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This is a Bill, not an Act. For current law, see the Acts databases.


WATER LEGISLATION AMENDMENT (COMPETITION POLICY) BILL 2005

                      Western Australia


Water Legislation Amendment (Competition
             Policy) Bill 2005

                           CONTENTS


      Part 1 -- Preliminary
1.    Short title                                         2
2.    Commencement                                        2
      Part 2 -- Country Areas Water Supply
           Act 1947
3.    The Act amended                                     3
4.    Section 5 amended                                   3
5.    Section 14 amended                                  3
6.    Section 38 amended                                  4
7.    Section 71 repealed and consequential amendments
      (including to Water Services Licensing Act 1995)    4
8.    Section 81 amended                                  4
9.    Section 82 repealed and consequential amendment     4
10.   Section 83 inserted                                 5
11.   Section 88A inserted                                6
12.   Section 112 amended                                 6
13.   Section 113 amended                                 7
14.   Section 114 amended                                 7
      Part 3 -- Country Towns Sewerage
           Act 1948
15.   The Act amended                                     8
16.   Section 3 amended                                   8
17.   Section 11 amended                                  8
18.   Section 24 amended                                  9
19.   Section 32 amended                                  9
20.   Section 33 amended                                 10

                            051--1                        page i
Water Legislation Amendment (Competition Policy) Bill 2005



Contents



   21.     Section 34 amended                                   10
   22.     Section 36 amended                                   10
   23.     Section 37 amended                                   11
   24.     Section 39 amended                                   11
   25.     Section 42 amended                                   11
   26.     Section 44 amended                                   11
   27.     Section 79 amended                                   11
   28.     Section 81 repealed and consequential amendment to
           Water Services Licensing Act 1995                    11
   29.     Section 82 inserted                                  12
   30.     Section 110 amended                                  13
   31.     Section 111 amended                                  13
   32.     Section 112 repealed                                 13
           Part 4 -- Land Administration Act 1997
   33.     The Act amended                                      14
   34.     Section 159 amended                                  14
   35.     Section 160 amended                                  14
           Part 5 -- Metropolitan Water Supply,
                Sewerage, and Drainage Act 1909
   36.     The Act amended                                      15
   37.     Section 5 amended                                    15
   38.     Section 15 amended                                   15
   39.     Section 63 amended                                   15
   40.     Section 64 amended                                   15
   41.     Section 68 amended                                   16
   42.     Section 69 amended                                   16
   43.     Section 109 amended                                  16
   44.     Section 112 inserted                                 17
   45.     Section 124A repealed and heading deleted            18
   46.     Section 146 amended                                  18
   47.     Section 156 amended                                  18
   48.     Section 157 amended                                  18
   49.     Section 158 amended                                  18
   50.     Section 158A amended                                 18
   51.     Section 160 amended                                  19
   52.     Seventh and Eighth Schedules repealed                19
   53.     Sentencing Act 1995 amended                          19



page ii
        Water Legislation Amendment (Competition Policy) Bill 2005



                                                         Contents



      Part 6 -- Rights In Water and Irrigation
           Act 1914
54.   The Act amended                                       20
55.   Section 73 amended                                    20
      Part 7 -- Water Agencies (Powers)
           Act 1984
56.   The Act amended                                       21
57.   Section 41 amended                                    21
58.   Section 41A repealed                                  21
59.   Section 41B repealed                                  21
60.   Part III Division 2 inserted and consequential
      amendment to Water Services Licensing Act 1995        21
61.   Section 75 amended                                    23
62.   Section 81 amended and transitional                   23
      Part 8 -- Water Services Licensing
           Act 1995
63.   The Act amended                                       25
64.   Section 3 amended                                     25
65.   Part 3 Division 8A inserted                           25
66.   Part 3 Division 8B inserted                           29
67.   Schedule 2 amended                                    31




                                                           page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Water Legislation Amendment (Competition
               Policy) Bill 2005


                               A Bill for


An Act to amend various Acts relating to water for the purposes of
competition policy, and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
    Water Legislation Amendment (Competition Policy) Bill 2005
    Part 1          Preliminary

    s. 1



                             Part 1 -- Preliminary
    1.         Short title
               This is the Water Legislation Amendment (Competition Policy)
               Act 2005.

5   2.         Commencement
         (1)   This Act comes into operation on a day fixed by proclamation.
         (2)   Different days may be fixed under subsection (1) for different
               provisions.




    page 2
                 Water Legislation Amendment (Competition Policy) Bill 2005
                         Country Areas Water Supply Act 1947         Part 2

                                                                           s. 3



          Part 2 -- Country Areas Water Supply Act 1947
     3.     The Act amended
            The amendments in this Part are to the Country Areas Water
            Supply Act 1947* unless otherwise stated.
 5          [* Reprinted as at 19 March 1999.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2004, Table 1, p. 98.]

