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


WATER SERVICES BILL 2011

                   Western Australia


         Water Services Bill 2011

                     CONTENTS


      Part 1 -- Preliminary
1.    Short title                                        2
2.    Commencement                                       2
3.    Terms used                                         2
4.    Crown bound                                        8
      Part 2 -- Licensing of water service
           providers
      Division 1 -- Licensing requirement
5.    Requirement for licences                           9
6.    Licensing extends to statutory providers           9
7.    Minister may grant exemptions                      9
      Division 2 -- Licences
8.    Classification of water services                  10
9.    Operating areas                                   10
10.   Application for licence                           11
11.   Grant of licence                                  12
12.   Conditions of licence                             12
13.   Renewal of licence                                15
14.   Duration of licence                               16
15.   Transfer of licence                               16
16.   Person who has provided water services becoming
      licensee                                          17
17.   Amendment of licence -- on initiative of
      Authority                                         17
18.   Amendment or cancellation of licence -- on
      application of licensee                           18
19.   Effect of water resource management plans         18
20.   Other laws not affected                           18

                        202--2                           page i
Water Services Bill 2011



Contents



              Division 3 -- Duties of licensees -- statutory
                     licence conditions
      21.     Duty to provide services and do works                 19
      22.     Provision of water services outside operating areas   20
      23.     Works holding arrangements                            20
      24.     Asset management system                               21
      25.     Operational audit                                     22
      26.     Compliance with codes of practice made by
              Minister                                              23
      27.     Compliance with code of conduct made by
              Authority                                             24
      28.     Code of conduct -- consultative committee              25
      29.     Licensee must comply with duties under Act            26
      30.     Prescribed conditions of licence                      26
              Division 4 -- Failure to comply with licence --
                     enforcement
      31.     Failure to comply with licence                        26
      32.     Right of licensee to make submissions                 27
      33.     Exception -- dangerous situations                      28
              Division 5 -- Ending of licence and cessation of
                     water services
      34.     Cancellation of licence for serious default           28
      35.     Provision of a water service ceasing -- regulations
              may deal with consequences                            30
      36.     Provision of a water service ceasing -- duty to
              leave system in safe condition                        30
              Division 6 -- Water service works and other
                     assets
      37.     Licensee operating with works holding body            31
      38.     Regulations may deal with transfer of assets on
              land not held by asset holder                         32
              Division 7 -- Inspectors
      39.     Terms used                                            33
      40.     Entry for inspection purposes                         34
      41.     General powers for inspection purposes                34
      42.     Power to prohibit use etc.                            35
      43.     Offences                                              36
              Division 8 -- Review of decisions
      44.     Review of certain decisions                           37

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                                                             Contents



      Division 9 -- General licensing provisions
45.   Applications -- additional information                    39
46.   Matters relevant to determination of public interest     39
47.   Notice of and publication of certain decisions           39
48.   Licences to be available for inspection                  40
49.   Regulations about public consultation                    40
      Part 3 -- Last resort supply
           arrangements
50.   Terms used                                               41
51.   Designated areas                                         41
52.   Authority to ensure supply plan in place for
      designated areas                                         41
53.   Requirements for supply plans                            42
54.   How supply plan brought into operation                   42
55.   Appointment of supplier of last resort                   43
56.   Functions of supplier of last resort                     44
57.   Approval or determination of supply plan                 44
58.   Amendment of supply plan                                 45
59.   Supplier of last resort to be treated as licensee        45
60.   Duty to perform functions of supplier of last resort     45
61.   Liability and recovery of costs of supplier of last
      resort                                                   46
62.   Regulations about last resort supply arrangements        47
      Part 4 -- Water services ombudsman
           scheme
      Division 1 -- Preliminary
63.   Terms used                                               49
64.   Regulations about water services ombudsman
      scheme                                                   49
      Division 2 -- Approval of water services
            ombudsman scheme
65.   Authority may approve scheme                             49
66.   Requirements for scheme or amendment to be
      approved                                                 50
67.   Revocation of approval                                   51




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Water Services Bill 2011



Contents



              Division 3 -- Scheme operation
      68.     Customers etc. may have decision or complaint
              reviewed                                               52
      69.     Jurisdiction of courts and tribunals                   52
              Division 4 -- Membership of approved scheme
      70.     Membership of approved scheme                          53
              Part 5 -- Water services
              Division 1 -- Terms used
      71.     Terms used                                             54
              Division 2 -- Provision of water services
                     generally
      72.     Application of this Division in relation to certain
              agreements                                             57
      73.     Statutory entitlement to provision of water services   57
      74.     Terms and conditions of provision of water
              services                                               57
      75.     Agreements about provision of water services           58
      76.     Aspects of certain agreements binding on
              successors                                             60
      77.     Interruption of water services generally               61
      78.     Meters                                                 62
      79.     Accuracy and testing of meters                         62
              Division 3 -- Development and building control,
                     and infrastructure contributions
      80.     Terms used                                             63
      81.     Application of this Division                           63
      82.     Notification of and requirements as to building
              work                                                   63
      83.     Satisfying requirements for additional water
              services                                               65
      84.     Ensuring water service works are done                  68
      85.     Infrastructure contributions                           68
      86.     Property in certain works                              70
      87.     Review of certain decisions under or relating to
              this Division                                          70
              Division 4 -- Protection of works, fittings and
                     fixtures
      88.     Interfering with water service works of licensee       72

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89.    Taking water without or contrary to approval            73
90.    Construction etc. over or in vicinity of water
       service works of licensee                               74
91.    Requirement to use etc. approved fittings, fixtures
       and pipes                                               76
92.    Requirement to maintain etc. fittings, fixtures and
       pipes                                                   77
       Division 5 -- Water supply services
93.    Approval required before connecting to water
       supply                                                  79
94.    No connection of additional water supply without
       approval                                                79
95.    Disconnection or reduction in rate of flow etc.         80
96.    Fire hydrants                                           81
97.    Taking water from fire hydrants                         83
       Division 6 -- Sewerage services
       Subdivision 1 -- Sewer connections
98.    Minister may require connection to sewerage
       works                                                   83
99.    Approval required before connecting to sewer            84
100.   Common sewer connections                                85
       Subdivision 2 -- Discharge of trade waste
101.   Terms used                                              86
102.   Discharge of trade waste without or contrary to
       licensee's approval                                     86
103.   Approval of licensee                                    87
104.   Discharge of trade waste not in accordance with
       approval                                                87
105.   Failure to maintain fittings, fixtures and pipes        88
106.   Compliance notices                                      89
107.   Regulations relating to discharge of trade waste        90
       Division 7 -- Drainage services
108.   Term used: drainage assets                              91
109.   Controlled drainage assets                              91
110.   Minister may require connection to drainage works       93
111.   Approval required before connecting to drainage
       works                                                   94
112.   Requirement to maintain or modify drainage
       assets, etc.                                            94


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Water Services Bill 2011



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      113.    Relationship of this Division to certain other Acts    96
              Division 8 -- Enforcement
              Subdivision 1 -- Entry for compliance purposes
      114.    Term used: compliance purposes                         96
      115.    Entry for compliance purposes                          97
      116.    General powers for compliance purposes                 97
      117.    Offences                                               98
              Subdivision 2 -- Compliance notices
      118.    Application of Subdivision                             99
      119.    Compliance notices                                     99
      120.    Giving compliance notices                             100
      121.    Licensee or Minister may remedy failure to
              comply                                                100
      122.    Review of decisions relating to giving compliance
              notices                                               102
              Division 9 -- Fees and charges for water
                    services
      123.    Licensees may impose fees and charges for water
              services                                              104
      124.    Regulations may provide for water service charges     104
      125.    Supplying groups of dwellings                         108
      126.    Water service charges payable despite change in
              ownership of land or liability to prosecution         108
      127.    Order for payment of water service charges            109
              Division 10 -- General provisions
      128.    Prohibition on dealings in land                       110
      129.    Reading meters etc. and routine inspection and
              maintenance                                           111
      130.    Dangerous situations                                  112
      131.    Approval of licensee subject to conditions            114
              Part 6 -- Powers in relation to water
                   service works
              Division 1 -- Preliminary
      132.    Terms used                                            115
      133.    Major works                                           115
      134.    General works                                         116
      135.    Exempt works                                          117


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       Division 2 -- Provision of water service works
136.   Powers in respect of water service works               117
137.   Exemption of water service works from certain
       planning laws                                          118
138.   Surveys and testing work                               118
139.   Ancillary works powers                                 119
140.   Entry for provision of works etc.                      120
141.   Special provisions applicable to road works            121
       Division 3 -- Major works, requirements for
             public notification and Ministerial
             authorisation
142.   Prerequisites to provision of major works              122
143.   Licensee to prepare plans and publish and give
       notice of major works                                  122
144.   Objections and submissions                             123
145.   Licensee may amend proposal                            124
146.   Submission of proposal to Minister                     124
147.   Powers of Minister in respect of proposal              125
148.   Certain objectors and submitters to be notified of
       authorisation                                          126
149.   Certain alterations, extensions and additions to
       major works                                            126
       Division 4 -- General works, requirements for
             public notification and, in certain cases,
             for Ministerial authorisation
150.   Prerequisites to provision of general works            127
151.   Licensee to prepare plans and give notice of
       general works                                          128
152.   Objections and submissions                             129
153.   Licensee may amend proposal                            129
154.   Submission of proposal to Minister                     130
155.   Powers of Minister in respect of proposal              130
       Division 5 -- Exempt works
156.   No prerequisites under this Part                       131
       Division 6 -- Deviation and modification
157.   Term used: water service works                         131
158.   Plans may indicate possible deviation from line of
       works                                                  131
159.   General power to deviate by up to 20 m                 131


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Water Services Bill 2011



Contents



      160.    Modification by agreement with owner and
              occupier                                               132
      161.    When Minister may authorise deviation or
              modification                                           132
              Division 7 -- Property in water service works
      162.    Property in water service works and things placed
              on land                                                133
      163.    Powers of licensee in respect of water service
              works that are part of land                            134
              Part 7 -- Powers in relation to
                   interests in land
      164.    Terms used                                             135
      165.    Power of public authority to grant certain interests   135
      166.    Taking of interest in land for purposes of licensee    135
      167.    Vesting of interest                                    136
      168.    Easements in gross                                     137
      169.    Subdivision of land -- planning approval                137
      170.    Sale of land                                           137
              Part 8 -- Entry for performance of
                   functions
              Division 1 -- Preliminary
      171.    Terms used                                             138
      172.    Application of this Part                               139
              Division 2 -- Entry for performance of
                    functions
      173.    Entry with consent or under notice or warrant          139
      174.    Notice of entry                                        140
      175.    Rights of occupier of dwelling                         141
      176.    When authorised person must leave etc.                 143
      177.    Power to enter includes power to enter other places    144
      178.    Entry with vehicles and equipment                      144
      179.    Assistance to exercise powers                          144
      180.    Use of force                                           145
      181.    Actions of authorised persons and others               145
      182.    Injunction in support of power of entry                145
      183.    Complaints about exercise of powers                    146



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                                             Water Services Bill 2011



                                                            Contents



       Division 3 -- Warrants to enter
184.   Term used: remote communication                        146
185.   Application for warrant                                147
186.   Contents of application                                147
187.   How application to be made                             147
188.   Issue of warrant                                       149
189.   Contents of warrant                                    150
190.   Execution of warrant                                   150
       Part 9 -- Legal proceedings
       Division 1 -- Legal proceedings
191.   Prosecutions -- who may commence                        152
192.   Time for bringing prosecutions                         152
193.   Continuing offences -- daily penalties                  153
194.   Injunctions to ensure compliance with this Act         153
195.   Court's power to make ancillary orders on
       conviction                                             155
       Division 2 -- Liability of certain persons
196.   Liability of officers of body corporate                156
197.   Liability of principal for acts of agent               157
198.   Liability of employer for offences of employee         158
199.   Conduct on behalf of bodies corporate and
       principals                                             159
       Division 3 -- Evidentiary provisions
200.   Evidence of certain things relating to
       contraventions                                         160
201.   Evidence of authorisation and enforcement matters      161
202.   Evidence of scientific matters                         162
203.   Documentary and signed evidence                        163
204.   Evidence of ownership or occupancy                     164
205.   Evidence of documents and service                      165
206.   Provisions are in addition to Evidence Act 1906        165
       Part 10 -- Administration
       Division 1 -- The Economic Regulation
             Authority
207.   Functions of Authority                                 166
208.   Authority's capacity to authorise or designate
       persons                                                166


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Water Services Bill 2011



Contents



              Division 2 -- Inspectors and compliance officers
     209.     Terms used                                             167
     210.     Designation of inspectors and compliance officers      167
     211.     Limitations on scope of authority of inspectors and
              compliance officers                                    168
              Division 3 -- General matters
     212.     Delegation by Minister                                 169
     213.     Delegation by CEO                                      170
     214.     Information sharing                                    171
     215.     Confidentiality of information                         173
              Part 11 -- Miscellaneous
     216.     Relationship of this Act to Rights in Water and
              Irrigation Act 1914 and Health Act 1911                175
     217.     Licences not personal property for the purposes of
              the Personal Property Securities Act 2009
              (Commonwealth)                                         175
     218.     Liability of certain persons for damage caused in
              exercise of powers                                     175
     219.     Immunity from liability for certain official actions   176
     220.     Limitation of liability for certain actions            177
     221.     Infringement notices and the Criminal Procedure
              Act 2004                                               179
     222.     Regulations                                            180
     223.     Notes in the text                                      184
     224.     Review of Act                                          184
     225.     Transitional provisions                                184
              Schedule 1 -- Transitional provisions
              Division 1 -- Transitional provisions for the
                    commencement of this Act
              Subdivision 1 -- Preliminary
     1.       Terms used                                             185
     2.       New provisions that correspond to old provisions       185
     3.       Relationship of this Division to Water
              Corporations Act 1995 Schedule 5 Division 1            185
              Subdivision 2 -- Application of Interpretation
                    Act 1984
     4.       Application of Interpretation Act 1984                 186


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                                                            Contents



      Subdivision 3 -- General provisions
5.    Continuing effect of licences, exemptions,
      directions, determinations, notices etc.                186
6.    Completion of things commenced before
      commencement day                                        187
7.    Continuing effect of things done before
      commencement day                                        187
8.    References to repealed Acts and old provisions          187
9.    Relationship of this Subdivision to other
      transitional provisions                                 187
      Subdivision 4 -- Specific provisions
10.   Licences and exemptions                                 188
11.   Initial code of conduct under section 27                188
12.   Initial water services ombudsman scheme                 188
13.   Water service works of licensees                        189
14.   Drainage works of the Water Corporation                 190
15.   Relationship of this Subdivision to transitional
      regulations                                             191
      Subdivision 5 -- Transitional regulations
16.   Transitional regulations                                191
      Defined Terms




                                                              page xi
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)



                 Water Services Bill 2011


                               A Bill for


An Act relating to the provision of water services and the regulation
of water service providers, and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Water Services Bill 2011
     Part 1         Preliminary

     s. 1



1                             Part 1 -- Preliminary
2    1.         Short title
3               This is the Water Services Act 2011.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) sections 1 and 2 -- on the day on which this Act
7                      receives the Royal Assent;
8                (b) the rest of the Act -- on a day fixed by proclamation,
9                      and different days may be fixed for different provisions.

10   3.         Terms used
11        (1)   In this Act, unless the contrary intention appears --
12              area associated with a dwelling means --
13                (a) if the dwelling is one of 2 or more dwellings in one
14                      building, the parts of the building and any area around
15                      the building that the occupiers of the dwellings use
16                      exclusively but in common with each other; or
17                (b) otherwise, the area around the dwelling that is used
18                      exclusively by the occupier, such as a driveway, garden
19                      or yard;
20              Authority means the Economic Regulation Authority
21              established by the Economic Regulation Authority Act 2003
22              section 4;
23              CEO means the chief executive officer of the Department;
24              charge means an obligation to pay an amount, but does not
25              include anything described under this Act as a fee;
26              class, of water service, has a meaning affected by section 8;
27              code of conduct means a code of conduct made under
28              section 27;
29              code of practice includes a code of practice made under
30              section 26;

     page 2
                                              Water Services Bill 2011
                                            Preliminary         Part 1

                                                                    s. 3



1    compliance officer has the meaning given in section 71(1);
2    conduit means a pipe placed on land, or an artificial channel or
3    tunnel placed on or a part of land, for conveying water or
4    wastewater, and associated fittings, fixtures and structures;
5    Crown land has the meaning given in the Land Administration
6    Act 1997 section 3(1);
7    customer, of a licensee, means a person to whom water services
8    are provided by the licensee or who is entitled to the provision
9    of water services by the licensee, other than a person who is a
10   member of the licensee;
11   department has the meaning given in the Public Sector
12   Management Act 1994 section 3(1);
13   Department means the department principally assisting in the
14   administration of this Act;
15   drainage assets has the meaning given in section 108;
16   drainage service means, subject to subsection (2), a service --
17     (a) principally constituted by --
18              (i) the management of the flow of stormwater,
19                    surface water or ground water by means of
20                    reticulated drainage assets; or
21             (ii) the management of soil salinity by means of
22                    reticulated drainage assets;
23           and
24     (b) which may include the management of the quality of the
25           water dealt with;
26   dwelling means --
27     (a) a building or structure, or part of a building or structure,
28           that is ordinarily used for human habitation, except
29           common property as defined in the Strata Titles
30           Act 1985 section 3(1); or




                                                                 page 3
     Water Services Bill 2011
     Part 1         Preliminary

     s. 3



1               (b) a mobile home,
2             (whether or not it is uninhabited from time to time) and includes
3             the area associated with the dwelling;
4             exemption means an exemption granted under section 7;
5             inspector has the meaning given in section 39;
6             irrigation means any method of applying water to land for the
7             purpose of agriculture or improvement of pasture;
8             irrigation service means, subject to subsection (2), a service
9             principally constituted by the provision of water for irrigation
10            by means of reticulated conduits and other appropriate irrigation
11            works;
12            licence means a licence granted, transferred or renewed under
13            Part 2 Division 2;
14            licensee means the holder of a licence;
15            member of a licensee means a member of a co-operative,
16            registered under the Co-operatives Act 2009, that is a licensee;
17            meter means a device for measuring or estimating the quantity
18            or flow of liquid passing through the device;
19            mobile home includes a mobile home that is permanently or
20            semi-permanently stationary in a single location;
21            occupier, of land, means a person who is an occupier of the land
22            within the meaning given in the Local Government Act 1995
23            section 1.4;
24            operate, in relation to water service works, includes use;
25            operating area, of a licence, means, for a class of water service
26            authorised by the licence, the area or areas specified in the
27            licence as the operating area or areas of the licence for that class
28            of water service;
29            owner, of land, means a person who is an owner of the land
30            within the meaning given in the Local Government Act 1995
31            section 1.4;
32            place means any land, building, structure or dwelling, or a part
33            of any land, building, structure or dwelling;

     page 4
                                             Water Services Bill 2011
                                           Preliminary         Part 1

                                                                  s. 3



1    Planning Minister means the Minister responsible for the
2    administration of the Planning and Development Act 2005;
3    prescribed means prescribed by regulations made under this
4    Act;
5    prescribed fee means a fee, the amount of which, or the method
6    for determining the amount of which, is prescribed;
7    property connection has the meaning given in section 71(1);
8    provide, in relation to water service works, includes carry out,
9    undertake, construct, install, erect and fabricate;
10   public authority means --
11     (a) a Minister of the State; or
12     (b) an agency, authority or instrumentality of the State; or
13     (c) a body, whether incorporated or not, that is established
14           or continued for a public purpose by or under a written
15           law; or
16     (d) a local government or regional local government;
17   reasonably suspects has the meaning given in the Criminal
18   Investigation Act 2006 section 4;
19   road has the meaning given in the Land Administration
20   Act 1997 section 3(1);
21   sewerage service means, subject to subsection (2), a service
22   principally constituted by the collection, treatment and disposal
23   of wastewater by means of reticulated conduits and other
24   appropriate sewerage works;
25   specified, in relation to an instrument or document made under
26   or referred to in this Act, means specified in that instrument or
27   document;
28   standard terms and conditions of service has the meaning given
29   in section 71(1);
30   statutory penalty has the meaning given in the Sentencing
31   Act 1995 section 4(1);



                                                               page 5
     Water Services Bill 2011
     Part 1         Preliminary

     s. 3



1             statutory water service charge has the meaning given in
2             section 71(1);
3             trade waste has the meaning given in section 101;
4             Treasurer means the Treasurer of the State;
5             wastewater means sewage, and does not include stormwater,
6             surface water or ground water of a type that is ordinarily drained
7             from land as part of the provision of a drainage service;
8             water corporation means a water corporation established by or
9             under the Water Corporations Act 1995 section 4;
10            Water Corporation means the Water Corporation established by
11            the Water Corporations Act 1995 section 4(1);
12            Water Resources Minister means the Minister responsible for
13            the administration of the Water Agencies (Powers) Act 1984;
14            water service means a water supply, sewerage, irrigation or
15            drainage service;
16            water service charge has the meaning given in section 71(1);
17            water service works includes --
18              (a) water supply works, sewerage works, drainage assets
19                    and irrigation works; and
20              (b) surveys, excavations, structures and buildings provided
21                    by or used or intended to be used by a licensee in the
22                    provision of any water service; and
23              (c) plant, equipment and structures attached to or otherwise
24                    associated with the works and things referred to in
25                    paragraphs (a) and (b); and
26              (d) in the case where the works or assets are a part of
27                    land -- the land of which the works or assets are a part;
28            Note: Works or assets that are a part of land include drains, swales and
29                  reservoirs.




     page 6
                                              Water Services Bill 2011
                                            Preliminary         Part 1

                                                                   s. 3



1    water service works of a licensee means water service works
2    used by the licensee in the provision of water services and to
3    which one of the following paragraphs apply --
4      (a) the works are held by the licensee or for the licensee by
5            another person under an agreement with the licensee;
6      (b) the works are not held by or for the licensee but, under
7            an agreement in relation to the works, the licensee can
8            operate and maintain the works to the extent necessary
9            for the licensee to comply with the licensee's obligations
10           under the licence and this Act;
11     (c) in the case of drainage assets that are not held as
12           described in paragraph (a) -- a declaration under
13           section 109 that the assets are controlled by the licensee
14           is in effect;
15     (d) in the case of water service works that are a part of land
16           and that are not held as described in paragraph (a) -- the
17           rights in relation to the works referred to in
18           section 163(1)(b) are held by the licensee or for the
19           licensee by another person under an agreement with the
20           licensee,
21   but does not include a property connection and anything
22   connected to those works via the property connection other than
23   a thing that is owned by the licensee;
24   water supply service means, subject to subsection (2), a service
25   principally constituted by the supply of water (whether or not
26   potable) by means of reticulated conduits and other appropriate
27   water supply works;
28   works power means a power, whether conferred by this Act or
29   not --
30     (a) to provide works for, or in connection with, the
31           provision of a water service authorised by a licence of
32           the licensee; or
33     (b) to maintain, alter, replace, discontinue or remove water
34           service works; or


                                                                page 7
     Water Services Bill 2011
     Part 1         Preliminary

     s. 4



1                 (c)   to do works under a specific power in Part 2 or 5 (for
2                       example, section 31(4)(b), 98(3) or 121),
3               and includes any ancillary or incidental powers.
4         (2)   The regulations may provide that a prescribed kind of service
5               (whether or not provided by reticulated conduits or reticulated
6               drainage assets) is or is not a drainage service, irrigation service,
7               sewerage service or water supply service.
8         (3)   In this Act, a reference to --
9                 (a) works may be read, where the context so requires, as a
10                      reference to any structure, building, plant, equipment or
11                      other thing that results from providing those works; and
12                (b) works that are a part of land is a reference to works that
13                      are an intrinsic part of land (as compared to having been
14                      placed on land); and
15                (c) a thing in land or on land is a reference to a thing that is
16                      in, on, over or under the land, or a part of the land (in
17                      the case of works that are a part of land); and
18                (d) a thing placed on land is a reference to a thing that is
19                      placed in, on, over or under the land; and
20                (e) a thing being placed on land is a reference to a thing
21                      being placed in, on, over or under the land.

22   4.         Crown bound
23              This Act binds the Crown in right of the State and, so far as the
24              legislative power of the State permits, the Crown in all its other
25              capacities.




     page 8
                                                              Water Services Bill 2011
                                   Licensing of water service providers         Part 2
                                                 Licensing requirement     Division 1
                                                                                   s. 5



1               Part 2 -- Licensing of water service providers
2                        Division 1 -- Licensing requirement
3    5.           Requirement for licences
4         (1)     A person must not provide a water service except under a
5                 licence.
6                 Penalty: a fine of $30 000.
7                 Daily penalty: a fine of $1 500.
8         (2)     Subsection (1) does not apply to the provision of a water service
9                 by a body corporate to a related body corporate (within the
10                meaning given in the Corporations Act 2001 (Commonwealth)
11                section 9).

12   6.           Licensing extends to statutory providers
13                Section 5(1) applies, subject to section 7, to a person despite the
14                fact that the person, in providing a water service, is performing
15                a function that --
16                  (a) is authorised, or provided for, by or under a written law;
17                        or
18                  (b) has been approved under a written law.

19   7.           Minister may grant exemptions
20        (1)     The Minister may exempt a person or class of person from the
21                application of section 5(1) in respect of the provision of a water
22                service in a specified area or areas of the State if satisfied that it
23                would not be contrary to the public interest to do so.
24        (2)     An exemption must be in writing.
25        (3)     An exemption may be subject to conditions and is of no effect
26                while a condition is not being complied with.
27        (4)     A licence that a person holds is of no effect to the extent to
28                which the person is exempt from the application of section 5(1)


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     Division 2     Licences
     s. 8



1               in respect of the provision of the water service or services
2               authorised by the licence.
3         (5)   The Minister may amend or revoke an exemption if satisfied
4               that it would be in the public interest to do so.
5         (6)   The Minister must, as soon as is practicable after making a
6               decision under subsection (1) or (5), publish notice of the
7               decision in the prescribed manner with the prescribed
8               information.
9         (7)   Reasons for a decision that the Minister makes to grant, amend
10              or revoke, or to refuse to grant, amend or revoke, an exemption
11              must be given to a person who applied for the grant, amendment
12              or revocation, and any other person who requests those reasons.
13        (8)   The Minister may, at a particular time, refuse to consider an
14              application for an exemption on the basis that the applicant has
15              also made an application for a licence under section 10 that has
16              not been dealt with by the Authority, if the application for the
17              licence was made less than 90 days prior to that time.

18                             Division 2 -- Licences
19   8.         Classification of water services
20        (1)   Water services are classified as follows --
21               (a) water supply services;
22               (b) sewerage services;
23               (c) irrigation services;
24               (d) drainage services.
25        (2)   A licence may authorise the provision of one or more classes of
26              water service.

27   9.         Operating areas
28        (1)   For each class of water service authorised by a licence, the
29              Authority must specify the area of the State that is the operating


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                                 Licensing of water service providers         Part 2
                                                            Licences     Division 2
                                                                                s. 10



1                area of, or the areas of the State that are the operating areas of,
2                the licence for the class of water service.
3          (2)   Areas need not be contiguous to be specified.
4          (3)   The specification of an area of the State as the operating area of
5                a licence for a class of water service does not mean that the area
6                cannot be included in an operating area of another licence for
7                that class of water service.

8    10.         Application for licence
9          (1)   An application for a licence must be --
10                 (a)   made in a form approved by the Authority; and
11                (b)    accompanied by the prescribed fee.
12         (2)   Without limiting subsection (1)(a), an applicant for a licence
13               must inform the Authority of --
14                (a) the nature of the proposed water service or services that
15                      the applicant proposes to provide; and
16                (b) for each class of water service that the applicant
17                      proposes to provide --
18                         (i) the area or areas of the State in which it is
19                              proposed to provide the service; and
20                        (ii) the methods or principles that the applicant
21                              proposes to apply in the provision of the service;
22                              and
23                       (iii) the nature of the water service works to be used
24                              in the provision of the service; and
25                       (iv) the standard terms and conditions for the
26                              provision of the service; and
27                        (v) the standard customer contracts (if any) for the
28                              provision of the service.




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     Part 2         Licensing of water service providers
     Division 2     Licences
     s. 11



1    11.         Grant of licence
2          (1)   The Authority must grant a licence authorising the provision of
3                one or more classes of water service if satisfied that --
4                  (a) the applicant --
5                         (i) has, and is likely to retain, for each class of water
6                               service, the financial and technical ability to
7                               provide the service in the operating area or areas
8                               to be specified for the service; or
9                        (ii) will acquire within a reasonable time after the
10                              grant, and is then likely to retain, that ability;
11                      and
12                (b)   it would not be contrary to the public interest to do so.
13         (2)   For each class of water service authorised by a licence, the
14               licence authorises the provision of the service --
15                  (a) in the operating area or areas of the licence specified for
16                       the service; and
17                 (b) outside of the operating area or areas, unless the licence
18                       provides otherwise.
19         (3)   The Authority may specify in a licence water service works that
20               are to be provided, operated or maintained for the provision of
21               the water service authorised by the licence.
22         (4)   The Authority must take all reasonable steps to make a decision
23               in respect of an application for the grant of a licence within
24               90 days after the application is made.

25   12.         Conditions of licence
26         (1)   A licence may be subject to conditions which, without limiting
27               that, may deal with the following --
28                 (a) the quality and performance standards to be met by the
29                       licensee in the provision of a water service authorised by
30                       the licence;



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                                              Licences     Division 2
                                                                  s. 12



1    (b)   the community service obligations to be discharged by
2          the licensee, that is, obligations that are not
3          commercially justifiable;
4    (c)   the licensee complying with specified standards or codes
5          of practice, with specified modifications, other than a
6          code of practice made under section 26;
7    (d)   standard terms and conditions for the provision of a
8          water service by the licensee;
9    (e)   standard customer contracts for the provision of a water
10         service by the licensee, including requiring the licensee
11         to offer to enter into standard customer contracts with
12         specified classes of person;
13   (f)   the capacity of the licensee to enter into agreements that
14         vary or displace standard terms and conditions of
15         service, standard customer contracts or statutory water
16         service charges;
17   (g)   the capacity of the licensee to cut off or restrict the rate
18         of flow of the supply of water to land, including the
19         matters that the licensee must take into account before
20         doing so;
21   (h)   the metering of water services by the licensee
22         including --
23            (i) the provision, operation and maintenance of
24                 metering equipment; and
25           (ii) ownership of and access to metering data;
26   (i)   the transfer of customers to or from the licensee;
27   (j)   the exercise of powers of entry by persons authorised by
28         the licensee, including by restricting the exercise of such
29         powers;
30   (k)   the giving of compliance notices by the licensee,
31         including by restricting the giving of such notices;
32   (l)   methods or principles to be applied by the licensee in the
33         preparation of accounts for customers;


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     Division 2     Licences
     s. 12



1               (m)    the giving of encumbrances over property of the
2                      licensee, including by making that subject to the
3                      approval of the Authority;
4               (n)    the disposal or transfer of property, rights or liabilities of
5                      the licensee either during the currency of the licence or
6                      on or after its expiration or cancellation, including by
7                      prohibiting the disposal or transfer;
8               (o)    the imposition of obligations on the licensee with
9                      respect to public authorities and other licensees;
10              (p)    planning for the future provision of water services,
11                     including planning for the development of future water
12                     sources;
13              (q)    the licensee developing and implementing programmes
14                     for the conservation and efficient use of water, including
15                     in relation to the use of water by customers of the
16                     licensee;
17               (r)   the provision of information to customers;
18               (s)   the licensee giving the Authority information relevant to
19                     the Authority's functions under this Act.
20      (2)    The conditions of a licence under subsection (1) have no effect
21             to the extent to which they are inconsistent with any other
22             conditions to which the licence is subject under this Act.
23      (3)    A condition of a licence held by a public authority established
24             by or under a written law has no effect to the extent to which it
25             deals with one or more of the following matters --
26               (a) what business activities the licensee undertakes;
27               (b) the range of functions that the licensee may perform;
28               (c) the community service obligations to be discharged by
29                    the licensee;
30               (d) the disposal or transfer of property of the licensee.
31      (4)    A condition of a licence held by a public authority established
32             by or under a written law that deals with the preparation of


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                                  Licensing of water service providers         Part 2
                                                             Licences     Division 2
                                                                                 s. 13



1                accounts has no effect to the extent to which it is inconsistent
2                with that written law.
3          (5)   A condition on a licence under subsection (1)(n) continues, after
4                the licence ceases to have effect, to apply to the person who was
5                the licensee and a failure to comply with such a condition may
6                be dealt with under this Act as if the person were a licensee and
7                the condition were a condition of a licence held by the person.

8    13.         Renewal of licence
9          (1)   An application for the renewal of a licence must be --
10                (a) made before the expiry of the licence; and
11                (b) made in a form approved by the Authority; and
12                (c) accompanied by the prescribed fee.
13         (2)   The Authority may renew a licence if the Authority is satisfied
14               that --
15                 (a) the applicant has, and is likely to retain, for each class of
16                      water service to be authorised by the licence, the
17                      financial and technical ability to provide the service in
18                      the operating area or areas to be specified for the
19                      service; and
20                 (b)    it would not be contrary to the public interest to do so.
21         (3)   The Authority must take all reasonable steps to make a decision
22               in respect of an application for the renewal of a licence within
23               90 days after the application is made.
24         (4)   If --
25                  (a)   an application for the renewal of a licence is made; and
26                 (b)    the licence subsequently expires before the Authority
27                        makes a decision whether or not to renew the licence,
28               the licence is to be taken to continue, under this subsection, until
29               the Authority makes a decision whether or not to renew the
30               licence.


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     Part 2         Licensing of water service providers
     Division 2     Licences
     s. 14



1    14.         Duration of licence
2                A licence, whether granted or renewed, is for the period
3                specified in it, which cannot be for more than 25 years.

4    15.         Transfer of licence
5          (1)   A licence cannot be transferred except --
6                 (a) by the Authority; or
7                 (b) with the approval of the Authority.
8          (2)   The Authority may transfer or approve of the transfer of a
9                licence if satisfied that --
10                  (a) the person to whom the licence is to be transferred (the
11                       transferee) --
12                          (i) has, and is likely to retain, for each class of water
13                                service authorised by the licence, the financial
14                                and technical ability to provide the service in the
15                                operating area or areas of the licence specified
16                                for the service; or
17                         (ii) will acquire within a reasonable time after the
18                                transfer, and is then likely to retain, that ability;
19                       and
20                 (b) it would not be contrary to the public interest to do so.
21         (3)   The Authority must not transfer a licence unless --
22                (a) the transferee agrees to the transfer; and
23                (b) if practicable -- the licensee agrees to the transfer.
24         (4)   An application for the approval of the transfer of a licence must
25               be --
26                 (a) made by the transferee in a form approved by the
27                      Authority; and
28                 (b) if practicable -- accompanied by the licensee's written
29                      consent to the transfer of the licence; and
30                 (c) accompanied by the prescribed fee.

