -
(a) that council gives a guarantee or
indemnity under section 26 in relation to
that debt, liability or obligation; or
(b) the constitution of the Corporation
expressly provides otherwise.
13
Water and Sewerage Corporation Act 2012
Act No. of
s. 8 Part 2 - Corporation
8. Application of Corporations Act
(1) The Corporation or any subsidiary of the
Corporation and each director, secretary, other
officer or employee of the Corporation or any
subsidiary of the Corporation is declared to be an
excluded matter for the purposes of section 5F of
the Corporations Act in relation to -
(a) the following provisions of the
Corporations Act:
(i) Part 2M.4;
(ii) Chapter 6;
(iii) Chapter 6A;
(iv) Chapter 6B;
(v) Chapter 6C;
(vi) Chapter 6CA;
(vii) Chapter 6D;
(viii) Chapter 7;
(ix) Chapter 8; and
(b) any other provisions of the Corporations
legislation to the extent specified by the
regulations for the purposes of this
subsection.
(2) The appointment and removal of directors of the
Corporation (other than the disqualification of a
person from managing a Corporation) are
14
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 8
declared to be excluded matters for the purposes
of section 5F of the Corporations Act in relation
to Chapter 2D of that Act.
(3) To the extent that any provision of this Act or
the regulations is incapable of concurrent
operation with the Corporations legislation, that
provision is declared to be a Corporations
legislation displacement provision for the
purposes of section 5G of the Corporations Act.
(4) The regulations may declare the Corporation or
any subsidiary of the Corporation and any matter
relating to the Corporation or subsidiary to be an
applied Corporations legislation matter for the
purposes of Part 3 of the Corporations
(Ancillary Provisions) Act 2001 in relation to -
(a) the whole of the Corporations legislation;
or
(b) an Act, regulations or other instrument
forming part of the Corporations
legislation; or
(c) a provision or provisions of the
Corporations legislation or of an Act,
regulations or other instrument forming
part of the Corporations legislation.
(5) A provision of the Corporations legislation that
is the subject of any declaration in the
regulations has effect, subject to the following
modifications:
(a) the provision applies as if the
Corporation or any subsidiary of the
15
Water and Sewerage Corporation Act 2012
Act No. of
s. 8 Part 2 - Corporation
Corporation were a proprietary company
and a company limited by shares;
(b) the provision applies as if shares in the
Corporation or any subsidiary of the
Corporation held by the members were
shares held in the Corporation or
subsidiary as a proprietary company and
a company limited by shares;
(c) such other modifications as may be
prescribed by the regulations.
(6) Without limiting subsections (4) and (5), any
regulations referred to in subsection (4) -
(a) may specify modifications to the
definitions and other interpretative
provisions of the Corporations legislation
relevant to any provision of the
Commonwealth legislation that is the
subject of the declaration; and
(b) may provide for the Australian Securities
and Investments Commission (ASIC) to
exercise a function under any provision
of the Corporations legislation that is the
subject of the declaration, but only if -
(i) ASIC is to exercise that function
pursuant to an agreement of the
kind referred to in section 11(8)
or (9A)(b) of the Australian
Securities and Investments
Commission Act 2001 of the
Commonwealth; and
16
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 8
(ii) ASIC is authorised to exercise
that function under section 11 of
that Act; and
(c) may specify that a reference to ASIC in
any provision of the Corporations
legislation that is the subject of the
declaration is to be read as a reference to
another person; and
(d) may identify the provisions of the
Corporations legislation to which the
declaration relates by reference to that
legislation as in force at a particular time;
and
(e) may specify a court of this State (other
than the Supreme Court) to exercise any
function conferred on a court or the
Supreme Court by any provision of the
Corporations legislation to which the
declaration relates.
(7) Subsection (6) does not apply to any provision of
the Corporations legislation that applies to the
Corporation or any subsidiary of the Corporation
as a law of the Commonwealth.
(8) Words and expressions used in this section and
also in Part 3 of the Corporations (Ancillary
Provisions) Act 2001 have the same meanings as
they have in that Part.
17
Water and Sewerage Corporation Act 2012
Act No. of
s. 9 Part 2 - Corporation
Division 2 - Share capital and ownership of Corporation
9. Share capital
The Corporation is to have share capital and one
or more classes of shares as provided in its
constitution.
10. Ownership and restrictions on sale and issue of
securities
(1) Only councils may hold one or more shares or
other securities in the Corporation.
(2) Each member of the Corporation is to at all
times hold an equal number of shares, and an
equal number of other securities in the
Corporation, as each other member of the
Corporation.
(3) A member of the Corporation must not dispose
of the shares or other securities in the
Corporation held by that member.
(4) The Corporation must not, and must ensure that
any subsidiary of the Corporation does not -
(a) offer shares or other securities in the
Corporation or any subsidiary of the
Corporation for subscription, or invite
any person to subscribe for any such
shares or other securities; or
(b) grant options over unissued shares or
other securities in the Corporation or any
subsidiary of the Corporation; or
18
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 11
(c) allot or issue shares or other securities in
the Corporation or any subsidiary of the
Corporation -
other than to existing members pro rata to their
existing shareholdings.
(5) In this section -
(a) a reference to securities includes a
reference to securities of a kind specified
in section 92(3) of the Corporations Act;
and
(b) a reference to shares includes a reference
to shares of a kind specified in section
254A(1) of the Corporations Act.
Division 3 - Corporate governance of Corporation
11. Constitution of Corporation
(1) The Corporation is to have a constitution.
(2) The members of the Corporation are to ensure
that the constitution of the Corporation at all
times contains -
(a) provisions setting out the rights attaching
to each class of shares; and
(b) provisions to the effect of the provisions
set out in Schedule 1; and
(c) such other provisions as are prescribed
by the regulations.