     4.     Section 5 amended
            Section 5(1) is amended after the definition of "prescribed" by
10          inserting the following definition --
            "
                 "Registrar of Deeds" means the Registrar of Deeds
                    and Transfers under the Registration of Deeds
                    Act 1856;
15                                                                            ".

     5.     Section 14 amended
            Section 14(1) is amended by deleting all of the subsection after
            "in addition to the powers conferred by those Acts," and
            inserting instead --
20          "
                 the powers conferred by the Public Works Act 1902
                 except that the Public Works Act 1902 is to be read and
                 construed as though --
                   (a) a reference in it to the Minister administering
25                       that Act were a reference to the Corporation;
                         and
                   (b) the provisions of the Water Agencies (Powers)
                         Act 1984 relating to entry onto land and the
                         giving of notice had effect in substitution for
30                       the provisions of Part 9 of the Land


                                                                       page 3
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 2          Country Areas Water Supply Act 1947

     s. 6



                             Administration Act 1997 relating to those
                             matters, in relation to the construction of public
                             works under the Public Works Act 1902.
                                                                                  ".

 5   6.         Section 38 amended
                Section 38(2) is repealed.

     7.         Section 71 repealed and consequential amendments
                (including to Water Services Licensing Act 1995)
          (1)   Section 71 is repealed.
10        (2)   Section 115(1) is amended in Table 2 by deleting "71(2)".
          (3)   Section 115(3) is amended by deleting ", 71".
          (4)   The Water Services Licensing Act 1995* Schedule 2 Part 2 is
                amended under the heading "Country Areas Water Supply
                Act 1947" by deleting "s.71".
15              [* Reprinted as at 28 July 2000.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 485.]

     8.         Section 81 amended
                Section 81 is amended by deleting "or by sale as hereinafter
20              mentioned,".

     9.         Section 82 repealed and consequential amendment
          (1)   Section 82 is repealed.
          (2)   Section 115(1) is amended in Table 2 by deleting "82".




     page 4
                       Water Legislation Amendment (Competition Policy) Bill 2005
                               Country Areas Water Supply Act 1947         Part 2

                                                                                s. 10



     10.         Section 83 inserted
                 Part VII Division 2 is amended by inserting before section 84
                 the following section --
     "
 5         83.         Application and expiry of this Division
                 (1)   Notice cannot be given under section 85(1) after
                       section 10 of the Water Legislation Amendment
                       (Competition Policy) Act 2005 comes into operation.
                 (2)   For the purposes of this section, the time when notice is
10                     given under section 85(1) is when --
                         (a) it has been given to every person to whom that
                               provision requires it to be given; and
                         (b)   it has been affixed upon the relevant land as
                               required by section 85(2).
15               (3)   When there is no longer any old section 85(1) notice in
                       relation to which the other sections of this Division
                       have any further effect, the Minister is required to
                       publish a notice in the Government Gazette stating that
                       this Division expires at the end of the day on which the
20                     notice is published in the Government Gazette.
                 (4)   In subsection (3) --
                       "old section 85(1) notice" means a notice that was
                            given under section 85(1) at the time of, or before,
                            the coming into operation of section 10 of the
25                          Water Legislation Amendment (Competition
                            Policy) Act 2005.
                 (5)   This Division expires as stated in the Minister's notice
                       under subsection (3).
                                                                                   ".




                                                                               page 5
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 2          Country Areas Water Supply Act 1947

     s. 11



     11.       Section 88A inserted
               Part VII Division 3 is amended by inserting before section 89
               the following section --
     "
 5           88A.      Application and expiry of this Division
               (1)     Notice cannot be given under section 90 after
                       section 11 of the Water Legislation Amendment
                       (Competition Policy) Act 2005 comes into operation.
               (2)     For the purposes of this section, the time when notice is
10                     given under section 90 is when all of the notice
                       requirements of that section have been satisfied.
               (3)     When there is no longer any old section 90 notice in
                       relation to which the other sections of this Division
                       have any further effect, the Minister is required to
15                     publish a notice in the Government Gazette stating that
                       this Division expires at the end of the day on which the
                       notice is published in the Government Gazette.
               (4)     In subsection (3) --
                       "old section 90 notice" means a notice that was
20                          given under section 90 at the time of, or before,
                            the coming into operation of section 11 of the
                            Water Legislation Amendment (Competition
                            Policy) Act 2005.
               (5)     This Division expires as stated in the Minister's notice
25                     under subsection (3).
                                                                                   ".

     12.       Section 112 amended
               Section 112 is amended by deleting "$500." and inserting
               instead --
30             "     $5 000.   ".


     page 6
               Water Legislation Amendment (Competition Policy) Bill 2005
                       Country Areas Water Supply Act 1947         Part 2

                                                                      s. 13



    13.   Section 113 amended
          Section 113(1) is amended by deleting "$4 000 or imprisonment
          for 12 months." and inserting instead --
          "   $10 000.   ".

5   14.   Section 114 amended
          Section 114 is amended by deleting "or the Corporation".