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                                 Licensing of water service providers         Part 2
                                                            Licences     Division 2
                                                                                s. 16



1          (5)   The approval of a transfer of a licence may be subject to
2                conditions.
3          (6)   The transfer of a licence does not alter the duration of the
4                licence, but the Authority may, subject to section 14, extend its
5                duration.
6          (7)   The Authority must take all reasonable steps to make a decision
7                in respect of an application for the approval of the transfer of a
8                licence within 90 days after the application is made.
9    16.         Person who has provided water services becoming licensee
10         (1)   The regulations may deal with the consequences of a person
11               who has provided water service works as part of providing a
12               water service other than under a licence becoming a licensee in
13               respect of the provision of that service, including by --
14                 (a) providing for the transfer of water service works, or
15                       rights in relation to water service works, used by the
16                       person in the provision of the water service to the
17                       person, or to another person in accordance with an
18                       agreement that complies with section 23(1)(b); and
19                 (b) providing for transitional periods, during which
20                       specified provisions of this Act do not apply to the
21                       person or apply in a modified way, that allow for the
22                       person to bring the person's operations into compliance
23                       with this Act.
24         (2)   Regulations made for the purposes of this section may deal with
25               the same sorts of matters as those that may be dealt with by
26               regulations made for the purposes of section 38.
27   17.         Amendment of licence -- on initiative of Authority
28         (1)   The Authority may, on its own initiative, amend a licence, if
29               satisfied that it would not be contrary to the public interest to do
30               so.
31         (2)   The Authority cannot amend a term or condition of a licence
32               that was not determined by the Authority.


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     Division 2     Licences
     s. 18



1          (3)   If the licence specifies a procedure to be followed in amending
2                it, the amendment must be made in accordance with that
3                procedure unless the Authority and the licensee agree otherwise.
4          (4)   An amendment takes effect 14 days after the licensee has been
5                notified of the amendment unless --
6                  (a) a longer period is specified by the Authority or provided
7                        by the procedure referred to in subsection (3); or
8                 (b) a shorter period is agreed to by the Authority and the
9                        licensee.

10   18.         Amendment or cancellation of licence -- on application of
11               licensee
12         (1)   A licensee may apply to the Authority at any time for the
13               amendment or cancellation of a licence held by the licensee.
14         (2)   The Authority may amend or cancel the licence in accordance
15               with the application if satisfied that it would not be contrary to
16               the public interest to do so.
17         (3)   The Authority cannot amend a term or condition of a licence
18               that was not determined by the Authority.
19         (4)   If the licence specifies a procedure to be followed in amending
20               it, the amendment must be made in accordance with that
21               procedure unless the Authority and the licensee agree otherwise.

22   19.         Effect of water resource management plans
23               A decision of the Authority under this Part is of no effect to the
24               extent to which it is inconsistent with any relevant water
25               resource management plans (however described) made under a
26               written law and prescribed for the purposes of this section.

27   20.         Other laws not affected
28               The holding of a licence does not affect the licensee's obligation
29               to comply with any other written law in relation to the matters
30               covered by the licence.

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                                    Licensing of water service providers         Part 2
                     Duties of licensees -- statutory licence conditions     Division 3
                                                                                   s. 21



1    Division 3 -- Duties of licensees -- statutory licence conditions
2    21.         Duty to provide services and do works
3          (1)   It is a condition of every licence that the licensee --
4                   (a) must provide a water service authorised by the licence to
5                         persons entitled to the service under this Act, except to
6                         the extent otherwise provided for by this Act; and
7                   (b) if requested to provide a water service authorised by the
8                         licence to persons not covered by paragraph (a) but
9                         within the operating area or areas of the licence
10                        specified for the service -- must offer to provide the
11                        service on reasonable terms, unless provision of the
12                        service is not financially viable or is otherwise not
13                        practicable; and
14                  (c) must provide, operate and maintain the water service
15                        works specified in the licence for the purposes of
16                        section 11(3).
17               Note: Section 73 provides for certain entitlements to the provision of water
18                     services.

19         (2)   A licensee may refuse to provide, or may suspend the provision
20               of, a water service to a person entitled to the service under this
21               Act while the person --
22                 (a) unreasonably refuses to comply with a requirement of
23                       the licensee relating to the provision of the service; or
24                 (b) unreasonably refuses to enter into an agreement with the
25                       licensee about the provision of the service; or
26                 (c) refuses to comply with a prescribed requirement relating
27                       to the provision of the service.
28         (3)   A licensee may refuse to provide a water service to a person
29               described in subsection (1)(b) while the person --
30                 (a) unreasonably refuses to comply with a requirement of
31                      the licensee relating to the provision of the service; or



                                                                                       page 19
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     Part 2         Licensing of water service providers
     Division 3     Duties of licensees -- statutory licence conditions
     s. 22



1                 (b)    unreasonably refuses to enter into an agreement with the
2                        licensee about the provision of the service; or
3                  (c)   refuses to comply with a prescribed requirement relating
4                        to the provision of the service.
5          (4)   In relation to a person described in subsection (1)(b), the
6                licensee may suspend the provision of the water service in
7                accordance with the terms and conditions under which the
8                service is provided.
9          (5)   A licensee's capacity to refuse to provide, or suspend the
10               provision of, a water supply or sewerage service under this
11               section is subject to any restriction on that capacity in the terms
12               and conditions of the licence authorising the provision of the
13               service.

14   22.         Provision of water services outside operating areas
15         (1)   It is a condition of every licence that, if the licensee provides a
16               service outside of the operating area or areas of the licence
17               specified for the service, the licensee must notify the Authority
18               as soon as is practicable before commencing to provide the
19               service.
20         (2)   The licence may provide alternative notification conditions.

21   23.         Works holding arrangements
22         (1)   It is a condition of every licence that all water service works
23               used by the licensee in the provision of a water service or
24               services authorised by the licence --
25                  (a) are held by the licensee; or
26                  (b) are held for the licensee by another person under an
27                        agreement that ensures that the licensee can operate and
28                        maintain the works to the extent necessary for the
29                        licensee to comply with the licensee's obligations under
30                        the licence and this Act; or



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                                   Licensing of water service providers         Part 2
                    Duties of licensees -- statutory licence conditions     Division 3
                                                                                  s. 24



1                  (c)   in the case of water service works that are not held by or
2                        for the licensee -- are covered by an agreement in
3                        relation to the works under which, the licensee can
4                        operate and maintain the works to the extent necessary
5                        for the licensee to comply with the licensee's obligations
6                        under the licence and this Act; or
7                 (d)    in the case of drainage assets that are not held as
8                        described in paragraph (a), (b) or (c) --
9                           (i) are covered by a declaration under section 109
10                               that the assets are controlled by the licensee; or
11                         (ii) are accessible to the licensee;
12                       or
13                 (e)   in the case of water service works that are a part of land
14                       and that are not held as described in paragraph (a)
15                       or (b) -- are accessible to the licensee; or
16                 (f)   are held or accessible in accordance with the regulations.
17         (2)   Subsection (1) does not apply to a property connection and
18               anything connected to the works via the property connection
19               other than a thing that is owned by the licensee.
20         (3)   For the purposes of subsection (1), works or assets are
21               accessible to a licensee if the licensee has access to the works or
22               assets for the purposes of operating and maintaining the works
23               or assets to the extent necessary for the licensee to comply with
24               the licensee's obligations under this Act.

25   24.         Asset management system
26         (1)   It is a condition of every licence that the licensee must --
27                  (a) provide for an asset management system; and
28                  (b) give details of the system and any changes to it to the
29                        Authority; and
30                  (c) at least once in every period of 24 months (or any longer
31                        period that the Authority allows), provide the Authority


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     Division 3     Duties of licensees -- statutory licence conditions
     s. 25



1                        with a report, by an independent expert engaged by the
2                        Authority, as to the effectiveness of the system.
3          (2)   An asset management system must include the measures to be
4                taken by the licensee for --
5                  (a) the proper maintenance of the water service works of the
6                       licensee; and
7                  (b) the provision and operation of the water service works
8                       specified in the licence and of other water service works
9                       necessary for the provision of the water service or
10                      services authorised by the licence.
11         (3)   The Authority must consult with the licensee before engaging
12               an independent expert for the purposes of subsection (1)(c).
13         (4)   The Authority may recover its reasonable costs and expenses
14               arising from the engagement and remuneration of an
15               independent expert under subsection (1)(c) from the licensee,
16               and may seek an order for the recovery of those costs and
17               expenses in a court of competent jurisdiction.
18         (5)   The regulations may deal with the Authority reporting to the
19               Minister in relation to reports by experts.

20   25.         Operational audit
21         (1)   It is a condition of every licence that the licensee must, at least
22               once in every period of 24 months (or any longer period that the
23               Authority allows), provide the Authority with an operational
24               audit conducted by an independent expert appointed by the
25               Authority.
26         (2)   An operational audit is an assessment of --
27                (a) the effectiveness of measures taken by the licensee to
28                     meet the quality and performance standards required by
29                     the licence in relation to the provision of the water
30                     service or services authorised by the licence; and




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                    Duties of licensees -- statutory licence conditions     Division 3
                                                                                  s. 26



1                 (b)    any other aspects of the provision of the water service or
2                        services that are nominated by the Authority in
3                        consultation with the licensee.
4          (3)   The Authority must consult with the licensee as to the
5                appointment of an independent expert under subsection (1).
6          (4)   The Authority may recover its reasonable costs and expenses
7                arising from the appointment and remuneration of an
8                independent expert under subsection (1) from the licensee, and
9                may seek an order for the recovery of those costs and expenses
10               in a court of competent jurisdiction.
11         (5)   The regulations may deal with the Authority reporting to the
12               Minister in relation to audits.

13   26.         Compliance with codes of practice made by Minister
14         (1)   The Minister may make codes of practice, and amend or revoke
15               them from time to time.
16         (2)   A code of practice may deal with any matter listed in a
17               paragraph of section 12(1) (except in paragraph (s)) or any
18               prescribed matter.
19         (3)   It is a condition of every licence that the licensee must comply
20               with each code of practice made under this section, as in force
21               from time to time, to the extent to which it applies to the
22               licensee.
23         (4)   A code of practice may provide that if a licensee fails to meet a
24               standard, the licensee must pay a specified amount to any
25               person affected by the failure who comes within a specified
26               description.
27         (5)   The Interpretation Act 1984 applies to, and to the making of, a
28               code of practice as if it were subsidiary legislation and, for the
29               purposes of section 42 of that Act, as if it were regulations.
30         (6)   Section 222(3) to (6) applies in relation to the making of a code
31               of practice as if those provisions referred to a code of practice.

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     Part 2         Licensing of water service providers
     Division 3     Duties of licensees -- statutory licence conditions
     s. 27



1          (7)   A provision of a code of practice is of no effect to the extent to
2                which it is inconsistent with a provision of this Act or another
3                written law.
4          (8)   The Minister's capacity to make a code of practice dealing with
5                a matter does not, of itself, limit the Authority's capacity to --
6                  (a) impose conditions on a licence relating to the matter; or
7                  (b) make a code of conduct relating to the matter.
8          (9)   Before making a code of practice, the Minister must --
9                 (a) consult with each licensee to whom the code of practice
10                      will apply; and
11                (b) undertake any other consultation required in the
12                      regulations.
13     (10)      The Minister must publish each code of practice in accordance
14               with the requirements in the regulations.
15     (11)      The Minister must carry out a review of the operation and
16               effectiveness of each code of practice at least once every
17               5 years.

18   27.         Compliance with code of conduct made by Authority
19         (1)   The Authority may, in consultation with the consultative
20               committee, make a code of conduct, and amend or replace it
21               from time to time.
22         (2)   Before making a code of conduct, the Authority must endeavour
23               to consult with each licensee that does not have a representative
24               on the committee.
25         (3)   The purposes of the code of conduct are to deal with the
26               conduct of licensees in relation to customers and potential
27               customers and, without limiting that, the code may deal with the
28               following --
29                 (a) the marketing of water services;
30                 (b) the connection of water services to land;


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                    Duties of licensees -- statutory licence conditions     Division 3
                                                                                  s. 28



1                 (c)   the metering of water services;
2                 (d)   the billing and payment for water services;
3                 (e)   the provision of water services to customers in financial
4                       hardship;
5                 (f)   the suspension of the provision of water services;
6                 (g)   the provision of information to customers and others
7                       about water services;
8                 (h)   complaints procedures.
9          (4)   It is a condition of every licence that the licensee must comply
10               with the code of conduct, as in force from time to time, to the
11               extent to which --
12                  (a) it applies to the licensee; and
13                  (b) it is not inconsistent with the terms and conditions of the
14                        licence.
15         (5)   Section 26(4) to (7) applies to, and to the making of, the code of
16               conduct as if those provisions referred to the code of conduct.
17         (6)   The Authority must publish the code in accordance with the
18               requirements in the regulations.
19         (7)   The Authority must carry out a review of the operation and
20               effectiveness of the code of conduct at least once every 5 years.

21   28.         Code of conduct -- consultative committee
22         (1)   For the purposes of section 27, the Authority is to establish a
23               committee (the consultative committee) to advise it on matters
24               relating to the code of conduct.
25         (2)   The Authority --
26                (a) must determine the membership and constitution of the
27                     committee; and
28                (b) must endeavour to have a membership that represents
29                     the interests of both customers and licensees; and
30                (c) may determine the procedures of the committee; and

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     Division 4     Failure to comply with licence -- enforcement
     s. 29



1                 (d)   may discharge, alter or reconstitute the committee.
2          (3)   The Authority may determine that a member of the committee is
3                to receive remuneration or an allowance, and if the Authority so
4                determines it is to fix the remuneration or allowance on the
5                recommendation of the Public Sector Commissioner.
6          (4)   Subject to this section, the committee may determine its own
7                procedure.
8          (5)   The Authority must provide the committee with such support
9                services as it may reasonably require.

10   29.         Licensee must comply with duties under Act
11               It is a condition of every licence that the licensee must --
12                  (a) comply with the duties imposed on the licensee, in
13                        relation to that licence, under this Act; and
14                  (b) carry out its operations under, or for the purposes of, the
15                        licence in accordance with this Act.

16   30.         Prescribed conditions of licence
17               The regulations may prescribe conditions to which a licence is
18               subject.

19     Division 4 -- Failure to comply with licence -- enforcement
20   31.         Failure to comply with licence
21         (1)   If the Authority is satisfied that a licensee has failed to comply
22               with a condition of a licence, the Authority may give a notice (a
23               rectification notice) to the licensee requiring the licensee to
24               rectify the failure within a specified period.
25         (2)   The rectification notice must set out --
26                (a) the condition that the Authority is satisfied the licensee
27                      has failed to comply with; and
28                (b) what the licensee must do to rectify the failure; and


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                         Failure to comply with licence -- enforcement      Division 4
                                                                                  s. 32



1                  (c)   the time within which the licensee must comply with the
2                        notice.
3          (3)   The rectification notice may be amended or revoked.
4          (4)   If the Authority is satisfied that the licensee has failed to comply
5                with the rectification notice the Authority may do one or more
6                of the following --
7                   (a) order the licensee to pay a monetary penalty determined
8                        by the Authority of up to --
9                           (i) for an individual -- $30 000; and
10                         (ii) for a body corporate -- $150 000;
11                 (b) remedy the failure to comply that gave rise to the giving
12                       of the rectification notice;
13                  (c) subject to section 17(2) -- amend the licence under
14                       section 17.
15         (5)   Persons authorised by the Authority for the purposes of this
16               subsection may enter any place, in accordance with Part 8, and
17               do all things necessary for the purposes of subsection (4)(b).
18         (6)   The Authority may recover from the licensee a penalty imposed
19               under subsection (4)(a) in a court of competent jurisdiction as a
20               debt due by the licensee to the State.
21         (7)   A monetary penalty received by the Authority must be credited
22               to the Consolidated Account.
23         (8)   The Authority may recover its reasonable costs and expenses of
24               any action taken under subsection (4)(b) from the licensee, and
25               may seek an order for the recovery of those costs and expenses
26               in a court of competent jurisdiction.
27         (9)   Section 17(3) does not have effect in relation to an amendment
28               of a licence for the purposes of subsection (4)(c).
29   32.         Right of licensee to make submissions
30               The Authority is not to take any action under section 31(4)
31               unless it has notified the licensee of the proposed action and

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     Division 5     Ending of licence and cessation of water services
     s. 33



1                given the licensee a reasonable opportunity of making
2                submissions on the matter.

3    33.         Exception -- dangerous situations
4          (1)   If the Authority is satisfied that --
5                   (a) a licensee has failed to comply with a condition of a
6                        licence; and
7                  (b) a dangerous situation exists; and
8                   (c) urgent action is needed in order to assess, reduce,
9                        eliminate or avert a risk to persons, property or the
10                       environment,
11               the Authority may have the failure to comply rectified, under
12               section 31(4)(b), without giving notice to the licensee under
13               section 31(1) or complying with section 32.
14         (2)   The Authority must consult with the department principally
15               assisting in the administration of the Health Act 1911 about the
16               exercise of the power in subsection (1) as soon as is practicable
17               (whether before or after the exercise of that power), unless
18               satisfied that the dangerous situation is not or was not a health
19               risk.

20    Division 5 -- Ending of licence and cessation of water services
21   34.         Cancellation of licence for serious default
22         (1)   The Governor may cancel a licence.
23         (2)   Before the Governor does so, the Minister must be satisfied
24               that --
25                 (a) the licensee is in serious default (as described in
26                      subsection (3)); or
27                 (b) the licensee --
28                        (i) is an externally-administered body corporate
29                             within the meaning of the Corporations Act 2001
30                             (Commonwealth) section 9; or

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                            Licensing of water service providers         Part 2
              Ending of licence and cessation of water services     Division 5
                                                                           s. 34



1                   (ii)   is otherwise in the process of being wound-up; or
2                  (iii)   is, according to the Interpretation Act 1984
3                          section 13D, a bankrupt or a person whose
4                          affairs are under insolvency laws;
5                  or
6            (c)   the licensee has, within a period of 12 months, been
7                  convicted of more than 3 offences for which the
8                  statutory penalty is a fine of $30 000 or more or
9                  imprisonment for 12 months or more; or
10          (d)    the licensee has ceased to exist.
11   (3)   For the purposes of subsection (2)(a), a licensee is in serious
12         default if the Minister --
13           (a) is satisfied that the licensee has failed to comply with a
14                 condition of the licence; and
15           (b) is satisfied that the failure is material in terms of the
16                 operation of the licence; and
17           (c) has given to the licensee written notice setting out --
18                    (i) that the Minister is satisfied as to the matters in
19                         paragraphs (a) and (b); and
20                   (ii) the time within which the licensee must remedy
21                         the failure or show cause why the licence should
22                         not be cancelled under this section;
23                 and
24           (d) is satisfied that the licensee has neither remedied the
25                 failure nor shown cause why the licence should not be
26                 cancelled under this section, within the time specified
27                 for that in the notice.
28   (4)   If a licence is cancelled, the Minister must publish notice of the
29         cancellation in the Gazette.
30   (5)   The cancellation of a licence on the basis of the Minister being
31         satisfied under subsection (2)(a), (b) or (c) does not take effect
32         until --
33           (a) the licensee has been notified of it; or

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     Part 2         Licensing of water service providers
     Division 5     Ending of licence and cessation of water services
     s. 35



1                 (b)    if it is not practicable to notify the licensee -- 21 days
2                        after the day on which the decision to cancel the licence
3                        was made.

4    35.         Provision of a water service ceasing -- regulations may deal
5                with consequences
6          (1)   In this section and section 36 --
7                former licensee, in relation to an area, means a licensee who
8                ceases to provide a water service of a particular class in the area.
9          (2)   The regulations may deal with the consequences of the
10               provision of a water service ceasing, or being about to cease, in
11               an area, including by dealing with the following to the extent
12               necessary for water services to continue to be provided in the
13               area or areas affected --
14                 (a) the transfer of customers to a licensee;
15                 (b) the transfer of assets, rights and liabilities of the former
16                       licensee to a person;
17                 (c) the conferral of powers and duties on a person.
18         (3)   Regulations made for the purposes of this section may deal with
19               the same sorts of matters as those that may be dealt with by
20               regulations made for the purposes of section 38.
21         (4)   Regulations made for the purposes of subsection (2) have effect
22               despite any conditions of a licence under section 12(1)(n),
23               including such conditions as continued in effect under
24               section 12(5).

25   36.         Provision of a water service ceasing -- duty to leave system
26               in safe condition
27         (1)   If a licensee ceases to provide a water service in an area, the
28               former licensee --
29                  (a) must ensure that any water service works provided or
30                        operated by the former licensee for the purposes of the
31                        licence in the area are left in a safe condition; and


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                                 Licensing of water service providers         Part 2
                                Water service works and other assets     Division 6
                                                                                s. 37



1                  (b)   must not remove any part of the works except with the
2                        approval of the Minister.
3                 Penalty: a fine of $30 000.
4          (2)    If the Minister is satisfied that a former licensee has failed to
5                 comply with subsection (1)(a), the Minister may have the failure
6                 rectified to the Minister's satisfaction.
7          (3)    Persons authorised by the Minister for the purposes of this
8                 subsection may enter any place, in accordance with Part 8, and
9                 do all things necessary for the purposes of subsection (2).
10         (4)    The Minister may recover the Minister's reasonable costs and
11                expenses of having a failure rectified from the former licensee,
12                and may seek an order for the recovery of those costs and
13                expenses in a court of competent jurisdiction.

14               Division 6 -- Water service works and other assets
15   37.          Licensee operating with works holding body
16         (1)    If water service works used by a licensee in the provision of a
17                water service are held for the licensee by another person (the
18                works holding body) under an agreement with the licensee the
19                provisions of this Part apply to and in relation to the licensee as
20                if the works were held by the licensee.
21         (2)    If the agreement under which the works are held complies with
22                section 23(1)(b), the provisions of Parts 6 and 7, to the extent to
23                which they do not already apply, apply to and in relation to --
24                   (a) the licensee and the works as if the works were held by
25                        the licensee rather than the works holding body; and
26                  (b) the works holding body and the works as if it were a
27                        licensee who held those works.
28         (3)    In this section, a reference to holding works includes a reference
29                to holding the rights in relation to the works referred to in
30                section 163(1)(b).



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     Water Services Bill 2011
     Part 2         Licensing of water service providers
     Division 6     Water service works and other assets
     s. 38



1    38.         Regulations may deal with transfer of assets on land not
2                held by asset holder
3          (1)   In this section --
4                asset holder means --
5                  (a) a licensee; or
6                  (b) a works holding body (within the meaning given in
7                         section 37(1));
8                assets means any water service works, or any other thing used
9                or intended to be used in the provision of water services, that --
10                 (a) are held by an asset holder, or in respect of which the
11                        asset holder has rights (for example, rights under
12                        section 163(1)(b)); and
13                 (b) are on land that is not the property of the asset holder.
14         (2)   The regulations may deal with the transfer of assets of an asset
15               holder to another person (the transferee), including by --
16                 (a) dealing with the transfer of any rights or liabilities in or
17                       in relation to land associated with the assets; and
18                (b) providing that a person is not entitled to receive from the
19                       transferee or another person any amount by way of
20                       compensation, reimbursement or otherwise for any loss,
21                       detriment or cost that the person suffers or incurs
22                       because of --
23                          (i) the transfer of the assets or of rights in or in
24                                relation to land associated with the assets; or
25                         (ii) the operation of this Act as a consequence of that
26                                transfer;
27                       and
28                 (c) dealing with the modification of specified agreements
29                       and instruments (other than enactments) relating to the
30                       assets; and
31                (d) dealing with proceedings commenced and remedies
32                       available in relation to the assets; and

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                                 Licensing of water service providers          Part 2
                                                           Inspectors     Division 7
                                                                                 s. 39



1                  (e)   providing for and in relation to the exemption from any
2                        State tax of anything done under the regulations.
3          (3)   The regulations may provide that anything done under
4                regulations made for the purposes of this section does not give
5                rise to a breach of an existing right or obligation (whether
6                contractual or not) or to any remedy that did not already exist.
7          (4)   Regulations for the purposes of this section, other than
8                regulations of general application, may not be made unless the
9                asset holder and the transferee agree to the regulations being
10               made.

11                             Division 7 -- Inspectors
12   39.         Terms used
13               In this Division --
14               designating authority means --
15                 (a) in relation to a person acting in his or her capacity as an
16                       inspector designated under section 210(1) -- the
17                       Authority; and
18                 (b) in relation to a person acting in his or her capacity as an
19                       inspector designated under section 210(2) -- the CEO;
20               inspection purposes means the purposes of --
21                 (a) investigating whether this Part is being or has been
22                       complied with; and
23                 (b) investigating whether the obligations of a licensee under
24                       this Act are being or have been complied with; and
25                 (c) obtaining evidence as to those matters;
26               inspector means a person designated as an inspector under
27               section 210(1) or (2).




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     Part 2         Licensing of water service providers
     Division 7     Inspectors
     s. 40



1    40.         Entry for inspection purposes
2                An inspector may, for inspection purposes, enter a place, in
3                accordance with Part 8 --
4                  (a) to which he or she reasonably suspects a water service is
5                       provided; or
6                  (b) at which he or she reasonably suspects water service
7                       works used in the provision of a water service are
8                       located.

9    41.         General powers for inspection purposes
10         (1)   Upon entry to a place for inspection purposes, an inspector may
11               do one or more of the following --
12                 (a) require a person with control or custody of the place to
13                      give reasonable access to it and other reasonable
14                      assistance;
15                (b) inspect or examine the place;
16                 (c) direct a person to produce any document that is or may
17                      be relevant to the inspection;
18                (d) inspect any document produced, make copies of it or
19                      take extracts from it, and remove it for as long as is
20                      reasonably necessary to make copies or extracts;
21                 (e) direct a person to answer questions;
22                 (f) inspect water service works of a licensee at the place,
23                      including by --
24                         (i) carrying out or supervising reasonable tests on
25                              the works, including making excavations; and
26                        (ii) taking photographs of or making other
27                              recordings of the works and surrounds; and
28                       (iii) taking or removing for analysis or examination
29                              samples of any thing relating to the works;




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                                 Licensing of water service providers          Part 2
                                                           Inspectors     Division 7
                                                                                 s. 42



1                 (g)   seize a thing that is relevant to an offence under this Part
2                       if that is necessary for one of the following purposes --
3                          (i) to prevent it from being concealed, disturbed or
4                                lost;
5                         (ii) to preserve its evidentiary value;
6                        (iii) to do a forensic examination on it;
7                        (iv) to prevent it from being used in the commission
8                                of another offence.
9          (2)   An inspector is, in that capacity, to be taken to be a public
10               officer for the purposes of the Criminal Investigation Act 2006
11               Parts 6 and 13, as if --
12                 (a) the inspector were appointed to an office prescribed
13                       under section 9(1) of that Act; and
14                 (b) Parts 6 and 13 of that Act were prescribed in respect of
15                       that office.
16         (3)   For the purposes of subsection (2), the Criminal Investigation
17               Act 2006 Part 13 applies as if the power to seize a thing under
18               subsection (1)(g) were a power to seize the thing under the
19               Criminal Investigation Act 2006.

20   42.         Power to prohibit use etc.
21         (1)   If an inspector is of the opinion that anything that the inspector
22               is authorised to inspect does not conform with the requirements
23               of any term or condition of a licence or an exemption, the
24               inspector must as soon as practicable report his or her opinion in
25               writing to the designating authority.
26         (2)   Upon receipt of a report under subsection (1) about a thing, the
27               designating authority may, if satisfied that the lack of
28               conformity is materially significant --
29                 (a) by order in writing given to the licensee or exempt
30                      person -- prohibit the use of the thing absolutely or
31                      except in accordance with specified conditions or
32                      restrictions; and

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     Part 2         Licensing of water service providers
     Division 7     Inspectors
     s. 43



1                 (b)   have the water service to or from the thing, or to or from
2                       the premises on which the thing is situated, disconnected
3                       until the designating authority is satisfied that the thing
4                       conforms with the requirements referred to in
5                       subsection (1).
6          (3)   The order referred to in subsection (2)(a) has effect as a
7                condition on the licence or exemption.
8          (4)   Persons authorised by a designating authority for the purposes
9                of this subsection may enter any place, in accordance with
10               Part 8, and do all things necessary for the purposes of
11               subsection (2)(b).
12         (5)   A designating authority may recover its reasonable costs and
13               expenses of having a water service disconnected from the
14               licensee or exempt person, and may seek an order for the
15               recovery of those costs and expenses in a court of competent
16               jurisdiction.
17         (6)   The court may not issue an order unless satisfied that the
18               licensee or exempt person was responsible for the lack of
19               conformity.

20   43.         Offences
21         (1)   A person who does not comply with a direction given by an
22               inspector under this Division commits an offence.
23         (2)   A person who obstructs an inspector, or a person assisting the
24               inspector, in the exercise of a power under this Division
25               commits an offence.
26         (3)   A person who, having been directed under this Division by an
27               inspector to answer a question or to give the inspector a
28               document, gives the inspector information that the person
29               knows is false or misleading in a material particular commits an
30               offence.




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                                    Licensing of water service providers         Part 2
                                                    Review of decisions     Division 8
                                                                                   s. 44



1          (4)     It is a defence to a charge under this section to prove that the
2                  person charged had a reasonable excuse.
3                  Penalty: a fine of $7 500.

4                           Division 8 -- Review of decisions
5    44.           Review of certain decisions
6          (1)     A person who is aggrieved by one of the following decisions of
7                  the Authority, or of the CEO, may apply to the State
8                  Administrative Tribunal for a review of the decision --
9                    (a) to grant or renew a licence or to transfer or approve of
10                        the transfer of a licence;
11                   (b) to refuse to grant or renew a licence or to transfer or
12                        approve of the transfer of a licence;
13                   (c) as to the length of the period for which a licence is
14                        granted or renewed or the other terms of the licence;
15                   (d) as to the conditions of a licence under section 12;
16                   (e) as to the conditions of the transfer of a licence under
17                        section 15;
18                    (f) to amend a licence under section 17;
19                   (g) to amend or refuse to amend a licence under section 18;
20                   (h) to prohibit the use of a thing (whether or not absolutely)
21                        under section 42(2)(a).
22         (2)     A person listed in the Table as a person affected by a decision,
23                 of the Authority or the CEO, listed in the Table may apply to
24                 the State Administrative Tribunal for a review of the decision.
25                                                Table
                 Decision of Authority or CEO                 Person affected

                 to give a rectification notice to a   the licensee
                 licensee under section 31



                                                                                page 37
     Water Services Bill 2011
     Part 2         Licensing of water service providers
     Division 8     Review of decisions
     s. 44




              Decision of Authority or CEO                Person affected

              to order a licensee to pay a         the licensee
              monetary penalty under
              section 31

              to have the failure of a licensee,   the licensee
              to comply with a rectification
              notice, rectified under
              section 31

              to have a failure to comply with     the former licensee
              section 36(1)(a) rectified under
              section 36(2)

              to have a water service              the licensee or a person in
              disconnected under                   receipt of the service
              section 42(2)(b)

1       (3)     If a person makes an application under subsection (2) (other
2               than in relation to a decision to order a licensee to pay a
3               monetary penalty), the Authority or CEO cannot have the
4               failure rectified or disconnect the service, or must cease having
5               the failure rectified or the service disconnected, until the
6               application has been finally dealt with by the State
7               Administrative Tribunal, unless --
8                  (a) the State Administrative Tribunal orders otherwise; or
9                 (b) the Authority or CEO is satisfied that a dangerous
10                       situation exists and that urgent action is needed in order
11                       to assess, reduce, eliminate or avert a risk to persons,
12                       property or the environment.




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                                 Licensing of water service providers         Part 2
                                        General licensing provisions     Division 9
                                                                                s. 45



1                   Division 9 -- General licensing provisions
2    45.         Applications -- additional information
3                An applicant for a licence or exemption must provide any
4                additional information the decision maker requires to properly
5                consider the application.
6    46.         Matters relevant to determination of public interest
7                If the Authority is required under this Part to determine whether
8                or not something would be contrary to the public interest, then,
9                without limiting the things that the Authority may take into
10               account, the following matters must be taken into account to the
11               extent to which the Authority considers that they are relevant to
12               the particular case --
13                  (a) environmental considerations, including the value of
14                       ecologically sustainable development;
15                 (b) public health considerations relating to the provision of
16                       reliable water services.
17   47.         Notice of and publication of certain decisions
18         (1)   The Authority must, after making a decision --
19                (a) to refuse to grant, renew or amend a licence; or
20                (b) to refuse to transfer or approve of the transfer of a
21                     licence,
22               give written notice of the decision, together with reasons for the
23               decision, to the applicant within 14 days after the day on which
24               the decision is made.
25         (2)   The Authority must, as soon as is practicable after making a
26               decision --
27                 (a) to grant, renew or amend a licence; or
28                 (b) to transfer or approve of the transfer of a licence,
29               publish notice of the decision in the prescribed manner with the
30               prescribed information.


                                                                            page 39
     Water Services Bill 2011
     Part 2         Licensing of water service providers
     Division 9     General licensing provisions
     s. 48



1    48.       Licences to be available for inspection
2              The Authority must make available for public inspection in the
3              prescribed manner --
4                (a) a copy of each licence in force; and
5                (b) if an operating area is specified by reference to a map or
6                      plan -- a copy of the map or plan; and
7                (c) if a declaration of a drainage asset under section 109(1)
8                      is made by reference to a map or plan -- a copy of the
9                      map or plan.

10   49.       Regulations about public consultation
11             The regulations may require the Authority to undertake public
12             consultation in accordance with the procedure in the regulations
13             before it makes a decision on an application for the grant,
14             renewal, transfer or amendment of a licence.




     page 40
                                                            Water Services Bill 2011
                                    Last resort supply arrangements           Part 3

                                                                               s. 50



1                Part 3 -- Last resort supply arrangements
2    50.         Terms used
3                In this Part --
4                designated area means an area designated under section 51(1);
5                last resort supply plan means a plan that meets the requirements
6                of section 53;
7                supplier of last resort, for a designated area, means the licensee
8                approved under section 55 for the area.

9    51.         Designated areas
10         (1)   The Authority may, by order published in the Gazette, designate
11               an area of the State as an area for which there is to be a last
12               resort supply plan for the provision of a specified class of water
13               service.
14         (2)   The areas of the State that make up a designated area need not
15               be contiguous.

16   52.         Authority to ensure supply plan in place for designated
17               areas
18               The Authority must ensure that --
19                (a) as soon as is practicable after an area becomes a
20                     designated area and a supplier of last resort is appointed
21                     for the area in relation to the provision of the specified
22                     class of water service -- a last resort supply plan for the
23                     designated area for the class of water service is approved
24                     or determined by the Authority under section 57; and
25                (b) at all times after that, there is a last resort supply plan
26                     for the designated area for the class of water service that
27                     has been approved or determined by the Authority under
28                     section 57.




                                                                           page 41
     Water Services Bill 2011
     Part 3         Last resort supply arrangements

     s. 53



1    53.         Requirements for supply plans
2          (1)   A last resort supply plan for a designated area for the provision
3                of a particular class of water service is one that deals with the
4                provision of that class of water service to customers in the area
5                by the supplier of last resort if the plan comes into operation.
6          (2)   A last resort supply plan must --
7                 (a) set out the arrangements and make the provisions that
8                        are necessary for the provision of that class of water
9                        service; and
10                (b) make provision for any prescribed matter or
11                       circumstance; and
12                (c) otherwise comply with the regulations.
13         (3)   A last resort supply plan is of no effect to the extent to which it
14               is inconsistent with any written law.