19
Water and Sewerage Corporation Act 2012
Act No. of
s. 12 Part 2 - Corporation
(3) The constitution of the Corporation -
(a) is not to be adopted, modified or repealed
unless and until a resolution approving
the adoption, modification or repeal has
been passed by members in accordance
with the requirements of the
Corporations Act; and
(b) is not to be inconsistent with this Act or
the regulations.
(4) The Corporation is to make available to the
public the constitution of the Corporation
following its adoption or modification as soon as
practicable following its approval under
subsection (3)(a).
(5) Each of the provisions that are to be included in
the constitution of the Corporation under this
section is also to be included in the constitution
of any subsidiary of the Corporation.
12. Shareholders' letter of expectation
(1) As soon as practicable after the day on which the
Corporation is incorporated, the members of the
Corporation are to provide the shareholders'
letter of expectation to the Board.
(2) The shareholders' letter of expectation is to
specify -
(a) the strategic priorities of the Corporation;
and
20
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 13
(b) the high-level expectations of members
for the performance of the business of the
Corporation and any subsidiary of the
Corporation.
(3) The shareholders' letter of expectation of the
Corporation is not to be inconsistent with this
Act, the regulations or the constitution of the
Corporation.
(4) The members of the Corporation may at their
own discretion, or on the application of the
Board, initiate the process contained within the
constitution of the Corporation to -
(a) amend the shareholders' letter of
expectation; or
(b) revoke the shareholders' letter of
expectation and substitute another
shareholders' letter of expectation.
(5) Before or while preparing a shareholders' letter
of expectation or an amendment to a
shareholders' letter of expectation, the members
of the Corporation are to consult with the Board.
13. Corporate plan
(1) For each financial year, the Corporation must
have a corporate plan for the Corporation and
any subsidiary of the Corporation.
(2) The corporate plan is to -
(a) cover the period specified in the
shareholders' letter of expectation; and
21
Water and Sewerage Corporation Act 2012
Act No. of
s. 14 Part 2 - Corporation
(b) be in a form and contain the information
specified in the shareholders' letter of
expectation; and
(c) use the matters specified in section 12(2)
in its development; and
(d) be adopted or amended in accordance
with the procedure set out in the
shareholders' letter of expectation.
(3) The Corporation is to comply with the corporate
plan.
14. Board of Corporation
(1) The Board is to ensure that its directors have the
experience and skills necessary to enable the
Corporation to achieve its principal objectives.
(2) The appointment of the Board and removal of
directors is to be in accordance with the
constitution.
(3) None of the following persons may be appointed
as a director of the Corporation or any subsidiary
of the Corporation:
(a) any person who has served as an elected
government official at any time within
the 3 years preceding the intended date of
appointment;
(b) any person who holds office as an elected
government official or who is currently
an employee of any council.
22
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 15
15. Chief executive officer
The chief executive officer of the Corporation is
to be appointed by, and may be removed by, the
Board.
Division 4 - Operations of Corporation
16. Operation and management
(1) All decisions relating to the operation of the
Corporation are to be made by or under the
authority of the Board.
(2) The Board may, by written notice, delegate to
any person any of its functions or powers, other
than this power of delegation.
(3) The chief executive officer of the Corporation is,
subject to subsection (1), responsible for the day-
to-day management of the operation of the
Corporation in accordance with the general
policies and specific directions of the Board.
17. Staff
(1) The Corporation may employ such staff as it
requires to exercise its functions.
(2) The Corporation may fix the salary, wages and
conditions of its staff in so far as they are not
fixed by or under any Act or law.
23
Water and Sewerage Corporation Act 2012
Act No. of
s. 18 Part 2 - Corporation
18. Borrowings
(1) Except where approved by the Minister, the
Corporation or any subsidiary of the Corporation
must not borrow from any person other than the
Tasmanian Public Finance Corporation.
(2) The terms and conditions of any borrowing
undertaken under subsection (1) are to be in
accordance with any guidelines issued by the
Treasurer.
(3) Subject to subsection (4), the Treasurer may
issue guidelines relating to borrowing
undertaken under subsection (1).
(4) The Treasurer is to consult with councils and the
Corporation before issuing any guidelines under
subsection (3).
19. Acquisition and disposal of assets, investments and
liabilities
(1) Neither the Corporation nor any subsidiary of
the Corporation may, without the prior written
and unanimous approval of the members of the
Corporation, acquire or dispose of any assets or
investments, including shares in a company,
other than in the ordinary course of the business
of the Corporation or the subsidiary, as the case
may be.
(2) Neither the Corporation nor any subsidiary of
the Corporation may acquire or dispose of any
assets or liabilities in contravention of any
requirements of the regulations.
24
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 20
20. Sale or disposal of main undertakings
(1) The Corporation must not dispose of the main
undertakings of the Corporation, or permit the
disposal of the main undertakings of any
subsidiary of the Corporation.
(2) The main undertakings of the Corporation are as
specified in the most recent corporate plan of the
Corporation.
Division 5 - Distributions and payments to councils
21. Distribution of dividends
(1) The Board or the board of directors of any
subsidiary of the Corporation must determine a
dividend policy for the Corporation or
subsidiary.
(2) The dividend policy of the Corporation or of any
subsidiary of the Corporation is to -
(a) establish the aggregate amount, and the
basis of determining the aggregate
amount, of dividends payable to
members in respect of any period; and
(b) be determined having due regard to the
provisions of the shareholders' letter of
expectation; and
(c) be consistent with good commercial
practice; and
(d) require adequate provision to be made
for expected future capital requirements
25
Water and Sewerage Corporation Act 2012
Act No. of
s. 22 Part 2 - Corporation
and operational expenditure before the
payment of any dividend to members.