                                                                     page 7
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 3          Country Towns Sewerage Act 1948

     s. 15



                 Part 3 -- Country Towns Sewerage Act 1948
     15.         The Act amended
                 The amendments in this Part are to the Country Towns
                 Sewerage Act 1948* unless otherwise stated.
 5               [* Reprinted as at 9 November 2001.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2004, Table 1, p. 101-2.]

     16.         Section 3 amended
                 Section 3(1) is amended after the definition of "prescribed" by
10               inserting the following definition --
                 "
                      "Registrar of Deeds" means the Registrar of Deeds
                         and Transfers under the Registration of Deeds
                         Act 1856;
15                                                                                 ".

     17.         Section 11 amended
           (1)   Section 11(1) is amended by deleting all of the subsection after
                 "in addition to the powers conferred by those Acts," up to the
                 end of paragraph (b) and inserting instead --
20               "
                      the powers conferred by the Public Works Act 1902
                      except that the Public Works Act 1902 is to be read and
                      construed as though --
                        (a) a reference in it to the Minister administering
25                            that Act were a reference to the Corporation;
                              and
                        (b) the provisions of the Water Agencies (Powers)
                              Act 1984 relating to entry onto land and the
                              giving of notice had effect in substitution for
30                            the provisions of Part 9 of the Land
                              Administration Act 1997 relating to those

     page 8
                           Water Legislation Amendment (Competition Policy) Bill 2005
                                     Country Towns Sewerage Act 1948           Part 3

                                                                                    s. 18



                                   matters, in relation to the construction of public
                                   works under the Public Works Act 1902.
                                                                                        ".
           (2)   Section 11(1) is amended by deleting "Provided that the
 5               Corporation shall not exercise any of such powers in any
                 locality, not being situate in a sewerage area where the local
                 government of the district in which such locality is situate is
                 itself desirous of undertaking such works.".

     18.         Section 24 amended
10               Section 24(2) is amended as follows:
                   (a) by deleting "by the Corporation but at the expense and
                        risk of the water board," and inserting instead --
                 "
                           by, and at the expense and risk of, the Corporation,
15                                                                                    ";
                     (b)     by deleting "fixtures; for which purposes or any of them
                             the Corporation may give such directions to the water
                             board as the Corporation may think fit, and it shall be
                             the duty of the water board to give effect to all such
20                           directions according to their tenor, and within the time
                             and in the manner stated in the direction." and inserting
                             instead --
                             " fixtures. ".

     19.         Section 32 amended
25               Section 32 is amended by deleting "forfeit and pay to the
                 Corporation a sum not exceeding $2 000," and inserting
                 instead --
                 "
                       be liable to a penalty not exceeding --
30                       (c) for an individual -- $10 000; or
                         (d) for a body corporate -- $20 000,
                                                                                        ".


                                                                                  page 9
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 3          Country Towns Sewerage Act 1948

     s. 20



     20.       Section 33 amended
               Section 33 is amended by deleting "forfeit and pay to the
               Corporation a sum not exceeding $1 000, and $100 for every
               day during which such default shall continue." and inserting
 5             instead --
               "
                         be liable to a penalty not exceeding --
                           (a) for an individual -- $10 000; or
                           (b) for a body corporate -- $20 000.
10                                                                                 ".

     21.       Section 34 amended
               Section 34 is amended as follows:
                 (a) by deleting "forfeit and pay to the Corporation a sum not
                      exceeding $2 000" and inserting instead --
15             "
                         be liable to a penalty not exceeding --
                           (c) for an individual -- $10 000; or
                           (d) for a body corporate -- $20 000,
                                                                                   ";
20                 (b)    by deleting "ascertained, determined, and recovered in
                          the same manner as such forfeited sum." and inserting
                          instead --
               "
                         recoverable as a debt in a court of competent
25                       jurisdiction.
                                                                                   ".

     22.       Section 36 amended
               Section 36(3) is amended by deleting ", not exceeding 5%,".




     page 10
                      Water Legislation Amendment (Competition Policy) Bill 2005
                                Country Towns Sewerage Act 1948           Part 3

                                                                                s. 23



     23.         Section 37 amended
                 Section 37(2) is amended by deleting "5% per annum or at such
                 lesser" and inserting instead --
                 "   such   ".

 5   24.         Section 39 amended
                 Section 39(1) is amended by deleting "forfeit and pay" and
                 inserting instead --
                 "   be liable to   ".

     25.         Section 42 amended
10               Section 42(2) is amended by deleting "forfeit and pay a sum"
                 and inserting instead --
                 "   be liable to a penalty   ".

     26.         Section 44 amended
                 Section 44 is amended by deleting "forfeit for every such
15               offence a sum not exceeding $1 000 over and above" and
                 inserting instead --
                 "
                       be liable for every such offence to a penalty not
                       exceeding $1 000 and shall, in addition, be liable to
20                     pay to the Corporation
                                                                                  ".

     27.         Section 79 amended
                 Section 79 is amended by deleting "or by sale as hereinafter
                 mentioned,".