15   54.         How supply plan brought into operation
16         (1)   The Authority may, by instrument in writing, determine that the
17               last resort supply plan for a designated area for the provision of
18               a particular class of water service comes into operation in
19               relation to the designated area or a specified area or areas within
20               the designated area if --
21                 (a) the provision of that class of water service has ceased or
22                        is about to cease, for whatever reason, in an area in the
23                        designated area; or
24                 (b) in relation to a licence authorising the provision of that
25                        class of water service in an area in the designated
26                        area --
27                           (i) the licence has been cancelled; or
28                          (ii) the licence has expired and has not been
29                                renewed; or
30                         (iii) the cancellation or expiry without renewal of the
31                                licence is about to come into effect.


     page 42
                                                             Water Services Bill 2011
                                     Last resort supply arrangements           Part 3

                                                                                 s. 55



1          (2)   The last resort supply plan cannot come into operation at a time
2                that is before the time at which the determination that it comes
3                into operation is made.
4          (3)   Notice of the determination must be given to the licensee and
5                published in the Gazette.
6          (4)   The determination must have specified in it the name of the
7                licensee, or former licensee, in respect of whose customers the
8                last resort supply plan applies.

9    55.         Appointment of supplier of last resort
10         (1)   Before appointing a licensee as the supplier of last resort for a
11               designated area in relation to the provision of a particular class
12               of water service, the Authority must invite expressions of
13               interest from licensees in being appointed as the supplier of last
14               resort.
15         (2)   The Authority may, with the concurrence of the Minister and
16               the Treasurer, by notice in writing given to a licensee who has
17               expressed an interest in being appointed as the supplier of last
18               resort, appoint the licensee as the supplier of last resort for the
19               area in relation to the provision of that class of water service.
20         (3)   If --
21                  (a)   the Authority receives no, or no suitable, expressions of
22                        interest; or
23                 (b)    the Minister considers that there is insufficient time to
24                        invite expressions of interest,
25               the Minister may, with the concurrence of the Treasurer, appoint
26               a water corporation as the supplier of last resort for the area in
27               relation to the provision of that class of water service, by notice
28               in writing given to the water corporation.
29         (4)   The Authority may, by notice in writing given to the licensee
30               and with the concurrence of the Minister and the Treasurer,
31               cancel the appointment of a licensee as the supplier of last resort


                                                                              page 43
     Water Services Bill 2011
     Part 3         Last resort supply arrangements

     s. 56



1                for a designated area in relation to the provision of a particular
2                class of water service.
3          (5)   The appointment of a licensee as the supplier of last resort for a
4                designated area in relation to the provision of a particular class
5                of water service cannot be expressed to have effect for more
6                than 2 years, but on the expiry of the appointment the licensee
7                may be reappointed any number of times.

8    56.         Functions of supplier of last resort
9                The supplier of last resort for a designated area in relation to the
10               provision of a particular class of water service must --
11                 (a) prepare a draft last resort supply plan for that area and
12                       that class of water service and submit it to the Authority
13                       within 3 months after being appointed as the supplier of
14                       last resort or within any longer period the Authority may
15                       allow; and
16                 (b) consult with the Authority with a view to obtaining
17                       approval of the draft plan; and
18                 (c) if the plan comes into operation -- carry out the
19                       arrangements and other provisions in the last resort
20                       supply plan.

21   57.         Approval or determination of supply plan
22         (1)   The Authority may --
23                (a) approve a draft last resort supply plan submitted under
24                     section 56; or
25                (b) request that it be amended and approve it in an amended
26                     form.
27         (2)   If the Authority is unable to approve a plan within a reasonable
28               period because a plan that it considers suitable has not been
29               submitted to it, the Authority may determine the contents of the
30               last resort supply plan.



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                                     Last resort supply arrangements           Part 3

                                                                                s. 58



1    58.         Amendment of supply plan
2          (1)   The supplier of last resort for a designated area in relation to the
3                provision of a particular class of water service may, with the
4                approval of the Authority, amend the last resort supply plan for
5                the area and that class of water service.
6          (2)   The Authority may at any time, after consultation with the
7                supplier of last resort for a designated area in relation to the
8                provision of a particular class of water service, amend the last
9                resort supply plan for the area and that class of water service.

10   59.         Supplier of last resort to be treated as licensee
11         (1)   If a last resort supply plan comes into operation in relation to an
12               area, the Act (other than Part 2) has effect, with any necessary
13               modifications, as if the supplier of last resort were a licensee in
14               relation to the area and the provision of the class of water
15               service covered by the plan.
16         (2)   This section has effect subject to any specific provision in
17               regulations made for the purposes of section 62(1)(b).

18   60.         Duty to perform functions of supplier of last resort
19               It is a condition of every licence that while the licensee is the
20               supplier of last resort for a designated area in relation to the
21               provision of a particular class of water service the licensee
22               must --
23                  (a) perform the functions of the supplier of last resort for
24                        the designated area and that class of water service; and
25                  (b) comply with the duties imposed on the licensee, in
26                        relation to those functions, under this Act (other than
27                        Part 2); and
28                  (c) carry out its operations under or for the purposes of the
29                        last resort supply plan in accordance with this Act (other
30                        than Part 2).



                                                                             page 45
     Water Services Bill 2011
     Part 3         Last resort supply arrangements

     s. 61



1    61.         Liability and recovery of costs of supplier of last resort
2          (1)   A supplier of last resort for a designated area in relation to the
3                provision of a particular class of water service is, in carrying out
4                the arrangements in the last resort supply plan for the area and
5                that class of water service, not liable for any losses, damage or
6                injury arising from --
7                  (a) an act or omission of a licensee or former licensee
8                        providing those water services in the area prior to the
9                        supplier of last resort doing so; or
10                 (b) the condition of the water service works used in the
11                       provision of those water services; or
12                 (c) the quality of the water services or any interruptions to
13                       them.
14         (2)   Subsection (1) does not apply to the extent to which the loss,
15               damage or injury --
16                 (a) arose as a consequence of the negligence of the supplier
17                      of last resort; or
18                 (b) is covered by section 218.
19         (3)   The supplier of last resort may apply to the Minister to recover,
20               from the State, its reasonable costs and expenses arising from --
21                 (a) an act or omission of a licensee or former licensee
22                      providing those water services in the area prior to the
23                      supplier of last resort doing so; or
24                 (b) the condition of the water service works used in the
25                      provision of those water services; or
26                 (c) dealing with or remedying such an act or omission or the
27                      condition of the water service works; or
28                 (d) providing the water service as a supplier of last resort.
29         (4)   The Minister, with the concurrence of the Treasurer, may pay
30               those costs and expenses if satisfied that --
31                 (a) the costs and expenses arose as described in
32                       subsection (3); and

     page 46
                                                            Water Services Bill 2011
                                    Last resort supply arrangements           Part 3

                                                                                s. 62



1                 (b)    the supplier of last resort limited its cost and expenses to
2                        the extent practicable; and
3                  (c)   the costs and expenses are not, or not expected to be,
4                        recovered from fees and charges received from
5                        recipients of those water services.
6          (5)   This section has effect while there are no regulations made for
7                the purposes of section 62(1)(b)(viii).

8    62.         Regulations about last resort supply arrangements
9          (1)   The regulations may deal with the following --
10                (a) the preparation and approval process for last resort
11                       supply plans, and the amendment of plans;
12                (b) last resort supply arrangements under a plan, including
13                       the following --
14                          (i) the commencement and extent of arrangements;
15                         (ii) the identification of the customers affected by
16                               the commencement of arrangements and the
17                               provision of information about customers to the
18                               supplier of last resort;
19                        (iii) the transfer of customers to the supplier of last
20                               resort and the nature of the relationship between
21                               them;
22                        (iv) the terms and conditions of the provision of
23                               water services under the arrangements, including
24                               those relating to fees and charges;
25                         (v) the application of water service charges;
26                        (vi) the recovery of costs and expenses by the
27                               supplier of last resort;
28                       (vii) the duration and cessation of any obligation to
29                               provide water services under the arrangements;
30                      (viii) the liability of, and indemnification of, the
31                               supplier of last resort;


                                                                             page 47
    Water Services Bill 2011
    Part 3         Last resort supply arrangements

    s. 62



1                     (ix)   rights, powers and duties of the Authority, the
2                            supplier of last resort, customers and other
3                            persons, in connection with the carrying out of
4                            the arrangements or the operation of a last resort
5                            supply plan.
6      (2)    Regulations made for the purposes of this section cannot expose
7             a licensee to greater liability, or provide for less compensation,
8             than that provided for by section 61.




    page 48
                                                         Water Services Bill 2011
                                 Water services ombudsman scheme           Part 4
                                                       Preliminary    Division 1
                                                                             s. 63



1                Part 4 -- Water services ombudsman scheme
2                              Division 1 -- Preliminary
3    63.          Terms used
4                 In this Part, unless the contrary intention appears --
5                 approved scheme means a scheme approved under section 65;
6                 complainant, in relation to an approved scheme, means a person
7                 who may have a complaint or dispute dealt with under the
8                 scheme;
9                 water services ombudsman has the meaning given in
10                section 65(1).

11   64.          Regulations about water services ombudsman scheme
12         (1)    The regulations may provide for and in relation to --
13                 (a) the establishment and operation of a scheme of the kind
14                       referred to in section 65; and
15                 (b) the functions of the water services ombudsman under a
16                       scheme.
17         (2)    The regulations may provide that this Part does not apply to a
18                licensee.

19    Division 2 -- Approval of water services ombudsman scheme
20   65.          Authority may approve scheme
21         (1)    The Authority may, by instrument in writing, approve a scheme
22                that provides for a person (the water services ombudsman) to
23                investigate and deal with --
24                  (a) disputes between a customer and a licensee; and
25                  (b) complaints about a licensee by a customer; and
26                  (c) complaints about a licensee by a person affected by the
27                        provision of a water service by the licensee or a failure
28                        by the licensee to provide a water service, other than

                                                                            page 49
     Water Services Bill 2011
     Part 4         Water services ombudsman scheme
     Division 2     Approval of water services ombudsman scheme
     s. 66



1                       complaints by a person who is a member of the licensee;
2                       and
3                 (d)   any other kind of dispute or complaint that is prescribed
4                       by the regulations.
5          (2)   A scheme may treat a failure to make a decision within a
6                specified period as a decision of a particular kind.
7          (3)   A scheme may be made applicable to a dispute or complaint that
8                arose before the commencement of the scheme, but not earlier
9                than 12 months before that commencement.
10         (4)   The Authority may, by instrument in writing, approve an
11               amendment to an approved scheme.
12         (5)   Notice of an approval under subsection (1) or (4) is to be
13               published in the Gazette.

14   66.         Requirements for scheme or amendment to be approved
15         (1)   The Authority may approve a scheme or an amendment to an
16               approved scheme if satisfied that the scheme, or the scheme as
17               amended, meets --
18                 (a) the objectives set out in subsection (2); and
19                 (b) any other prescribed objective.
20         (2)   The objectives are that --
21                (a) all licensees who are required to be members of the
22                      scheme --
23                         (i) are members of the scheme; and
24                        (ii) have agreed to be bound by decisions and
25                              directions of the water services ombudsman
26                              under the scheme; and
27                       (iii) as members, are bound in that way;
28                      and
29                (b) the scheme will be appropriately funded by the licensees
30                      who are required to be members; and


     page 50
                                                         Water Services Bill 2011
                                Water services ombudsman scheme            Part 4
                     Approval of water services ombudsman scheme      Division 2
                                                                             s. 67



1                 (c)    the scheme has satisfactory arrangements in place to
2                        deal with all disputes and complaints referred to in
3                        section 65(1); and
4                 (d)    the water services ombudsman will be able to operate
5                        independently of all licensees in performing his or her
6                        functions under the scheme; and
7                 (e)    the scheme will be accessible to complainants; and
8                 (f)    membership of the scheme will --
9                           (i) be accessible to all potential members; and
10                         (ii) provide appropriate representation for all
11                               members on the governing body of the scheme;
12                       and
13                (g)    the scheme will operate expeditiously and without cost
14                       to complainants; and
15                (h)    the scheme will satisfy best practice benchmarks for
16                       schemes of a similar kind, both in terms of its
17                       constitution and procedure and in terms of its day to day
18                       operations; and
19                 (i)   the scheme will provide for a monetary limit on claims
20                       covered by the scheme of an amount or amounts
21                       approved by the Authority; and
22                 (j)   the scheme will maintain the capacity of the water
23                       services ombudsman, where appropriate, to refer
24                       disputes or complaints to other forums; and
25                (k)    the scheme will require the water services ombudsman
26                       to inform the Authority of substantial breaches of any
27                       licence condition of which the ombudsman becomes
28                       aware.

29   67.         Revocation of approval
30         (1)   The Authority may, by instrument in writing, revoke the status
31               of a scheme as an approved scheme if it is satisfied that the
32               scheme no longer meets the objectives referred to in section 66.


                                                                           page 51
     Water Services Bill 2011
     Part 4         Water services ombudsman scheme
     Division 3     Scheme operation
     s. 68



1          (2)   In exercising the power of revocation the Authority must --
2                  (a) follow any prescribed procedure; and
3                  (b) comply with any other prescribed requirements.
4          (3)   A copy of an instrument under subsection (1) is to be laid before
5                each House of Parliament within 14 sitting days of that House
6                after the day on which the revocation took effect.

7                         Division 3 -- Scheme operation
8    68.         Customers etc. may have decision or complaint reviewed
9          (1)   The following persons may apply to the water services
10               ombudsman under an approved scheme for a review of a
11               decision or complaint to which the scheme relates --
12                 (a) a customer;
13                 (b) a person affected by the provision of a water service by
14                       the licensee or a failure by the licensee to provide a
15                       water service;
16                 (c) in relation to a dispute or complaint prescribed for the
17                       purposes of section 65(1)(d) -- a person who is
18                       involved as a customer in such a dispute or complaint.
19         (2)   If an application is made the water services ombudsman may, in
20               respect of the decision or complaint --
21                  (a) make any order or determination; or
22                 (b) give any direction; or
23                  (c) decline to deal with a matter on any ground,
24               that is provided for by the scheme.

25   69.         Jurisdiction of courts and tribunals
26         (1)   Nothing in this Part or in an approved scheme affects the
27               jurisdiction of a court or tribunal.




     page 52
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                                Water services ombudsman scheme           Part 4
                                  Membership of approved scheme      Division 4
                                                                            s. 70



1          (2)   The water services ombudsman must decline to deal with a
2                matter if --
3                 (a) it has been or is being dealt with by a court or tribunal;
4                        or
5                 (b) in his or her opinion the matter should be dealt with by a
6                        court or tribunal.

7                Division 4 -- Membership of approved scheme
8    70.         Membership of approved scheme
9          (1)   The Authority must not grant a licence to a person, approve of
10               the transfer of a licence to a person or renew a licence held by a
11               licensee unless it is satisfied that the person or the licensee --
12                  (a) is a member of an approved scheme; or
13                 (b) will, if the licence is granted or the transfer is approved
14                       of, become a member of an approved scheme.
15         (2)   It is a condition of every licence that the licensee cannot provide
16               water services to customers unless the licensee --
17                  (a) is a member of an approved scheme; and
18                  (b) is bound by the scheme; and
19                  (c) will comply with any decision or direction of the water
20                        services ombudsman under the scheme.
21         (3)   To the extent to which a person is unable to become a member
22               of an approved scheme because of a limitation in the functions
23               or capacities of the person, the person has the function and
24               capacity to do so by force of this subsection.




                                                                            page 53
     Water Services Bill 2011
     Part 5         Water services
     Division 1     Terms used
     s. 71



1                           Part 5 -- Water services
2                             Division 1 -- Terms used
3    71.         Terms used
4          (1)   In this Part, unless the contrary intention appears --
5                compliance officer means a person designated under
6                section 210(3) or (4) as a compliance officer for the purposes of
7                the provision of this Part in which the term is used;
8                drain means a conduit or a watercourse or other natural channel
9                for conveying stormwater, surface water or ground water;
10               drainage works of a licensee means water service works of the
11               licensee that are used by the licensee in the provision of a
12               drainage service;
13               FESA means the Fire and Emergency Services Authority of
14               Western Australia established by the Fire and Emergency
15               Services Authority of Western Australia Act 1998 section 4;
16               fire district has the meaning given in the Fire Brigades
17               Act 1942;
18               fittings means --
19                  (a) valves, meters and other things used for and in relation
20                        to the provision of water services; and
21                 (b) cisterns, syphons, traps, manholes, ventilators and other
22                        apparatus used for and in relation to the safe and proper
23                        working of any drain, sewer or property connection;
24               fixtures means things that may be connected to sewerage works
25               for the collection, pumping or retention of wastewater for
26               ultimate discharge into the sewerage works and includes closet
27               pans, urinals, baths, sinks, basins, troughs and pumps connected
28               to the sewerage works;
29               infrastructure contribution has the meaning given in
30               section 85(1);



     page 54
                                             Water Services Bill 2011
                                        Water services         Part 5
                                          Terms used      Division 1
                                                                 s. 71



1    property connection means --
2       (a) a property drainage connection; or
3      (b) a property sewer connection; or
4       (c) a property water supply connection; or
5      (d) in relation to irrigation works on or in relation to
6             particular land -- that part of the irrigation works
7             that --
8                (i) connects the irrigation works of a licensee to
9                     irrigation works on the land; and
10              (ii) is downstream of the property connection point;
11   property connection point, in relation to a property connection,
12   means the point (determined by the licensee) at which the
13   property connection joins the water service works of a licensee;
14   property drainage connection, in relation to drainage assets on
15   particular land, means that part of a drainage asset that --
16      (a) connects the drainage assets on the land to the drainage
17            assets of a licensee; and
18     (b) is upstream of the property connection point;
19   property sewer connection means that part of a sewer
20   (connecting a wastewater inlet to the sewerage works of a
21   licensee) that is between the inlet and the property connection
22   point;
23   property water supply connection means that part of a conduit
24   connecting water supply works of a licensee to a water supply
25   outlet that is downstream from the property connection point;
26   quality/quantity charge means a water service charge based on
27   the quality or quantity, or quality and quantity, of water
28   supplied or drained or wastewater discharged;
29   sewer means a conduit for conveying wastewater;
30   sewerage works of a licensee means water service works of the
31   licensee that are used by the licensee in the provision of a
32   sewerage service;


                                                              page 55
     Water Services Bill 2011
     Part 5         Water services
     Division 1     Terms used
     s. 71



1              standard terms and conditions of service, in relation to a water
2              service provided by a licensee to a person, means --
3                (a) the terms and conditions for the provision of the service
4                      under a standard customer contract between the licensee
5                      and the person (if there is one); and
6                (b) the standard terms and conditions for the provision of
7                      the service under the licence, to the extent to which the
8                      provision of the service is not covered by a standard
9                      customer contract; and
10               (c) the standard terms and conditions for the provision of
11                     the service published from time to time by the licensee
12                     on the licensee's website (or as otherwise prescribed), to
13                     the extent to which the provision of the service is not
14                     covered by standard terms and conditions under the
15                     licence or a standard customer contract;
16             statutory water service charge means a water service charge
17             payable under the regulations;
18             wastewater inlet means a fixture into which wastewater may
19             enter or be introduced;
20             water service charge means a charge for, or in relation to, the
21             provision of a water service but does not include an
22             infrastructure contribution;
23             water supply works of a licensee means water service works of
24             the licensee that are used by the licensee in the provision of a
25             water supply service.
26      (2)    In this Part --
27               (a) a reference to land includes a reference to a lot (within
28                      the meaning of the Strata Titles Act 1985 section 3(1));
29                      and
30               (b) a reference to an owner of land includes a reference to a
31                      proprietor of a lot (within the meaning of the Strata
32                      Titles Act 1985 section 3(1)).




     page 56
                                                              Water Services Bill 2011
                                                        Water services          Part 5
                                  Provision of water services generally    Division 2
                                                                                  s. 72



1          (3)    For the purposes of this Part, a fitting, fixture, pipe or other
2                 thing is connected to water service works of a licensee if --
3                   (a) it is connected to those works via a conduit; or
4                   (b) it is part of the conduit.

5                Division 2 -- Provision of water services generally
6    72.          Application of this Division in relation to certain agreements
7                 The agreements (about the provision of water services) to which
8                 this Division applies --
9                   (a) include such agreements entered into before this
10                        Division came into operation; but
11                  (b) do not include standard customer contracts.

12   73.          Statutory entitlement to provision of water services
13         (1)    The owner of land in respect of which statutory water service
14                charges apply for the provision of a water service by a licensee
15                is entitled to the provision of the water service.
16         (2)    The owner's entitlement is subject to --
17                 (a) the terms and conditions of the provision of the service;
18                      and
19                 (b) the charges referred to in subsection (1), that are due to
20                      the licensee, being paid; and
21                 (c) the provisions of this Part.

22   74.          Terms and conditions of provision of water services
23         (1)    For the purposes of section 73(2)(a), the terms and conditions of
24                the provision of the service to which the owner is entitled under
25                section 73 are --
26                  (a) the standard terms and conditions of service (if any) in
27                        relation to the service and the licensee, except to the
28                        extent to which the standard terms and conditions of



                                                                               page 57
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     Part 5         Water services
     Division 2     Provision of water services generally
     s. 75



1                         service are inconsistent with the terms and conditions
2                         referred to in paragraph (b); and
3                  (b)    the terms and conditions of the provision of the service
4                         in an agreement about the provision of the service (if
5                         any), to the extent to which those terms and conditions
6                         are binding on the owner.
7                Note: Section 76 provides that certain terms and conditions of agreements
8                      about the provision of a water service are binding on subsequent
9                      owners of the land in certain circumstances.

10         (2)   To the extent to which standard terms and conditions of service
11               apply to the provision of a water service by a licensee other than
12               under a standard customer contract, the licensee is to be taken to
13               have approved of the provision of the service on those terms and
14               conditions.
15         (3)   If a licensee provided a non-standard water service in respect of
16               land immediately before this section came into operation and
17               there is no written agreement about the provision of the service,
18               the licensee is to be taken to have approved of the provision of
19               the service on terms and conditions that reflect the nature of the
20               service provided.
21         (4)   Subsection (3) applies in relation to the provision of a
22               non-standard water service in respect of land to the exclusion of
23               subsections (1) and (2) until the service is no longer required or
24               the owner of the land enters into an agreement about the
25               provision of the service.
26         (5)   In subsections (3) and (4) --
27               non-standard water service means a water service, of a
28               particular type, the provision of which is different in some
29               material way from the usual provision of water services of that
30               type.

31   75.         Agreements about provision of water services
32         (1)   An agreement between a licensee and a person about the
33               provision of a water service does not have effect to the extent to

     page 58
                                                      Water Services Bill 2011
                                                Water services          Part 5
                          Provision of water services generally    Division 2
                                                                          s. 75



1          which it is inconsistent with this Act and the conditions of the
2          licence under which the licensee provides the water service.
3    (2)   Without limiting what an agreement may cover, it may cover
4          the following matters --
5            (a) special circumstances that result in difficulties in
6                  providing a water service (for example, low pressure or
7                  flow rates), any special measures to deal with those
8                  circumstances and additional charges to cover the cost
9                  of the special measures;
10           (b) if statutory water service charges do not apply for the
11                 provision of a water service -- the water service charges
12                 for the provision of the service;
13           (c) if statutory water service charges apply for the provision
14                 of a water service -- alternative water service charges
15                 for the provision of the service;
16           (d) security for the future payment of fees and charges.
17   (3)   If an agreement provides for alternative water service charges
18         for the provision of a water service --
19            (a) statutory water service charges do not apply to the
20                 provision of the service to the extent to which
21                 alternative water service charges are provided for by the
22                 agreement; and
23           (b) if a statutory water service charge that does not apply
24                 because of paragraph (a) would have applied in respect
25                 of land -- an alternative water service charge that
26                 corresponds to the statutory water service charge applies
27                 in respect of the land, unless the agreement provides
28                 otherwise; and
29            (c) the agreement does not have effect to the extent to
30                 which a person who is not bound by the agreement
31                 would otherwise be placed in a less favourable position
32                 than the person would have been in if the agreement had
33                 not been made.


                                                                      page 59
     Water Services Bill 2011
     Part 5         Water services
     Division 2     Provision of water services generally
     s. 76



1    76.         Aspects of certain agreements binding on successors
2          (1)   In this section --
3                Registrar means the Registrar of Titles or Registrar of Deeds
4                and Transfers, according to which of them is responsible for
5                registering a notification referred to in this section.
6          (2)   This section applies to a written agreement between a licensee
7                and an owner of land about the provision of a water service in
8                respect of the land, except to the extent to which the agreement
9                is an approval to discharge trade waste.
10         (3)   Unless the agreement provides otherwise, the terms and
11               conditions of the agreement are binding on each subsequent
12               owner of the land who has prior notice of the agreement, until
13               the service is no longer required or the subsequent owner enters
14               into an agreement about the service.
15         (4)   Unless the agreement provides otherwise, terms and conditions
16               of the agreement relating to --
17                 (a) any aspects of the service that do not ordinarily apply to
18                       a service of that type; or
19                 (b) the quantity or quality of water supplied or wastewater
20                       discharged; or
21                 (c) water service charges; or
22                 (d) the indemnification of the licensee for costs or expenses
23                       relating to the provision of the service,
24               are binding on each subsequent owner of the land whether or
25               not the owner has prior notice of the agreement, until the service
26               is no longer required or the owner enters into an agreement
27               about the service.
28         (5)   A reference in this section to prior notice of an agreement
29               includes a reference to notice prior to this section coming into
30               operation.




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1          (6)   For the purposes of subsections (3) and (4), a subsequent owner
2                is to be taken to have prior notice of an agreement if --
3                  (a) a notification of the agreement is registered under
4                         subsection (8); or
5                  (b) a notification of the agreement has been lodged and the
6                         certificate of title for the land is endorsed under the
7                         Transfer of Land Act 1893 section 70A, whether or not
8                         the endorsement occurred before or after this section
9                         came into operation.
10         (7)   Subsection (6) does not apply in relation to a subsequent owner
11               unless the registration or endorsement occurred at least 21 days
12               before the day on which the subsequent owner became the
13               owner of the land, that is, the day on which the subsequent
14               owner obtained possession of the land under or in anticipation
15               of the transfer or conveyance of the interest in the land that
16               entitles the subsequent owner to the ownership of the land.
17         (8)   A licensee may lodge a notification of an agreement with the
18               Registrar who, on payment of the prescribed fee (if any), may
19               register the notification and make appropriate endorsements on
20               the title and records relating to that land.
21         (9)   If the agreement ceases to be relevant, the licensee must lodge a
22               withdrawal of notification with the Registrar who, on payment
23               of the prescribed fee (if any), must record the withdrawal of
24               notification on the title and records relating to the land.
25    (10)       A notification or withdrawal of notification must be in a form
26               approved by the Registrar.

27   77.         Interruption of water services generally
28         (1)   A licensee may interrupt, suspend or restrict the provision of a
29               water service to the extent to which it is necessary, in the
30               licensee's opinion, to do so because of an accident, emergency,
31               potential danger or other unavoidable cause, or for the purposes
32               of maintenance and repair.


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1          (2)   A licensee is not liable for any loss or damage that arises from
2                an interruption, suspension or restriction under subsection (1)
3                except to the extent to which --
4                  (a) the interruption, suspension or restriction results from --
5                           (i) a negligent act or omission of the licensee; or
6                          (ii) an act or omission of the licensee done or made
7                               in bad faith;
8                        or
9                  (b) the licensee has agreed otherwise.
10         (3)   A licensee must take reasonable steps to minimise the extent or
11               duration of any interruption, suspension or restriction under
12               subsection (1).
13         (4)   A licensee's capacity to interrupt, suspend or restrict the
14               provision of a water service under this section for the purposes
15               of maintenance is subject to any restriction on that capacity in
16               the terms and conditions of the licence authorising the provision
17               of the service.

18   78.         Meters
19         (1)   If a water service is, or is to be, provided by a licensee in
20               respect of land, the licensee may install or require the
21               installation of a meter.
22         (2)   The meter must be located on the land in respect of which the
23               service is provided unless the licensee decides otherwise.

24   79.         Accuracy and testing of meters
25         (1)   For all purposes, a meter is to be presumed to be operating
26               within the prescribed tolerance for that type of meter unless
27               there is evidence to the contrary.
28         (2)   A certificate, purporting to be signed by a licensee or an
29               employee of a licensee, setting out --
30                (a) readings of a meter; or


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1                   (b)   the quantity of water or wastewater that has passed
2                         through a meter in a specified period,
3                  is to be presumed to correctly set out those matters unless there
4                  is evidence to the contrary.
5          (3)     The regulations may deal with the accuracy and testing of
6                  meters including by --
7                   (a) prescribing tolerances; and
8                   (b) giving persons a right to have meters tested; and
9                   (c) providing for who will pay the costs of testing a meter,
10                         including costs that exceed the amount of any prescribed
11                         fee.
12         (4)     In subsection (2), a reference to an employee of a licensee
13                 includes a reference to a contractor of the licensee (who is an
14                 individual) or an employee of a contractor of the licensee.

15               Division 3 -- Development and building control, and
16                           infrastructure contributions
17   80.           Terms used
18                 In this Division --
19                 development has the meaning given in the Planning and
20                 Development Act 2005 section 4(1);
21                 subdivision includes re-subdivision or amalgamation.

22   81.           Application of this Division
23                 This Division does not apply to or in respect of an irrigation
24                 licence.

25   82.           Notification of and requirements as to building work
26         (1)     If a person proposes to construct, alter or demolish a building on
27                 land in the operating area of a licence, the person must give the
28                 licensee notice of the proposed construction, alteration or
29                 demolition before commencing.

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1       (2)    The notice must be in a form approved by the licensee, together
2              with plans and specifications of the proposed construction,
3              alteration or demolition.
4       (3)    Subsection (1) does not apply to prescribed types or areas of
5              land.
6       (4)    The licensee must return a copy of the plans and specifications
7              with any written directions about the proposed construction,
8              alteration or demolition, and any related plumbing, that the
9              licensee thinks necessary to ensure the safety and efficacy of
10             water services provided or to be provided in respect of the
11             building and of the water services provided by the licensee
12             generally.
13      (5)    The licensee must comply with subsection (4) within 7 days
14             after the day on which the licensee receives the fee, calculated
15             in accordance with the regulations, for dealing with the
16             notification, or the licensee enters into an arrangement for the
17             payment of the fee.
18      (6)    The person must not commence the construction, alteration or
19             demolition of the building until the earlier of --
20               (a) receiving the copy of the plans and specifications from
21                    the licensee under subsection (4); or
22               (b) the end of the period referred to in subsection (5).
23             Penalty: a fine of $7 500.
24      (7)    The person must comply with directions given under
25             subsection (4) if the directions are given before the end of the
26             period referred to in subsection (5).
27             Penalty: a fine of $10 000.
28      (8)    A person who commences the construction, alteration or
29             demolition of a building without complying with subsection (1)
30             is liable, in addition to any penalty imposed under
31             subsection (6), to pay the licensee an amount equal to the fees



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1                that the person would have paid if the person had complied with
2                this section.
3          (9)   It is a defence to a charge of an offence under subsection (6) to
4                prove that --
5                   (a) an emergency had arisen making it necessary that the
6                         building be constructed, altered or demolished before
7                         the directions of the licensee were received; and
8                   (b) the person gave the licensee notice (complying with
9                         subsection (2)) of the construction, alteration or
10                        demolition as soon as practicable.

11   83.         Satisfying requirements for additional water services
12         (1)   This section applies if one or more of the following apply --
13                (a) there is a proposal for the development or subdivision of
14                      land and the land is in an operating area of a licence;
15                (b) there is an application for a building permit under the
16                      Building Act 2011 and the building work under the
17                      permit will be carried out on land in an operating area of
18                      a licence;
19                (c) building work for which a building permit under the
20                      Building Act 2011 is or was required is taking, or has
21                      taken, place on land in an operating area of a licence;
22                (d) a licensee receives an application for an approval to
23                      discharge trade waste;
24                (e) a person applies to a licensee for the provision of a
25                      water supply, sewerage or drainage service in respect of
26                      particular land;
27                 (f) there is a change, or a proposed change, in the use of
28                      land in respect of which a water supply, sewerage or
29                      drainage service is provided by a licensee;
30                (g) there is a change, or a proposed change, in the use of a
31                      water service provided in respect of land by a licensee.



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1       (2)    If the licensee is satisfied that, in order to meet a requirement
2              for a water supply, sewerage or drainage service indicated by
3              the proposal, application, building work or change in use --
4                 (a) there will be, or has been, an increase in the demand for
5                       that type of water service; and
6                (b) water service works are or will be required to meet the
7                       demand, either at the time of the increased demand or in
8                       the future,
9              the licensee may require the proponent, applicant or owner or
10             occupier of the land to give the licensee information or further
11             information about the proposal, application, building work or
12             change in use and may do one or more of the things set out in
13             subsection (3).
14      (3)    The licensee may, by notice given to the proponent, applicant or
15             owner of the land, require one or more of the following --
16              (a) that the water service works described in the notice be
17                     provided according to its requirements and
18                     specifications;
19              (b) that the licensee be paid an infrastructure contribution
20                     determined in accordance with the guidelines referred to
21                     in section 85(3);
22              (c) that the licensee be paid an amount to cover the costs of
23                     the licensee doing the water service works referred to in
24                     the notice.
25      (4)    A notice under subsection (3) may be varied --
26              (a) in relation to a requirement under subsection (3)(a) --
27                    until the earlier of the works being substantially
28                    completed or the licensee entering into an agreement
29                    about the provision of the works; or
30              (b) in relation to a requirement under subsection (3)(b)
31                    or (c) -- until the earlier of the contribution or amount
32                    being paid or the licensee entering into an agreement
33                    about the payment of the contribution or amount.


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1     (5)   A notice under subsection (3)(a) or (c) may include water
2           service works and requirements that take into account existing
3           and future requirement for water services, whether or not
4           indicated by the proposal, building work, application or change
5           in use.
6     (6)   The Minister may, in writing, require the licensee to vary,
7           replace or revoke a notice given under subsection (3).
8     (7)   Despite anything else in this Act, the licensee may refuse to --
9            (a) grant an application for an approval to discharge trade
10                 waste; or
11           (b) provide a new, additional or expanded water supply,
12                 sewerage or drainage service in respect of land; or
13           (c) do works requested by the owner of land,
14          unless a requirement under subsection (3) relating to the
15          application, service or works has been met or the applicant or
16          owner has entered into an agreement with the licensee about
17          meeting that requirement.
18    (8)   Nothing in this section prevents the licensee from entering into
19          an agreement about the works, the contribution or the amount
20          referred to in a notice under subsection (3), including an
21          agreement that provides for works, a contribution or an amount
22          different to that described or specified in the notice.
23    (9)   The licensee may recover a contribution or amount that a person
24          is required to pay under a notice under subsection (3)(b) or (c)
25          as a debt from the person in a court of competent jurisdiction,
26          unless the licensee and the person have entered into an
27          agreement about the contribution or amount, in which case, the
28          matter is to be dealt with under the agreement.
29   (10)   The regulations may deal with deferring infrastructure
30          contributions, including by providing for --
31            (a) licensees to be required to defer a contribution in
32                 specified circumstances; and


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1                 (b)    the costs, expenses and losses of a licensee attributable
2                        to the deferment (including any costs or expenses
3                        incurred by the licensee under section 128) to be
4                        payable to the licensee; and
5                  (c)   interest on deferred amounts that have become payable
6                        and that are overdue.