(3) In setting out the rights attaching to each class of
shares for the purposes of section 11(2)(a), the
constitution of the Corporation is to provide for
the allocation of the aggregate amount of
dividends amongst members.
22. Payment of guarantee fees
(1) The Corporation or any subsidiary of the
Corporation is liable to pay guarantee fees
determined pursuant to subsection (2).
(2) If the Corporation or any subsidiary of the
Corporation borrows money in accordance with
section 18 -
(a) Division 1 of Part 11 of the Government
Business Enterprises Act 1995 (other
than section 78(1)) and, unless the
Corporation or subsidiary has received a
notice from the Treasurer to the contrary,
each GBE Treasurer's Instruction given
in relation to any matter the subject of
that Division applies by virtue of this Act
in relation to the Corporation or
subsidiary as if -
(i) the Corporation or subsidiary
were a Government Business
Enterprise specified in Schedule
3 to the Government Business
Enterprises Act 1995; and
26
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 23
(ii) each reference to financial
accommodation in that Division
of the Government Business
Enterprises Act 1995 were a
reference to money borrowed
from the Tasmanian Public
Finance Corporation in
accordance with section 18; and
(iii) each reference to the
Consolidated Fund in the
Government Business Enterprises
Act 1995 were a reference to a
council; and
(b) the Corporation or subsidiary is to pay
the aggregate guarantee fee, determined
by the Treasurer pursuant to the
application of paragraph (a), to councils
in the amount and in the manner outlined
in the constitution.
23. Payment of tax equivalents
(1) The Corporation or any subsidiary of the
Corporation is liable to pay an aggregate income
tax equivalent in respect of each financial year,
determined pursuant to the application of this
section, to councils in the amount and in the
manner outlined in the constitution.
(2) Despite subsection (1), the Corporation or any
subsidiary of the Corporation is not liable to pay
an income tax equivalent to the extent to which
it is liable to pay income tax under the
Commonwealth Tax Act.
27
Water and Sewerage Corporation Act 2012
Act No. of
s. 24 Part 2 - Corporation
(3) Division 3 of Part 10 of the Government
Business Enterprises Act 1995 and, unless the
Corporation or any subsidiary of the Corporation
has received a notice from the Treasurer to the
contrary, each GBE Treasurer's Instruction
given in relation to any matter the subject of that
Division applies by virtue of this Act to the
liabilities and payments that arise under
subsection (1) as if -
(a) the Corporation or subsidiary were a
prescribed Government Business
Enterprise as defined in section 67 of the
Government Business Enterprises Act
1995; and
(b) a reference to section 68 of the
Government Business Enterprises Act
1995 were a reference to subsection (1);
and
(c) each reference to the Consolidated Fund
were a reference to a council.
Division 6 - Other provisions
24. Accounts, records, financial statements and audits
(1) The Corporation must maintain financial records
that accurately reflect and record the transactions
and financial position and performance of the
business of the Corporation and any subsidiary
of the Corporation.
(2) Within 45 days after the end of a financial year,
the Board is to -
28
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 24
(a) prepare the financial statements of the
Corporation relating to that financial
year; and
(b) if the Corporation has subsidiaries,
prepare consolidated financial statements
in respect of the Corporation and all its
subsidiaries relating to that financial
year; and
(c) in accordance with the Audit Act 2008,
provide the Auditor-General with the
Corporation's financial statements and
the consolidated financial statements.
(3) Subject to subsection (1), the members of the
Corporation may direct the Board to include in
the financial statements any financial
information that the members consider
appropriate.
(4) The provisions of Chapter 2M of the
Corporations Act apply to the Corporation as if it
were a large proprietary company (within the
meaning given to that term by that Act) for the
purposes of that Chapter.
(5) The Auditor-General is to be the auditor of the
Corporation for the purposes of the Corporations
Act.
(6) The Auditor-General must provide the Board
and a representative or representatives
nominated by the members of the Corporation
with a copy of his or her opinion in respect of
the financial statements of the Corporation
provided under section 19 of the Audit Act 2008.
29
Water and Sewerage Corporation Act 2012
Act No. of
s. 25 Part 2 - Corporation
25. Provision of information
(1) The Board is to provide to the members of the
Corporation a copy of the annual report of the
Corporation, by no later than 3 months after the
end of the financial year to which the annual
report relates.
(2) The Board is to make the annual report of the
Corporation available to the public no later than
5 months after the end of the financial year to
which the annual report relates, or immediately
after the annual general meeting held to adopt
the annual report, whichever occurs first.
26. Guarantee or indemnity
(1) On the written request of the Corporation or any
subsidiary of the Corporation, any council, in
writing, may guarantee, give an indemnity in
relation to, or guarantee and give an indemnity
in relation to -
(a) the repayment of any money lent or
agreed to be lent to the Corporation or
subsidiary; or
(b) the performance of an obligation
undertaken by the Corporation or
subsidiary or which the Corporation or
subsidiary has agreed to undertake
(whether that obligation is monetary or
otherwise).
(2) A guarantee or an indemnity -
30
Water and Sewerage Corporation Act 2012
Act No. of
Part 2 - Corporation s. 26
(a) may include a guarantee of, or an
indemnity relating to, any interest and
other charges payable in respect of
money lent or agreed to be lent or in
respect of or arising from an obligation
undertaken or agreed to be undertaken;
and
(b) is subject to any conditions determined
by the relevant council and specified in
the guarantee or indemnity.
(3) This section has effect regardless of whether the
loan or obligation was undertaken, agreed to be
undertaken or required to be repaid or
performed, in Tasmania or elsewhere.