25   28.         Section 81 repealed and consequential amendment to Water
                 Services Licensing Act 1995
           (1)   Section 81 is repealed.


                                                                           page 11
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 3          Country Towns Sewerage Act 1948

     s. 29



           (2)     The Water Services Licensing Act 1995* Schedule 2 Part 3 is
                   amended under the heading "Country Towns Sewerage
                   Act 1948" by deleting "s.81".
                   [* Reprinted as at 28 July 2000.
 5                    For subsequent amendments see Western Australian
                      Legislation Information Tables for 2004, Table 1, p. 485.]

     29.           Section 82 inserted
                   Part VII Division (2) is amended by inserting before section 83
                   the following section --
10   "
             82.         Application and expiry of this Division
                   (1)   Notice cannot be given under section 84 after
                         section 29 of the Water Legislation Amendment
                         (Competition Policy) Act 2005 comes into operation.
15                 (2)   For the purposes of this section, the time when notice is
                         given under section 84 is when all of the notice
                         requirements of that section have been satisfied.
                   (3)   When there is no longer any old section 84 notice in
                         relation to which the other sections of this Division
20                       have any further effect, the Minister is required to
                         publish a notice in the Government Gazette stating that
                         this Division expires at the end of the day on which the
                         notice is published in the Government Gazette.
                   (4)   In subsection (3) --
25                       "old section 84 notice" means a notice that was
                              given under section 84 at the time of, or
                              before, the coming into operation of
                              section 29 of the Water Legislation
                              Amendment (Competition Policy) Act 2005.
30                 (5)   This Division expires as stated in the Minister's notice
                         under subsection (3).
                                                                                     ".

     page 12
                Water Legislation Amendment (Competition Policy) Bill 2005
                          Country Towns Sewerage Act 1948           Part 3

                                                                      s. 30



     30.   Section 110 amended
           Section 110 is amended by deleting "$500." and inserting
           instead --
           "   $5 000.    ".

 5   31.   Section 111 amended
           Section 111 is amended by deleting "$4 000, and to be
           imprisoned for any period not exceeding 12 months." and
           inserting instead --
           "   $10 000.    ".

10   32.   Section 112 repealed
           Section 112 is repealed.




                                                                  page 13
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 4          Land Administration Act 1997

     s. 33



                Part 4 -- Land Administration Act 1997
     33.       The Act amended
               The amendments in this Part are to the Land Administration
               Act 1997*.
 5             [* Reprinted as at 22 June 2001.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 240-1.]

     34.       Section 159 amended
               Section 159 is amended by inserting after paragraph (e) the
10             following paragraph --
                   "
                       (ea)   the Minister responsible for administering the
                              Water Services Licensing Act 1995;
                                                                                 ".

15   35.       Section 160 amended
               Section 160(1) is amended as follows:
                 (a) in paragraph (e), by deleting "or Corporation" in both
                      places where it occurs;
                (b) by inserting after paragraph (e) the following
20                    paragraph --
                   "
                       (ea)   in the case of the Minister referred to in
                              section 159(ea), to the holder of a licence
                              granted for the purposes of section 18 of the
25                            Water Services Licensing Act 1995 or to any
                              officer of the holder of the licence;
                                                                                 ".




     page 14
                   Water Legislation Amendment (Competition Policy) Bill 2005
     Metropolitan Water Supply, Sewerage, and Drainage Act 1909        Part 5

                                                                              s. 36



       Part 5 -- Metropolitan Water Supply, Sewerage, and
                      Drainage Act 1909
     36.         The Act amended
                 The amendments in this Part are to the Metropolitan Water
 5               Supply, Sewerage, and Drainage Act 1909* unless otherwise
                 stated.
                 [* Reprinted as at 29 January 1999.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2004, Table 1, p. 287.]

10   37.         Section 5 amended
                 Section 5(1) is amended after the definition of "prescribed" by
                 inserting the following definition --
                 "
                       "Registrar of Deeds" means the Registrar of Deeds
15                        and Transfers under the Registration of Deeds
                          Act 1856;
                                                                                   ".

     38.         Section 15 amended
                 Section 15 is amended by deleting "or the Corporation".

20   39.         Section 63 amended
                 Section 63(1) is amended by deleting "forfeit and pay" and
                 inserting instead --
                 "   be liable to   ".

     40.         Section 64 amended
25         (1)   Section 64(2) is amended by deleting "$80," and inserting
                 instead --
                 "   $1 000,   ".


                                                                           page 15
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 5          Metropolitan Water Supply, Sewerage, and Drainage Act 1909

     s. 41



           (2)   Section 64(4) is amended by deleting "$40." and inserting
                 instead --
                 "    $500.      ".

     41.         Section 68 amended
 5               Section 68 is amended by deleting "forfeit for every such
                 offence a sum not exceeding $1 000 over and above" and
                 inserting instead --
                 "
                           be liable for every such offence to a penalty not
10                         exceeding $1 000 and shall, in addition, be liable to
                           pay to the Corporation
                                                                                     ".