7    84.         Ensuring water service works are done
8          (1)   If the licensee is satisfied that a person given a notice under
9                section 83(3)(a) is not going to comply with the notice within a
10               reasonable time, the licensee may provide the works described
11               in the notice.
12         (2)   Before commencing to provide the works, the licensee must
13               give 21 days notice of its intention to do so to the person.
14         (3)   Subsection (1) does not apply if the licensee has entered into an
15               agreement about doing the works referred to in the notice.
16         (4)   Persons authorised by the licensee for the purposes of this
17               subsection may enter any place, in accordance with Part 8, and
18               do all things necessary for the purposes of subsection (1).
19         (5)   The licensee may recover the reasonable costs and expenses of
20               doing the works from the person given the notice, and may seek
21               an order for the recovery of those costs and expenses in a court
22               of competent jurisdiction.

23   85.         Infrastructure contributions
24         (1)   An infrastructure contribution is a financial contribution to a
25               licensee by a person referred to in section 83(3), whether
26               payable under a notice under section 83(3)(b) or an agreement,
27               the purpose of which is to assist in offsetting present or future
28               costs to the licensee of providing or upgrading infrastructure,
29               the provision or upgrading of which is or will be necessitated, in
30               part, by the increase in demand for water services brought
31               about, or to be brought about, by the activity of a person.


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1    (2)   In subsection (1) --
2          activity of a person means, in respect of a person referred to in
3          section 83(2), the development, subdivision, building work,
4          discharge or application by the person, or change in use of land,
5          or change in use of a service provided in respect of land, owned
6          or occupied by the person;
7          infrastructure includes, subject to subsection (7) --
8            (a) headworks, that is, dams, reservoirs, water treatment or
9                   reclamation plants, pumping stations, wastewater
10                  treatment plants, bores, drains, mains and similar
11                  infrastructure; and
12           (b) reticulation works, that is, the system of reticulated
13                  conduits and associated works necessary to provide a
14                  water service to or in respect of land by connecting
15                  headworks to the point at which, or the place in respect
16                  of which, the service is provided.
17   (3)   The Minister must approve guidelines that set out the extent to
18         which an infrastructure contribution can be required and the
19         methods for determining, or guiding the determination of, the
20         amounts of infrastructure contributions.
21   (4)   The guidelines may use factors that do not bear a direct
22         relationship to the costs but which are instead statistically
23         derived in specifying methods for determining, or guiding the
24         determination of, the amounts of infrastructure contributions.
25   (5)   The Minister may approve guidelines that are applicable to
26         particular licensees or to all licensees.
27   (6)   The Minister must publish the guidelines on the Department's
28         website.
29   (7)   The regulations may provide that prescribed works are or are
30         not infrastructure for the purposes of this section.




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1    86.           Property in certain works
2          (1)     Sections 162 and 163 apply to water service works provided
3                  under or in accordance with a notice given by a licensee under
4                  section 83(3)(a) as if the works were provided by the licensee in
5                  the exercise of a power under this Act, except to the extent to
6                  which an agreement with the licensee provides otherwise, in
7                  which case, the agreement has effect according to its terms.
8          (2)     Sections 162 and 163 apply to water service works provided
9                  under an agreement with a licensee as if the works were
10                 provided by the licensee in the exercise of a power under this
11                 Act, except to the extent to which the agreement provides
12                 otherwise, in which case, the agreement has effect according to
13                 its terms.

14   87.           Review of certain decisions under or relating to this Division
15         (1)     A person listed in the Table to this section as a person affected
16                 by a decision of a licensee listed in the Table may apply to the
17                 State Administrative Tribunal for a review of the decision.
18                                              Table
                       Decision of licensee                 Person affected

                 as to the directions under         the person who gave the
                 section 82(4)                      notice under section 82(1)

                 to give a notice under             the person given the notice
                 section 83(3)

                 as to the requirements in a      the person given the notice
                 notice given under section 83(3)

                 to vary a notice under             the person given the notice
                 section 83(4)




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                 Decision of licensee                 Person affected

           to refuse to do a thing referred    a person adversely affected by
           to in section 83(7)                 the decision

           to do works under section 84(1)     the person given the notice
                                               under section 83(3)(a)

           to lodge a memorial under         a person adversely affected by
           section 128 in relation to the    the decision
           costs and expenses referred to in
           section 84(5)

1    (2)     If a person makes an application under subsection (1) in relation
2            to a decision of a licensee to do works under section 84(1) --
3               (a) the licensee cannot provide the works, or continue the
4                    works, until the application has been finally dealt with
5                    by the State Administrative Tribunal, unless --
6                       (i) the State Administrative Tribunal orders
7                            otherwise; or
8                      (ii) the licensee is satisfied that a dangerous situation
9                            exists and that urgent action is needed in order to
10                           assess, reduce, eliminate or avert a risk to
11                           persons, property or the environment;
12                   and
13             (b) the person must not do any works or take any other
14                   similar action that would prevent the works being done,
15                   while the person's application is not finally resolved.
16           Penalty: for an offence under paragraph (b), a fine of $5 000.




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1            Division 4 -- Protection of works, fittings and fixtures
2    88.         Interfering with water service works of licensee
3          (1)   A person must not --
4                 (a) uncover the water service works of a licensee; or
5                 (b) open, shut, damage or otherwise interfere with the water
6                       service works of a licensee; or
7                 (c) interfere with the operation of the water service works
8                       of a licensee; or
9                 (d) attach a fitting, pipe or other thing to the water service
10                      works of a licensee; or
11                (e) repair, replace or remove a fitting or pipe that is part of
12                      the water service works of a licensee; or
13                 (f) place any thing in the water service works of a licensee;
14                      or
15                (g) discharge water, wastewater or any other liquid into, or
16                      allow any other thing to enter, the water service works
17                      of a licensee,
18               except in accordance with the approval of the licensee or in
19               accordance with any other lawful authority.
20               Penalty:
21                   (a) for an individual --
22                            (i) for an offence under paragraph (a), a fine of
23                                $5 000;
24                           (ii) for an offence under another paragraph, a fine
25                                of $15 000;
26                   (b) for a body corporate --
27                            (i) for an offence under paragraph (a), a fine of
28                                $10 000;
29                           (ii) for an offence under another paragraph, a fine
30                                of $30 000.



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1          (2)   This section does not apply to a member of a licensee in respect
2                of the water service works of the licensee.
3          (3)   If, in proceedings for an offence under subsection (1), a person
4                is found to have damaged the water service works of a licensee
5                in a road, a water service reserve or an easement in favour of the
6                licensee, the person is to be presumed, in the absence of
7                evidence to the contrary, to have done so without the approval
8                of the licensee and without any other lawful authority.
9          (4)   In subsection (3) --
10               water service reserve means land reserved under the Land
11               Administration Act 1997 section 41 for the purpose of the
12               provision of a water supply, sewerage or drainage service.
13         (5)   It is a defence to a charge of an offence under subsection (1)
14               relating to any works that were underground to prove that the
15               contravention occurred because the person charged relied on
16               information obtained from the licensee as to the location of the
17               works.

18   89.         Taking water without or contrary to approval
19         (1)   A person must not take, or permit the taking of, water or
20               wastewater from the water service works of a licensee, or a
21               conduit connected to those works, except --
22                 (a) in accordance with the approval of the licensee or a
23                       person deriving authority to give such approval from the
24                       licensee; or
25                 (b) under the Fire Brigades Act 1942, the Bush Fires
26                       Act 1954 or another written law; or
27                 (c) under section 97(1); or
28                 (d) in accordance with any other right to take water that the
29                       person has because of owning or occupying land
30                       adjoining the works.
31               Penalty:
32                    (a) for an individual, a fine of $15 000;

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1                    (b)   for a body corporate, a fine of $30 000.
2          (2)   A person who contravenes subsection (1) for commercial gain
3                commits an offence.
4                Penalty:
5                    (a) for an individual, a fine of $50 000;
6                    (b) for a body corporate, a fine of $100 000.
7          (3)   A person charged with committing an offence under
8                subsection (2) may be convicted of an offence under
9                subsection (1) which is established by the evidence.
10         (4)   This section does not apply to a member of a licensee taking
11               water or wastewater from the water service works of the
12               licensee.

13   90.         Construction etc. over or in vicinity of water service works
14               of licensee
15         (1)   A person must not erect, construct, install, place or demolish
16               any building, plant, wall, fence or other obstruction --
17                 (a) in, on, over or under; or
18                 (b) within the prescribed proximity (if any) to,
19               water service works of a licensee, except in accordance with the
20               approval of the licensee.
21               Penalty: a fine of $10 000.
22         (2)   A person must not drill, bore, excavate or use impact equipment
23               within the prescribed proximity to water service works, of a
24               prescribed kind, of a licensee, or engage in any other activity
25               within the prescribed proximity that may damage those works,
26               except in accordance with the approval of the licensee.
27               Penalty: a fine of $10 000.
28         (3)   It is a defence to a charge of an offence under subsection (1)
29               or (2) relating to any works that were underground to prove that
30               the contravention occurred because the person charged relied on


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1          information obtained from the licensee as to the location of the
2          works.
3    (4)   The regulations, in providing for a prescribed proximity, may --
4           (a) provide that the licensee or another person may, for the
5                 purposes of the regulations, determine the proximity,
6                 within limits set out in the regulations; and
7           (b) prescribe different proximities for different types of
8                 works; and
9           (c) set out things that are to be taken to be, or not to be, an
10                obstruction for the purposes of subsection (1); and
11          (d) set out activities that are to be taken to, or not to,
12                damage works for the purposes of subsection (2).
13   (5)   If a licensee is satisfied that a person has contravened or is
14         contravening subsection (1) or (2) and that the obstruction or
15         activity is likely to interfere with or adversely affect the water
16         service works of the licensee, the licensee may give the person a
17         notice (a compliance notice) requiring the person, within a
18         specified time and in a specified manner, to do one or more of
19         the following --
20            (a) to cease the activity;
21           (b) to demolish, remove or alter the building, plant, wall,
22                  fence or other obstruction;
23            (c) to replace excavated material or remove fill;
24           (d) to do any other works necessary to restore, reinstate or
25                  protect the licensee's works.




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1          (6)   If a licensee is satisfied that a person has contravened
2                subsection (1) and that the obstruction or activity is likely to
3                interfere with or adversely affect the water service works of the
4                licensee, the licensee may give the owner of the land on which
5                the obstruction is located a notice under subsection (5), despite
6                not being satisfied that the owner was the person who
7                contravened subsection (1), but only if --
8                   (a) satisfied that it would be impracticable for the person
9                         who contravened subsection (1) to comply with the
10                        notice; or
11                 (b) after making reasonable enquiries -- the licensee cannot
12                        be satisfied as to the identity of the person who
13                        contravened subsection (1).
14         (7)   Before giving a notice under subsection (5), the licensee must,
15               to the extent practicable, consult with the owner of the land on
16               which the obstruction is located or the activity is taking place if
17               the person to be given the notice is not the owner of that land.

18   91.         Requirement to use etc. approved fittings, fixtures and pipes
19         (1)   A person must not --
20                 (a) install an unapproved fitting, fixture or pipe if it will be
21                      connected to the water service works of a licensee; or
22                (b) install a prohibited fitting, fixture or pipe if it will be
23                      connected to the water service works of a licensee; or
24                 (c) modify a fitting, fixture or pipe connected to the water
25                      service works of a licensee except in an approved way;
26                      or
27                (d) use a prohibited material or substance in connection
28                      with a fitting, fixture or pipe connected to the water
29                      service works of a licensee.
30               Penalty: a fine of $5 000.
31         (2)   Subsection (1) does not apply in relation to irrigation works.



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1          (3)   A fitting, fixture or pipe, a way of modifying a fitting, fixture or
2                pipe or a material or substance is approved or prohibited if it is
3                approved or prohibited as provided for in regulations made for
4                the purposes of this section.
5          (4)   The regulations may deal with the following --
6                 (a) the inspection, testing, marking and approval of the
7                       types of fittings, fixtures and pipes that may be
8                       connected to the water service works of a licensee;
9                 (b) fees for inspecting, testing, marking and approval under
10                      the regulations.

11   92.         Requirement to maintain etc. fittings, fixtures and pipes
12         (1)   An owner or occupier of land must ensure that each fitting,
13               fixture or pipe for which the owner or occupier is responsible --
14                 (a) is maintained so that it does not cause or allow the waste
15                       of water, a nuisance or a health hazard; and
16                 (b) is not used or arranged so as to cause or allow the waste
17                       of water, a nuisance or a health hazard; and
18                 (c) in the case of a fitting, fixture or pipe connected to the
19                       sewerage works of a licensee -- is not used or arranged
20                       so as to allow water other than wastewater to enter the
21                       works, unless the licensee has approved of that.
22         (2)   An owner or occupier of land in respect of which a sewerage
23               service is provided by a licensee must ensure that each fitting,
24               fixture or pipe connected to the sewerage works by a particular
25               property sewer connection is not used if it or the property sewer
26               connection is blocked or the sewerage works are blocked.
27               Penalty: a fine of $5 000.
28               Daily penalty: a fine of $250.
29         (3)   For the purposes of subsection (1), an owner or occupier of land
30               is responsible for a fitting, fixture or pipe if --
31                 (a) a water supply or sewerage service is provided in
32                       respect of the land; and

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1               (b)    the fitting, fixture or pipe is connected to the water
2                      supply or sewerage works of the licensee; and
3                (c)   the fitting, fixture or pipe is not owned by the licensee;
4                      and
5               (d)    in the case of an occupier of the land -- the occupier has
6                      a right to use the fitting, fixture or pipe and, for the
7                      purposes of subsection (1)(a), a duty under the
8                      occupancy to maintain it.
9       (4)    Despite subsection (3), an owner or occupier of land is not
10             responsible for a property connection to the extent to which the
11             licensee is obliged to maintain the connection, or some of the
12             connection, under the licensee's licence or an agreement with
13             the owner.
14      (5)    The regulations may provide for standards of maintenance for
15             the purposes of subsection (1)(a) and that a person who
16             complies with an applicable standard is to be taken to have
17             complied with the person's obligation under subsection (1)(a).
18      (6)    It is a defence to a charge of an offence under subsection (2) to
19             prove that the owner or occupier did not know, and could not
20             reasonably have known, that the property sewer connection was
21             or the sewerage works were blocked.
22      (7)    If the licensee or the Minister is satisfied that an owner or
23             occupier of land has contravened or is contravening
24             subsection (1) or (2) and that the contravention is likely to cause
25             or allow the waste of water, a nuisance, a health hazard, water
26             other than wastewater to enter the water service works of the
27             licensee or otherwise interfere with or adversely affect those
28             works, the licensee or the Minister may give the person a notice
29             (a compliance notice) requiring the person, within a specified
30             time and in a specified manner, to do one or more of the
31             following --
32                (a) to clean, maintain, repair, replace or disconnect the
33                      fitting, fixture or pipe;
34               (b) to cease to use the fitting, fixture or pipe;

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1                 (c)   to do any works necessary to remedy the contravention.
2          (8)   A person given a compliance notice must comply with it.
3                Penalty: a fine of $10 000.
4                Daily penalty: a fine of $500.

5                       Division 5 -- Water supply services
6    93.         Approval required before connecting to water supply
7          (1)   A person must not connect, or permit the connection of, a water
8                supply outlet on land to --
9                  (a) the water supply works of a licensee; or
10                 (b) a property water supply connection (whether on that or
11                      other land) connected to the water supply works of a
12                      licensee,
13               except in accordance with the approval of the licensee.
14               Penalty: a fine of $25 000.
15               Daily penalty: a fine of $1 000.
16         (2)   A licensee may approve of the connection of a water supply
17               outlet described in subsection (1) even though the connection
18               has already been made.
19         (3)   A person who has failed to comply with subsection (1) is liable,
20               in addition to any penalty imposed under that subsection, to pay
21               the licensee an amount equal to the fees and charges relating to
22               the connection that the person would have had to pay if the
23               person had applied for approval for the connection and the
24               licensee had approved of the connection.

25   94.         No connection of additional water supply without approval
26         (1)   An owner or occupier of land in respect of which a water supply
27               service is provided by a licensee must not connect a supply of
28               water to --
29                 (a) the property water supply connection; or

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1                 (b)    anything connected to the property water supply
2                        connection,
3                except in accordance with the approval of the licensee.
4                Penalty: a fine of $10 000.
5          (2)   In considering whether to approve of the connection of a supply
6                of water under subsection (1), and any conditions to which the
7                approval will be subject, the licensee may take into account the
8                risk of contamination of the water supply, the effectiveness of
9                the licensee's water supply system and any other relevant
10               matter, but may not take into account commercial
11               considerations.

12   95.         Disconnection or reduction in rate of flow etc.
13         (1)   A licensee may cut off, reduce the rate of flow of or refuse to
14               connect a supply of water to land if --
15                 (a) the land is unoccupied; or
16                 (b) water service charges (including interest on overdue
17                      amounts) due to the licensee for a water service
18                      provided in respect of the land remain unpaid for
19                      30 days after they become due; or
20                 (c) the occupier (or the owner if there is no occupier) of the
21                      land refuses to permit a meter to be installed as part of
22                      providing the water supply service to the land; or
23                 (d) the owner of the land requests that the licensee do so; or
24                 (e) another provision of this Act authorises the licensee to
25                      do so.
26         (2)   A licensee may reduce the rate of flow of a supply of water to
27               land if satisfied that it is necessary to do so to prevent the waste
28               of water on or associated with the land.
29         (3)   Despite any other provision of this Act, a licensee cannot cut off
30               the supply of water to an occupied dwelling unless the occupier
31               agrees to that.


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1          (4)   A licensee's capacity to cut off or reduce the rate of flow of a
2                supply of water under this Act is subject to any restrictions on
3                that capacity in the terms and conditions of the licence
4                authorising the provision of the water supply service.
5          (5)   Persons authorised by the licensee for the purposes of this
6                subsection may enter any place, in accordance with Part 8, and
7                do all things necessary for the purposes of subsection (1).
8          (6)   Cutting off or reducing the rate of flow of a supply of water to
9                land does not prevent --
10                 (a) the licensee from taking action to recover unpaid
11                      charges (including interest on overdue amounts); or
12                 (b) the taking of proceedings in respect of a contravention
13                      of a provision of this Act.
14         (7)   If a licensee has cut off or reduced the rate of flow of a supply
15               of water to land, the licensee may, before restoring the supply of
16               water to the land --
17                  (a) require payment of unpaid water service charges
18                        (including interest on overdue amounts) and any
19                        prescribed fees in relation to cutting off or reducing the
20                        rate of flow of the supply of water or restoring the
21                        supply, or rate of flow, of water; or
22                 (b) require arrangements satisfactory to the licensee to be
23                        made for the payment of the charges, interest and fees
24                        referred to in paragraph (a).

25   96.         Fire hydrants
26         (1)   If --
27                  (a)   a licensee provides water supply reticulation works; or
28                 (b)    a licensee enters into an agreement for the provision of
29                        water supply reticulation works,
30               the licensee must install, or require the installation of, fire
31               hydrants attached to those works in accordance with the
32               requirements of FESA, or the relevant local government, as to

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1              location and type of hydrant (according to whose district the
2              works are provided in).
3       (2)    For the purposes of this section, an area is a district of FESA if
4              it meets the description in subsection (3) and an area is a district
5              of a local government if it meets the description in
6              subsection (4).
7       (3)    If --
8                 (a)   water supply services are provided in an area; and
9                (b)    the area is in a fire district,
10             FESA may request the licensee to install, remove, repair or
11             maintain a fire hydrant in the area.
12      (4)    If --
13                (a)   water supply services are provided in an area; and
14               (b)    the area is in the district of a particular local
15                      government; and
16               (c)    the area is not in a fire district,
17             the local government may request the licensee to install,
18             remove, repair or maintain a fire hydrant in the area.
19      (5)    The licensee must comply with requests under subsections (3)
20             and (4), to the extent practicable and within a reasonable time.
21      (6)    An agreement between a licensee and FESA or a local
22             government about the provision and maintenance of fire
23             hydrants in an area may displace the application of
24             subsection (5) in relation to that area.
25      (7)    A licensee may recover the reasonable costs and expenses of
26             installing, removing, repairing or maintaining a fire hydrant in
27             accordance with the regulations, which (without limiting that)
28             may --
29               (a) limit what may be recovered as costs and expenses;



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1                 (b)    provide for the costs and expenses to be recovered from
2                        FESA or a local government (according to whose
3                        district the fire hydrant is in);
4                  (c)   provide for the recovery of the costs and expenses in a
5                        court of competent jurisdiction.
6          (8)   Subsection (7) does not prevent the costs and expenses from
7                being recovered indirectly via statutory water service charges.

8    97.         Taking water from fire hydrants
9          (1)   A local government, or a person authorised by the local
10               government, may take water from a fire hydrant in the district of
11               the local government free of charge for the purpose of
12               extinguishing a fire and for prescribed purposes.
13         (2)   Water may be taken from a fire hydrant, in accordance with this
14               Act, even though the water is not to be used for a purpose
15               relating to extinguishing fires.

16                        Division 6 -- Sewerage services

17                        Subdivision 1 -- Sewer connections

18   98.         Minister may require connection to sewerage works
19         (1)   The Minister may, by written notice, require an owner of land to
20               make an application for approval to connect a wastewater inlet
21               on the land to the sewerage works of a licensee if satisfied
22               that --
23                 (a) the inlet is reasonably capable of being connected to
24                       those works (which includes that the works run within,
25                       at or near a boundary of the land); and
26                 (b) it is in the public interest to require the owner to make
27                       the connection.
28         (2)   The connection is at the owner's expense.




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1          (3)   If --
2                   (a)   the owner fails to comply with the notice under
3                         subsection (1) within 3 months after the day on which
4                         the notice was given; or
5                  (b)    the application is approved and the owner fails to make
6                         the connection within 3 months after the day on which
7                         the application was approved,
8                the Minister may, by written notice, require the licensee to make
9                the connection.
10         (4)   Persons authorised by the licensee for the purposes of this
11               subsection may enter any place, in accordance with Part 8, and
12               do all things necessary for the purposes of giving effect to the
13               notice under subsection (3).
14         (5)   If, in the course of making the connection, the licensee places
15               water service works on land, or provides water service works
16               that are a part of land, and those works would be works of the
17               owner of the land if the owner had placed or provided those
18               works, those works cease to be works of the licensee once they
19               are completed.
20         (6)   The Minister must pay the reasonable costs and expenses of the
21               licensee of complying with the notice under subsection (3).
22         (7)   The Minister may recover an amount not exceeding the amount
23               paid under subsection (6) from the owner, and may seek an
24               order for the recovery of the amount in a court of competent
25               jurisdiction.

26   99.         Approval required before connecting to sewer
27         (1)   A person must not connect, or permit the connection of, a
28               wastewater inlet on land to --
29                (a) the sewerage works of a licensee; or




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1              (b)   a property sewer connection (whether on that or other
2                    land) connected to the sewerage works of a licensee,
3             except in accordance with the approval of the licensee.
4             Penalty: a fine of $50 000.
5             Daily penalty: a fine of $2 000.
6       (2)   A licensee may approve of the connection of a wastewater inlet
7             described in subsection (1) even though the connection has
8             already been made.
9       (3)   A person who has failed to comply with subsection (1) is liable,
10            in addition to any penalty imposed under that subsection, to pay
11            the licensee an amount equal to the fees and charges relating to
12            the connection that the person would have had to pay if the
13            person had applied for approval for the connection and the
14            licensee had approved of the connection.

15   100.     Common sewer connections
16      (1)   In this section --
17            common property sewer connection means a property sewer
18            connection that connects wastewater inlets on different
19            properties to the sewerage works of a licensee;
20            property means a lot as defined in the Planning and
21            Development Act 2005 section 4(1).
22      (2)   The regulations may deal with the sharing of the obligations
23            associated with common property sewer connections between
24            the owners of the properties concerned, including liability to
25            fees and charges.
26      (3)   Regulations made for the purposes of subsection (2) may
27            modify the effect of the provisions of this Division, Division 4
28            and regulations made for the purposes of section 124.




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1                   Subdivision 2 -- Discharge of trade waste

2    101.      Terms used
3       (1)    In this Subdivision --
4              occupier, of land, does not include an owner of land;
5              trade waste means, subject to subsection (2), wastewater other
6              than wastewater of the kind and volume ordinarily discharged
7              from an ordinary dwelling used solely or primarily as the
8              dwelling of the occupants.
9       (2)    The regulations may provide that wastewater of a prescribed
10             kind is or is not trade waste.

11   102.      Discharge of trade waste without or contrary to licensee's
12             approval
13      (1)    A person must not discharge, or permit the discharge of, trade
14             waste into a wastewater inlet connected to the sewerage works
15             of a licensee except in accordance with this section.
16             Penalty: a fine of $50 000.
17             Daily penalty: a fine of $2 000.
18      (2)    The owner of the land on which the inlet is located may
19             discharge, or permit the discharge of, trade waste into the inlet
20             in accordance with the approval of the licensee.
21      (3)    An occupier of the land, or a portion of the land, on which the
22             inlet is located may discharge trade waste into the inlet in
23             accordance with the approval of the licensee, given either to the
24             owner or to the occupier.
25      (4)    An approval, given to an owner of land, under which an
26             occupier of the land, or a portion of the land, discharges trade
27             waste need not name the occupier.
28      (5)    The regulations may prescribe circumstances in which, and
29             classes of persons to which, subsection (1) does not apply.



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                                               Sewerage services    Division 6
                                                                         s. 103



1    103.     Approval of licensee
2       (1)   The conditions to which the approval of a licensee may be
3             subject include conditions dealing with the following --
4               (a) the quality and quantity of trade waste to be discharged;
5               (b) the rate and timing of discharge;
6               (c) the doing of works and the installation of fittings and
7                     fixtures before trade waste can be discharged;
8               (d) the maintenance and monitoring of fittings, fixtures and
9                     pipes;
10              (e) the monitoring of, and reporting in relation to, trade
11                    waste discharged;
12               (f) the inspection of fittings and fixtures by employees of
13                    the licensee or other persons and the taking of samples;
14              (g) rights of entry;
15              (h) interruptions to service;
16               (i) indemnities against loss arising from discharge;
17               (j) the responsibilities as between the owner of the land and
18                    any occupier of the land.
19      (2)   An approval may be transferrable in accordance with its terms.
20      (3)   An approval may be amended or revoked.
21      (4)   The grounds for amending or revoking an approval are not
22            limited to those in section 104.

23   104.     Discharge of trade waste not in accordance with approval
24      (1)   If --
25               (a)   trade waste is discharged into a wastewater inlet
26                     connected to the sewerage works of a licensee; and
27              (b)    the licensee is satisfied that the discharge is not in
28                     accordance with section 102,
29            the licensee may do one or more of the things set out in
30            subsection (2).


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1       (2)    The licensee may --
2               (a) give a notice (a compliance notice) to the owner or an
3                      occupier of the land on which the inlet is located;
4               (b) amend the terms and conditions of an approval relevant
5                      to the discharge, including so that the discharge of trade
6                      waste into the inlet is no longer covered by the approval;
7               (c) revoke an approval relevant to the discharge;
8               (d) seek an order under section 127 for the recovery of the
9                      water service charges that the owner of the land ought to
10                     have paid for the discharge (including interest on
11                     overdue amounts) from the person who discharged the
12                     trade waste or the owner (who may be the same person).
13      (3)    For the purposes of subsection (2)(d), in the case of a person
14             other than the owner discharging the trade waste --
15               (a) if the person is not liable for water service charges in
16                     relation to the discharge of trade waste -- section 127(3)
17                     applies as if the person were liable; and
18               (b) the court cannot issue an order requiring the owner of
19                     the land to pay the water service charges unless satisfied
20                     that it is fair and reasonable to do so in the particular
21                     circumstances of the case.

22   105.      Failure to maintain fittings, fixtures and pipes
23      (1)    This section applies in relation to a property sewer connection
24             through which trade waste is discharged into the sewerage
25             works of a licensee.
26      (2)    If the licensee is satisfied that --
27                (a) a fitting, fixture or pipe --
28                        (i) that is part of or connected to the property sewer
29                              connection, has not been appropriately
30                              maintained; or




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                                              Sewerage services    Division 6
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1                      (ii)   that is required to be installed under the approval
2                             of the licensee to discharge trade waste, has not
3                             been installed or appropriately installed;
4                    and
5              (b)   the failure is likely to --
6                       (i) cause or allow a nuisance or a health hazard; or
7                      (ii) cause or allow wastewater to escape the property
8                            sewer connection; or
9                     (iii) interfere with or adversely affect the property
10                           sewer connection or the licensee's sewerage
11                           works,
12            the licensee may give a notice (a compliance notice) to the
13            owner or an occupier of the land on which the inlet is located.

14   106.     Compliance notices
15      (1)   A compliance notice may be given to more than one person in
16            respect of a particular discharge or wastewater inlet.
17      (2)   The licensee must specify in a compliance notice --
18             (a) in what way the person given the notice has failed to
19                    comply with section 104 or 105, including in what way
20                    the discharge or the fitting, fixture or pipe is not in
21                    accordance with the licensee's approval; and
22             (b) what the person given the notice must do to comply with
23                    the notice; and
24             (c) the time within which the person must comply with the
25                    notice.
26      (3)   For the purposes of subsection (2)(b), a person may be required
27            to --
28              (a) cease to use a fitting, fixture or pipe; or
29              (b) clean, maintain, repair, install, replace or disconnect a
30                    fitting, fixture or pipe; or



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1                (c)   do other works to remedy the failure to comply with
2                      section 104 or 105; or
3               (d)    institute or modify a maintenance, monitoring or
4                      reporting programme, as specified by the licensee.
5       (4)    A person given a compliance notice must comply with it.
6              Penalty: a fine of $10 000.
7              Daily penalty: a fine of $500.

8    107.      Regulations relating to discharge of trade waste
9              Without limiting section 222, regulations made for the purposes
10             of this Subdivision may do the following --
11               (a) deal with licensees giving approval for the purposes of
12                      this Subdivision, including by providing that a licensee
13                      cannot give an approval unless satisfied that a specified
14                      standard in relation to discharge or processing of trade
15                      waste can be met;
16               (b) regulate licensees' capacity to give a compliance notice
17                      to an owner of land in circumstances where an occupier
18                      of the land discharged the trade waste;
19               (c) regulate licensees' capacity to amend or revoke an
20                      approval;
21               (d) in relation to changes in the ownership of land --
22                         (i) provide for the ongoing effect of an approval as
23                              an interim measure until an approval is given to
24                              the new owner; and
25                        (ii) provide for the ongoing effect of agreements
26                              about the discharge of trade waste; and
27                       (iii) provide for the ongoing effect of compliance
28                              notices given to the owner or occupier of the
29                              land prior to the change in ownership.




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                                                Drainage services    Division 7
                                                                          s. 108



1                       Division 7 -- Drainage services
2    108.     Term used: drainage assets
3             In this Division --
4             drainage assets include drains, wetlands, swales, infiltration
5             devices, devices for litter, sediment or water quality
6             management, floodgates, pumping stations, culverts, and other
7             similar works and natural features.

8    109.     Controlled drainage assets
9       (1)   The Water Resources Minister may, by instrument in writing,
10            declare that a drainage asset is controlled by a licensee, for the
11            purposes of this Act, if satisfied that --
12              (a) the asset is necessary for the drainage services provided
13                    or to be provided by the licensee; and
14              (b) the drainage to be provided by the asset is in accordance
15                    with any relevant water resources management plan
16                    (however described) made under a written law; and
17              (c) it would be in the public interest to do so.
18      (2)   That a drainage asset is declared to be controlled by a licensee
19            does not affect --
20              (a) the rights a person has, or might obtain, to drain water
21                    from the land; or
22             (b) a right to take water that a person has because of owning
23                    or occupying land adjoining the asset.
24      (3)   The Minister may amend or revoke a declaration if satisfied that
25            to do so is --
26              (a)   in accordance with any relevant water resources
27                    management plan (however described) made under a
28                    written law; and
29             (b)    in the public interest.



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1       (4)    Before making, amending or revoking a declaration that a
2              drainage asset is controlled by a licensee, the Minister must --
3                (a)   give each owner of land on which the asset is located
4                      written notice that the Minister proposes to make,
5                      amend or revoke the declaration; and
6               (b)    consult with the Minister responsible for the
7                      administration of the Environmental Protection
8                      Act 1986; and
9                (c)   if the land on which the asset is located is CALM Act
10                     land -- consult with the Minister responsible for the
11                     administration of the Conservation and Land
12                     Management Act 1984.
13      (5)    The notice must set out the period within which the owner may
14             object to the proposed declaration, amendment or revocation,
15             which must be at least 30 days after the day on which the notice
16             is given.
17      (6)    The Minister must take into account any objection received
18             within that period.
19      (7)    A failure to comply with subsection (4) does not affect the
20             validity of a declaration, amendment or revocation if the
21             Minister has substantially complied with the subsection.
22      (8)    Notice of a declaration, or of the amendment or revocation of
23             one, must be published in the Gazette, but a failure to publish
24             the notice does not affect the validity of the declaration.
25      (9)    In subsection (4)(c) --
26             CALM Act land means --
27               (a) land referred to in the Conservation and Land
28                    Management Act 1984 s. 5(1); and
29               (b) land managed by the CEO (as defined in that Act) under
30                    an order or agreement under that Act.



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                                                       Water Services Bill 2011
                                                  Water services         Part 5
                                               Drainage services    Division 7
                                                                         s. 110



1    110.     Minister may require connection to drainage works
2       (1)   The Minister may, by written notice, require an owner of land,
3             to make an application for approval to connect a drainage asset
4             on the land to the drainage works of a licensee if satisfied
5             that --
6               (a) the drainage asset is reasonably capable of being
7                     connected to those works (which includes that the works
8                     run within, at or near a boundary of the land); and
9               (b) the drainage to be provided by making the connection is
10                    in accordance with any relevant water resources
11                    management plan (however described) made under a
12                    written law; and
13              (c) it is in the public interest to require the owner to make
14                    the connection.
15      (2)   The connection is at the owner's expense.
16      (3)   If --
17               (a)   the owner fails to comply with the notice under
18                     subsection (1) within 3 months, or any longer period
19                     determined by the Minister; or
20              (b)    the application is approved and the owner fails to make
21                     the connection within 3 months, or any longer period
22                     determined by the Minister,
23            the Minister may, by written notice, require the licensee to make
24            the connection.
25      (4)   Persons authorised by the licensee for the purposes of this
26            subsection may enter any place, in accordance with Part 8, and
27            do all things necessary for the purposes of giving effect to the
28            notice given to the licensee under subsection (3).
29      (5)   If, in the course of making the connection, the licensee places
30            water service works on land, or provides water service works
31            that are a part of land, and those works would be works of the
32            owner of the land if the owner had placed or provided those
33            works, those works cease to be works of the licensee once they
34            are completed.