31
Water and Sewerage Corporation Act 2012
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s. 27 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
PART 3 - TRANSFER OF WATER AND SEWERAGE
ASSETS, RIGHTS, LIABILITIES AND EMPLOYEES
27. Interpretation and application
In this Part -
asset means, in relation to a transferor,
property of any kind, whether tangible or
intangible, real or personal, present or
future, whether arising from, accruing
under, created or evidenced by or the
subject of, an instrument or otherwise
and whether liquidated or unliquidated,
actual, contingent or prospective, to the
extent that it relates, directly or
indirectly, to the water and sewerage
functions of that transferor and includes,
without limitation, any -
(a) legal or equitable estate or
interest in real or personal
property; and
(b) chose in action; and
(c) money, documents or securities;
and
(d) infrastructure; and
(e) plant and equipment; and
(f) National Tax Equivalent Regime
carry forward losses; and
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Employees
(g) intellectual property; and
(h) goodwill; and
(i) records; and
(j) any other right;
employee means, in relation to a transferor, an
employee of that transferor engaged,
directly or indirectly, in whole or in part,
in performing the water and sewerage
functions of that transferor;
liability means, in relation to a transferor, any
liability, duty or obligation, whether
actual, contingent or prospective,
liquidated or unliquidated, and whether
owed alone or jointly or jointly and
severally with any other person, to the
extent that it relates, directly or
indirectly, to the water and sewerage
functions of that transferor;
records means, in relation to a transferor,
registers, papers, documents, minutes,
receipts, books of account and other
records, however compiled, recorded or
stored, to the extent that they relate,
directly or indirectly, to the water and
sewerage functions of that transferor;
right means, in relation to a transferor, any
right, power, privilege or immunity,
whether actual, contingent or
prospective, to the extent that it relates,
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Water and Sewerage Corporation Act 2012
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s. 28 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
directly or indirectly, to the water and
sewerage functions of that transferor;
State tax means any of the following if
imposed by any Act or law of Tasmania:
(a) a fee, including an application fee
and registration fee;
(b) a tax, including a duty;
(c) a charge;
transferee means a council, the Corporation or
any subsidiary of the Corporation to
which any employees, assets, rights or
liabilities are transferred under
section 28;
transferor means a council, the Corporation,
or a Regional Corporation or Common
Services Corporation, or any subsidiary
of any of them, or the Crown, from
which any employees, assets, rights or
liabilities are transferred under
section 28, or any person prescribed by
the regulations.
28. Notice of transfer
(1) The Minister may, by notice published in the
Gazette, order the transfer to a specified
transferee of such of a specified transferor's -
(a) assets, rights and liabilities; and
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Water and Sewerage Corporation Act 2012
Act No. of
Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and s. 28
Employees
(b) employees -
as are specified in the order.
(2) The assets, rights and liabilities and the
employees specified in the order referred to in
subsection (1) need not constitute all of the
assets, rights or liabilities or all of the employees
of the transferor.
(3) A transfer order takes effect on the day specified
in the order and, accordingly, the assets, rights,
liabilities or employees specified in the order are
transferred in accordance with the order on that
day.
(4) A transferor that is the subject of a transfer order
must take all reasonable steps to enable the
transfer order to take effect according to its
terms.
(5) The Minister may publish more than one notice
in respect of the transfer of assets, rights,
liabilities and employees of a transferor and may
specify different transfer days in respect of the
transfer of those assets, rights, liabilities and
employees.
(6) The Minister may amend or revoke any notice
published under this section.
(7) A notice under this section is not a statutory rule
for the purposes of the Rules Publication Act
1953.
(8) State tax is not payable in respect of -
35
Water and Sewerage Corporation Act 2012
Act No. of
s. 29 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
(a) the transfer pursuant to this section of
any contract, property, right or
obligation; or
(b) anything the Minister certifies as having
been done as a consequence of that
transfer.
29. Confirmation of transfer
(1) If any dispute arises -
(a) as to whether an asset, right, liability or
employee is transferred under a transfer
order; or
(b) as to whether any, or any part of any,
contract or document relates to an asset,
right, liability or employee transferred
under a transfer order -
the Minister may determine the matter and is to
provide the concerned parties with written notice
of that determination.
(2) The determination of the Minister under
subsection (1) is final and binding on the
transferor and transferee concerned.
30. Vesting of assets, rights and liabilities in transferee
(1) When any assets, rights or liabilities are
transferred under section 28, the following
provisions have effect:
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Water and Sewerage Corporation Act 2012
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Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and s. 30
Employees
(a) the assets of the transferor that are the
subject of the transfer order vest in the
transferee by virtue of this section and
without the need for any further
conveyance, transfer, assignment or
assurance;
(b) the rights or liabilities of the transferor
that are the subject of the transfer order
become by virtue of this section the
rights or liabilities of the transferee;
(c) all legal or other proceedings, relating to
the assets, rights or liabilities that are the
subject of the transfer order, commenced
before the transfer by or against the
transferor or a predecessor of the
transferor and pending immediately
before the transfer are taken to be
proceedings pending by or against the
transferee;
(d) any legal or other proceedings, relating to
the assets, rights or liabilities that are the
subject of the transfer order, which could
have been commenced immediately
before the transfer by or against the
transferor or a predecessor of the
transferor may be commenced by or
against the transferee;
(e) a judgment or order of a court or other
tribunal obtained before the transfer by
or against the transferor or a predecessor
of the transferor, relating to the assets,
37
Water and Sewerage Corporation Act 2012
Act No. of
s. 30 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
rights or liabilities that are the subject of
the transfer order, may be enforced by or
against the transferee;
(f) any document relating to legal or other
proceedings, relating to the assets, rights
or liabilities that are the subject of the
transfer order, that has been served on or
by a transferor or a predecessor of the
transferor before the transfer is taken,
when appropriate, to have been served on
or by the transferee;
(g) any act, matter or thing done or omitted
to be done, in relation to the assets, rights
or liabilities that are the subject of the
transfer order, before the transfer by, to
or in respect of the transferor or a
predecessor of the transferor is (to the
extent to which that act, matter or thing
has any force or effect) taken to have
been done or omitted to be done by, to or
in respect of the transferee;
(h) a reference in any Act, in any instrument
made under any Act, in any contract,
agreement, arrangement or undertaking,
or in any document of any kind, to -
(i) the transferor; or
(ii) any predecessor of the
transferor -
to the extent to which the reference relates to the
assets, rights or liabilities that are the subject of
38
Water and Sewerage Corporation Act 2012
Act No. of
Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and s. 31
Employees
the transfer order, is taken to be, or include, a
reference to the transferee.