     42.         Section 69 amended
                 Section 69 is amended as follows:
15                 (a) by deleting "exceeding $2 000," and inserting instead --
                 "
                           exceeding --
                             (a) for an individual -- $10 000; or
                             (b) for a body corporate -- $20 000,
20                                                                                   ";
                     (b)    by deleting "ascertained, determined, and recovered in
                            the same manner as such forfeited sum." and inserting
                            instead --
                 "
25                         recoverable as a debt in a court of competent
                           jurisdiction.
                                                                                     ".

     43.         Section 109 amended
                 Section 109 is amended by deleting "or by sale as hereinafter
30               mentioned,".

     page 16
                   Water Legislation Amendment (Competition Policy) Bill 2005
     Metropolitan Water Supply, Sewerage, and Drainage Act 1909        Part 5

                                                                              s. 44



     44.     Section 112 inserted
             Part VIII is amended by inserting after the heading before
             section 113 the following section --
     "
 5         112.     Application and expiry of this Division
              (1)   Notice cannot be given under section 114(1) after
                    section 44 of the Water Legislation Amendment
                    (Competition Policy) Act 2005 comes into operation.
              (2)   For the purposes of this section, the time when notice is
10                  given under section 114(1) is when --
                      (a) it has been given to every person to whom that
                            provision requires it to be given; and
                     (b)   it has been affixed upon the relevant land as
                           required by section 114(3).
15            (3)   When there is no longer any old section 114(1) notice
                    in relation to which the other sections of this Division
                    have any further effect, the Minister is required to
                    publish a notice in the Government Gazette stating that
                    this Division expires at the end of the day on which the
20                  notice is published in the Government Gazette.
              (4)   This Division expires as stated in the Minister's notice
                    under subsection (3).
              (5)   In this section --
                    "old section 114(1) notice" means a notice that was
25                       given under section 114(1) at the time of, or
                         before, the coming into operation of section 44 of
                         the Water Legislation Amendment (Competition
                         Policy) Act 2005;
                    "this Division" means this section and sections 113
30                       to 117 and the heading before this section.
                                                                                ".



                                                                        page 17
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 5          Metropolitan Water Supply, Sewerage, and Drainage Act 1909

     s. 45



     45.       Section 124A repealed and heading deleted
               Section 124A is repealed and the heading before that section is
               deleted.

     46.       Section 146 amended
 5             Section 146(1)(20) is amended by deleting "Corporation; and
               prohibiting the sale by any person to whom water is supplied by
               the Corporation of water supplied, except with the authority in
               writing of the Corporation." and inserting instead --
               "   Corporation.     ".

10   47.       Section 156 amended
               Section 156 is amended in the penalty provision by deleting
               "$500." and inserting instead --
               "   $5 000.    ".

     48.       Section 157 amended
15             Section 157 is amended in the penalty provision by deleting
               "$1 000." and inserting instead --
               "   $10 000.    ".

     49.       Section 158 amended
               Section 158 is amended by deleting "or the Corporation".

20   50.       Section 158A amended
               Section 158A is amended by deleting "$200 and if the offence is
               a continuing one to a further fine not exceeding $20 for every
               day or part of a day during which the offence has continued."
               and inserting instead --
25             "   $10 000.    ".




     page 18
                   Water Legislation Amendment (Competition Policy) Bill 2005
     Metropolitan Water Supply, Sewerage, and Drainage Act 1909        Part 5

                                                                            s. 51



     51.         Section 160 amended
                 Section 160 is amended by deleting "or the Corporation" in the
                 3 places where it occurs.

     52.         Seventh and Eighth Schedules repealed
 5               The Seventh Schedule and the Eighth Schedule are repealed.

     53.         Sentencing Act 1995 amended
           (1)   The amendments in this section are to the Sentencing Act 1995*.
                 [* Reprint 3 as at 10 October 2003.
                    For subsequent amendments see 2004 Index to Legislation of
10                  Western Australia, Table 1, p. 409.]
           (2)   Schedule 1 is amended as follows:
                   (a) by deleting the item relating to the Metropolitan Water
                        Authority Act 1982;
                  (b) by deleting the item relating to the Metropolitan Water
15                      Supply, Sewerage, and Drainage Act 1909.




                                                                         page 19
    Water Legislation Amendment (Competition Policy) Bill 2005
    Part 6          Rights In Water and Irrigation Act 1914

    s. 54



          Part 6 -- Rights In Water and Irrigation Act 1914
    54.       The Act amended
              The amendment in this Part is to the Rights in Water and
              Irrigation Act 1914*.
5             [* Reprinted as at 10 January 2001.
                 For subsequent amendments see Western Australian
                 Legislation Information Tables for 2004, Table 1, p. 389.]