                                                                        page 93
     Water Services Bill 2011
     Part 5         Water services
     Division 7     Drainage services
     s. 111



1       (6)    The Minister must pay the reasonable costs and expenses of the
2              licensee of complying with the notice under subsection (3).
3       (7)    The Minister may recover an amount not exceeding the amount
4              paid under subsection (6) from the owner, and may seek an
5              order for the recovery of the amount in a court of competent
6              jurisdiction.

7    111.      Approval required before connecting to drainage works
8       (1)    A person must not connect a drainage asset on land to, or
9              disconnect a drainage asset on land from, the drainage works of
10             a licensee except in accordance with the approval of the
11             licensee.
12             Penalty: a fine of $25 000.
13             Daily penalty: a fine of $1 000.
14      (2)    This section does not apply to the connection of a drainage asset
15             described in subsection (1) if the asset is connected indirectly to
16             the works.
17      (3)    A licensee may approve of a connection of a drainage asset
18             described in subsection (1) even though the connection has
19             already been made.

20   112.      Requirement to maintain or modify drainage assets, etc.
21      (1)    An owner of land must ensure that --
22              (a) each drainage asset and fitting, on the land, that is
23                   connected (whether directly or indirectly) to the
24                   drainage works of a licensee; and
25              (b) each property drainage connection,
26             is maintained so that it continues to function in the way it was
27             intended to function or is maintained as approved by the
28             licensee.
29             Penalty: a fine of $5 000.
30             Daily penalty: a fine of $250.


     page 94
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                                               Water services         Part 5
                                            Drainage services    Division 7
                                                                      s. 112



1    (2)   Subsection (1) does not apply to water service works of the
2          licensee.
3    (3)   The Minister may give an owner of land a notice requiring the
4          owner to modify a property drainage connection on the land that
5          connects a drainage asset on the land to the drainage works of a
6          licensee if satisfied that the modification is --
7             (a) in accordance with any relevant water resources
8                  management plan (however described) made under a
9                  written law; or
10           (b) necessary for the effective operation of the property
11                 drainage connection or of the drainage works of the
12                 licensee; or
13            (c) in the public interest.
14   (4)   The owner may apply to the State Administrative Tribunal for a
15         review of the decision to give the notice.
16   (5)   If the owner --
17            (a) does not make an application under subsection (4) and
18                 fails to comply with the notice within 3 months, or any
19                 longer period determined by the Minister; or
20           (b) after an application under subsection (4) is finally
21                 determined -- is required to modify the property
22                 drainage connection and fails to comply with that
23                 requirement within 3 months, or any longer period
24                 determined by the Minister,
25         the Minister may, by written notice, require the licensee to
26         modify the property drainage connection.
27   (6)   Persons authorised by the licensee for the purposes of this
28         subsection may enter any place, in accordance with Part 8, and
29         do all things necessary for the purposes of giving effect to the
30         notice given to the licensee under subsection (5).
31   (7)   If, in the course of modifying the property drainage connection,
32         the licensee places water service works on land, or provides


                                                                     page 95
     Water Services Bill 2011
     Part 5         Water services
     Division 8     Enforcement
     s. 113



1              water service works that are a part of land, and those works
2              would be works of the owner of the land if the owner had placed
3              or provided those works, those works cease to be works of the
4              licensee once they are completed.
5       (8)    The Minister must pay the reasonable costs and expenses of the
6              licensee of complying with the notice under subsection (5).
7       (9)    The Minister may recover an amount not exceeding the amount
8              paid under subsection (8) from the owner, and may seek an
9              order for the recovery of the amount in a court of competent
10             jurisdiction.

11   113.      Relationship of this Division to certain other Acts
12             The Minister cannot require a licensee or an owner of land to
13             make a connection or modify a drainage asset, under this
14             Division, if to do so would be inconsistent with the
15             Conservation and Land Management Act 1984, the Rights in
16             Water and Irrigation Act 1914, the Soil and Land Conservation
17             Act 1945 or the Waterways Conservation Act 1976.

18                         Division 8 -- Enforcement
19               Subdivision 1 -- Entry for compliance purposes

20   114.      Term used: compliance purposes
21             In this Subdivision --
22             compliance purposes means the purposes of --
23               (a) investigating whether the obligations of a person (other
24                      than a licensee) under this Part are being or have been
25                      complied with; and
26               (b) obtaining evidence of a failure to comply with those
27                      obligations.




     page 96
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                                                 Water services         Part 5
                                                  Enforcement      Division 8
                                                                        s. 115



1    115.     Entry for compliance purposes
2             A compliance officer may, for compliance purposes, enter a
3             place, in accordance with Part 8 --
4               (a) to which he or she reasonably suspects a water service is
5                     provided by a licensee; or
6               (b) at which he or she reasonably suspects water service
7                     works of a licensee are located.

8    116.     General powers for compliance purposes
9       (1)   Upon entry to a place for compliance purposes, a compliance
10            officer may do one or more of the following --
11              (a) require a person who appears to have the control or
12                    management of the place to give reasonable access to it
13                    and other reasonable assistance;
14              (b) inspect or examine the place;
15              (c) direct a person to produce any document that is or may
16                    be relevant to the inspection;
17              (d) inspect any document produced, make copies of it or
18                    take extracts from it, and remove it for as long as is
19                    reasonably necessary to make copies or extracts;
20              (e) direct a person to answer questions;
21               (f) inspect the water service works and plumbing at the
22                    place and anything associated with the works or
23                    plumbing, including by --
24                       (i) carrying out or supervising reasonable tests on
25                            the works, plumbing or associated things,
26                            including making excavations; and
27                      (ii) taking photographs of or making other
28                            recordings of the works, plumbing or associated
29                            things, and surrounds; and
30                     (iii) taking or removing for analysis or examination
31                            samples of any thing relating to the works,
32                            plumbing or associated things;

                                                                       page 97
     Water Services Bill 2011
     Part 5         Water services
     Division 8     Enforcement
     s. 117



1               (g)    seize a thing that is relevant to an offence under this Part
2                      if that is necessary for one of the following purposes --
3                         (i) to prevent it from being concealed, disturbed or
4                               lost;
5                        (ii) to preserve its evidentiary value;
6                       (iii) to do a forensic examination on it;
7                       (iv) to prevent it from being used in the commission
8                               of another offence.
9       (2)    A compliance officer is, in that capacity, to be taken to be a
10             public officer for the purposes of the Criminal Investigation
11             Act 2006 Parts 6 and 13, as if --
12               (a) the compliance officer were appointed to an office
13                     prescribed under section 9(1) of that Act; and
14              (b) Parts 6 and 13 of that Act were prescribed in respect of
15                     that office.
16      (3)    For the purposes of subsection (2), the Criminal Investigation
17             Act 2006 Part 13 applies as if the power to seize a thing under
18             subsection (1)(g) were a power to seize the thing under the
19             Criminal Investigation Act 2006.

20   117.      Offences
21      (1)    A person who does not comply with a direction given by a
22             compliance officer under this Division commits an offence.
23      (2)    A person who obstructs a compliance officer, or a person
24             assisting the officer, in the exercise of a power under this Part
25             commits an offence.
26      (3)    A person who, having been directed under this Division by a
27             compliance officer to answer a question or to give the officer a
28             document, gives the officer information that the person knows is
29             false or misleading in a material particular commits an offence.
30      (4)    It is a defence to a charge under this section to prove that the
31             person charged had a reasonable excuse.
32             Penalty: a fine of $7 500.

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                                                    Water services         Part 5
                                                     Enforcement      Division 8
                                                                           s. 118



1                      Subdivision 2 -- Compliance notices

2    118.     Application of Subdivision
3             Sections 120, 121 and 122 apply to all compliance notices given
4             under this Part or under the regulations.

5    119.     Compliance notices
6       (1)   If a licensee or the Minister is satisfied that a person is failing or
7             has failed to comply with section 82(6) or (7), 88(1), 89(1)
8             or (2), 91(1), 93(1), 94(1), 99(1), 111(1) or 112(1), the licensee
9             or the Minister may give a notice (a compliance notice) to --
10               (a) the person; or
11              (b) if the licensee or the Minister cannot be satisfied as to
12                     the identity of the person who is failing or has failed to
13                     comply -- the owner of the land on, or in respect of
14                     which, the failure to comply is taking or has taken place.
15      (2)   The licensee or Minister must specify in a compliance notice --
16             (a) the provision that the licensee or the Minister is satisfied
17                    is not being or has not been complied with; and
18             (b) where relevant, the provisions of an approval, direction
19                    or other authority that the licensee or the Minister is
20                    satisfied are not being, or have not been, complied with;
21                    and
22             (c) what the person given the notice must do to remedy the
23                    failure to comply; and
24             (d) the time within which the person given the notice must
25                    comply with the notice.
26      (3)   Without limiting subsection (2)(c), the things that a person may
27            be required to do include --
28              (a) in the case of a contravention of section 82(6) or (7) --
29                   demolish, remove or alter the building; or
30              (b) in the case of a contravention of section 94(1), 99(1)
31                   or 111(1) -- disconnect the connection.

                                                                            page 99
     Water Services Bill 2011
     Part 5         Water services
     Division 8     Enforcement
     s. 120



1    120.       Giving compliance notices
2       (1)     If land is unoccupied and it is not practicable to give a
3               compliance notice to the owner of the land, the compliance
4               notice may be given by fixing a copy of the notice to a
5               conspicuous part of the land and displaying it there for at least
6               the time within which the notice must be complied with.
7       (2)     If a compliance notice is given to a person other than the owner
8               of the land on, or in respect of which, the failure to comply is
9               taking or has taken place, the licensee or Minister must, if
10              practicable, give a copy of it to the owner of the land.
11      (3)     A compliance notice may be amended or revoked.

12   121.       Licensee or Minister may remedy failure to comply
13      (1)     If a compliance notice is not complied with, the licensee or
14              Minister may remedy the failure that gave rise to the giving of
15              the compliance notice, to the extent necessary to prevent the
16              waste of water, a nuisance, a health hazard or interference with,
17              or adverse effects on, the water service works of the licensee.
18      (2)     Persons authorised by the licensee or the CEO for the purposes
19              of this subsection may enter any place, in accordance with
20              Part 8, and do all things necessary for the purposes of
21              subsection (1).
22      (3)     If, in the course of remedying the failure that gave rise to the
23              giving of the compliance notice, the licensee places water
24              service works on land, or provides water service works that are
25              a part of land, and those works would be works of the owner of
26              the land if the owner had placed or provided those works, those
27              works cease to be works of the licensee once they are
28              completed.
29      (4)     Without limiting subsections (1) and (2), the things that may be
30              done include the following --
31                (a) in the case of a failure to comply with section 82(6)
32                     or (7) -- demolishing, removing or altering the building;

     page 100
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                                               Water services         Part 5
                                                Enforcement      Division 8
                                                                      s. 121



1           (b)    in the case of a failure to comply with section 90(1)
2                  or (2) -- demolishing, removing or altering buildings,
3                  plant, walls, fences or other obstructions, replacing
4                  excavated material and removing fill;
5            (c)   in the case of a failure to comply with section 92(1)
6                  or (2) or a compliance notice given under section 105 --
7                  repairing, replacing or disconnecting fittings, fixtures or
8                  pipes;
9           (d)    in the case of a failure to comply with section 92(1)
10                 or (2), 94(1), 99(1) or 111(1) or a compliance notice
11                 given under section 104 or 105 -- disconnecting the
12                 connection of a wastewater inlet, water supply or
13                 drainage asset.
14   (5)   A licensee's capacity to disconnect the connection of a
15         wastewater inlet or a water supply under this section is subject
16         to --
17           (a) any restrictions on that capacity in the terms and
18                conditions of the licence authorising the provision of the
19                service; and
20           (b) in the case of a disconnection of a water supply --
21                section 95(3); and
22           (c) in the case of a disconnection of a wastewater inlet --
23                not preventing any other person from discharging
24                wastewater into the sewerage works of the licensee
25                through the property sewer connection that connects the
26                inlet to those works, other than via the inlet.
27   (6)   The licensee or the Minister (whichever incurred the costs) may
28         recover the reasonable costs and expenses of remedying the
29         failure that gave rise to the giving of the compliance notice
30         from --
31           (a) a person that the licensee or the Minister is satisfied is
32                  responsible for the failure; or




                                                                     page 101
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     Part 5         Water services
     Division 8     Enforcement
     s. 122



1                (b)   in the case of a compliance notice given to the owner of
2                      land under section 119(1)(b) -- the owner,
3               and may seek an order for the recovery of those costs and
4               expenses in a court of competent jurisdiction.
5       (7)     The court cannot issue an order unless satisfied that --
6                (a) the person was responsible for the failure; or
7                (b) in the case of a compliance notice given to the owner of
8                      land under section 119(1)(b) -- it was not unjust for the
9                      owner to have been given the compliance notice.

10   122.       Review of decisions relating to giving compliance notices
11      (1)     A person listed in the Table as a person affected by a decision
12              listed in the Table may apply to the State Administrative
13              Tribunal for a review of the decision.
14                                           Table
            Decision of licensee or Minister            Persons affected

        to give a compliance notice              •  the person given the notice
                                                 •  the owner of the land
                                                 •  an occupier of the land

        as to what the person given a            •  the person given the notice
        compliance notice must do to
                                                 •  the owner of the land
        comply with it
                                                 •  an occupier of the land

        as to the time within which the          •  the person given the notice
        person given a compliance notice
                                                 •  the owner of the land
        must comply with it
                                                 •  an occupier of the land




     page 102
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                                               Enforcement      Division 8
                                                                     s. 122




      Decision of licensee or Minister             Persons affected

     to take an action under                •  the person given the notice
     section 121(1)
                                            •  the owner of the land
                                            •  an occupier of the land
                                            •  in the case of a decision to
                                              disconnect the connection
                                              of a wastewater inlet, water
                                              supply or drainage asset --
                                              a person who uses the inlet,
                                              supply or asset

     to lodge a memorial under              •  a person adversely affected
     section 128 in relation to the costs     by the decision
     and expenses referred to in
     section 121(6)

1    (2)   If a person makes an application under subsection (1), the
2          licensee or the Minister cannot take, or continue to take, an
3          action under section 121(1) until the application has been finally
4          dealt with by the State Administrative Tribunal, unless --
5             (a) the State Administrative Tribunal orders otherwise; or
6            (b) the licensee or the Minister is satisfied that it is
7                  necessary to take action to prevent a discharge of
8                  wastewater into the water service works of the licensee
9                  that is likely to interfere with or adversely affect those
10                 works; or
11            (c) the licensee or the Minister is satisfied that a dangerous
12                 situation exists and that urgent action is needed in order
13                 to assess, reduce, eliminate or avert a risk to persons,
14                 property or the environment.




                                                                    page 103
     Water Services Bill 2011
     Part 5         Water services
     Division 9     Fees and charges for water services
     s. 123



1               Division 9 -- Fees and charges for water services
2    123.       Licensees may impose fees and charges for water services
3       (1)     A licensee may impose and collect, in relation to the provision
4               of a water service authorised by a licence --
5                 (a) charges for the provision of the service; and
6                 (b) charges for things done, or goods and services provided,
7                      as part of or incidental to the provision of the service;
8                      and
9                 (c) fees, provided for in the regulations, for things done
10                     under this Act.
11      (2)     The charges are to be determined by the licensee in accordance
12              with prudent commercial principles and may allow for the
13              making of a profit and the depreciation of assets.
14      (3)     Subsection (2) does not prevent the conditions on a licensee's
15              licence, a code of practice or the regulations from limiting what
16              charges a licensee may impose, how the charges are to be
17              determined, the amounts of the charges or the circumstances in
18              which charges may be imposed.

19   124.       Regulations may provide for water service charges
20      (1)     The regulations may deal with the imposition, determination,
21              payment and recovery of water service charges.
22      (2)     The regulations may --
23               (a) provide for statutory water service charges by reference
24                     to one or more of the following --
25                        (i) the quantity of water or wastewater concerned;
26                       (ii) the quality of water or wastewater concerned;
27                      (iii) the gross rental value, unimproved value or area
28                            of the land in respect of which a water service is
29                            provided;



     page 104
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                                      Water services          Part 5
                  Fees and charges for water services    Division 9
                                                              s. 124



1          (iv)    the type of land in respect of which a water
2                  service is provided;
3            (v) the type of water service provided;
4           (vi) any other basis;
5    (b)   provide that specified statutory water service charges
6          apply in respect of land on the basis that the relevant
7          water service is provided in respect of the land;
8    (c)   without limiting paragraph (b), provide that specified
9          statutory water service charges apply in respect of land
10         despite relevant water service works not being
11         connected to an inlet or outlet on land if --
12            (i) it is practicable for an inlet or outlet on the land
13                 to be connected to those works (which includes
14                 that the works run within, at or near a boundary
15                 of the land); or
16           (ii) the land benefits from the service; or
17          (iii) the land contributes to the need for the service;
18   (d)   provide that a person who is not otherwise liable to pay
19         a specified statutory water service charge is liable to pay
20         the charge, to the extent specified, if the extent to which
21         the person has used the service is measured or can be
22         determined;
23   (e)   deal with the valuation of land and the effect of changes
24         in the valuation of land on statutory water service
25         charges;
26   (f)   despite statutory water service charges already having
27         been prescribed for a period for the provision of a water
28         service, provide for additional statutory water service
29         charges for the period for the provision of the water
30         service to the extent necessary to take account of
31         unforeseen circumstances that have arisen;




                                                             page 105
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     Division 9     Fees and charges for water services
     s. 124



1               (g)   for statutory water service charges that relate to a
2                     period --
3                        (i) provide for adjustments to be made to the
4                             charges, or for rebates or refunds to be given, if a
5                             change in circumstances relevant to determining
6                             the charges occurs during the period; and
7                       (ii) provide for pro rata charges;
8               (h)   provide for apportionment of statutory water service
9                     charges --
10                       (i) between multiple owners of land; or
11                      (ii) on a change in ownership of the land or other
12                            relevant change in circumstances,
13                    and, for that purpose, provide that an owner who is not
14                    otherwise liable to pay the charges is liable to pay those
15                    charges, to the extent specified;
16              (i)   provide for additional charges to be payable --
17                       (i) according to the method or manner of payment
18                            of statutory water service charges; or
19                      (ii) for special payment arrangements for statutory
20                            water service charges;
21              (j)   provide for payments of statutory water service charges
22                    to be made in advance (other than for quality/quantity
23                    charges) and for deposits to be made in advance of the
24                    provision of the service;
25              (k)   provide for the payment and recovery of statutory water
26                    service charges to be subject to agreements between the
27                    licensee and a person liable to the charges, including
28                    agreements that are binding on an owner of land under
29                    section 76;
30              (l)   regulate amounts licensees charge for --
31                       (i) the provision of water services; or




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                                                                       s. 124



1                   (ii)  things done, or goods and services provided, as
2                         part of or incidental to the provision of a water
3                         service,
4                 to the extent to which those amounts are not otherwise
5                 regulated under this Act;
6           (m)   provide for objections to assessments of water service
7                 charges, including by limiting the grounds for
8                 objections;
9           (n)   provide for penalties for late payment or underpayment
10                of charges, interest to be payable on overdue charges
11                and for the recovery of overdue amounts;
12          (o)   provide for land to be exempt from water service
13                charges;
14          (p)   provide for a licensee to require a person to give the
15                licensee information necessary for determining what
16                statutory water service charges apply for the provision
17                of a water service by the licensee to the person;
18          (q)   require that licensees keep specified records as the basis
19                upon which all or specified water service charges are to
20                be determined, and deal with all matters relating to --
21                   (i) the maintenance and amendment of the records,
22                        including the amendment of the records up to
23                        5 years after the end of the period to which they
24                        relate; and
25                  (ii) the determination or redetermination of charges
26                        on the basis of the records or of changes to the
27                        records; and
28                 (iii) the evidential value of the records and
29                        information taken from them.
30   (3)   The regulations may provide for statutory water service charges
31         for a period that commences before the regulations come into
32         operation, but not so as to affect the amount of any charge that
33         has already become payable before the regulations come into
34         operation.

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1       (4)     Regulations made for the purposes of this section have effect
2               subject to the Strata Titles Act 1985 Part IV Division 5.

3    125.       Supplying groups of dwellings
4       (1)     If a licensee provides a water supply, sewerage or drainage
5               service to 2 or more dwellings on land by a single property
6               connection, the licensee may apportion the fees and charges for
7               the service (including quality/quantity charges) between the
8               owners or occupiers of the dwellings, and the owners or
9               occupiers become liable to those fees and charges accordingly.
10      (2)     A licensee cannot apportion fees and charges under
11              subsection (1) to the extent inconsistent with any agreement
12              about the provision of the water supply, sewerage or drainage
13              service to one or more of the dwellings, or the Strata Titles
14              Act 1985 section 66.

15   126.       Water service charges payable despite change in ownership
16              of land or liability to prosecution
17      (1)     Despite any change in the ownership of land, statutory water
18              service charges and alternative water service charges (referred
19              to in section 75(2)(c)), including interest on overdue amounts,
20              remain payable and are recoverable from the owner of the land
21              for the time being while the charges remain unpaid.
22      (2)     If a person --
23                 (a) takes water from the water service works of a licensee or
24                      a conduit connected to those works, other than in
25                      accordance with this Act; or
26                (b) discharges water or wastewater into the water service
27                      works of a licensee or a conduit connected to those
28                      works, other than in accordance with this Act,
29              the liability to pay water service charges in respect of the water
30              or wastewater taken or discharged (including interest on
31              overdue amounts) is not affected by the fact that the taking or
32              discharge was unlawful, and the payment of the charges does

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                              Fees and charges for water services    Division 9
                                                                          s. 127



1             not affect the liability of a person to be prosecuted as a result of
2             the taking or discharge.

3    127.     Order for payment of water service charges
4       (1)   If --
5                (a)   a person --
6                         (i) takes water from the water service works of a
7                              licensee or a conduit connected to those works,
8                              other than in accordance with this Act; or
9                        (ii) discharges water or wastewater into the water
10                             service works of a licensee or a conduit
11                             connected to those works, other than in
12                             accordance with this Act;
13                     and
14              (b)    the person is not otherwise liable to water service
15                     charges for the water or wastewater taken or discharged,
16            the licensee may recover from the person an amount not
17            exceeding the amount that the person would have had to pay
18            (including interest on overdue amounts) if water service charges
19            had applied to the taking of the water or the discharge of the
20            water or wastewater by the person.
21      (2)   The licensee may seek an order for the recovery of the amount
22            referred to in subsection (1) in a court of competent jurisdiction.
23      (3)   For the purposes of subsection (2), the court may determine
24            which water service charges are most likely to have applied to
25            the taking of the water or the discharge of the water or
26            wastewater by the person if the person had taken the water or
27            discharged the water or wastewater in accordance with this Act.
28      (4)   The court may grant the order whether or not the person has
29            been convicted of an offence relating to the taking of the water
30            or the discharge of the water or wastewater.




                                                                         page 109
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     Part 5         Water services
     Division 10    General provisions
     s. 128



1                       Division 10 -- General provisions
2    128.       Prohibition on dealings in land
3       (1)     In this section --
4               alternative water service charge means an alternative water
5               service charge referred to in section 75(2)(c) and includes
6               interest on overdue amounts;
7               infrastructure contribution has the meaning given in section 85
8               and includes interest on overdue amounts;
9               Registrar means the Registrar of Titles or Registrar of Deeds
10              and Transfers, according to which of them is responsible for
11              registering a memorial referred to in this section;
12              statutory water service charge includes interest on overdue
13              amounts.
14      (2)     If the payment of --
15                 (a) a statutory water service charge, or an alternative water
16                      service charge, that applies in respect of land is in
17                      arrears; or
18                (b) an infrastructure contribution has been deferred under
19                      regulations made for the purposes of section 83(10) or is
20                      in arrears; or
21                 (c) the reasonable cost and expenses of a licensee referred
22                      to in section 84(5) or 121(6) is in arrears,
23              the licensee may lodge a memorial to that effect with the
24              Registrar who, on payment of the prescribed fee (if any), may
25              register the memorial and make appropriate endorsements on
26              the title and records relating to that land.
27      (3)     Until the memorial is withdrawn, the Registrar must not
28              register, without the written consent of the licensee, an
29              instrument affecting the land that is lodged for registration after
30              the memorial is lodged.




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                                                 Water services          Part 5
                                              General provisions   Division 10
                                                                         s. 129



1       (4)   If the charge or contribution has been paid, the licensee must
2             lodge a withdrawal of memorial with the Registrar who, on
3             payment of the prescribed fee (if any), must record the
4             withdrawal of memorial on the title and records relating to the
5             land.
6       (5)   A memorial or withdrawal of memorial must be in a form
7             approved by the Registrar.

8    129.     Reading meters etc. and routine inspection and maintenance
9       (1)   In this section --
10            occupier, of a place, includes any person who appears to have
11            the control or management of the place;
12            routine inspection includes obtaining information for
13            completing or confirming the charging records of the licensee
14            (that is, the records that form the basis upon which the licensee
15            determines water service charges);
16            routine maintenance includes cleaning and minor repairs and
17            replacements but does not include construction, material
18            alteration, significant excavation or any other activity that
19            would have an adverse effect on the place.
20      (2)   A person authorised by a licensee for the purposes of this
21            subsection may enter, at all reasonable times, a place without
22            consent, notice or warrant for the purpose of reading a meter
23            connected to the water service works of the licensee.
24      (3)   A person authorised by a licensee for the purposes of this
25            subsection may --
26              (a) enter, at all reasonable times, a place without consent,
27                   notice or warrant for the purpose of routine inspection or
28                   maintenance of water service works of the licensee; and
29              (b) enter a dwelling, in accordance with Part 8, for the
30                   purpose of routine inspection or maintenance of water
31                   service works of the licensee.



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     Part 5         Water services
     Division 10    General provisions
     s. 130



1       (4)     The powers of entry in subsections (2) and (3)(a) extend to the
2               area associated with a dwelling but not to the dwelling itself.
3       (5)     If routine inspection or maintenance is likely to cause disruption
4               to the occupants of a place, at least 48 hours' notice of the
5               proposed entry is required to be given to the occupier of the
6               place, unless the occupier agrees otherwise.
7       (6)     Upon entry to a place for the purpose of routine inspection or
8               maintenance of water service works, an authorised person may,
9               to the extent necessary --
10                (a) inspect or examine the place; and
11                (b) inspect the water service works and plumbing at the
12                      place and things associated with the works or plumbing,
13                      including by --
14                         (i) carrying out or supervising reasonable tests on
15                              the works, plumbing or associated things; and
16                        (ii) taking photographs of or making other
17                              recordings of the works, plumbing, associated
18                              things and surrounds; and
19                       (iii) taking or removing for analysis or examination
20                              samples of any thing relating to the works,
21                              plumbing or associated things;
22                      and
23                (c) carry out routine maintenance on the water service
24                      works at the place.

25   130.       Dangerous situations
26      (1)     If a person authorised by a licensee for the purposes of this
27              subsection is satisfied that --
28                 (a) a dangerous situation exists; and
29                (b) the dangerous situation relates to the water service
30                      works of the licensee; and




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                                              Water services          Part 5
                                           General provisions   Division 10
                                                                      s. 130



1            (c)   urgent action is needed in order to assess, reduce,
2                  eliminate or avert a risk to persons, property or the
3                  environment,
4          the authorised person may take that action or authorise other
5          persons to take that action on his or her behalf.
6    (2)   An authorised person (including a person authorised by such a
7          person under subsection (1)) may --
8            (a) enter a place, without consent, notice or warrant; and
9            (b) prevent persons other than those permitted by the
10                authorised person from entering the area where the
11                dangerous situation exists; and
12           (c) direct a person to leave or not to enter the area where the
13                dangerous situation exists; and
14           (d) take any other action that is necessary and incidental.
15   (3)   A person who does not comply with a direction given under
16         subsection (2)(c) commits an offence.
17         Penalty: a fine of $7 500.
18   (4)   Even though notice of entry is not required under
19         subsection (2)(a), notice of an entry must be given if practicable
20         to the occupier (or the owner in the absence of an occupier) of
21         any place affected.
22   (5)   In subsection (4) --
23         occupier, of a place, includes any person who appears to have
24         the control or management of the place.
25   (6)   In any proceedings relating to an entry made or an action taken
26         under this section, the entry or action or both are to be presumed
27         to have been necessary and reasonable unless there is evidence
28         that the entry or action was not made or taken in good faith.




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    Part 5         Water services
    Division 10    General provisions
    s. 131



1   131.       Approval of licensee subject to conditions
2      (1)     An approval of a licensee referred to in this Part may be subject
3              to conditions.
4      (2)     An approval is of no effect while a condition is not being
5              complied with.




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                         Powers in relation to water service works          Part 6
                                                       Preliminary     Division 1
                                                                            s. 132



1      Part 6 -- Powers in relation to water service works
2                          Division 1 -- Preliminary
3    132.     Terms used
4       (1)   In this Part --
5             exempt works means the water service works described in
6             section 135;
7             general works means the water service works described in
8             section 134;
9             major works means the water service works described in
10            section 133;
11            proposal means a proposal by a licensee to provide major works
12            or general works.
13      (2)   A reference in --
14             (a) this Part to the licensee, in relation to water service
15                   works, is a reference to the licensee that provides, or is
16                   to provide, those works; and
17             (b) section 135, 138, 139 or 141 to a licensee includes a
18                   reference to the Minister or the Authority as the case
19                   requires.

20   133.     Major works
21            Major works are the provision of --
22             (a) dams;
23             (b) reservoirs;
24             (c) water storage tanks that when constructed will have a
25                   capacity greater than 10 ML;
26             (d) groundwater schemes consisting of bores that when
27                   constructed will have a nominal capacity greater than
28                   10 ML per day;



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     Part 6         Powers in relation to water service works
     Division 1     Preliminary
     s. 134



1                (e)    irrigation schemes (but not including any irrigation
2                       channel within an existing scheme);
3                 (f)   wastewater treatment plants that when constructed will
4                       have a nominal capacity greater than 2 ML per day;
5                (g)    water treatment plants that when constructed will have a
6                       nominal capacity greater than 10 ML per day;
7                (h)    any other kind of water service works prescribed for the
8                       purposes of this section.

9    134.       General works
10              General works are the provision of --
11               (a) trunk and distribution water mains, pumping stations,
12                     pumping mains, control and metering stations, main and
13                     branch sewers, main drains, irrigation channels and
14                     compensating basins;
15               (b) water and sewerage reticulation mains, other than
16                     reticulation mains on land provided at the request of the
17                     owner of the land;
18               (c) groundwater schemes consisting of bores that when
19                     constructed will have a nominal capacity of, or less than,
20                     10 ML per day;
21               (d) wastewater treatment plants that when constructed will
22                     have a nominal capacity of, or less than, 2 ML per day;
23               (e) water treatment plants that when constructed will have a
24                     nominal capacity of, or less than, 10 ML per day;
25                (f) chemical dosing plants;
26               (g) water storage tanks that when constructed will have a
27                     capacity of, or less than, 10 ML;
28               (h) any irrigation channel within an existing irrigation
29                     scheme;
30                (i) any other kind of water service works prescribed for the
31                     purposes of this section.



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                         Powers in relation to water service works          Part 6
                                 Provision of water service works      Division 2
                                                                            s. 135



1    135.     Exempt works
2       (1)   Exempt works are --
3              (a) the provision or undertaking of works that are not major
4                   or general works;
5              (b) the maintenance or repair of existing water service
6                   works;
7              (c) the reinstatement or replacement of existing works;
8              (d) the making of alterations, extensions or additions to
9                   major or general works that will not materially alter the
10                  nature, scope or capacity of the works;
11             (e) the making of alterations, extensions or additions to
12                  general works on --
13                     (i) land owned by the licensee; or
14                    (ii) a reserve under the Land Administration
15                          Act 1997, the care, control and management of
16                          which is placed with the licensee under that Act;
17              (f) the provision of any other kind of water service works
18                  prescribed for the purposes of this section.
19      (2)   Water service works may be prescribed for the purposes of
20            subsection (1)(f) despite those works forming part of, or being
21            related to, major works or general works, in which case, they
22            cease to be major works or general works.

23             Division 2 -- Provision of water service works
24   136.     Powers in respect of water service works
25      (1)   A licensee may provide --
26             (a) water service works that in the opinion of the licensee
27                   are necessary for the provision of the water services
28                   authorised by a licence held by the licensee (which
29                   includes the water service works specified in the licence
30                   for the purposes of section 11(3)); and



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     Water Services Bill 2011
     Part 6         Powers in relation to water service works
     Division 2     Provision of water service works
     s. 137



1                (b)    water service works that are requested by, and provided
2                       wholly or partly at the expense of, another person if
3                       those works are of a kind that are related to the
4                       provision of the water services authorised by a licence
5                       held by the licensee.
6       (2)     A licensee may do all things necessary or expedient for --
7                (a) the provision of water service works of that kind; and
8                (b) the maintenance, operation, alteration, replacement,
9                      discontinuance or removal of water service works of the
10                     licensee.

11   137.       Exemption of water service works from certain planning
12              laws
13      (1)     A licensee, in providing water service works of the kind
14              described in section 136(1), is to be treated as if it were an agent
15              of the Crown for the purposes of the Planning and Development
16              Act 2005 section 6 and, for those purposes, those works are to
17              be regarded as being public works.
18      (2)     If there is a dispute between a licensee and a local government
19              with respect to a planning matter relating to water service works
20              of the kind described in section 136(1), the parties to the dispute
21              are to refer it to the Minister.
22      (3)     The Minister may, after consulting the Planning Minister, make
23              a decision on the dispute and that decision is final and binding
24              on the parties.

25   138.       Surveys and testing work
26      (1)     A licensee may carry out a survey of land and may --
27               (a) set up on the land survey equipment, including survey
28                     pegs, marks or poles, and may alter, remove, inspect or
29                     repair that equipment; and
30               (b) dig or bore into the land to determine the nature of the
31                     soil; and


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                                                          Water Services Bill 2011
                         Powers in relation to water service works          Part 6
                                 Provision of water service works      Division 2
                                                                            s. 139



1              (c)   set out on the land the lines of any proposed water
2                    service works; and
3              (d)   do all things necessary --
4                      (i) for carrying out the survey; or
5                     (ii) for any alteration, removal or inspection relating
6                            to the survey.
7       (2)   A licensee may do all things necessary --
8              (a) for carrying out testing work on land and in respect of
9                    waters; and
10             (b) for altering, removing, inspecting, reinstating and
11                   repairing testing work.
12      (3)   In subsection (2) --
13            testing work --
14              (a) means work that, in the opinion of the licensee, is
15                    necessary for general investigation for water supply
16                    purposes; and
17              (b) includes, without limiting paragraph (a), carrying out
18                    tests, gaugings and borings, constructing gauging weirs,
19                    sinking shafts, digging trenches and other incidental
20                    work, and things used for or in connection with that
21                    work.