(2) The operation of this section is not to be
regarded -
(a) as a breach of contract or confidence or
otherwise as a civil wrong; or
(b) as a breach of any contractual provision
prohibiting, restricting or regulating the
assignment or transfer of assets, rights or
liabilities; or
(c) as giving rise to any remedy by a party to
an instrument, or as causing or
permitting the termination of any
instrument, because of a change in the
beneficial or legal ownership of any
asset, right or liability that is the subject
of the transfer order; or
(d) as an event of default under any contract
or other instrument.
(3) No assignment to the transferee by a lessee from
the transferor is required.
(4) A transfer is subject to the terms and conditions
of the transfer order by which it is effected.
31. Transfer of interests in land
(1) A transfer order may transfer an interest in
respect of land vested in the transferor without
39
Water and Sewerage Corporation Act 2012
Act No. of
s. 32 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
transferring the whole of the interests of the
transferor in that land.
(2) If the interest transferred is not a separate
interest, the order operates to create the interest
transferred in such terms as are specified in the
order.
(3) This clause does not limit any other provision of
this Act.
32. Transfer of interests in part of land
(1) In this section -
non-transferred part of the land, in relation
to an area of land, means a part of the
land that is a part to which an interest
transferred in accordance with
subsection (2) does not relate;
Recorder means the Recorder of Titles
appointed pursuant to section 4(1) of the
Land Titles Act 1980;
transferred part of the land, in relation to an
area of land, means a part of the land that
is a part to which an interest transferred
in accordance with subsection (2) relates.
(2) A transfer order may transfer an interest, or all of
the interests, of the transferor in respect of part
of an area of land vested in the transferor.
40
Water and Sewerage Corporation Act 2012
Act No. of
Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and s. 32
Employees
(3) A transfer order that transfers an interest in part
of an area of land in accordance with
subsection (2) must -
(a) contain a plan that -
(i) identifies the interest and the
transferred part of the land to
which the interest relates; and
(ii) describes the size and boundary
of the transferred part of the land;
and
(iii) describes the boundary of the
non-transferred part of the land;
or
(b) otherwise describe the interest.
(4) Without limiting the interests that may be
transferred by a transfer order, a transfer order
that transfers an interest in part of an area of land
in accordance with subsection (2) may, in the
terms specified in the order, do either or both of
the following:
(a) create or amend an interest, in favour of
the transferee, that burdens the non-
transferred part of the land;
(b) create or amend an interest, in favour of
the transferor, that burdens the
transferred part of the land.
41
Water and Sewerage Corporation Act 2012
Act No. of
s. 32 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
(5) A transferee to whom an interest in respect of a
part of an area of land is transferred by a transfer
order in accordance with subsection (2) must
lodge a caveat under section 133 of the Land
Titles Act 1980 in relation to the interest.
(6) A transferee to whom an interest in respect of a
part of an area of land is transferred by a transfer
order in accordance with subsection (2) must
lodge with the Recorder, together with an
application under section 138A of the Land
Titles Act 1980 in relation to the interest -
(a) a copy of the transfer order; and
(b) a plan, prepared by a registered surveyor
in accordance with the requirements of
the Recorder, that identifies the
transferred part of the land and the non-
transferred part of the land; and
(c) any other documents that the Recorder
may require.
(7) The Recorder must register the transfer of an
interest referred to in an application under
section 138A of the Land Titles Act 1980 made
in accordance with subsection (6), if the
Recorder is satisfied that -
(a) the plan lodged in accordance with
subsection (6)(b) conforms with the
transfer order lodged with the Recorder
under subsection (6)(a); and
42
Water and Sewerage Corporation Act 2012
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Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and s. 32
Employees
(b) any documents required under
subsection (6)(c) to be lodged have been
lodged with the application; and
(c) the transferor has sufficient title to
dispose of the interest; and
(d) the execution of the plan is consistent
with the proper administration of the
Land Titles Act 1980 or this section; and
(e) there are no errors or inconsistencies in
the plan or the transfer order, or between
the plan and that order, that require
amendment.
(8) The Recorder may, if he or she is not satisfied as
to the matters referred to in subsection (7) in
relation to the transfer of an interest in
accordance with subsection (2) -
(a) notify the transferee and the Minister of
the grounds on which the Recorder is not
so satisfied; and
(b) refuse to register under the Land Titles
Act 1980 the transfer of the interest in
accordance with this section until the
Recorder is satisfied as to those matters.
(9) Despite sections 33(14)(a) and 143I of the Land
Titles Act 1980, the Recorder may create a new
folio or a new plan under that Act, even though
to do so would be to permit the subdivision of
land contrary to the Local Government (Building
and Miscellaneous Provisions) Act 1993.
43
Water and Sewerage Corporation Act 2012
Act No. of
s. 33 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
(10) The transfer of an interest in a part of an area of
land in accordance with subsection (2) is not to
be taken to be a subdivision of the land for the
purposes of the Land Use Planning and
Approvals Act 1993 and no permit is required
under that Act to be granted in relation to the
transfer of such an interest.