    55.       Section 73 amended
              Section 73 is amended by deleting "or the Corporation".




    page 20
                         Water Legislation Amendment (Competition Policy) Bill 2005
                                    Water Agencies (Powers) Act 1984         Part 7

                                                                               s. 56



                 Part 7 -- Water Agencies (Powers) Act 1984
     56.           The Act amended
                   The amendments in this Part are to the Water Agencies
                   (Powers) Act 1984*.
 5                 [* Reprinted as at 4 January 2000.
                      For subsequent amendments see Western Australian
                      Legislation Information Tables for 2004, Table 1, p. 481.]

     57.           Section 41 amended
           (1)     Section 41(1)(g) is amended as follows:
10                  (a) by deleting ", notwithstanding the limits imposed by
                          sections 41A and 41B,";
                    (b) by deleting ", subject to those limits,".
           (2)     Section 41(1)(k) is amended by deleting "but subject to
                   section 41A,".

15   58.           Section 41A repealed
                   Section 41A is repealed.

     59.           Section 41B repealed
                   Section 41B is repealed.

     60.           Part III Division 2 inserted and consequential amendment to
20                 Water Services Licensing Act 1995
           (1)     After Part III Division 1A the following Division is inserted --
     "
                          Division 2 -- Agreements as to charges
             42.         Agreements for different liability
25                 (1)   The Corporation and a person who would be liable to
                         pay a statutory charge (the "customer") may agree


                                                                             page 21
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 7          Water Agencies (Powers) Act 1984

     s. 60



                       that, instead of becoming liable to pay a statutory
                       charge described in the agreement, the customer will
                       become liable as specified in the agreement.
               (2)     The agreement may provide for statutory charge
 5                     provisions identified in the agreement to apply, with
                       any modifications that may be agreed, in relation to the
                       customer's agreed liability.
               (3)     The agreement has effect according to its terms, except
                       that a person who is not bound by the agreement
10                     cannot be placed in a less favourable position than the
                       person would have been in if the agreement had not
                       been made.
               (4)     In this section --
                       "agreed liability" means the customer's liability under
15                          the agreement that is instead of liability to pay the
                            statutory charge;
                       "statutory charge" means a charge under Division 1A
                            relating to the provision by the Corporation of
                            water services in relation to land;
20                     "statutory charge provisions" means provisions of
                            this Act or a relevant Act that would have applied
                            in relation to the customer's liability to pay a
                            statutory charge if the customer's agreed liability
                            had not been substituted for it.
25                                                                                  ".
        (2)    The Water Services Licensing Act 1995* Schedule 2 Part 1 is
               amended under the heading "Water Agencies (Powers)
               Act 1984" by inserting after "s.41M" --
               "     s.42   ".
30             [* Reprinted as at 28 July 2000.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 485.]


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                      Water Legislation Amendment (Competition Policy) Bill 2005
                                 Water Agencies (Powers) Act 1984         Part 7

                                                                                   s. 61



     61.         Section 75 amended
                 Section 75(1) is amended as follows:
                   (a) by deleting "seeks to acquire" and inserting instead --
                        " seeks the acquisition of ";
 5                (b) by deleting "Commission or the Corporation may,
                        subject to section 81(11), acquire such lesser estate or
                        interest and shall not be required to acquire" and
                        inserting instead --
                 "
10                     lesser estate or interest may, subject to section 81(11),
                       be acquired instead of acquiring
                                                                                     ".

     62.         Section 81 amended and transitional
           (1)   Section 81(4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) are
15               amended by deleting "or the Corporation" in each place where it
                 occurs.
           (2)   Any procedure that --
                  (a) has begun under the Water Agencies (Powers) Act 1984
                        section 81 in relation to --
20                         (i) the acquisition by the Corporation of land or an
                               estate or interest in land; or
                          (ii) the claiming, determination, assessment or
                               recovery of compensation payable by the
                               Corporation in relation to such an acquisition;
25                      and
                  (b) has not been completed immediately before the
                        commencement of this section,
                 may be continued and completed under section 81 of that Act as
                 if subsection (1) had not been enacted.




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Part 7          Water Agencies (Powers) Act 1984

s. 62



   (3)    In subsection (2) --
          "Corporation" has the meaning given to that term in the Water
               Agencies (Powers) Act 1984 section 3(1).




page 24
                   Water Legislation Amendment (Competition Policy) Bill 2005
                              Water Services Licensing Act 1995        Part 8

                                                                            s. 63



            Part 8 -- Water Services Licensing Act 1995
     63.     The Act amended
             The amendments in this Part are to the Water Services Licensing
             Act 1995*.
 5           [* Reprinted as at 28 July 2000.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2004, Table 1, p. 485.]

     64.     Section 3 amended
             Section 3 is amended after the definition of "plumber" by
10           inserting the following definition --
             "
                   "Registrar of Deeds" means the Registrar of Deeds
                      and Transfers under the Registration of Deeds
                      Act 1856;
15                                                                              ".

