AustLII Tasmanian Numbered Acts

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WATER AND SEWERAGE INDUSTRY ACT 2008 (NO. 13 OF 2008) - SECT 3

Interpretation

In this Act, unless the contrary intention appears –
Agency has the same meaning as in the State Service Act 2000 ;
annual performance reporting requirements means the annual reporting requirements referred to in section 69 ;
area of operations , in relation to a regulated entity, means the area within which the regulated entity is authorised to exercise the powers conferred by a licence;
authorised officer means an authorised officer appointed under section 91 ;
business day means a day that is not –
(a) a Saturday or Sunday; or
(b) a statutory holiday within the meaning of the Statutory Holidays Act 2000 ;
code means a code issued by the Regulator under section 20 ;
Common Services Corporation has the same meaning as in the Water and Sewerage Corporations Act 2008 ;
customer means a person who is –
(a) an owner and occupier of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure; or
(b) an owner (but not an occupier) of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure; or
(c) an occupier of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure and is liable for service charges; or
(d) an owner or occupier of a property that is not connected to a regulated entity's water infrastructure or sewerage infrastructure but to which a regulated service is available from a regulated entity and the regulated entity imposes a service charge;
customer complaints process  means a process established pursuant to section 75 to deal with complaints by customers of a regulated entity relating to regulated services provided by that regulated entity;
customer contract means a contract between a regulated entity and a customer for the provision of regulated services to the customer, which includes standard terms and conditions of service;
customer service code means a code issued under section 57 ;
deemed licensee means a person deemed to be licensed under section 32 ;
disqualified corporation means a corporation that, pursuant to a declaration under section 41 , is a disqualified person for the purposes of this Act and includes a corporation that is a related entity (within the meaning of the Corporations Act 2001 of the Commonwealth) in relation to the corporation;
disqualified individual means –
(a) an individual who, pursuant to the Corporations Act 2001 of the Commonwealth, is disqualified from managing a corporation; or
(b) an individual who, pursuant to a declaration under section 41 , is a disqualified person for the purposes of this Act;
disqualified person means a disqualified corporation or a disqualified individual;
environmental harm has the same meaning as in the Environmental Management and Pollution Control Act 1994 ;
first regulatory period means the period fixed under section 65(12)(a) ;
infrastructure , in relation to a regulated entity, means infrastructure owned by, or under the management and control of, the regulated entity;
interim licence means an interim licence granted under section 89 ;
licence means a licence granted under section 35(1) or a temporary licence granted under section 43(5) ;
occupier of land means a person who has, or is entitled to, possession or control of the land and includes –
(a) a person who occupies the land or part of the land jointly or in common with any other person; and
(b) a person who occupies part of the land;
officer has the same meaning as in the Corporations Act 2001 of the Commonwealth;
Ombudsman means the Ombudsman appointed under the Ombudsman Act 1978 ;
person includes an Agency, a statutory authority and an emanation of the Crown;
price means the price or price range however designated –
(a) for the provision of a regulated service; or
(b) for developer charges for water infrastructure and sewerage infrastructure –
and includes a charge or tariff or particular factor, policy or a formula used in fixing the price;
price and service plan means a price and service plan approved under section 65 ;
price determination means a price determination by the Regulator under section 66 ;
record includes –
(a) a documentary record; and
(b) a record made by an electronic, electromagnetic, photographic or optical process;
Regional Corporation has the same meaning as in the Water and Sewerage Corporations Act 2008 ;
regulated activity means an activity for which a person is required to hold a licence or interim licence granted under this Act and includes the provision of a regulated service;
regulated entity means –
(a) a person holding a licence or an interim licence granted under this Act; or
(b) a person deemed to hold a licence under section 32 ; or
(c) a person who has surrendered his or her licence under this Act; or
(d) a person whose licence has been cancelled or suspended; or
(e) a person who has obligations under section 33 ; or
(f) a person who, but for an exemption under section 90 , would be required to hold a licence under section 30 ;
regulated service means the provision of a water service or a sewerage service by a regulated entity;
regulations means regulations made and in force under this Act;
Regulator means the Water and Sewerage Economic Regulator referred to in section 11 ;
regulatory period  means the regulatory period fixed under section 65(12) or declared under section 65(13) ;
related person , in relation to –
(a) an individual, means some other individual who is the first-mentioned individual's –
(i) employer, employee or partner; or
(ii) a partner, within the meaning of the Relationships Act 2003 , parent, step-parent, grandparent, child, step-child, grandchild, sibling, step-sibling, nephew or niece; or
(b) a body corporate, means a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth;
reserve supplier means a person who is declared to be a reserve supplier under section 49 ;
sewage includes trade waste;
sewerage infrastructure means any infrastructure that is, or is to be, used for –
(a) the collection or storage of sewage; or
(b) the conveyance or reticulation of sewage; or
(c) the treatment of sewage, including any outfall pipe or other work that stores or conveys water leaving the infrastructure used for the treatment of sewage; or
(d) any other infrastructure used in connection with sewage and declared to be sewerage infrastructure by the Minister by order –
but does not include –
(e) any pipe, fitting or apparatus that is situated upstream of a customer's connection point to a sewer main; or
(f) infrastructure situated entirely within the one land holding and not connected to any other infrastructure situated within another land holding; or
(g) any other infrastructure used in connection with sewage and declared not to be sewerage infrastructure by the Minister by order;
sewerage service means –
(a) a service that is provided in connection with the collection, storage, treatment, conveyance or reticulation of sewage and includes a retail service for the collection of sewage; or
(b) any other service declared to be a sewerage service by the Minister by order;
statutory authority means a body or authority, whether incorporated or not, that is established or constituted under a written law or under the royal prerogative, being a body or authority which, or of which, the governing authority wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority, but does not include an Agency;
step-in-operator  – see section 56(2) ;
step-in-order  – see section 55(1) ;
trade waste means the liquid waste generated by any industry, business, trade or manufacturing process;
water includes recycled water and re-use water, but does not include sewage;
water infrastructure means any infrastructure that is, or is to be, used for –
(a) the collection or storage of water, including from a dam or reservoir or a water production plant; or
(b) the treatment of water; or
(c) the conveyance or reticulation of water; or
(d) any other infrastructure used in connection with water and declared to be water infrastructure by the Minister by order –
but does not include –
(e) any pipe, fitting or apparatus that is situated downstream of a customer's connection point to a water main; or
(f) any pipe, fitting or apparatus that is situated upstream of a customer's connection point to a stormwater drain; or
(g) infrastructure situated entirely within the one landholding and not connected to any other infrastructure situated within another landholding; or
(h) any other infrastructure used in connection with water that is declared not to be water infrastructure by the Minister by order;
water service means a service that is provided in connection with the collection, storage, treatment, conveyance, reticulation or supply of water and includes a retail service for the supply of water, but does not include –
(a) supply or use of water for irrigation purposes; or
(b) supply or use of water in connection with the generation of electricity.



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