(11) Part 3 of the Local Government (Building and
Miscellaneous Provisions) Act 1993 does not
apply in relation to the transfer of an interest in
accordance with subsection (2).
33. No compensation payable
No compensation is payable to any person or
body in connection with a transfer except to the
extent (if any) to which the transfer order giving
rise to the transfer so provides.
34. Consideration for vesting
(1) The Minister may, by notice published in the
Gazette, specify the consideration on which a
transfer is made and the value or values at which
the assets, rights or liabilities are transferred.
(2) A notice under subsection (1) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
44
Water and Sewerage Corporation Act 2012
Act No. of
Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and s. 35
Employees
35. Transfers of employees generally
(1) As soon as practicable after receiving notice of
the transfer day specified in a transfer order, the
relevant transferor is to give to each of its
employees specified in the transfer order written
notice that his or her employment is to be
transferred on that day, by the operation of this
Part, to the transferee specified in the transfer
order.
(2) Transferred employees are regarded for all
purposes as having become employees of the
transferee, in accordance with the terms of the
transfer order, on the transfer day specified in
the order.
(3) Before, or as soon as practicable after, the
employment of a person is transferred to a
transferee by the operation of this Part, the
transferee, by written notice provided to the
person, may determine the position description,
title, role or duties for the position to be
occupied by the person in the transferee that is
different from his or her position description,
title, role or duties in the transferor.
(4) A chief executive officer of a transferor whose
employment is transferred to a transferee by
operation of this Part is not transferred to the
position of chief executive officer of the
transferee unless that transferee has appointed
him or her to that position.
45
Water and Sewerage Corporation Act 2012
Act No. of
s. 36 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
36. General preservation of conditions of employment
(1) A transferred employee -
(a) is to be paid by way of remuneration
(excluding any bonus payments) by the
transferee an amount per annum no less
than the amount he or she received from
the transferor per annum (excluding any
bonus payments) immediately before
becoming a transferred employee; and
(b) is, subject to any determination made
under section 35(3), to be employed by
the transferee from the transfer day in
accordance with any awards, agreements
and determinations which would have
applied to him or her had he or she not
been transferred but instead remained as
an employee of the transferor; and
(c) retains any rights to annual leave, long-
service leave, sick leave, and other forms
of leave, accrued or accruing during his
or her employment with the transferor,
and may claim any such entitlements as
against the transferee.
(2) Nothing in this section prevents any of the terms
of employment of a transferred employee being
altered by an award, industrial agreement or law
after he or she becomes a transferred employee.
46
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Employees
37. Superannuation
(1) The Corporation may make contributions to one
or more superannuation schemes that comply
with the law of the Commonwealth relating to
superannuation.
(2) The Corporation may participate in a
superannuation scheme provided for under the
Retirement Benefits Act 1993 or the Public
Sector Superannuation Reform Act 1999 in
respect of employees transferred under a transfer
order who were members of those schemes
immediately before being transferred.
(3) If the Corporation participates in either of the
schemes specified in subsection (2), the
Corporation is taken to be a prescribed authority
for the purposes of the Retirement Benefits Act
1993 or the Public Sector Superannuation
Reform Act 1999 in respect of any of its
employees who are subject to the scheme.
(4) If the Corporation participates in a
superannuation scheme provided for under the
Retirement Benefits Act 1993 or the Public
Sector Superannuation Reform Act 1999, it must
comply with any instruction relating to
superannuation given to it by the Minister
administering those Acts.
(5) The Corporation is to make adequate provision
to meet any liability it may have under the
Retirement Benefits Act 1993 to pay pension and
47
Water and Sewerage Corporation Act 2012
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s. 38 Part 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and
Employees
other benefits in respect of all transferred
employees.
(6) Except where approved by the members of the
Corporation, the Corporation or any subsidiary
of the Corporation must not establish a
superannuation scheme.
38. No dual benefits or payment-out on transfer
(1) Transferred employees are not entitled to receive
any payment or other benefit merely because
they cease to be employees of the transferor.
(2) Transferred employees are not entitled to claim,
either under this Act or under any other Act, dual
benefits of the same kind for the same period of
service.
48
Water and Sewerage Corporation Act 2012
Act No. of
Part 4 - Miscellaneous s. 39
PART 4 - MISCELLANEOUS
39. Delegation
The Minister may, by written notice, delegate to
any person any of his or her functions or powers
under this Act, other than this power of
delegation.
40. Regulations
(1) The Minister is to consult with councils and the
Corporation on the content of any regulations
proposed to be made under this section.
(2) The Governor may make regulations for the
purposes of this Act.
(3) Without limiting subsection (2), the regulations
may provide that any act or thing, or kind of act
or thing, of or relating to the Corporation or any
subsidiary of the Corporation is authorised for
the purposes of Part IV of the Competition and
Consumer Act 2010 of the Commonwealth.
(4) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(5) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by any person or body specified in
the regulations.
(6) The regulations may contain provisions of a
savings or transitional nature consequent on the
49
Water and Sewerage Corporation Act 2012
Act No. of
s. 41 Part 4 - Miscellaneous
enactment of the relevant provision or provisions
of this Act.
(7) Regulations made under subsection (6) may take
effect on the day on which the relevant provision
or provisions of this Act commences or
commence or a later day.
41. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Finance; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Treasury
and Finance.
42. Staged repeal of Water and Sewerage Corporations
Act 2008
(1) A provision of the Water and Sewerage
Corporations Act 2008 is repealed to the extent,
and from the day, fixed by proclamation in
respect of that provision.
(2) The Water and Sewerage Corporations Act 2008
is repealed on a day fixed by proclamation,
being a day after the last day fixed under
subsection (1).