     65.     Part 3 Division 8A inserted
             After Part 3 Division 8 the following Division is inserted --
     "
                    Division 8A -- Powers relating to land
20         44A.    Power of public authority to grant certain interests
             (1)   In this section --
                   "public authority" means --
                        (a) a Minister of the State;
                        (b) an agency, authority or instrumentality of the
25                            State or a local government; or
                        (c) a body, whether corporate or unincorporate,
                              that is established or continued for a public
                              purpose by or under a written law and
                              prescribed for the purposes of this definition;

                                                                        page 25
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     s. 65



                     "relevant interest" means a lease, easement, licence
                         or other authority necessary or expedient to enable
                         the licensee to construct, alter, operate or maintain
                         water services works.
 5             (2)   A public authority may grant to a licensee, on such
                     terms and conditions as are agreed between the
                     authority and the licensee, a relevant interest in respect
                     of land held by the public authority in fee simple.

             44B.    Taking of interest or easement for purposes of
10                   licence
               (1)   For the purpose of enabling a licensee to provide any
                     water service as authorised by a licence, an interest in
                     land or easement over land may be taken under Part 9
                     of the Land Administration Act 1997 as if for a public
15                   work within the meaning of that Act.
               (2)   The power conferred by subsection (1) can only be
                     exercised on the recommendation of the Minister
                     administering this Act.
               (3)   If requested to do so in a written objection served
20                   under section 175 of the Land Administration Act 1997,
                     the Minister as defined in section 3(1) of that Act (the
                     "LAA Minister"), after consultation with the licensee,
                     may vary the proposal to take an interest or easement
                     in accordance with this section so that --
25                      (a) instead of the whole of the interest that was
                             proposed to be taken, a lesser estate or interest
                             that is sufficient for the purposes of the licensee
                             is proposed to be taken; or
                       (b) instead of a partial interest that was proposed to
30                           be taken, the whole of an interest is proposed to
                             be taken.
               (4)   The LAA Minister may, by notice published in the
                     Gazette, delegate to the Minister administering this Act

     page 26
             Water Legislation Amendment (Competition Policy) Bill 2005
                        Water Services Licensing Act 1995        Part 8

                                                                        s. 65



             the power conferred on the LAA Minister by
             subsection (3).
       (5)   If in the opinion of the Minister administering this Act
             an interest in land or easement over land is appropriate
 5           to a licensee's needs in respect of --
                (a) major works or general works, as defined in
                      section 86 of the Water Agencies (Powers)
                      Act 1984; or
               (b) any other works of a kind prescribed for the
10                    purposes of this subsection,
             that Minister is to advise the licensee of that opinion
             and the licensee is required to acquire that interest in
             land or easement over land where practicable by
             agreement but otherwise by the taking of the land
15           under Part 9 of the Land Administration Act 1997 as if
             for a public work within the meaning of that Act.
       (6)   The requirement imposed by subsection (5) does not
             extend to land that is vested in, or otherwise occupied
             or managed by or on behalf of, the State or a public
20           authority as defined in section 44A(1).
       (7)   Any costs and expenses incurred in the taking of an
             interest or easement under this section --
               (a) are to be paid by the licensee; and
               (b) may be recovered in a court of competent
25                    jurisdiction as a debt due from the licensee to
                      the State.
       (8)   For the purposes of this section a reference in Part 9 of
             the Land Administration Act 1997 to an interest in land
             includes an easement over land.

30   44C.    Vesting of interest or easement
       (1)   Despite anything in Part 9 of the Land Administration
             Act 1997, on the taking of an interest in land or

                                                                   page 27
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 8          Water Services Licensing Act 1995

     s. 65



                     easement over land under section 44B, the interest or
                     easement vests in the licensee for the purpose of
                     enabling the licensee to provide any water service as
                     authorised by a licence except to the extent that, under
 5                   section 178(7) of that Act, the taking order continues
                     any specified estate, interest, right or privilege of any
                     person to the use, occupation or enjoyment of the land,
                     or any specified part of the land.
               (2)   Part 9 of the Land Administration Act 1997 applies,
10                   with all necessary changes, in relation to the recording
                     or registering of an interest or easement taken under
                     section 44B.
               (3)   Where, whether by agreement or compulsory
                     acquisition, any interest in land or easement is vested
15                   in a licensee and the land is subsequently affected by a
                     taking order under Part 9 of the Land Administration
                     Act 1997 then despite section 179 of that Act --
                       (a) the licensee's interest or easement continues
                              unless the licensee otherwise agrees; and
20                     (b) the licensee is a person having an interest in the
                              land for the purposes of section 202 of that Act.

             44D.    Proceedings and liability
               (1)   Proceedings in respect of compensation, or otherwise
                     for the purpose of complying with Parts 9 and 10 of the
25                   Land Administration Act 1997, may be taken against
                     the licensee.
               (2)   The licensee is liable in respect of the taking of an
                     interest in land or easement over land under
                     section 44B to the same extent as the Minister
30                   administering the Land Administration Act 1997 would
                     have been liable if the taking had been for the purpose
                     of a public work.



     page 28
                   Water Legislation Amendment (Competition Policy) Bill 2005
                              Water Services Licensing Act 1995        Part 8

                                                                            s. 66



           44E.     Easements in gross
                    An easement may be taken under section 44B without
                    there being a dominant tenement and there may be
                    made appurtenant or annexed to any such easement
 5                  another easement or the benefit of a restriction as to the
                    user of the land.
                                                                                 ".