22   139.     Ancillary works powers
23      (1)   The works powers conferred by this Act include power to carry
24            out general or specific investigations, tests, borings,
25            explorations and other surface or underground studies --
26              (a) to ascertain the existence, nature and extent of water
27                   resources as defined in the Rights in Water and
28                   Irrigation Act 1914 section 2(1); and
29              (b) to formulate schemes for the provision, extension or
30                   alteration of water services; and



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     Water Services Bill 2011
     Part 6         Powers in relation to water service works
     Division 2     Provision of water service works
     s. 140



1                 (c)   to determine the feasibility and requirements of water
2                       service works or proposed water service works.
3       (2)     For the purposes of exercising a works power conferred by this
4               Act, a licensee may --
5                (a) drain, pump, excavate or otherwise remove any water,
6                        soil or obstruction; or
7                (b) remove or use any earth, rock, trees and other things
8                        taken from any land; or
9                (c) take water, soil or other samples; or
10               (d) acquire, provide or remove buildings, pumps and other
11                       structures or plant; or
12               (e) open, or alter the position of, any pipe, sewer, drain,
13                       channel, tunnel, wire or other fitting or apparatus in, on
14                       or under any place; or
15                (f) remove, or make a gate in, or erect, any fence.
16      (3)     Before exercising a power referred to in subsection (2)(f), a
17              licensee must take all reasonable steps to notify the owner and
18              the occupier of the land on which, or on the boundary of which,
19              the fence is, or is to be, erected.
20      (4)     This section applies in relation to a works power unless the
21              contrary intention appears or the context otherwise requires.

22   140.       Entry for provision of works etc.
23      (1)     A person authorised by a licensee for the purposes of this Part
24              may --
25               (a) enter a place, in accordance with Part 8, for the purposes
26                     of this Division; or
27               (b) enter a place, without notice, for the purpose of carrying
28                     out work that the owner or occupier of the place has
29                     requested the licensee carry out and that necessarily
30                     requires the entry to be made.



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                         Powers in relation to water service works          Part 6
                                 Provision of water service works      Division 2
                                                                            s. 141



1       (2)   However, if the work (under or for the purposes of the provision
2             of this Act in respect of which entry is to be made) is likely to
3             cause disruption to the occupants of the place, at least 48 hours'
4             notice of the proposed entry is required to be given to the
5             occupier of the place, unless the occupier agrees otherwise.

6    141.     Special provisions applicable to road works
7       (1)   A person authorised by a licensee for the purposes of this Part
8             may enter a road and there exercise a works power of the
9             licensee without consent, notice or warrant unless the exercise
10            of the power --
11               (a) involves opening or breaking up the surface of the road;
12                    or
13              (b) would cause a major obstruction of the road or
14                    disruption of traffic,
15            in which case, the licensee must give at least 48 hours' notice to
16            the public authority having the control or management of the
17            road.
18      (2)   The regulations may make provision in relation to water service
19            works in a road, including in relation to --
20             (a) the rights and liabilities as between a public authority
21                   having the control and management of a road and a
22                   licensee when the road's level, width or surface is to be
23                   altered or when the position or alignment of water
24                   service works in the road is to be altered; and
25             (b) licensees undertaking water service works in roads.




                                                                        page 121
     Water Services Bill 2011
     Part 6         Powers in relation to water service works
     Division 3     Major works, requirements for public notification and
                    Ministerial authorisation
     s. 142


1    Division 3 -- Major works, requirements for public notification
2                   and Ministerial authorisation
3    142.       Prerequisites to provision of major works
4               It is a prerequisite to the provision by a licensee of water service
5               works, that are major works, that --
6                  (a) the licensee has complied with sections 143 and 144 in
7                        relation to the proposed major works; and
8                  (b) the Minister has authorised the provision of the major
9                        works under this Division; and
10                 (c) the licensee has given any notice required by
11                       section 148.

12   143.       Licensee to prepare plans and publish and give notice of
13              major works
14      (1)     Before a licensee submits a proposal for the provision of the
15              major works to the Minister under section 146, the licensee
16              must comply with subsections (2) and (3).
17      (2)     The licensee must --
18               (a) prepare plans of the area to be affected by the proposed
19                      major works and details of those works; and
20               (b) publish the plans and details on the licensee's website,
21                      and amend them if the proposal is amended; and
22               (c) in addition to the requirement in paragraph (b) --
23                      publish and make available for inspection the plans and
24                      details in accordance with the regulations.
25      (3)     The licensee must, within 5 days of publishing the plans and
26              details on the licensee's website, give a notice setting out the
27              matters referred to in subsection (4) to --
28                (a) the owner and the occupier of any land --
29                        (i) that is to be entered for the purposes of the
30                               proposed major works; or


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                        Powers in relation to water service works           Part 6
              Major works, requirements for public notification and    Division 3
                                         Ministerial authorisation
                                                                            s. 144


1                     (ii)   that is, or the use of which is, in the opinion of
2                            the licensee, likely to be adversely affected by
3                            those works;
4                    and
5              (b)   any local government --
6                       (i) in the district of which the proposed major works
7                            are to be provided; or
8                      (ii) that, in the opinion of the licensee, has a material
9                            interest in the proposal or the services to be
10                           provided by those works;
11                   and
12             (c)   the Western Australian Planning Commission, if the
13                   area to be affected by the proposed works is in, or partly
14                   in, an area covered by a region planning scheme (as
15                   defined in the Planning and Development Act 2005
16                   section 4(1)).
17      (4)   For the purposes of subsection (3), the matters are --
18             (a) a description of those works; and
19             (b) the area where those works are to be located; and
20             (c) the purposes for which those works are required; and
21             (d) the times when, and the places at which, the plans and
22                    details may be inspected; and
23             (e) information as to how, where and by when an objection
24                    to or submission in relation to the proposal may be
25                    lodged.

26   144.     Objections and submissions
27      (1)   Any person may, in writing, object to or make a submission in
28            relation to the provision of the proposed major works.
29      (2)   An objection or submission must be lodged with the licensee --
30             (a) within 35 days after the day on which the licensee
31                   published the plans and details relating to the proposed

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     Water Services Bill 2011
     Part 6         Powers in relation to water service works
     Division 3     Major works, requirements for public notification and
                    Ministerial authorisation
     s. 145


1                      major works on the licensee's website under
2                      section 143(2); or
3                (b)   if a direction is given under section 147(1)(a) -- within
4                      30 days after the day on which the direction has been
5                      complied with.
6       (3)     The licensee must have regard to an objection or submission
7               lodged within the relevant period.

8    145.       Licensee may amend proposal
9       (1)     The licensee may amend a proposal by making alterations to the
10              plans or details referred to in section 143(2).
11      (2)     If the licensee makes alterations to those plans or details, the
12              licensee must give written notice of the alterations to any person
13              that, in the opinion of the licensee, is likely to be adversely
14              affected by those alterations.

15   146.       Submission of proposal to Minister
16      (1)     A licensee may seek the Minister's authorisation of the
17              provision of major works if --
18                (a) no objection or submission has been lodged within the
19                      relevant period under section 144(2); or
20                (b) for each objection or submission lodged within the
21                      relevant period, one of the following applies --
22                         (i) the objection or submission is not material to the
23                             proposal;
24                        (ii) the objection or submission has been dealt with
25                             by amending the proposal;
26                       (iii) it is not in the public interest to deal with the
27                             objection or submission by amending the
28                             proposal;
29                       (iv) the objection or submission has been withdrawn.




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                        Powers in relation to water service works           Part 6
              Major works, requirements for public notification and    Division 3
                                         Ministerial authorisation
                                                                            s. 147


1       (2)   The licensee may seek the Minister's authorisation by --
2              (a) submitting the proposal to the Minister; and
3              (b) providing the Minister with any plans, description,
4                     specifications, estimates or other information that the
5                     Minister requires in relation to the proposal; and
6              (c) giving a report to the Minister setting out --
7                        (i) if the proposal has been amended -- the manner
8                             in which it has been amended and the persons
9                             given notice of the relevant alterations under
10                            section 145(2); and
11                      (ii) any objection or submission that has not been
12                            dealt with by that proposal and has not been
13                            withdrawn; and
14                     (iii) any recommendations relating to the proposal
15                            that the licensee considers appropriate to make;
16                            and
17                     (iv) any comments on the proposal from the Western
18                            Australian Planning Commission.

19   147.     Powers of Minister in respect of proposal
20      (1)   The Minister may --
21             (a) direct that further notices in relation to the proposed
22                  major works be given under section 143(3); or
23             (b) authorise the provision of the proposed major works; or
24             (c) decline to authorise the provision of the proposed major
25                  works.
26      (2)   The Minister must have regard to a proposal and report
27            submitted to the Minister, including any recommendations in
28            the report.
29      (3)   A licensee must comply with a direction given by the Minister
30            under subsection (1).



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     Part 6         Powers in relation to water service works
     Division 3     Major works, requirements for public notification and
                    Ministerial authorisation
     s. 148


1       (4)     If the Minister issues a direction under subsection (1)(a),
2               sections 144 and 145 apply, and the licensee must resubmit the
3               proposal in accordance with section 146 before the Minister can
4               consider the proposal under this section.

5    148.       Certain objectors and submitters to be notified of
6               authorisation
7               If --
8                  (a)   the Minister authorises the provision of proposed major
9                        works; and
10                (b)    the authorisation was given without any amendment
11                       having been made to deal, wholly or in part, with a
12                       person's objection or submission,
13              the licensee must give notice in writing of the authorisation to
14              that person.

15   149.       Certain alterations, extensions and additions to major works
16      (1)     This section applies if a licensee proposes to carry out an
17              alteration, extension or addition to any major works that will
18              materially alter the nature, scope or capacity of the works and
19              the works are on --
20                (a) land owned by the licensee; or
21                (b) a reserve under the Land Administration Act 1997, the
22                       care, control and management of which is placed with
23                       the licensee under that Act.
24      (2)     The licensee may seek the Minister's authorisation of the
25              proposal to carry out the alteration, extension or addition by
26              notifying the Minister, and providing the Minister with any
27              plans, description, specifications, estimates or other information
28              that the Minister requires in relation to the proposal.
29      (3)     The Minister may --
30               (a) authorise the proposed alteration, extension or addition
31                    under this section, in which case, section 142(a) and (c)


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                            Powers in relation to water service works           Part 6
            General works, requirements for public notification and, in    Division 4
                           certain cases, for Ministerial authorisation
                                                                                s. 150


1                       do not apply in relation to the alteration, extension or
2                       addition; or
3                 (b)   decline to authorise the proposed alteration, extension or
4                       addition under this section.
5       (4)     In considering a proposal under this section, the Minister may
6               have regard to any earlier proposal relating to the same or
7               similar works and any earlier objections or submissions
8               received by the licensee relating to that proposal.

9         Division 4 -- General works, requirements for public
10   notification and, in certain cases, for Ministerial authorisation
11   150.       Prerequisites to provision of general works
12      (1)     It is a prerequisite to the provision by a licensee of water service
13              works, that are general works, that --
14                 (a) the licensee has complied with sections 151 and 152 in
15                       relation to the proposed general works; and
16                 (b) either --
17                          (i) there is no relevant objection or submission to be
18                               taken into account; or
19                         (ii) the Minister has authorised the provision of the
20                               general works under this Division.
21      (2)     For the purposes of subsection (1)(b)(i) there is no relevant
22              objection or submission to be taken into account if the licensee
23              is satisfied that --
24                (a) no objection or submission has been lodged by the date
25                       specified in the notice given under section 151(2); or
26                (b) for each objection or submission lodged by that date,
27                       one of the following applies --
28                          (i) the objection or submission is not material to the
29                               proposal;
30                         (ii) the objection or submission has been dealt with
31                               by amending the proposal under section 153(1);

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     Water Services Bill 2011
     Part 6         Powers in relation to water service works
     Division 4     General works, requirements for public notification and, in
                    certain cases, for Ministerial authorisation
     s. 151


1                       (iii)   the objection or submission has been withdrawn.

2    151.       Licensee to prepare plans and give notice of general works
3       (1)     A licensee proposing to provide general works must --
4                (a) prepare plans and details of the proposed general works;
5                      and
6                (b) publish and make available for inspection the plans and
7                      details in accordance with the regulations.
8       (2)     The licensee must give a notice setting out the matters referred
9               to in subsection (3) to --
10                (a) the owner and the occupier of any land --
11                         (i) that is to be entered for the purposes of the
12                              proposed general works; or
13                        (ii) that is, or the use of which is, in the opinion of
14                              the licensee, likely to be adversely affected by
15                              those works;
16                      and
17                (b) any local government --
18                         (i) in the district of which the proposed general
19                              works are to be located; or
20                        (ii) that, in the opinion of the licensee, has a material
21                              interest in the proposal or the services to be
22                              provided by those works;
23                      and
24                (c) the Western Australian Planning Commission, if the
25                      area to be affected by the proposed works is in, or partly
26                      in, an area covered by a region planning scheme (as
27                      defined in the Planning and Development Act 2005
28                      section 4(1)).
29      (3)     For the purposes of subsection (2), the matters are --
30               (a) a description of those works; and
31               (b) the area where those works are to be located; and

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                            Powers in relation to water service works           Part 6
            General works, requirements for public notification and, in    Division 4
                           certain cases, for Ministerial authorisation
                                                                                s. 152


1                 (c)   the purposes for which those works are required; and
2                 (d)   the times when, and the places at which, the plans and
3                       details may be inspected; and
4                 (e)   information as to how and where an objection to or
5                       submission in relation to the proposal may be lodged;
6                       and
7                 (f)   the date by which any objections to or submissions in
8                       relation to the proposal are to be received by the
9                       licensee, which must be at least 21 days after the day on
10                      which the notice is given, unless all persons given a
11                      notice agree otherwise.

12   152.       Objections and submissions
13      (1)     Any person or local government required to be given a notice
14              under section 151(2) may, in writing, object to or make a
15              submission in relation to the provision of the proposed general
16              works.
17      (2)     An objection or submission must be lodged with the licensee by
18              the date specified in the notice.
19      (3)     The licensee must have regard to an objection or submission
20              lodged by that date.

21   153.       Licensee may amend proposal
22      (1)     The licensee may amend the proposal by making alterations to
23              the plans or details referred to in section 151.
24      (2)     An alteration may not be made under subsection (1) that results
25              in the works ceasing to be general works and becoming major
26              works.
27      (3)     If the licensee makes alterations to those plans or details, the
28              licensee must give written notice of the alterations to any person
29              that, in the opinion of the licensee, is likely to be adversely
30              affected by those alterations.



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     Part 6         Powers in relation to water service works
     Division 4     General works, requirements for public notification and, in
                    certain cases, for Ministerial authorisation
     s. 154


1    154.       Submission of proposal to Minister
2               A licensee may seek the Minister's authorisation of the
3               provision of general works by --
4                 (a) submitting the proposal to the Minister; and
5                 (b) providing the Minister with any plans, description,
6                       specifications, estimates or other information that the
7                       Minister requires in relation to the proposal; and
8                 (c) giving the Minister a report setting out --
9                          (i) if the proposal has been amended under
10                              section 153(1) -- the manner in which it has
11                              been amended; and
12                        (ii) any objection or submission that has not been
13                              dealt with by the proposal and has not been
14                              withdrawn; and
15                       (iii) any recommendations relating to the proposal
16                              that the licensee considers appropriate to make;
17                              and
18                       (iv) any comments on the proposal from the Western
19                              Australian Planning Commission.

20   155.       Powers of Minister in respect of proposal
21      (1)     The Minister may --
22               (a) authorise the provision of the proposed general works;
23                    or
24               (b) decline to authorise the provision of the proposed
25                    general works.
26      (2)     The Minister must have regard to a proposal and report
27              submitted to the Minister under section 154, including any
28              recommendation in the report.




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                                                          Water Services Bill 2011
                         Powers in relation to water service works          Part 6
                                                    Exempt works       Division 5
                                                                            s. 156



1                        Division 5 -- Exempt works
2    156.     No prerequisites under this Part
3             A licensee may provide exempt works without any requirement
4             for giving or publishing notice of those works or obtaining the
5             authorisation of the Minister.

6                 Division 6 -- Deviation and modification
7    157.     Term used: water service works
8             In this Division --
9             water service works means major works and general works.

10   158.     Plans may indicate possible deviation from line of works
11      (1)   If, in the opinion of the licensee, a deviation from the proposed
12            line of water service works may be necessary, the licensee may
13            indicate in the plans prepared for the purposes of section 143
14            or 151 (the works plans) a limit within which the line of those
15            works as provided may deviate to accommodate changes in
16            location not generally inconsistent with the proposal.
17      (2)   Section 142 or 150 (whichever is relevant) is to be taken to have
18            been complied with in relation to the provision of water service
19            works as varied by such a deviation.

20   159.     General power to deviate by up to 20 m
21      (1)   This section applies whether or not there is indicated on the
22            works plans a limit within which the line of water service works
23            may deviate.
24      (2)   The licensee, in providing those works, may deviate not more
25            than 20 m from the location indicated on the works plans --
26              (a) if the change involved in the deviation is of a nature not
27                    generally inconsistent with the proposal; and
28              (b) for proposed water service works to be provided on land
29                    that is not unallocated Crown land or a road -- if the

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     Water Services Bill 2011
     Part 6         Powers in relation to water service works
     Division 6     Deviation and modification
     s. 160



1                      deviation is agreed to by the owner and the occupier of
2                      the affected land.
3       (3)     Section 142 or 150 (whichever is relevant) is to be taken to have
4               been complied with in relation to the provision of water service
5               works as varied by such a deviation.
6       (4)     The capacity to deviate under this section is independent of the
7               capacity to deviate under section 158, and is not cumulative on
8               that capacity.
9       (5)     In subsection (2)(b) --
10              unallocated Crown land has the meaning given in the Land
11              Administration Act 1997 section 3(1).

12   160.       Modification by agreement with owner and occupier
13      (1)     The licensee, when providing water service works, may --
14               (a) deviate from any plan or description of, or proposal for,
15                      those works; and
16               (b) make any modification to the plan, description or
17                      proposal that is required by the circumstances,
18              if the deviation or modification is agreed to in writing by the
19              owner and the occupier of the affected land.
20      (2)     Section 142 or 150 (whichever is relevant) is to be taken to have
21              been complied with in relation to the provision of water service
22              works as varied by such a deviation or modification.

23   161.       When Minister may authorise deviation or modification
24      (1)     This section applies in relation to a deviation from or a
25              modification to proposed water service works if the Minister is
26              satisfied that the deviation or modification --
27                (a) is not generally inconsistent with the proposal; and
28                (b) is necessary in the public interest; and




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                         Powers in relation to water service works          Part 6
                                  Property in water service works      Division 7
                                                                            s. 162



1               (c)   does not adversely affect the interests of any person who
2                     is the owner or the occupier of land where the water
3                     service works are to be located.
4       (2)   If this section applies in relation to a deviation or modification,
5             the Minister may authorise the provision of the works as varied
6             by the deviation or modification.
7       (3)   If the Minister authorises the provision of the works as varied
8             by the deviation or modification, section 142 or 150 (whichever
9             is relevant) is to be taken to have been complied with in relation
10            to the provision of water service works as varied by the
11            deviation or modification.

12             Division 7 -- Property in water service works
13   162.     Property in water service works and things placed on land
14      (1)   Any water service works or other similar things that a licensee
15            places on land in the exercise or purported exercise of a works
16            power --
17              (a) are to be taken to have been lawfully so placed; and
18              (b) even if the licensee is not the owner of the land, remain
19                    the property of the licensee unless the licensee has
20                    agreed otherwise,
21            and in particular, but subject to paragraph (b), they --
22              (c) do not become a part of the land, regardless of whether
23                    they are of the nature of a fixture; and
24              (d) are capable of being transferred separately from the
25                    land; and
26              (e) may be maintained, repaired, altered, demolished or
27                    destroyed by, or with the authority of, the licensee; and
28               (f) may be removed by, or with the authority of, the
29                    licensee.
30      (2)   If water service works on land are transferred to a licensee,
31            those works are to be taken, for the purposes of this Act, to have

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     Part 6         Powers in relation to water service works
     Division 7     Property in water service works
     s. 163



1               been placed on the land by the licensee in the exercise of a
2               works power.

3    163.       Powers of licensee in respect of water service works that are
4               part of land
5       (1)     Water service works that have been provided by a licensee in
6               the exercise or purported exercise of a works power and that are
7               a part of land --
8                 (a) are to be taken to have been lawfully so provided; and
9                 (b) may be maintained, repaired, altered, demolished or
10                      destroyed by, or with the authority of, the licensee
11                      unless the licensee has agreed otherwise.
12      (2)     The rights in relation to water service works referred to in
13              subsection (1)(b) may be transferred to another licensee.
14      (3)     If rights in relation to water service works referred to in
15              subsection (1)(b) are transferred to a licensee, those works are to
16              be taken, for the purposes of this Act, to have been provided by
17              the licensee in the exercise of a works power.




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                                                           Water Services Bill 2011
                             Powers in relation to interests in land         Part 7

                                                                            s. 164



1           Part 7 -- Powers in relation to interests in land
2    164.     Terms used
3             In this Part --
4             interest, in land, has the meaning given in the Land
5             Administration Act 1997 section 151(1);
6             Land Administration Minister means Minister as defined in the
7             Land Administration Act 1997 section 3(1);
8             public work has the meaning given in the Public Works
9             Act 1902 section 2.

10   165.     Power of public authority to grant certain interests
11      (1)   In this section --
12            relevant interest means a lease, easement, licence or other
13            authority necessary or expedient to enable a licensee to provide,
14            operate or maintain water service works.
15      (2)   A public authority may grant to a licensee, on the terms and
16            conditions agreed between them, a relevant interest in respect of
17            land held by the public authority in fee simple.

18   166.     Taking of interest in land for purposes of licensee
19      (1)   For the purpose of enabling a licensee --
20             (a) to provide a water service authorised by a licence held
21                    by the licensee; or
22             (b) to provide, operate or maintain water service works
23                    specified in the licence,
24            an interest in land may be taken under the Land Administration
25            Act 1997 Part 9 as if for a public work and, for the purposes of
26            Parts 9 and 10 of that Act, the licensee is to be taken to be the
27            acquiring authority.
28      (2)   The power conferred by subsection (1) can only be exercised on
29            the recommendation of the Minister administering this Act.


                                                                         page 135
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     Part 7         Powers in relation to interests in land

     s. 167



1       (3)     Before exercising the powers in the Land Administration
2               Act 1997 section 175(2), the Minister referred to in that
3               provision must consult with the licensee.
4       (4)     If, in the opinion of the Minister administering this Act, an
5               interest in land is appropriate to a licensee's needs in respect
6               of --
7                  (a) major works or general works (within the meaning given
8                        in section 132(1)); or
9                 (b) any other works of a kind prescribed for the purposes of
10                       this subsection,
11              the Minister must advise the licensee of that opinion.
12      (5)     On being advised under subsection (4), the licensee is required
13              to acquire that interest --
14                (a) by agreement; or
15                (b) if that is not practicable -- by initiating the taking of the
16                      interest under the Land Administration Act 1997 Part 9,
17                      which may be taken as if for a public work and, for the
18                      purposes of Parts 9 and 10 of that Act, the licensee is to
19                      be taken to be the acquiring authority.
20      (6)     Any costs and expenses incurred in the taking of an interest
21              under this section --
22                (a) are to be paid by the licensee; and
23               (b) to the extent to which the State has incurred those
24                      expenses -- may be recovered by the State from the
25                      licensee in a court of competent jurisdiction.

26   167.       Vesting of interest
27              Despite anything in the Land Administration Act 1997 Part 9, on
28              the taking of an interest in land in accordance with section 166,
29              the interest vests in the licensee for the purpose of enabling the
30              licensee to provide the water services, or provide, operate or
31              maintain the water service works, for which the interest was
32              taken.

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                           Powers in relation to interests in land         Part 7

                                                                          s. 168



1    168.   Easements in gross
2           An easement may be taken in accordance with section 166
3           without there being a dominant tenement, and there may be
4           made appurtenant or annexed to any such easement another
5           easement or the benefit of a restriction as to the user of the land.

6    169.   Subdivision of land -- planning approval
7           A licensee may, under the Planning and Development Act 2005
8           section 135, submit to the Western Australian Planning
9           Commission plans of a subdivision of land acquired or to be
10          acquired by the licensee despite the licensee not being the
11          owner of the land, and approval under that Act may be given for
12          the subdivision.

13   170.   Sale of land
14          A licensee must not sell an interest in land if the purchaser
15          would hold a parcel of land that did not comply with minimum
16          lot size and zoning requirements under the Planning and
17          Development Act 2005, unless the Planning Minister permits the
18          licensee to do so.




                                                                       page 137
     Water Services Bill 2011
     Part 8         Entry for performance of functions
     Division 1     Preliminary
     s. 171



1             Part 8 -- Entry for performance of functions
2                            Division 1 -- Preliminary
3    171.       Terms used
4       (1)     In this Part --
5               authorised person means --
6                 (a) a person authorised by the Authority for the purposes of
7                        a provision of Part 2; or
8                 (b) an inspector; or
9                 (c) a person authorised by a licensee or the CEO for the
10                       purposes of a provision of Part 5 (including a person
11                       authorised by such a person under section 130(1)); or
12                (d) a compliance officer; or
13                (e) a person authorised by a licensee for the purposes of
14                       Part 6; or
15                 (f) an individual acting on behalf of an authorised person
16                       (who may or may not be an individual) referred to in
17                       paragraph (a), (c) or (e);
18              authorising authority means --
19                (a) in relation to a person acting in his or her capacity as a
20                       person authorised by the Authority for the purposes of a
21                       provision of Part 2 -- the Authority; and
22                (b) in relation to a person acting in his or her capacity as a
23                       person authorised by a licensee or the CEO for the
24                       purposes of a provision of Part 5 -- the licensee or the
25                       CEO (whichever is relevant); and
26                (c) in relation to a person acting in his or her capacity as a
27                       person authorised by a licensee for the purposes of
28                       Part 6 -- the licensee;
29              designating authority means --
30                (a) in relation to a person acting in his or her capacity as an
31                       inspector designated by the Authority or the CEO under

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                                                          Water Services Bill 2011
                                Entry for performance of functions          Part 8
                                Entry for performance of functions     Division 2
                                                                            s. 172



1                     section 210(1) or (2) -- the Authority or the CEO
2                     (whichever is relevant); and
3               (b) in relation to a person acting in his or her capacity as a
4                     compliance officer designated by a licensee or the CEO
5                     under section 210(3) or (4) -- the licensee or the CEO
6                     (whichever is relevant);
7             informed consent has the meaning given by subsection (2);
8             occupier, of a place, includes any person who appears to have
9             the control or management of the place.
10      (2)   For the purposes of this Part, a person gives informed consent to
11            entry to a place if the person consents after being informed by
12            the authorised person --
13              (a) of the power of entry that the authorised person wants to
14                    exercise in respect of the place; and
15              (b) of the reason why the authorised person wants to
16                    exercise the power; and
17              (c) that the person can refuse to consent to the authorised
18                    person entering the place.

19   172.     Application of this Part
20            This Part applies to and in relation to an authorised person and
21            any entry to a place that the person may make under a provision
22            of this Act, except to the extent to which this Part is inconsistent
23            with the provision under which the entry is to be made.

24            Division 2 -- Entry for performance of functions
25   173.     Entry with consent or under notice or warrant
26      (1)   If an authorised person may enter a place, including a dwelling,
27            under a provision of this Act, the person may do so --
28               (a) with the informed consent of the owner or the occupier
29                    of the place; or



                                                                         page 139
     Water Services Bill 2011
     Part 8         Entry for performance of functions
     Division 2     Entry for performance of functions
     s. 174



1                (b)    if at least 48 hours' notice of the proposed entry has
2                       been given to the owner or occupier of the place, unless
3                       entry is opposed; or
4                 (c)   under a warrant issued under section 188.
5       (2)     If an inspector or a compliance officer may enter a place under a
6               provision of this Act, the person may do so without consent,
7               notice or warrant if the person reasonably suspects that an
8               offence under this Act is being, or has been, committed at the
9               place.
10      (3)     The place referred to in subsection (2) includes an area
11              associated with a dwelling, but not the dwelling itself.
12      (4)     In relation to entry to a place for the purposes of doing works
13              the following apply --
14                (a) if the proposed works are likely to cause disruption to
15                       the occupants of the place -- 48 hours' notice of the
16                       proposed entry is required to be given to the occupier of
17                       the place, unless the occupier agrees otherwise;
18                (b) if the proposed works are likely to adversely affect the
19                       place -- 48 hours' notice of the proposed entry is
20                       required to be given to the owner of the place, unless the
21                       owner agrees otherwise.

22   174.       Notice of entry
23      (1)     Notice of a proposed entry must be in writing and must set out
24              the purpose of the entry, including (if applicable) any work
25              proposed to be carried out.
26      (2)     Successive entries for the purpose specified in a notice of
27              proposed entry are taken to be entries covered by the notice.
28      (3)     Even though, in a particular instance, an authorised person may
29              enter a place under this Act without having to give notice of
30              proposed entry, the authorised person must, when practicable
31              and when it will not compromise the reason for entry, give
32              notice of proposed entry to the occupier of the place.

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                                Entry for performance of functions          Part 8
                                Entry for performance of functions     Division 2
                                                                            s. 175



1       (4)   If a place is unoccupied and it is not practicable to give notice of
2             proposed entry to the owner of the place, notice of proposed
3             entry may be given by fixing a copy of the notice to a
4             conspicuous part of the place and displaying it for at least
5             48 hours before the power of entry is exercised.
6       (5)   If an authorised person enters a place under this Act, other than
7             under section 129(2) --
8                (a) without the consent of the occupier of the place; and
9               (b) without notice of intended entry having been given or
10                    without an entry warrant,
11            the authorised person must, as soon as is practicable, give notice
12            of the entry, its purposes and any further entry relating to the
13            first entry, to the occupier (or the owner if there is no occupier)
14            of the place.
15      (6)   For the purposes of subsection (5), an authorised person may, if
16            it is not practicable to give notice to the occupier or owner of
17            the place, leave a copy of the notice at the place for the occupier
18            or owner.

19   175.     Rights of occupier of dwelling
20      (1)   This section applies to and in relation to entry to a dwelling,
21            including where entry is to be made or is made under
22            section 177.
23      (2)   If the occupier is present when it is proposed to enter the
24            dwelling, before the entry is made --
25               (a) each authorised person concerned must identify himself
26                    or herself to the occupier; and
27              (b) each inspector or compliance officer must produce his or
28                    her certificate of authority; and
29               (c) an authorised person must inform the occupier that it is
30                    intended to enter the dwelling; and




                                                                        page 141
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     Part 8         Entry for performance of functions
     Division 2     Entry for performance of functions
     s. 175



1                (d)    if the dwelling is to be entered under a warrant issued
2                       under section 188 -- an authorised person must give a
3                       copy of the warrant to the occupier; and
4                 (e)   if the dwelling is to be entered otherwise than under a
5                       warrant -- an authorised person must --
6                          (i) inform the occupier of the reason, and the
7                               authority, for the entry; and
8                         (ii) give the occupier an opportunity to give
9                               informed consent to the dwelling being entered.
10      (3)     A provision of subsection (2) does not apply in respect of an
11              authorised person if the person reasonably suspects that to
12              comply with the provision would --
13                (a) endanger any person; or
14                (b) jeopardise the purpose of the proposed entry or the
15                      effectiveness of the exercise of any power in relation to
16                      the entry.
17      (4)     If subsection (2) is not complied with before a dwelling is
18              entered, then as soon as practicable after the dwelling is entered,
19              that subsection must be complied with to the extent to which it
20              is relevant.
21      (5)     If a dwelling that is entered by one or more authorised persons
22              is unoccupied, an authorised person must leave the following in
23              a prominent position in the dwelling before leaving the
24              dwelling --
25                 (a) a notice stating --
26                        (i) the authorised person's full name and official
27                              title and the name of the authorising or
28                              designating authority; and
29                       (ii) that the dwelling has been entered;
30                (b) if the entry was under a warrant -- a copy of the warrant
31                      completed in accordance with section 190(5);



     page 142
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                                Entry for performance of functions          Part 8
                                Entry for performance of functions     Division 2
                                                                            s. 176



1               (c)   if the entry was otherwise than under a warrant -- a
2                     notice stating the reason, and the authority, for the entry.
3       (6)   The copy of a warrant given under subsection (2) or (4) or left
4             under subsection (5) must omit the name of the judicial officer
5             who issued it.

6    176.     When authorised person must leave etc.
7       (1)   If an authorised person has entered a place with or without
8             consent, any owner or occupier of the place may withdraw or
9             refuse consent to enter, and in that case the authorised person
10            must leave the premises as soon as is practicable after being
11            notified of the withdrawal or refusal.
12            Penalty: a fine of $1 000.
13      (2)   Subsection (1) does not apply in relation to entry under a
14            warrant.
15      (3)   An inspector or compliance officer performing or proposing to
16            perform a function under this Act must produce his or her
17            certificate of authority if asked to do so and the inspector or
18            compliance officer must not perform, or continue to perform,
19            the function if he or she is unable to do so.
20            Penalty: a fine of $1 000.
21      (4)   If an authorised person (other than an inspector or compliance
22            officer) enters or proposes to enter a place and takes or proposes
23            to take an action (for the purposes of a provision of this Act in
24            respect of which entry is or is to be made), an owner or occupier
25            of the place may request the authorised person to produce
26            evidence that the person is --
27               (a) authorised by an authorising authority for the purposes
28                    of the provision; or




                                                                         page 143
     Water Services Bill 2011
     Part 8         Entry for performance of functions
     Division 2     Entry for performance of functions
     s. 177



1                (b)    acting on behalf of an authorised person who is
2                       authorised by an authorising authority for the purposes
3                       of the provision,
4               and the person must leave the place if he or she is unable to do
5               so unless the owner or occupier agrees otherwise.
6               Penalty: a fine of $1 000.

7    177.       Power to enter includes power to enter other places
8       (1)     If a place is one of 2 or more premises in one building, then, in
9               order to enter the place, an authorised person may enter, but not
10              exercise any power in respect of, any part of the building that
11              the occupiers of the premises use exclusively but in common
12              with each other.
13      (2)     If subsection (1) does not apply and an authorised person
14              reasonably suspects that in order to enter a place it is necessary
15              to enter another place, the person may enter, but not exercise
16              any power in respect of, the other place.

17   178.       Entry with vehicles and equipment
18              An authorised person exercising a power of entry may do so
19              with such vehicles, machinery and equipment as the person
20              considers to be necessary or expedient --
21                (a) for the purpose of the entry; and
22                (b) for any purpose for which the entry is made.

23   179.       Assistance to exercise powers
24      (1)     An authorised person intending to exercise a power of entry and
25              take an action (for the purposes of the provision of this Act in
26              respect of which entry is to be made) may authorise as many
27              other persons as are reasonably necessary in the circumstances
28              to assist in the exercise of the power and the taking of the
29              action.