50
Water and Sewerage Corporation Act 2012
Act No. of
Part 4 - Miscellaneous s. 43
43. Transitional provisions
(1) If an environment protection notice, within the
meaning of the Environmental Management and
Pollution Control Act 1994, is the subject of a
transfer order, the notice is taken to -
(a) be an environment protection notice
served under the Environmental
Management and Pollution Control Act
1994 on the transferee referred to in the
transfer order; and
(b) continue on the same terms and
conditions as specified in the notice
immediately before the day specified in
the transfer order as the day on which the
order takes effect, as if a reference, in the
notice, to the transferor referred to in that
order were a reference to the transferee
referred to in that order.
(2) If a permit is taken to have been granted under
clause 3 of Schedule 6 to the Environmental
Management and Pollution Control Act 1994 in
respect of scheduled premises which -
(a) are under the control of the transferor
referred to in a transfer order; and
(b) are the subject of such an order -
the permit is taken to -
(c) be a permit granted under the Land Use
Planning and Approvals Act 1993 in
respect of scheduled premises which, by
51
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s. 44 Part 4 - Miscellaneous
virtue of the transfer order, come under
the control of the transferee; and
(d) continue on the same terms and
conditions as specified in the permit.
44. Consequential amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
52
Water and Sewerage Corporation Act 2012
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sch. 1
SCHEDULE 1 - PROVISIONS FOR INCLUSION IN
CONSTITUTION OF CORPORATION
Section 11(2)
Provisions to the effect of the following
provisions are to be included in the constitution
of the Corporation. Words and expressions used
in these provisions have the same meaning as in
this Act or, if applicable, the Corporations Act.
1. Entrenchment
(1) Any special resolution of the company that
purports to modify or repeal the constitution or a
provision of the constitution in breach of the
requirements of subclause (2) does not have any
effect.
(2) The constitution or a provision of the
constitution may not be modified or repealed -
(a) in a way that would result in the
constitution being inconsistent with the
provisions of the Water and Sewerage
Corporation Act 2012 or any regulations
made under it; or
(b) unless the provisions of section 11 of the
Water and Sewerage Corporation Act
2012 have been complied with.
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Water and Sewerage Corporation Act 2012
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sch. 1
2. Act to prevail
(1) The provisions of the Water and Sewerage
Corporation Act 2012 prevail over any
inconsistent provisions of the constitution of the
company.
(2) The company, its directors and members are
expressly prohibited from exercising any of their
powers in contravention of, or in a manner
inconsistent with, any requirement of the Water
and Sewerage Corporation Act 2012.
3. Subsidiaries
(1) The company may not -
(a) form, or participate in the formation of,
any company, trust, managed investment
scheme, other body corporate,
partnership or joint venture; or
(b) acquire -
(i) any shares or other securities in a
company; or
(ii) any interest, including any units,
in any trust; or
(iii) any interest in any managed
investment scheme; or
(iv) any interest in any other body
corporate; or
54
Water and Sewerage Corporation Act 2012
Act No. of
sch. 1
(v) any interest in any partnership or
joint venture -
without the prior approval of the members of the
first-mentioned company.
(2) The company is, to the maximum extent
practicable, to ensure that every subsidiary
complies with its constitution (if any) and with
the requirements of the Water and Sewerage
Corporation Act 2012.
4. Replaceable rules not to apply
The replaceable rules applicable to a proprietary
company contained in the Corporations Act from
time to time do not apply to the company.
55
Water and Sewerage Corporation Act 2012
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sch. 2
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Section 44
Audit Act 2008
1. Section 4(1) is amended by omitting paragraph
(g) from the definition of State entity and
substituting:
(g) the Corporation within the meaning of
the Water and Sewerage Corporation Act
2012;
Drains Act 1954
1. Section 22(1) is amended as follows:
(a) by inserting "the" after "drainage trust
or";
(b) by omitting "Water and Sewerage
Corporations Act 2008" and substituting
"Water and Sewerage Corporation Act
2012";
(c) by omitting "relevant".
Land Use Planning and Approvals Act 1993
1. Section 3(1) is amended by omitting the
definition of Regional Corporation.
2. Section 60P(1) is amended by omitting
paragraph (f) and substituting the following
paragraph:
56
Water and Sewerage Corporation Act 2012
Act No. of
sch. 2
(f) the Corporation within the meaning of
the Water and Sewerage Corporation Act
2012;
3. Section 60R(2) is amended by omitting
paragraph (c) and substituting the following
paragraph:
(c) the Corporation within the meaning of
the Water and Sewerage Corporation Act
2012; and
4. Section 60V(2) is amended by omitting
paragraph (d) and substituting the following
paragraph:
(d) the Corporation within the meaning of
the Water and Sewerage Corporation Act
2012;
5. Section 60X(6)(a) is amended by omitting
subparagraph (ii) and substituting the following
subparagraph:
(ii) the Corporation within the meaning of
the Water and Sewerage Corporation Act
2012; and
57
Water and Sewerage Corporation Act 2012
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sch. 2
Tasmanian Planning Commission Act 1997
1. Section 5(1) is amended by omitting paragraph
(h) and substituting the following paragraph:
(h) a person, nominated by the Minister, who
is either the chairperson of the
Corporation, within the meaning of the
Water and Sewerage Corporation Act
2012, or a person who is recommended
by that chairperson.
2. Clause 8(2) of Schedule 2 is amended by
omitting paragraph (h) and substituting the
following paragraph:
(h) referred to in section 5(1)(h) is to be a
person nominated by the Minister on the
recommendation of the chairperson of
the Corporation, within the meaning of
the Water and Sewerage Corporation Act
2012.