     66.     Part 3 Division 8B inserted
             Before Part 3 Division 9 the following Division is inserted --
10   "
                  Division 8B -- Powers for recovering charges
           44F.     Prohibition on dealings in land
             (1)    In this section --
                    "Registrar" means the Registrar of Titles or Registrar
15                       of Deeds, according to which of them is
                         responsible for registering a memorial referred to
                         in this section;
                    "water services charge", in relation to land, means a
                         charge made under the Water Agencies (Powers)
20                       Act 1984 in respect of that land relating to --
                         (a) the provision of a water supply under the
                                Country Areas Water Supply Act 1947;
                         (b) the provision of sewerage under the Country
                                Towns Sewerage Act 1948; or
25                       (c) the provision, under the Metropolitan Water
                                Supply, Sewerage, and Drainage Act 1909 or
                                the Metropolitan Water Authority Act 1982,
                                of any water services as defined in
                                section 3(1) of the Water Agencies (Powers)
30                              Act 1984,



                                                                         page 29
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 8          Water Services Licensing Act 1995

     s. 66



                         and includes an amount owing for a combination
                         of those charges and also includes interest on any
                         amount owing.
               (2)   This section does not apply to a prescribed licensee or
 5                   a licensee belonging to a prescribed class of licensees.
               (3)   If, in relation to any land, the payment of an amount
                     due to a licensee in respect of any water services
                     charge is in arrears, the licensee may lodge a memorial
                     to that effect with the Registrar who, on payment of the
10                   prescribed fee, is to register the memorial and make
                     appropriate endorsements on the title and records
                     relating to that land.
               (4)   Until the memorial is withdrawn under subsection (5),
                     the Registrar is not to register, without the written
15                   consent of the licensee, an instrument affecting the land
                     that was lodged for registration after the memorial was
                     lodged.
               (5)   If the payment of an amount referred to in a memorial
                     registered under subsection (3) is no longer to any
20                   extent in arrears, the licensee is to withdraw the
                     memorial by delivering to the Registrar a withdrawal
                     of memorial signed by an authorised officer of the
                     licensee, and the Registrar is then to record the
                     withdrawal of memorial on the title and records
25                   relating to the land.
               (6)   A memorial under subsection (3) or withdrawal of
                     memorial under subsection (5) is to be in a form
                     approved by the Registrar.

             44G.    Transitional provision
30                   A memorial that, when section 45 of the Water
                     Legislation Amendment (Competition Policy) Act 2005
                     comes into operation, has been delivered or registered
                     under section 124A of the Metropolitan Water Supply,

     page 30
                           Water Legislation Amendment (Competition Policy) Bill 2005
                                      Water Services Licensing Act 1995        Part 8

                                                                                   s. 67



                           Sewerage, and Drainage Act 1909 but not endorsed
                           under subsection (3) of that section is to be regarded as
                           having been lodged or registered, as the case requires,
                           under this section.
 5                                                                                     ".

     67.         Schedule 2 amended
           (1)   Schedule 2 Part 1 is amended under the heading "Water
                 Agencies (Powers) Act 1984" as follows:
                   (a) by deleting "s.3 (definitions of "officer" and "works")
10                      and inserting instead --
                             " s.3 (definition of "works") ";
                     (b)     by deleting "s.62(1)" and inserting instead --
                             " s.62 ";
                     (c)     after "s.73" by inserting --
15                           "
                                      s.75
                                      s.77
                                      s.78
                                      s.79
                                      s.81
                                                                                       ".
           (2)   Schedule 2 Part 2 is amended under the heading "Country Areas
                 Water Supply Act 1947" by inserting after "s.78" --
                 "    s.81       ".
20         (3)   Schedule 2 Part 2 is amended under the heading "Metropolitan
                 Water Supply, Sewerage and Drainage Act 1909" as follows:
                   (a) after "s.14" by inserting --
                        " s.36 ";
                  (b) after "s.105B" by inserting --
25                      " s.109 ".


                                                                               page 31
     Water Legislation Amendment (Competition Policy) Bill 2005
     Part 8          Water Services Licensing Act 1995

     s. 67



        (4)    Schedule 2 Part 3 is amended under the heading "Metropolitan
               Water Supply, Sewerage and Drainage Act 1909" by inserting
               after "s.70" --
                      "
                                s.103
                                s.109
 5                                                                         ".
        (5)    Schedule 2 Part 4 is amended under the heading "Land
               Drainage Act 1925" as follows:
                 (a) before "s.64" by inserting --
                      " s.60 ";
10              (b) by deleting "s.73", "s.74", "s.81", "s.81A", "s.85",
                      "s.94", and "s.100B".
        (6)    Schedule 2 Part 5 is amended after "s.39E" by inserting --
               "   s.39F   ".




 


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