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                                Entry for performance of functions          Part 8
                                Entry for performance of functions     Division 2
                                                                            s. 180



1       (2)   A person who is assisting an authorised person to exercise such
2             a power and take any action must, in doing so, comply with any
3             reasonable directions of the authorised person.
4             Penalty: a fine of $1 000.

5    180.     Use of force
6       (1)   When exercising a power of entry and taking an action (for the
7             purposes of the provision of this Act in respect of which entry is
8             made), an authorised person may use any force against any
9             thing that it is reasonably necessary to use in the circumstances
10            to make the entry or take the action.
11      (2)   If under subsection (1) an authorised person uses force, the
12            force may be such as causes damage to the property of another
13            person.

14   181.     Actions of authorised persons and others
15            An authorised person exercising a power of entry and taking an
16            action (for the purposes of the provision of this Act in respect of
17            which entry is made) or a person who is assisting such an
18            authorised person must, so far as is practicable, comply with
19            any reasonable request of the owner or occupier concerned
20            intended to limit interference with the lawful activities of the
21            owner or occupier.
22            Penalty: a fine of $1 000.

23   182.     Injunction in support of power of entry
24            If --
25               (a)   an authorised person intends to or has attempted to
26                     exercise a power of entry or take an action (for the
27                     purposes of the provision of this Act in respect of which
28                     entry is made); and
29              (b)    the circumstances are such that the authorised person is
30                     prevented from exercising the power of entry or taking
31                     the action; and


                                                                        page 145
     Water Services Bill 2011
     Part 8         Entry for performance of functions
     Division 3     Warrants to enter
     s. 183



1                 (c)   a warrant to enter under Division 3 is not appropriate in
2                       the circumstances,
3               the authorising or designating authority of the authorised person
4               may apply to the Supreme Court or the District Court for an
5               injunction --
6                 (d) restraining a person from doing a thing that would
7                       prevent the authorised person from exercising the power
8                       of entry or taking the action; or
9                 (e) enjoining a person to do a thing that would enable the
10                      authorised person to exercise the power of entry or take
11                      the action.

12   183.       Complaints about exercise of powers
13      (1)     If an authorised person, or a person who is assisting such an
14              authorised person, fails to comply with a requirement of
15              section 129, 130 or 140 or of this Part in relation to an entry or
16              the taking of an action, the owner or occupier of the place in
17              respect of which the entry was made or the action taken may
18              make a complaint about that to --
19                 (a) in the case where the person derived their authority from
20                      a licensee -- the water services ombudsman under
21                      Part 4; or
22                (b) in any other case -- the Commissioner under the
23                      Parliamentary Commissioner Act 1971.
24      (2)     Subsection (1) does not limit any other remedy the owner or
25              occupier may have.

26                       Division 3 -- Warrants to enter
27   184.       Term used: remote communication
28              In this Division --
29              remote communication means any way of communicating at a
30              distance including by telephone, fax, email or radio.


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                                                 Warrants to enter     Division 3
                                                                            s. 185



1    185.     Application for warrant
2       (1)   For the purposes of section 173(1)(c), an authorised person may,
3             in accordance with this Division, apply to a justice for a warrant
4             authorising the person to enter a place.
5       (2)   An authorised person may apply for a warrant authorising the
6             person to enter a place even if the person has power to enter the
7             place under section 129, 130 or 140.
8       (3)   In this section, an authorised person does not include a person
9             referred to in paragraph (f) of the definition of authorised
10            person in section 171(1).

11   186.     Contents of application
12            An application for a warrant to enter must --
13              (a)   state the applicant's full name and official title; and
14             (b)    set out the grounds for seeking the warrant; and
15              (c)   describe the place that is to be entered; and
16             (d)    state whether entry is opposed or has been refused or
17                    prevented or cannot otherwise be obtained; and
18              (e)   state, to the best of the applicant's knowledge, whether
19                    an application under this Division for a warrant to enter
20                    the place has been made to any other justice within the
21                    previous 72 hours and, if so, whether a warrant was
22                    issued or not; and
23              (f)   include any other information that is prescribed.

24   187.     How application to be made
25      (1)   An application for a warrant to enter must be made in person
26            before a justice unless --
27              (a)   the warrant is needed urgently; and




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     Division 3     Warrants to enter
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1                (b)   the applicant reasonably suspects that a justice is not
2                      available within a reasonable distance of the applicant,
3               in which case --
4                 (c) it may be made to the justice by remote communication;
5                      and
6                 (d) the justice must not grant it unless satisfied about the
7                      matters in paragraphs (a) and (b).
8       (2)     The application must be made in writing unless --
9                (a) the application is made by remote communication; and
10               (b) it is not practicable to send the justice written material,
11              in which case --
12                (c) it may be made orally; and
13                (d) the justice must make a written record of the application
14                     and any information given in support of it.
15      (3)     The application must be made on oath unless --
16               (a) the application is made by remote communication; and
17               (b) it is not practicable for the justice to administer an oath
18                     to the applicant,
19              in which case --
20                (c) it may be made in an unsworn form; and
21                (d) if the justice issues a warrant, the applicant must as soon
22                     as is practicable send the justice an affidavit verifying
23                     the application and any information given in support of
24                     it.
25      (4)     If a justice issues a warrant on an application made by remote
26              communication, the justice must, if practicable, send a copy of
27              the original warrant to the applicant by remote communication,
28              but otherwise --
29                 (a) the justice must send the applicant by remote
30                       communication any information that must be set out in
31                       the warrant; and

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                                                  Warrants to enter     Division 3
                                                                             s. 188



1              (b)    the applicant must complete a form of warrant with the
2                     information received and give the justice a copy of the
3                     form as soon as is practicable after doing so; and
4               (c)   the justice must attach the copy of the form to the
5                     original warrant and any affidavit received from the
6                     applicant and make them available for collection by the
7                     applicant.
8       (5)   The copy of the original warrant sent or the form of the warrant
9             completed (whichever is relevant) under subsection (4) has the
10            same force and effect as the original warrant.
11      (6)   If an applicant contravenes subsection (3)(d) or (4)(b), any
12            evidence obtained under the warrant is not admissible in
13            proceedings in a court.
14      (7)   A reference in this section to making an application includes a
15            reference to giving information in support of the application.

16   188.     Issue of warrant
17      (1)   On an application for a warrant to enter, the justice may issue
18            the warrant if satisfied that entry is required for the purposes of
19            the provision of this Act in respect of which entry is sought
20            but --
21              (a) entry has been refused or opposed or prevented; or
22              (b) entry cannot be obtained; or
23              (c) notice of proposed entry cannot be given to the occupier
24                    (or the owner if there is no occupier) of the place
25                    without frustrating the purpose of the entry, without
26                    unnecessary difficulty or without unreasonably delaying
27                    entry.
28      (2)   The justice is to cause a note to be made (on the warrant or
29            otherwise) of the matters of fact on which the justice has relied
30            to justify the issue of the warrant.




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     Division 3     Warrants to enter
     s. 189



1       (3)     If a justice refuses to issue a warrant, the justice must record on
2               the application the fact of, the date and time of, and the reasons
3               for, the refusal.
4    189.       Contents of warrant
5               A warrant must be in the prescribed form and contain the
6               following information --
7                 (a) the applicant's full name and official title;
8                 (b) the place that may be entered under the warrant;
9                 (c) the function or functions that may be performed on entry
10                     under the warrant;
11                (d) the period, not exceeding 12 months, during which it
12                     may be executed;
13                (e) the name of the justice who issued it;
14                 (f) the date and time when it was issued.
15   190.       Execution of warrant
16      (1)     In this section, and in this Part where the context requires --
17              authorised person includes a person authorised under
18              subsection (3).
19      (2)     A warrant issued under section 188 permits an authorised
20              person during the period specified under section 189(d) to enter,
21              and make successive entries into, the place described in the
22              warrant for the purpose of performing any function that is
23              specified in the warrant.
24      (3)     A warrant may be executed by the authorised person to whom it
25              was issued or by another person authorised for that purpose by
26              the authorising or designating authority of the authorised
27              person.
28      (4)     Unless required to give a copy of the warrant, an authorised
29              person executing a warrant must produce the warrant for
30              inspection by the occupier of the place concerned --
31                (a) on entry (if practicable); and

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                           Entry for performance of functions          Part 8
                                            Warrants to enter     Division 3
                                                                       s. 190



1          (b)   if requested to do so.
2   (5)   On completing the execution of a warrant the authorised person
3         in charge of executing it must record the following matters on
4         it --
5            (a) the person's full name and official title;
6            (b) the date and time when the warrant was executed;
7            (c) any other matter that is prescribed.




                                                                   page 151
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     Part 9         Legal proceedings
     Division 1     Legal proceedings
     s. 191



1                        Part 9 -- Legal proceedings
2                        Division 1 -- Legal proceedings
3    191.       Prosecutions -- who may commence
4       (1)     Proceedings for an offence under this Act may be commenced
5               by the CEO or a person authorised to do so by the CEO.
6       (2)     Subsection (1) limits the Criminal Procedure Act 2004
7               section 20 except in relation to proceedings for an offence
8               committed by a person authorised or designated under this Act
9               by the CEO.

10   192.       Time for bringing prosecutions
11      (1)     Proceedings for an offence under this Act may be commenced
12              within 5 years after the date on which the offence is alleged to
13              have been committed.
14      (2)     Despite subsection (1), if a prosecution notice alleging an
15              offence under this Act specifies the day on which evidence of
16              the alleged offence first came to the attention of a person
17              authorised to institute the proceedings under section 191 --
18                (a) the prosecution may be commenced within 5 years after
19                      that day; and
20                (b) the prosecution notice need not contain particulars of the
21                      day on which the offence is alleged to have been
22                      committed.
23      (3)     For the purposes of subsection (2), the day specified in the
24              prosecution notice as the day on which evidence first came to
25              the attention of a person authorised to institute proceedings is, in
26              the absence of evidence to the contrary, to be presumed to be
27              that day.




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                                              Legal proceedings          Part 9
                                              Legal proceedings     Division 1
                                                                         s. 193



1    193.     Continuing offences -- daily penalties
2       (1)   In addition to a penalty specified for an offence under this Act,
3             if a daily penalty is specified for the offence a person convicted
4             of the offence is liable to a daily penalty, not exceeding the
5             amount specified, for each day or part of a day during which the
6             offence continued --
7                (a) after a compliance notice, or other written notice of the
8                      alleged offence, has been given to the offender; or
9               (b) in the case of an offence of not complying with a
10                     compliance notice -- after the time within which the
11                     person given the notice must comply with it (which
12                     includes that time as extended as a consequence of any
13                     review or appeal).
14      (2)   For the purposes of the Interpretation Act 1984 section 71, in
15            relation to an offence committed under this Act, the penalty for
16            each separate and further offence committed by a person is --
17              (a) for an individual, a fine of $1 000; and
18              (b) for a body corporate, a fine of $5 000.

19   194.     Injunctions to ensure compliance with this Act
20      (1)   In this section --
21            offence provision means a provision of this Act, contravention
22            of which may constitute an offence under this Act.
23      (2)   The CEO or the Authority may apply to the Supreme Court or
24            the District Court for an injunction restraining a person --
25              (a) from doing something that would, or would be likely to,
26                    contravene an offence provision; or
27              (b) from aiding, abetting, counselling or procuring the
28                    contravention of an offence provision; or
29              (c) from conspiring with others to contravene or bring about
30                    the contravention of an offence provision; or



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     s. 194



1                (d)   from attempting to do anything referred to in
2                      paragraph (a), (b) or (c).
3       (3)     The CEO or the Authority may apply to the Supreme Court or
4               the District Court to enjoin a person to do something where the
5               person's omission to do it contravenes or would contravene an
6               offence provision.
7       (4)     A licensee may apply for an injunction under subsection (2)
8               or (3) if --
9                 (a) the injunction is sought in relation to a contravention of
10                       an offence provision of Part 5 and in relation to the
11                       water service works of the licensee or a water service
12                       provided by the licensee; and
13                (b) the injunction is not sought against another licensee.
14      (5)     The court may grant an injunction whether or not the person has
15              previously contravened the provision, or would, if the injunction
16              is not granted, be likely to contravene or to continue to
17              contravene the provision.
18      (6)     An interim injunction may be granted before final determination
19              of an application under subsection (2).
20      (7)     The court is not to require, as a condition of granting an interim
21              injunction, that the CEO or the Authority give an undertaking as
22              to damages or costs.
23      (8)     Proceedings against a person for an offence under this Act are
24              not affected by --
25                (a) the making of an application for an injunction in relation
26                      to the commission of the offence; or
27                (b) the grant of or refusal to grant an injunction; or
28                (c) the rescission, variation or expiry of an injunction.




     page 154
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                                              Legal proceedings          Part 9
                                              Legal proceedings     Division 1
                                                                         s. 195



1    195.     Court's power to make ancillary orders on conviction
2       (1)   If a court convicts a person of an offence under this Act, the
3             court may do any or all of the following --
4                (a) order the offender to notify persons specified in the
5                     order, or persons in a class of persons specified in the
6                     order, of the commission of the offence and the
7                     conviction of the offender;
8               (b) if the offender is a person or public authority required
9                     under a written law to make an annual report -- order
10                    the offender to include in the report notice of the
11                    commission of the offence and the conviction of the
12                    offender;
13               (c) order the offender to take measures specified in the
14                    order, within the time specified in the order --
15                       (i) to prevent, control, abate or mitigate damage
16                            caused by the commission of the offence; or
17                      (ii) to prevent any continuation or repetition of the
18                            offence;
19              (d) order the offender to pay a licensee, a public authority or
20                    another person the costs reasonably incurred by the
21                    licensee, authority or person in --
22                       (i) preventing, controlling, abating or mitigating any
23                            waste of water, nuisance, health hazard or harm
24                            to the environment caused by the commission of
25                            the offence; or
26                      (ii) making good any environmental damage caused
27                            by the commission of the offence; or
28                     (iii) preventing or mitigating loss of or damage to
29                            property by reason of the commission of the
30                            offence;
31               (e) order the offender to pay a licensee, a public authority or
32                    another person an amount for compensation for the loss
33                    of or damage to property by reason of the commission of
34                    the offence;

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1                 (f)   make any other order the court thinks appropriate in the
2                       circumstances.
3       (2)     The court may make an order under this section at the time of
4               sentencing the offender or on application at a later time.
5       (3)     An order under this section --
6                (a) is in addition to any other penalty that may be imposed
7                      on the person convicted; and
8                (b) may be in addition to any compensation order made
9                      under the Sentencing Act 1995 Part 16; and
10               (c) does not affect any civil remedy a person may have
11                     against the person convicted.
12      (4)     However, subsection (3) does not mean that a court cannot take
13              into account any amount of compensation a person has already
14              received in relation to the costs, damage or loss incurred.

15                  Division 2 -- Liability of certain persons
16   196.       Liability of officers of body corporate
17      (1)     In this section --
18              officer, of a body corporate, has the same meaning as officer of
19              a corporation has in the Corporations Act 2001
20              (Commonwealth) section 9 but does not include an employee of
21              the body corporate unless the employee is concerned in the
22              management of the body corporate.
23      (2)     If a body corporate is charged with an offence under this Act,
24              each person who was an officer of the body corporate at the
25              time of the alleged offence may also be charged with the
26              offence.
27      (3)     If a body corporate and an officer of the body corporate are
28              charged as permitted by subsection (2) and the body corporate is
29              found guilty of the offence, the officer is to be taken to have
30              also committed the offence, subject to the defence in
31              subsection (6).

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                                       Liability of certain persons     Division 2
                                                                             s. 197



1       (4)   If a body corporate commits an offence under this Act, then,
2             although the body corporate is not charged with the offence,
3             each person who was an officer of the body corporate at the
4             time the offence was committed may be charged with the
5             offence.
6       (5)   If an officer is charged as permitted by subsection (4) and it is
7             proved that the body corporate committed the offence, the
8             officer is to be taken to have also committed the offence, subject
9             to the defence in subsection (6).
10      (6)   If an officer is charged under this section with an offence it is a
11            defence to prove that --
12               (a) the offence was committed without the officer's consent
13                    or connivance; and
14              (b) the officer took all the measures to prevent the
15                    commission of the offence that the officer could
16                    reasonably be expected to have taken having regard to
17                    the officer's functions and to all the circumstances.

18   197.     Liability of principal for acts of agent
19      (1)   If a person (the agent) acting, otherwise than as an employee,
20            for or on behalf of another person (the principal) is charged
21            with an offence under this Act, the principal may also be
22            charged with the offence.
23      (2)   If an agent and a principal are charged as permitted by
24            subsection (1) and the agent is found guilty of the offence, the
25            principal is to be taken to have also committed the offence,
26            subject to the defence in subsection (5).
27      (3)   If a person (the agent) acting, otherwise than as an employee,
28            for or on behalf of another person (the principal) commits an
29            offence under this Act, then, although the agent is not charged
30            with the offence, the principal may be charged with the offence.
31      (4)   If a principal is charged as permitted by subsection (3) and it is
32            proved that the agent committed the offence, the principal is to


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     s. 198



1               be taken to have committed the offence, subject to the defence
2               in subsection (5).
3       (5)     If a principal is charged under this section with an offence it is a
4               defence to prove that --
5                  (a) the offence was committed without the principal's
6                        consent or connivance; and
7                 (b) the principal took all the measures to prevent the
8                        commission of the offence that the principal could
9                        reasonably be expected to have taken having regard to
10                       all the circumstances.

11   198.       Liability of employer for offences of employee
12      (1)     If a person (the employee) employed by another person (the
13              employer) is charged as an employee with an offence under this
14              Act, the employer may also be charged with the offence whether
15              or not the employee acted without the employer's authority or
16              contrary to the employer's orders or instructions.
17      (2)     If an employee and an employer are charged as permitted by
18              subsection (1) and the employee is convicted of the offence, the
19              employer is to be taken to have also committed the offence,
20              subject to the defence in subsection (5).
21      (3)     If a person (the employee) employed by another person (the
22              employer) commits an offence under this Act as an employee,
23              then, although the employee is not charged with the offence, the
24              employer may be charged with the offence whether or not the
25              employee acted without the employer's authority or contrary to
26              the employer's orders or instructions.
27      (4)     If an employer is charged as permitted by subsection (3) and it
28              is proved that the employee committed the offence, the
29              employer is to be taken to have committed the offence, subject
30              to the defence in subsection (5).




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                                                                             s. 199



1       (5)   If an employer is charged under this section with an offence it is
2             a defence to prove that --
3                (a) the offence was committed without the employer's
4                     consent or connivance; and
5               (b) the employer took all the measures to prevent the
6                     commission of the offence that the employer could
7                     reasonably be expected to have taken having regard to
8                     all the circumstances.

9    199.     Conduct on behalf of bodies corporate and principals
10      (1)   In this section --
11            engaging in conduct includes failing or refusing to engage in
12            conduct;
13            state of mind of a person includes --
14              (a) the knowledge, intention, opinion, belief or purpose of
15                     the person; and
16              (b) the person's reasons for the intention, opinion, belief or
17                     purpose.
18      (2)   This section applies to and in relation to proceedings for an
19            offence against this Act.
20      (3)   If it is necessary to establish the state of mind of a body
21            corporate in relation to particular conduct, it is sufficient to
22            show --
23               (a) that the conduct was engaged in by a director, employee
24                      or agent of the body corporate within the scope of his or
25                      her actual or apparent authority; and
26              (b) that the director, employee or agent had the relevant
27                      state of mind.
28      (4)   Conduct engaged in on behalf of a body corporate by a director,
29            employee or agent of the body corporate within the scope of his
30            or her actual or apparent authority is to be taken to have been
31            engaged in also by the body corporate, unless the body


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     Division 3     Evidentiary provisions
     s. 200



1               corporate establishes that it took reasonable precautions and
2               exercised due diligence to avoid the conduct.
3       (5)     If it is necessary to establish the state of mind of a person other
4               than a body corporate in relation to particular conduct, it is
5               sufficient to show --
6                  (a) that the conduct was engaged in by an employee or
7                         agent of the person within the scope of his or her actual
8                         or apparent authority; and
9                 (b) that the employee or agent had the relevant state of
10                        mind.
11      (6)     Conduct engaged in on behalf of a person other than a body
12              corporate (the principal) by an employee or agent of the person
13              within the scope of his or her actual or apparent authority is to
14              be taken to have been engaged in also by the principal, unless
15              the principal establishes that the principal took reasonable
16              precautions and exercised due diligence to avoid the conduct.

17                     Division 3 -- Evidentiary provisions
18   200.       Evidence of certain things relating to contraventions
19      (1)     This section applies to civil and criminal proceedings under this
20              Act against a person in relation to a contravention of a provision
21              of this Act, contravention of which may constitute an offence
22              under this Act.
23      (2)     If, in the proceedings, it is proved that, at the time that the
24              contravention is alleged to have occurred, an act or thing was
25              done on land that constitutes, or is part of, the contravention, it
26              is to be presumed, in the absence of evidence to the contrary,
27              that the occupier of the land at the time, or a person acting on
28              the occupier's behalf, did the act or thing.
29      (3)     If, in the proceedings, it is proved that a particular state of
30              affairs existed at a particular time on land in relation to which
31              the contravention is alleged to have occurred, it is to be
32              presumed, in the absence of evidence to the contrary, that the

     page 160
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                                           Evidentiary provisions    Division 3
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1             occupier of the land at the time, or a person acting on the
2             occupier's behalf, brought about that state of affairs.

3    201.     Evidence of authorisation and enforcement matters
4       (1)   In this section --
5             authorisation includes a licence, designation or approval under
6             this Act.
7       (2)   In proceedings for an offence under this Act, an allegation in the
8             prosecution notice of any of the following matters is, in the
9             absence of evidence to the contrary, to be taken to have been
10            proved --
11              (a) that the prosecutor is authorised to commence the
12                   prosecution;
13              (b) that at a specified time a specified person was an
14                   inspector or a compliance officer or a person assisting
15                   an inspector or compliance officer under section 179;
16              (c) that at a specified time a specified person was or was not
17                   authorised to do a specified thing under an authorisation;
18              (d) that at a specified time a specified person was or was not
19                   the holder of an authorisation;
20              (e) that at a specified time a specified person was or was not
21                   the subject of an authorisation or exemption;
22               (f) that at a specified time an authorisation or exemption
23                   was cancelled, suspended or for any other reason of no
24                   effect;
25              (g) that at a specified time an authorisation or exemption
26                   was subject to any specified condition;
27              (h) that at a specified time a person held a specified office
28                   or had a specified status;
29               (i) that at a specified time a prescribed fee had not been
30                   paid.
31      (3)   In proceedings for an offence under this Act a notice,
32            authorisation or exemption under this Act, including the

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     Division 3     Evidentiary provisions
     s. 202



1               conditions applying to any such thing, may be proved by
2               tendering a copy of it certified by the CEO to be a true copy of
3               the original.

4    202.       Evidence of scientific matters
5       (1)     In this section --
6               analysis means an examination, assay or test relevant to
7               determining the quality or composition of water or any other
8               substance or thing;
9               approved analyst means an analyst, or an analyst in a class of
10              analyst, approved by the CEO to carry out analysis for the
11              purposes of this Act or specified provisions of this Act.
12      (2)     In any proceedings for an offence under this Act, a report by an
13              approved analyst is, in the absence of evidence to the contrary,
14              proof of --
15                (a) the results of the analysis; and
16                (b) the matters stated in the report; and
17                (c) the fact that the approved method, if any, for carrying
18                      out the analysis has been followed by the analyst in
19                      making the analysis.
20      (3)     In any proceedings for an offence under this Act, a report by an
21              approved analyst that contains a statement that the sample was
22              taken for the purposes of this Act is, in the absence of evidence
23              to the contrary, proof of the fact that --
24                (a) the sample was taken in the approved manner, if any;
25                      and
26                (b) the sample was taken from the material identified in the
27                      report as the material sampled.
28      (4)     Where in any proceedings brought under this Act proof is given
29              of the contents of any sample analysed for the purposes of this
30              Act and that the sample was taken in accordance with the
31              regulations, the sample is to be taken to be representative of the
32              material sampled.

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                                             Legal proceedings           Part 9
                                          Evidentiary provisions    Division 3
                                                                         s. 203



1    203.     Documentary and signed evidence
2       (1)   In this section --
3             authorisation includes a licence, designation or approval under
4             this Act.
5       (2)   In proceedings for an offence under this Act --
6               (a) a copy of a code, standard or other document that has
7                    been adopted or applied under this Act, purporting to be
8                    signed by the CEO certifying that the copy is a true copy
9                    as at a specified date or during a specified period, is
10                   evidence of the contents of the code, standard or other
11                   document as at that date or during that period; and
12              (b) a copy of an authorisation, order, direction, notice, map
13                   or plan under this Act, purporting to be signed by the
14                   CEO certifying that the copy is a true copy, is evidence
15                   of that authorisation, order, direction, notice, map or
16                   plan; and
17              (c) a document purporting to be signed by the CEO
18                   certifying that at a specified time or during a specified
19                   period --
20                      (i) there was or was not in force an authorisation,
21                            order, direction or notice in relation to a
22                            specified person or specified land; or
23                     (ii) that an authorisation, order, direction or notice
24                            was or was not subject to specified conditions,
25                   is evidence of the matters contained in the document;
26                   and
27              (d) a document purporting to be signed by the CEO
28                   certifying --
29                      (i) as to the receipt or otherwise of any notice,
30                            application or payment; or




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     Division 3     Evidentiary provisions
     s. 204



1                        (ii)   that any amount of fees, charges or other money
2                               is payable to the State under this Act by a
3                               specified person and has not been paid at the date
4                               of the certificate,
5                       is evidence of the matters contained in the document.
6       (3)     In the absence of evidence to the contrary, it is to be presumed
7               that a document purporting to be signed by the Minister, the
8               CEO or an inspector or compliance officer was signed by a
9               person who at the time was the Minister, the CEO or an
10              inspector or compliance officer (whichever is relevant).
11      (4)     In the absence of evidence to the contrary, it is to be presumed
12              that a document purporting to be signed by a delegate of the
13              Minister or the CEO was signed by a person who at the time
14              was such a delegate and was authorised to sign it.

15   204.       Evidence of ownership or occupancy
16      (1)     In proceedings under this Act, in addition to other methods of
17              proof available --
18                (a)   evidence that the person proceeded against is subject to
19                      water service charges as the owner of land; or
20               (b)    evidence by the certificate of --
21                        (i)   the Registrar of Titles or an Assistant Registrar
22                              of Titles, that a person's name appears in the
23                              Register under the Transfer of Land Act 1893 as
24                              proprietor of any land; or
25                       (ii)   the Registrar of Deeds and Transfers or an
26                              assistant registrar of deeds and transfers, that a
27                              person appears from a memorial of registration
28                              of a deed, conveyance or other instrument to be
29                              the owner of land; or
30                      (iii)   the chief executive officer of the department of
31                              the Public Service principally assisting in the
32                              administration of the Mining Act 1978, that a

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                                               Legal proceedings           Part 9
                                            Evidentiary provisions    Division 3
                                                                           s. 205



1                            person is registered in that department as the
2                            owner or occupier of land,
3             is, in the absence of evidence to the contrary, proof that the
4             person is the owner or occupier (whichever is relevant) of the
5             land.
6       (2)   All courts and all persons having by law, or by consent of
7             parties, authority to hear, receive and examine evidence, must,
8             for the purposes of this Act, take judicial notice of the signature
9             attached to a certificate referred to in subsection (1)(b).

10   205.     Evidence of documents and service
11      (1)   In proceedings under this Act in which a document given to a
12            party has to be proved --
13              (a) the document may be proved by the production of a
14                    copy of the original document, certified by a person
15                    authorised to give the original as a true copy of the
16                    original; and
17              (b) the giving of the document may be proved by the
18                    certification of the person authorised to give the original
19                    document that the original was given on the date
20                    specified in the certificate.
21      (2)   The validity of any document or of its due service is not
22            affected by any error, misdescription or irregularity which does
23            not mislead or which is not likely to mislead.

24   206.     Provisions are in addition to Evidence Act 1906
25            This Division is in addition to, and does not affect the operation
26            of, the Evidence Act 1906.




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     Part 10        Administration
     Division 1     The Economic Regulation Authority
     s. 207



1                         Part 10 -- Administration
2             Division 1 -- The Economic Regulation Authority
3    207.       Functions of Authority
4               The functions of the Authority under this Act are --
5                (a) to administer the licensing scheme provided for in
6                      Part 2; and
7                (b) to monitor and report to the Minister on the operation of
8                      that licensing scheme and on compliance by licensees
9                      with their licences; and
10               (c) to monitor and report to the Minister on --
11                        (i) the performance of the water services industry
12                             and of the participants in that industry; and
13                       (ii) the performance of providers of water services,
14                     and, for the purposes of such monitoring, to consult with
15                     interested groups and persons; and
16               (d) to inform the Minister about any material failure by a
17                     licensee to meet operational standards or other
18                     requirements of its licence or licences; and
19               (e) to inform the Minister about any material failure by a
20                     water service provider to comply with section 5; and
21                (f) to monitor compliance with decisions and directions of
22                     the water services ombudsman under an approved
23                     scheme; and
24               (g) the other functions conferred on the Authority under this
25                     Act.

26   208.       Authority's capacity to authorise or designate persons
27      (1)     In this section --
28              public sector employee means an employee as defined in the
29              Public Sector Management Act 1994 section 3(1);


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                               Inspectors and compliance officers   Division 2
                                                                         s. 209



1             staff member has the meaning given in the Economic
2             Regulation Authority Act 2003 section 3.
3       (2)   When authorising a person, or designating a person as an
4             inspector, for the purposes of a provision of Part 2, the
5             Authority may authorise or designate a person who need not be
6             a staff member of the Authority or a public sector employee.

7             Division 2 -- Inspectors and compliance officers
8    209.     Terms used
9             In this Division --
10            contractor, in relation to a licensee, means a person with whom
11            the licensee has entered into a contract for services that relate to
12            the provision of water services by the licensee;
13            designating authority means the Authority, the CEO or a
14            licensee.

15   210.     Designation of inspectors and compliance officers
16      (1)   The Authority may, in writing, designate an individual as an
17            inspector for the purposes of one or more specified provisions
18            of Part 2 to the extent to which the provisions relate to functions
19            of the Authority.
20      (2)   The CEO may, in writing, designate an employee of the
21            Department as an inspector for the purposes of one or more
22            specified provisions of Part 2 to the extent to which the
23            provisions relate to functions of the Minister.
24      (3)   A licensee may, in writing, designate an employee of the
25            licensee, a contractor (who is an individual) or an employee of a
26            contractor as a compliance officer for the purposes of one or
27            more specified provisions of Part 5.
28      (4)   The CEO may, in writing, designate an individual as a
29            compliance officer for the purposes of one or more specified
30            provisions of Part 5.


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     Division 2     Inspectors and compliance officers
     s. 211



1       (5)     If a designating authority designates a person as an inspector or
2               a compliance officer, the designating authority must give the
3               person a certificate of authority that sets out or includes --
4                  (a) a recent passport-size photograph of the person; and
5                 (b) the person's name; and
6                  (c) a statement to the effect that the person is an inspector
7                       or compliance officer for the purposes of this Act; and
8                 (d) the provisions under which the inspector or compliance
9                       officer may exercise powers; and
10                 (e) any limitations or restrictions that apply to the exercise
11                      of the powers of the inspector or compliance officer; and
12                 (f) the expiry date of the certificate.
13      (6)     In any proceedings under this Act, a certificate of authority
14              purporting to be issued by a designating authority under this
15              section is evidence of the designation of the person as an
16              inspector or compliance officer unless evidence is given to the
17              contrary.

18   211.       Limitations on scope of authority of inspectors and
19              compliance officers
20      (1)     A compliance officer designated by a licensee cannot, in that
21              capacity, exercise a power under Part 5 unless the purpose for
22              which the power is to be exercised relates to --
23                (a) the water service works of the licensee or the provision
24                     of water services by the licensee; or
25                (b) the contravention, or possible contravention, of a
26                     provision of Part 5 in its application in relation to the
27                     water service works of the licensee or the provision of
28                     water services by the licensee.
29      (2)     The regulations may also limit or otherwise deal with the scope
30              of the functions of an inspector or compliance officer.




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                                                  Administration       Part 10
                                                 General matters    Division 3
                                                                         s. 212



1                       Division 3 -- General matters
2    212.     Delegation by Minister
3       (1)   The Minister may delegate to --
4              (a) the CEO; or
5              (b) another officer of the Department; or
6              (c) another Minister; or
7              (d) the employing authority of another department or
8                   organisation; or
9              (e) an officer of another department or an employee of an
10                  organisation; or
11              (f) any other person or body (whether incorporated or not),
12            any power or duty of the Minister under another provision of
13            this Act.
14      (2)   The delegation must be in writing signed by the Minister.
15      (3)   A person to whom a power or duty is delegated under
16            subsection (1)(b), (e) or (f) cannot delegate that power or duty.
17      (4)   A delegation under subsection (1)(c) may expressly authorise
18            the other Minister to further delegate the power or duty but only
19            to an officer or employee of a department or organisation
20            administered by the other Minister.
21      (5)   A delegation under subsection (1)(a) or (d) may expressly
22            authorise the delegate to further delegate the power or duty but
23            only to an officer or employee of the department or
24            organisation.
25      (6)   A person exercising or performing a power or duty that has been
26            delegated to the person under, or as authorised under, this
27            section is to be taken to do so in accordance with the terms of
28            the delegation unless the contrary is shown.




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     Part 10        Administration
     Division 3     General matters
     s. 213



1       (7)     Nothing in this section limits the ability of --
2                (a) the Minister to perform a function through an officer or
3                      agent; or
4                (b) a Minister or employing authority to whom a power or
5                      duty is delegated under this section from exercising that
6                      power or performing that duty through an officer or
7                      agent.
8       (8)     In this section, employing authority and organisation each have
9               the meaning given to them in the Public Sector Management
10              Act 1994 section 3(1).

11   213.       Delegation by CEO
12      (1)     The CEO may delegate to --
13               (a) another officer of the Department; or
14               (b) the employing authority of another department or
15                    organisation; or
16               (c) an officer of another department or an employee of an
17                    organisation; or
18               (d) any other person or body (whether incorporated or not),
19              any power or duty of the CEO under another provision of this
20              Act.
21      (2)     The delegation must be in writing signed by the CEO.
22      (3)     Except in the case of an officer of the Department, a power or
23              duty can only be delegated to a person or body under
24              subsection (1) if the person or body has been approved, or is in
25              a class of person or body approved, by the Minister for the
26              purposes of this section.
27      (4)     A person to whom a power or duty is delegated under
28              subsection (1)(a), (c) or (d) cannot delegate that power or duty.
29      (5)     A delegation under subsection (1)(b) may expressly authorise
30              the delegate to further delegate the power or duty but only to an
31              officer or employee of the department or organisation.