Tasmanian Public Finance Corporation Act 1985
1. Section 3(1) is amended by omitting paragraph
(d) from the definition of participating authority
and substituting:
(d) the Corporation, or a subsidiary of the
Corporation, within the meaning of the
Water and Sewerage Corporation Act
2012; or
58
Water and Sewerage Corporation Act 2012
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sch. 2
Water Management (Watercourse Authority Exemption)
Order 2009
1. Clause 4 is amended by omitting paragraphs (a)
and (b) and substituting the following
paragraphs:
(a) the following bodies corporate under the
Corporations Act:
(i) Cressy Longford Irrigation
Scheme Ltd. (ACN 097 994 100);
(ii) Shannon Clyde Water Company
Ltd. (ACN 132 740 437);
(b) the Corporation within the meaning of
the Water and Sewerage Corporation Act
2012;
Water Management Act 1999
1. Section 3(1) is amended by omitting paragraph
(h) from the definition of water entity and
substituting:
(h) the Corporation within the meaning of
the Water and Sewerage Corporation Act
2012 -
2. Section 166(1) is amended by omitting
paragraph (f) and substituting the following
paragraph:
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(f) the Corporation within the meaning of
the Water and Sewerage Corporation Act
2012.
Water Management Regulations 2009
1. Regulation 11 is amended as follows:
(a) by omitting from subregulation (1) "a
Regional" and substituting "the";
(b) by inserting in subregulation (1) "by a
Regional Corporation that was
transferred to that Regional Corporation"
after "it";
(c) by omitting from subregulation (2)(a)
"Regional";
(d) by omitting the definition of bulk water
authority from subregulation (4) and
substituting the following definitions:
bulk water authority means Hobart
Water (ABN 95 327 914 139),
Esk Water
(ABN 41 913 557 456) and
Cradle Coast Water
(ABN 44 792 170 681);
Corporation has the same meaning as
in the Water and Sewerage
Corporation Act 2012;
(e) by omitting the definitions of prescribed
maximum and Regional Corporation
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Water and Sewerage Corporation Act 2012
Act No. of
sch. 2
from subregulation (4) and substituting
the following definitions:
prescribed maximum means -
(a) for the financial year
ending on 30 June 2012,
$2 375 000; and
(b) for the financial year
ending on 30 June 2013,
$2 375 000 indexed in
accordance with the
average CPI figure for
Hobart for the 4 quarters
ending on
31 December 2012; and
(c) for a subsequent financial
year, the prescribed
maximum for the
financial year ending on
30 June immediately
preceding that subsequent
financial year, indexed in
accordance with the
average CPI figure for
Hobart for the 4 quarters
ending on 31 December in
that subsequent financial
year;
Regional Corporation has the same
meaning as in the Water and
Sewerage Corporation Act 2012.
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Water and Sewerage Corporation Act 2012
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Water and Sewerage Industry (Community Service
Obligation) Act 2009
1. Section 3(1) is amended by omitting "a Regional
Corporation within the meaning of the Water
and Sewerage Corporations Act 2008" from the
definition of relevant regulated entity and
substituting "the Corporation within the meaning
of the Water and Sewerage Corporation Act
2012".
Water and Sewerage Industry Act 2008
1. Section 3 is amended as follows:
(a) by omitting the definition of Common
Services Corporation;
(b) by omitting "Water and Sewerage
Corporations Act 2008" from the
definition of Corporation and
substituting "Water and Sewerage
Corporation Act 2012";
(c) by omitting the definition of disqualified
corporation;
(d) by omitting the definition of Regional
Corporation.
2. Section 56ZP is amended by omitting "a
Corporation" twice occurring and substituting
"the Corporation".
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3. After section 67, the following section is inserted
in Division 5:
67A. Preservation of price determinations and
price and service plans
(1) The price determination made by the
Regulator under section 66 of the Water
and Sewerage Industry Act 2008 that
applied to a regulated entity immediately
before the transfer day applies, on and
after that day, to the Corporation in
respect of the regulated services specified
in the determination as if it had been
made under section 66 of the Water and
Sewerage Industry Act 2008 in relation to
the Corporation.
(2) A price and service plan approved by the
Regulator under section 65(5) of the
Water and Sewerage Industry Act 2008
in relation to a regulated entity and in
force immediately before the transfer day
applies, on and after that day, to the
Corporation as if it had been approved
under section 65(5) of the Water and
Sewerage Industry Act 2008 in relation to
the Corporation.
(3) In this section -
transfer day has the same meaning as
in the Water and Sewerage
Corporation Act 2012.
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Act No. of
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4. Section 90(1) is amended by omitting "a
Regional Corporation or the Common Services
Corporation" and substituting "the Corporation".
5. Section 105 is amended as follows:
(a) by omitting from subsection (1) "a
corporation" and substituting "the
Corporation";
(b) by omitting from subsection (1)
"corporation" second occurring and
substituting "Corporation";
(c) by omitting from subsection (1)
"corporation" third occurring and
substituting "Corporation";
(d) by omitting from subsection (1)(a)
"corporation" and substituting
"Corporation";
(e) by omitting from subsection (1)(b)
"corporation" and substituting
"Corporation";
(f) by omitting from subsection (1)(c)
"corporation's" and substituting
"Corporation's";
(g) by omitting from subsection (2)
"corporation" and substituting
"Corporation";
(h) by omitting from subsection (3) "a
corporation's" and substituting "the
Corporation's";
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Water and Sewerage Corporation Act 2012
Act No. of
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(i) by omitting from subsection (3)
"corporation" and substituting
"Corporation";
(j) by omitting from subsection (4) "a
corporation" and substituting "the
Corporation";
(k) by omitting from subsection (4)
"corporation" second occurring and
substituting "Corporation".
Government Printer, Tasmania 65