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                                                 Administration       Part 10
                                                General matters    Division 3
                                                                        s. 214



1       (6)   A person or body exercising or performing a power or duty that
2             has been delegated to the person or body under, or as authorised
3             under, this section is to be taken to do so in accordance with the
4             terms of the delegation unless the contrary is shown.
5       (7)   Nothing in this section limits the ability of --
6              (a) the CEO to perform a function through an officer or
7                    agent; or
8              (b) an employing authority to whom a power or duty is
9                    delegated under this section from exercising that power
10                   or performing that duty through an officer or agent.
11      (8)   In this section, employing authority and organisation each have
12            the meaning given to them in the Public Sector Management
13            Act 1994 section 3(1).

14   214.     Information sharing
15      (1)   In this section --
16            authorised officer means an officer designated under
17            subsection (2);
18            guidelines means guidelines issued under subsection (7);
19            information sharing agency means any of the following --
20              (a) the Department;
21              (b) the department principally assisting in the administration
22                     of the Conservation and Land Management Act 1984;
23              (c) the department principally assisting in the administration
24                     of the Environmental Protection Act 1986;
25              (d) the department principally assisting in the administration
26                     of the Government Agreements Act 1979;
27              (e) the department principally assisting in the administration
28                     of the Health Act 1911;
29               (f) the department principally assisting in the administration
30                     of the Mining Act 1978;



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     Division 3     General matters
     s. 214



1                (g)    the department principally assisting in the administration
2                       of the Waterways Conservation Act 1976;
3                 (h) a water corporation;
4                  (i) the Authority;
5                  (j) a public authority, or an agency or instrumentality of the
6                       Commonwealth, prescribed for the purposes of this
7                       definition;
8               officer, in relation to an information sharing agency, means an
9               officer or employee in or of the agency;
10              privileged means privileged because of legal professional
11              privilege or public interest privilege;
12              relevant information means information relevant to the
13              administration or enforcement of this Act, other than privileged
14              information.
15      (2)     The CEO may designate an officer of the Department as an
16              authorised officer for the purposes of this section.
17      (3)     An officer of the Department may, in accordance with the
18              guidelines, disclose relevant information to --
19                (a) another officer of the Department; or
20               (b) an officer of another information sharing agency.
21      (4)     An authorised officer may, in accordance with the guidelines,
22              request a public authority that holds relevant information to
23              disclose the information to the authorised officer.
24      (5)     Information may be disclosed under subsection (3), or in
25              compliance with a request under subsection (4), despite any law
26              of the State relating to secrecy or confidentiality.
27      (6)     If information is disclosed, in good faith, under subsection (3),
28              or in compliance with a request under subsection (4) --
29                 (a) no civil or criminal liability is incurred in respect of the
30                      disclosure; and



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                                                 Administration       Part 10
                                                General matters    Division 3
                                                                        s. 215



1              (b)    the disclosure is not to be regarded as a breach of any
2                     duty of confidentiality or secrecy imposed by law; and
3               (c)   the disclosure is not to be regarded as a breach of
4                     professional ethics or standards or as unprofessional
5                     conduct.
6       (7)   The CEO must issue guidelines as to the disclosure of
7             information under subsection (3) and the requesting of
8             information under subsection (4).
9       (8)   The regulations may include provisions about --
10             (a) receiving and storing information disclosed for the
11                   purposes of this Act; and
12             (b) restricting access to such information.

13   215.     Confidentiality of information
14      (1)   In this section --
15            confidential information means information that has not been
16            made public and that --
17              (a) is by its nature confidential; or
18              (b) was specified to be confidential by the person who
19                     supplied it; or
20              (c) is known by the person using or disclosing it to be
21                     confidential.
22      (2)   A person who misuses confidential information obtained by
23            reason of any function that person has, or at any time had, in the
24            administration of this Act commits an offence.
25            Penalty: a fine of $12 000 and imprisonment for one year.
26      (3)   A person misuses confidential information if it is, directly or
27            indirectly, recorded, used or disclosed to another person, other
28            than --
29              (a) in the course of duty; or
30              (b) under this Act or any other written law; or


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     Part 10        Administration
     Division 3     General matters
     s. 215



1                (c)    with the written permission of the CEO; or
2                (d)    for the purposes of the investigation of any suspected
3                       offence or the conduct of proceedings against any
4                       person for an offence; or
5                 (e)   for the purposes of any other legal proceedings arising
6                       out of the administration of this Act; or
7                 (f)   with the consent of the person or persons to whom the
8                       information relates; or
9                (g)    in prescribed circumstances.
10      (4)     This section is not to be taken to prevent the disclosure of
11              statistical or other information that could not reasonably be
12              expected to lead to the identification of any person to whom it
13              relates.
14      (5)     If information is lawfully disclosed under this section, this
15              section does not prevent the further disclosure of the
16              information, or the recording or use of the information, for the
17              purpose for which the disclosure was made.




     page 174
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                                                   Miscellaneous        Part 11

                                                                           s. 216



1                        Part 11 -- Miscellaneous
2    216.     Relationship of this Act to Rights in Water and Irrigation
3             Act 1914 and Health Act 1911
4       (1)   The performance by the Minister, the Authority or a licensee of
5             a function conferred or imposed under this Act is subject to the
6             provisions of the Rights in Water and Irrigation Act 1914 and
7             such a function, or the conferral or imposition of such a
8             function, does not have effect, for the purposes of that Act, as a
9             right or an authorisation under this Act.
10      (2)   If a local government is authorised by a licence to provide a
11            water service, the provisions of the Health Act 1911 Part IV do
12            not apply to the local government in relation to the provision of
13            the water service except to the extent to which they are
14            additional to and not inconsistent with the provisions of this
15            Act.

16   217.     Licences not personal property for the purposes of the
17            Personal Property Securities Act 2009 (Commonwealth)
18            If a licence is transferable by the licensee as described in the
19            definition of licence in the Personal Property Securities
20            Act 2009 (Commonwealth) section 10, the licence is declared
21            not to be personal property for the purposes of that Act.

22   218.     Liability of certain persons for damage caused in exercise of
23            powers
24      (1)   In this section --
25            responsible person means the Minister, the Authority, the CEO
26            or a licensee.
27      (2)   In the exercise or purported exercise of a power under this Act,
28            a responsible person is to ensure, to the extent practicable,
29            that --
30              (a) the free use of any place is not obstructed; and



                                                                        page 175
     Water Services Bill 2011
     Part 11        Miscellaneous

     s. 219



1                (b)    as little harm or inconvenience is caused and as little
2                       damage is done as is possible.
3       (3)     If any physical damage is done to any place or other thing in the
4               exercise or purported exercise of a works power or a power of
5               entry, by or on behalf of a responsible person, the responsible
6               person must --
7                  (a) ensure that the damage is made good, to the extent that it
8                       is practicable to do so; and
9                 (b) to the extent that it is not practicable to do so, pay
10                      compensation to the person suffering loss from the
11                      damage.
12      (4)     Any dispute as to the manner of making good the physical
13              damage, or as to the amount of any compensation paid or
14              payable, may be referred to the State Administrative Tribunal
15              and dealt with as if it had come before the Tribunal under the
16              Land Administration Act 1997 Part 10.

17   219.       Immunity from liability for certain official actions
18      (1)     In this section --
19              official means --
20                (a) the Minister; or
21                (b) the CEO; or
22                (c) an inspector designated by the CEO; or
23                (d) a compliance officer; or
24                (e) a person employed in the Department.
25      (2)     An action in tort does not lie against an official for anything that
26              the official has done in that capacity, in good faith, in the
27              performance or purported performance of a function under this
28              Act.
29      (3)     Subsection (2) does not apply to the exercise or purported
30              exercise of a works power.



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                                                   Miscellaneous        Part 11

                                                                            s. 220



1       (4)   The State is also relieved of any liability that it might otherwise
2             have had for another person having done anything as described
3             in subsection (2).
4       (5)   For the purposes of subsection (2), the reference to an official
5             includes a reference to a person authorised by an official under
6             section 179 if the person assists in the exercise of the power and
7             takes the action referred to in section 179(1) in accordance with
8             section 179(2).
9       (6)   The protection given by subsection (2) applies even though a
10            thing done as described in that subsection may have been
11            capable of being done whether or not this Act had been enacted.
12      (7)   In this section, a reference to the doing of anything includes a
13            reference to an omission to do anything.

14   220.     Limitation of liability for certain actions
15      (1)   In this section --
16            authorised person means --
17              (a) a person authorised by the Authority for the purposes of
18                     a provision of Part 2; or
19              (b) a person authorised by a licensee or the CEO for the
20                     purposes of a provision of Part 5; or
21              (c) a person authorised by a licensee for the purposes of
22                     Part 6; or
23              (d) an individual acting on behalf of an authorised person
24                     (who may or may not be an individual) referred to in
25                     paragraph (a), (b) or (c).
26      (2)   None of the following, the State, the Minister, the Authority, a
27            licensee, an authorised person, are liable for any losses, damage
28            or injury resulting from --
29               (a) the placing of water service works or other similar
30                    things on land; or
31              (b) the provision of water service works that are a part of
32                    land; or

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     Part 11        Miscellaneous

     s. 220



1                 (c)   the exercise or purported exercise of a power under this
2                       Act,
3               unless --
4                (d) the damage is of the kind referred to in section 218; or
5                 (e) the person placing or providing the works or things was
6                      negligent in the placing or provision of them; or
7                 (f) the person exercising or purporting to exercise the
8                      power was negligent in the exercise or purported
9                      exercise of the power; or
10               (g) the liability arises under the Land Administration
11                     Act 1997 Part 10.
12      (3)     None of the following persons are liable for any losses, damage
13              or injury resulting from the installation, removal, repair or
14              maintenance of a fire hydrant unless the person was acting in
15              bad faith --
16                (a) a licensee;
17                (b) a person authorised by a licensee for the purposes of
18                      Part 5 or 6;
19                (c) an individual acting on behalf of a person (who may or
20                      may not be an individual) referred to in paragraph (b).
21      (4)     Subsections (2) and (3) do not apply in relation to any rights or
22              liabilities arising under a contract.
23      (5)     For the purposes of this section, references to an authorised
24              person include references to a person authorised by an
25              authorised person under section 179 if the person assists in the
26              exercise of the power and takes the action referred to in
27              section 179(1) in accordance with section 179(2).
28      (6)     In this section --
29                (a) a reference to losses, damage or injury includes a
30                       reference to loss of enjoyment or amenity value and to a
31                       change in the aesthetic environment; and


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                                                                            s. 221



1              (b)    a reference to liability resulting from taking an action
2                     includes a reference to liability resulting from a failure
3                     to take that action.
4       (7)   The limitation of liability provided by this section applies even
5             though a thing done as described in this section may have been
6             capable of being done whether or not this Act had been enacted.

7    221.     Infringement notices and the Criminal Procedure Act 2004
8       (1)   If this Act is a prescribed Act for the purposes of the Criminal
9             Procedure Act 2004 Part 2, this section applies in relation to the
10            issuing of an infringement notice under that Part in relation to
11            an alleged offence under this Act that relates to restricting the
12            use of water or that is prescribed for the purposes of this section.
13      (2)   The person on whom the notice is served may, within 28 days
14            after the date of the notice, inform an authorised officer
15            specified in the notice that the person is not the person
16            responsible for the commission of the alleged offence and give
17            the officer --
18              (a) the name and address of the person responsible for the
19                    commission of the alleged offence; or
20              (b) information showing that the person could not be
21                    reasonably expected to know who is responsible for the
22                    commission of the alleged offence.
23      (3)   If the person on whom the notice is served complies with
24            subsection (2), an approved officer must decide whether or not
25            to withdraw the notice under the Criminal Procedure Act 2004
26            section 15.
27      (4)   If the notice is not withdrawn, the approved officer must advise
28            the person of the decision.
29      (5)   If the notice is withdrawn, an authorised officer may, under the
30            Criminal Procedure Act 2004 Part 2, issue an infringement
31            notice in relation to the alleged offence to another person,



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     s. 222



1               within 21 days after the day on which the person on whom the
2               original notice was served complies with subsection (2).
3       (6)     The Criminal Procedure Act 2004 Part 2 is modified to the
4               extent necessary to give effect to this section.
5       (7)     If a term is given a meaning in the Criminal Procedure
6               Act 2004 Part 2, it has the same meaning in this section.

7    222.       Regulations
8       (1)     The Governor may make regulations prescribing all matters that
9               are required or permitted by this Act to be prescribed, or are
10              necessary or convenient to be prescribed for giving effect to the
11              purposes of this Act.
12      (2)     The regulations may --
13               (a) provide for the imposition, determination and payment
14                     of fees under this Act, including, without limiting the
15                     Interpretation Act 1984 sections 43, 45 and 45A, the
16                     following --
17                        (i) the time at which, or the periods for or during
18                             which, fees are to be paid;
19                       (ii) the structure of fees;
20                      (iii) the basis on which a fee is to be calculated;
21                      (iv) interest on unpaid fees;
22                       (v) penalties for late payment or underpayment of
23                             fees;
24                      (vi) recovery of fees;
25                     (vii) refunding of fees;
26               (b) without limiting paragraph (a), for a licence, approval or
27                     exemption granted under this Act (an authorisation) --
28                        (i) prescribe fees that are payable before or when
29                             the authorisation is granted, issued or given and
30                             fees that are payable at specified intervals or in



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                                                                s. 222



1                   specified circumstances during the currency of
2                   the authorisation; and
3            (ii) provide for the authorisation to cease to have
4                   effect if a fee is not paid in accordance with the
5                   regulations;
6    (c)   in respect of fees and charges, deal with exemptions,
7          discounts, rebates and concessions to be made available
8          to customers;
9    (d)   provide for the protection of, and access to, water
10         service works of licensees;
11   (e)   provide for the prevention or remedying of the waste,
12         misuse, undue consumption, fouling or contamination of
13         water;
14   (f)   provide for notice of plumbing work (as defined in the
15         Plumbers Licensing Act 1995 section 59I) to be given to
16         licensees;
17   (g)   prohibit, impose restrictions on or otherwise regulate the
18         use of water, including by authorising the making of
19         orders by the Minister that impose water use restrictions
20         provided for in the regulations;
21   (h)   provide for the estimation or calculation of the quantity
22         or quality of water or wastewater if the quantity or
23         quality cannot be, or was not, measured or measured
24         properly;
25   (i)   deal with applications for and relating to licences,
26         exemptions, approvals and declarations under this Act;
27   (j)   deal with giving notices and other instruments and
28         documents under this Act;
29   (k)   provide for appeals from, or the review of, decisions
30         under this Act, including by providing for applications
31         to be made to the State Administrative Tribunal for the
32         review of such decisions;
33   (l)   in relation to specified provision of the regulations,
34         provide for licensees to be able to give a compliance

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1                     notice to a person in relation to a failure to comply with
2                     such provisions, and, for that purpose, the regulations
3                     may make the same or similar provision as is made by
4                     section 119;
5               (m)   declare a provision of this Act to be a Corporations
6                     legislation displacement provision for the purposes of
7                     the Corporations Act 2001 (Commonwealth) section 5G
8                     (either generally or specifically in relation to a provision
9                     to which Part 1.1A of that Act applies);
10              (n)   declare a matter dealt with, provided for, done or
11                    occurring under this Act or the regulations to be an
12                    excluded matter for the purposes of the Corporations
13                    Act 2001 (Commonwealth) section 5F in relation to --
14                       (i) the whole of the Corporations legislation to
15                            which the Corporations Act 2001
16                            (Commonwealth) Part 1.1A applies; or
17                      (ii) a specified provision of that legislation; or
18                     (iii) that legislation other than a specified provision;
19                            or
20                     (iv) that legislation other than to a specified extent;
21              (o)   declare a matter dealt with, provided for, done or
22                    occurring under this Act or the regulations to be an
23                    excluded matter for the purposes of the Personal
24                    Property Securities Act 2009 (Commonwealth)
25                    section 259 in relation to --
26                       (i) the whole of that Act (which, for the purposes of
27                            this paragraph, includes instruments made under
28                            that Act); or
29                      (ii) a specified provision of that Act; or
30                     (iii) that Act other than a specified provision; or
31                     (iv) that Act other than to a specified extent;
32              (p)   provide that contravention of a provision of the
33                    regulations is an offence;


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                                                                        s. 222



1           (q)    provide, in relation to bodies corporate, for an offence to
2                  be punishable on conviction by the imposition of a fine
3                  not exceeding $10 000 and, if the contravention is of a
4                  continuing nature, a daily penalty not exceeding $2 000;
5            (r)   provide, in relation to individuals, for an offence to be
6                  punishable on conviction by the imposition of a fine not
7                  exceeding $5 000;
8            (s)   provide for the imposition of a minimum fine for an
9                  offence;
10           (t)   relate the level of a fine to --
11                   (i) the circumstances or extent of the offence; or
12                  (ii) whether the offender has committed previous
13                         offences and, if so, the number of previous
14                         offences that the offender has committed.
15   (3)   The regulations may adopt the text of any published document
16         specified in the regulations --
17           (a) as that text exists at a particular date; or
18           (b) as that text may from time to time be amended.
19   (4)   The text may be adopted --
20          (a) wholly or in part; and
21          (b) as modified by the regulations.
22   (5)   The adoption may be direct (by reference made in the
23         regulations), or indirect (by reference made in any text that is
24         itself directly or indirectly adopted).
25   (6)   The adoption of text is of no effect unless --
26          (a) the adopted text; and
27          (b) the amendments to the text or the text as amended (if
28                relevant),
29         can at all reasonable times be inspected or purchased by the
30         public.



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1    223.       Notes in the text
2               A note included in this Act is explanatory and is not part of this
3               Act.

4    224.       Review of Act
5       (1)     The Minister must carry out a review of the operation and
6               effectiveness of this Act as soon as is practicable after every 5th
7               anniversary of its commencement, and in the course of that
8               review the Minister must consider and have regard to --
9                 (a) the adequacy of the penalties imposed under this Act;
10                      and
11                (b) any other matters that appear to the Minister to be
12                      relevant to the operation and effectiveness of this Act.
13      (2)     The Minister must prepare a report based on the review carried
14              out under subsection (1) and, as soon as is practicable after the
15              preparation of the report, cause it to be laid before each House
16              of Parliament.

17   225.       Transitional provisions
18              Schedule 1 sets out transitional provisions.




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            Transitional provisions for the commencement of this Act     Division 1
                                                                                 cl. 1



1                  Schedule 1 -- Transitional provisions
2                                                                               [s. 225]

3         Division 1 -- Transitional provisions for the commencement of
4                                    this Act

5                             Subdivision 1 -- Preliminary

6    1.        Terms used
7              In this Schedule --
8              commencement day means the day on which this Act comes into
9              operation;
10             new provision means a provision of this Act;
11             old provision means an enactment repealed by a relevant provision of
12             the Water Services Legislation Amendment and Repeal Act 2011 or
13             amended by a relevant provision of that Act in such a way that it no
14             longer has effect in relation to a matter covered by or under a
15             provision of this Act;
16             relevant provision, of the Water Services Legislation Amendment and
17             Repeal Act 2011, means a provision of that Act except of Part 7 or 10.

18   2.        New provisions that correspond to old provisions
19             A new provision corresponds to an old provision in relation to a
20             matter or thing if the new provision deals with the matter or thing in
21             the same, or substantially the same, way as the old provision deals
22             with the matter or thing.

23   3.        Relationship of this Division to Water Corporations Act 1995
24             Schedule 5 Division 1
25             The operation of a provision of this Division in relation to a matter is
26             displaced to the extent to which a provision of the Water
27             Corporations Act 1995 Schedule 5 Division 1 deals with the matter.




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     Division 1     Transitional provisions for the commencement of this Act
     cl. 4



1                Subdivision 2 -- Application of Interpretation Act 1984

2    4.         Application of Interpretation Act 1984
3         (1)   The provisions of the Interpretation Act 1984 about the repeal of
4               enactments and the substitution of other enactments for those so
5               repealed apply as if the old provisions were repealed by this Act and,
6               for that purpose, a reference to the commencement of the repealing
7               law is to be taken to be a reference to the commencement of this Act.
8         (2)   Despite subclause (1), the Interpretation Act 1984 sections 36(d) (to
9               the extent to which it applies to subsidiary legislation) and 38 do not
10              apply in relation to the old provisions.
11        (3)   This Division does not limit the operation of the Interpretation
12              Act 1984 except to the extent provided for by this clause.
13        (4)   The provisions of Subdivisions 3 and 4 and of the regulations made
14              for the purposes of this Division prevail over the provisions of the
15              Interpretation Act 1984 to the extent of any inconsistency.

16                         Subdivision 3 -- General provisions

17   5.         Continuing effect of licences, exemptions, directions,
18              determinations, notices etc.
19        (1)   A licence, exemption, permit or permission (however described)
20              granted under an old provision and in force immediately before
21              commencement day becomes, on commencement day, if there is a
22              new provision that corresponds to the old provision in relation to that
23              thing, a licence, exemption or approval granted under the new
24              provision.
25        (2)   A direction, determination or notice (however described) given under
26              an old provision and in force immediately before commencement day
27              becomes, on commencement day, if there is a new provision that
28              corresponds to the old provision in relation to that thing, a direction,
29              determination or notice given under the new provision.
30        (3)   On and from commencement day, the terms and conditions of the
31              licence, exemption, permit, permission, direction, determination or
32              notice, are, subject to this Act, the same as the terms and conditions in
33              effect immediately before commencement day.


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                Transitional provisions for the commencement of this Act     Division 1
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1    6.           Completion of things commenced before commencement day
2                 Anything commenced by a person under or for the purposes of an old
3                 provision before commencement day may, if there is a new provision
4                 that corresponds to the old provision in relation to that thing, be
5                 continued by the person on and after commencement day under the
6                 new provision.

7    7.           Continuing effect of things done before commencement day
8         (1)     This clause applies to an act, matter or thing done or omitted to be
9                 done under or for the purposes of an old provision before
10                commencement day by a person, to the extent to which that act,
11                matter or thing has any force or significance on and after
12                commencement day.
13        (2)     The act, matter or thing is, if there is a new provision that corresponds
14                to the old provision in relation to that act, matter or thing, to be taken,
15                on and after commencement day, to have been done or omitted by the
16                person under or for the purposes of the new provision.

17   8.           References to repealed Acts and old provisions
18        (1)     In this clause --
19                repealed Act means an Act repealed by the Water Services Legislation
20                Amendment and Repeal Act 2011.
21        (2)     Unless the context otherwise requires, a reference in a written law or
22                other document or instrument to a repealed Act includes a reference to
23                this Act.
24        (3)     Unless the context otherwise requires, a reference in a written law or
25                other document or instrument to an old provision includes, if there is a
26                new provision that corresponds to the old provision in relation to a
27                matter or thing, a reference to the new provision.

28   9.           Relationship of this Subdivision to other transitional provisions
29                The provisions of Subdivision 4 and of the regulations made for the
30                purposes of this Division prevail over the provisions of this
31                Subdivision to the extent of any inconsistency.




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     Division 1     Transitional provisions for the commencement of this Act
     cl. 10



1                           Subdivision 4 -- Specific provisions

2    10.         Licences and exemptions
3          (1)   An operating licence granted under the Water Services Licensing
4                Act 1995 and in force immediately before commencement day
5                becomes, on commencement day, a licence under section 11 (of this
6                Act) as if granted by the Authority and, subject to this Act, is held on
7                the same terms and conditions as those applicable immediately before
8                commencement day.
9          (2)   An exemption granted under the Water Services Licensing Act 1995
10               and in force immediately before commencement day becomes, on
11               commencement day, an exemption under section 7 (of this Act) as if
12               granted by the Minister and, subject to this Act, applies on the same
13               terms and conditions as those applicable immediately before
14               commencement day.

15   11.         Initial code of conduct under section 27
16         (1)   The Minister, instead of the Authority, must make the initial code of
17               conduct under section 27 and is not required to consult the
18               consultative committee referred to in section 28 in doing so.
19         (2)   Section 27 and the Interpretation Act 1984 section 25 in its
20               application to that section are modified to the extent necessary to
21               enable effect to be given to subclause (1).
22         (3)   A code of conduct made in accordance with this clause is to be taken,
23               for the purposes of this Act, to be a code of conduct made by the
24               Authority under section 27.

25   12.         Initial water services ombudsman scheme
26         (1)   The Minister, instead of the Authority, must --
27                 (a) approve the initial water services ombudsman scheme under
28                      section 65; and
29                 (b)   give the initial approval required for the purposes of
30                       section 66(2)(i).
31         (2)   The provisions of --
32                 (a)   Part 4 Division 2; and


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                 Transitional provisions for the commencement of this Act     Division 1
                                                                                    cl. 13



1                     (b)   the Interpretation Act 1984 section 25 in its application to the
2                           provisions mentioned in paragraph (a),
3                  are modified to the extent necessary to enable effect to be given to
4                  subclause (1).
5          (3)     A scheme approved in accordance with this section is to be taken, for
6                  the purposes of Part 4, to be a scheme approved by the Authority
7                  under Division 2 of that Part.

8    13.           Water service works of licensees
9          (1)     Water service works or other similar things that, immediately before
10                 commencement day, were the property of a licensee --
11                    (a)   become, on commencement day, water service works of the
12                          licensee; and
13                    (b)   are to be taken, on and from commencement day --
14                            (i)   for the purposes of section 162 -- to have been
15                                  placed on land by the licensee in the exercise of a
16                                  works power; or
17                           (ii)   for the purposes of section 163 -- to have been
18                                  provided by the licensee in the exercise of a works
19                                  power.
20         (2)     Subclause (1)(b)(i) applies to the works or things except to the extent
21                 to which the works or things are a part of land, in which case,
22                 subclause (1)(b)(ii) applies.
23         (3)     For the purposes of subclause (1), water service works and other
24                 similar things that were the property of a licensee include (without
25                 limiting that expression) works or things --
26                    (a)   that were property of the licensee under the Water Agencies
27                          (Powers) Act 1984 section 84 (including under that section as
28                          applied by the Water Services Licensing Act 1995 section 45
29                          or the Kambalda Water and Wastewater Facilities (Transfer
30                          to Water Corporation) Act 2004 section 10) or under the
31                          Water Boards Act 1904 section 39; or
32                    (b)   that were vested in the licensee under the Water Agencies
33                          (Powers) Act 1984 section 85, the Water Boards Act 1904
34                          section 36 or 65A, the Country Towns Sewerage Act 1948
35                          section 11 or the Land Drainage Act 1925 section 9.

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1          (4)   Subclause (1) applies to fire hydrants on Crown land or in a road that,
2                immediately before commencement day, were attached to the water
3                service works of a licensee, as if those fire hydrants were property of
4                the licensee at that time.
5          (5)   This clause applies to water service works or other similar things that,
6                immediately before commencement day, were the property of a
7                person who held those works or things for a licensee under an
8                agreement that ensures that the licensee can operate and maintain the
9                works to the extent necessary for the licensee to comply with the
10               licensee's obligations under the licence and this Act, as if --
11                 (a)   the references to a licensee were references to that person;
12                       and
13                 (b)   subclause (1)(a) were omitted.

14   14.         Drainage works of the Water Corporation
15         (1)   This clause applies to --
16                 (a)   main drains and main drainage works that the Water
17                       Corporation had the control and management of under the
18                       Metropolitan Water Authority Act 1982 section 100
19                       immediately before commencement day; and
20                 (b)   drainage works that, immediately before commencement day,
21                       were the property of the Water Corporation under the Water
22                       Agencies (Powers) Act 1984 section 84 and that are shown on
23                       plans identified in regulations made for the purposes of this
24                       paragraph.
25         (2)   The drains and works --
26                 (a) become, on commencement day, water service works of the
27                       Water Corporation; and
28                 (b)   are to be taken, on and from commencement day --
29                          (i)   for the purposes of section 162 -- to have been
30                                placed on land by the Water Corporation in the
31                                exercise of a works power; or
32                         (ii)   for the purposes of section 163 -- to have been
33                                provided by the Water Corporation in the exercise of
34                                a works power.



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                 Transitional provisions for the commencement of this Act     Division 1
                                                                                    cl. 15



1          (3)     Subclause (2)(b)(i) applies to the drains and works except to the
2                  extent to which the works or things are a part of land, in which case,
3                  subclause (2)(b)(ii) applies.

4    15.           Relationship of this Subdivision to transitional regulations
5                  The provisions of the regulations made for the purposes of this
6                  Division prevail over the provisions of this Subdivision to the extent
7                  of any inconsistency.

8                           Subdivision 5 -- Transitional regulations

9    16.           Transitional regulations
10         (1)     The regulations may --
11                    (a)   deal with all matters of a savings or transitional nature arising
12                          as a result of the enactment of this Act and of the Water
13                          Services Legislation Amendment and Repeal Act 2011 (except
14                          Part 7); and
15                    (b)   clarify or vary the provisions of this Division; and
16                    (c)   amend or repeal subsidiary legislation consequentially on the
17                          enactment of this Act and of the Water Services Legislation
18                          Amendment and Repeal Act 2011 (except Part 7); and
19                    (d)   deal with all matters of a savings or transitional nature arising
20                          as a result of subsidiary legislation made under or for the
21                          purposes of an old provision ceasing to have effect because
22                          there is no power to make that subsidiary legislation under
23                          this Act.
24         (2)     Regulations made for the purposes of this clause may --
25                    (a)   provide for the transfer of water service works, or rights in
26                          relation to water service works, to a licensee who,
27                          immediately before commencement day, used those works in
28                          the provision of a water service; and
29                    (b)   deal with the same sorts of matters as those that may be dealt
30                          with by regulations made for the purposes of section 38; and
31                    (c)   be expressed to have effect despite another written law; and




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     cl. 16



1                 (d)   provide that a specified provision of a written law does not
2                       apply, or applies with specified modifications, to or in
3                       relation to a matter.
4       (3)     The power in this clause to amend subsidiary legislation made under
5               another Act does not prevent that legislation from being amended
6               under that Act.
7       (4)     If regulations made for the purposes of this clause provide that a
8               specified state of affairs is to be taken to have existed, or not to have
9               existed, on and from a day that is earlier than the day on which the
10              regulations are published in the Gazette (but not earlier than
11              commencement day), the regulations have effect according to their
12              terms.
13      (5)     If the regulations contain a provision referred to in subclause 0, the
14              provision does not operate so as to --
15                (a)   affect in a manner prejudicial to any person (other than the
16                      State, a public authority or a local government), the rights of
17                      that person existing before the day of publication of those
18                      regulations; or
19                (b)   impose liabilities on any person (other than the State, a public
20                      authority or a local government) in respect of anything done
21                      or omitted to be done before the day of publication of those
22                      regulations.
23      (6)     Regulations made for the purposes of this clause in relation to a
24              matter referred to in subclause (2) must be made within such period as
25              is reasonably and practicably necessary to deal with the savings and
26              transitional matters that arise as a result of the enactment of this Act
27              and of the Water Services Legislation Amendment and Repeal
28              Act 2011.




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                                                                                                  Defined Terms



                                       Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                              Provision(s)
activity of a person ........................................................................................ 85(2)
agent ................................................................................................197(1), 197(3)
alternative water service charge................................................................... 128(1)
analysis ........................................................................................................ 202(1)
approved analyst .......................................................................................... 202(1)
approved scheme ................................................................................................63
area associated with a dwelling ....................................................................... 3(1)
asset holder .................................................................................................... 38(1)
assets.............................................................................................................. 38(1)
authorisation ....................................................................... 201(1), 203(1), 222(2)
authorised officer ......................................................................................... 214(1)
authorised person ....................................................171(1), 185(3), 190(1), 220(1)
authorising authority.................................................................................... 171(1)
Authority.......................................................................................................... 3(1)
CALM Act land ........................................................................................... 109(9)
CEO ................................................................................................................. 3(1)
charge .............................................................................................................. 3(1)
class ................................................................................................................. 3(1)
code of conduct................................................................................................ 3(1)
code of practice................................................................................................ 3(1)
commencement day ............................................................................. Sch. 1, cl. 1
common property sewer connection ............................................................ 100(1)
complainant ........................................................................................................63
compliance notice ..........................................90(5), 92(7), 104(2), 105(2), 119(1)
compliance officer .................................................................................3(1), 71(1)
compliance purposes.........................................................................................114
conduit ............................................................................................................. 3(1)
confidential information .............................................................................. 215(1)
consultative committee .................................................................................. 28(1)
contractor ..........................................................................................................209
Crown land ...................................................................................................... 3(1)
customer .......................................................................................................... 3(1)
department ....................................................................................................... 3(1)
Department ...................................................................................................... 3(1)
designated area ...................................................................................................50
designating authority ..................................................................... 39, 171(1), 209
development........................................................................................................80
drain............................................................................................................... 71(1)
drainage assets ......................................................................................... 3(1), 108


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Defined Terms



      drainage service ............................................................................................... 3(1)
      drainage works of a licensee.......................................................................... 71(1)
      dwelling ........................................................................................................... 3(1)
      employee................................................................................................198(1), (3)
      employer ................................................................................................198(1), (3)
      employing authority.........................................................................212(8), 213(8)
      engaging in conduct..................................................................................... 199(1)
      exempt works............................................................................................... 132(1)
      exemption ........................................................................................................ 3(1)
      FESA ............................................................................................................. 71(1)
      fire district ..................................................................................................... 71(1)
      fittings............................................................................................................ 71(1)
      fixtures........................................................................................................... 71(1)
      former licensee .............................................................................................. 35(1)
      general works............................................................................................... 132(1)
      guidelines..................................................................................................... 214(1)
      information sharing agency ......................................................................... 214(1)
      informed consent ......................................................................................... 171(1)
      infrastructure.................................................................................................. 85(2)
      infrastructure contribution ...................................................... 71(1), 85(1), 128(1)
      inspection purposes.............................................................................................39
      inspector .................................................................................................... 3(1), 39
      interest ..............................................................................................................164
      irrigation .......................................................................................................... 3(1)
      irrigation service .............................................................................................. 3(1)
      Land Administration Minister ..........................................................................164
      last resort supply plan .........................................................................................50
      licence...................................................................................................... 3(1), 217
      licensee ............................................................................................................ 3(1)
      major works ................................................................................................. 132(1)
      member of a licensee ....................................................................................... 3(1)
      meter ................................................................................................................ 3(1)
      mobile home .................................................................................................... 3(1)
      new provision ...................................................................................... Sch. 1, cl. 1
      non-standard water service ............................................................................ 74(5)
      occupier .........................................................3(1), 101(1), 129(1), 130(5), 171(1)
      offence provision ......................................................................................... 194(1)
      officer ..............................................................................................196(1), 214(1)
      official.......................................................................................................... 219(1)
      old provision ........................................................................................ Sch. 1, cl. 1
      operate ............................................................................................................. 3(1)
      operating area .................................................................................................. 3(1)
      organisation .....................................................................................212(8), 213(8)
      owner ............................................................................................................... 3(1)
      place................................................................................................................. 3(1)

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                                                                                                  Defined Terms



Planning Minister ............................................................................................ 3(1)
prescribed ........................................................................................................ 3(1)
prescribed fee................................................................................................... 3(1)
principal.................................................................................... 197(1), (3), 199(6)
privileged ..................................................................................................... 214(1)
property........................................................................................................ 100(1)
property connection ...............................................................................3(1), 71(1)
property connection point .............................................................................. 71(1)
property drainage connection ........................................................................ 71(1)
property sewer connection ............................................................................. 71(1)
property water supply connection.................................................................. 71(1)
proposal ....................................................................................................... 132(1)
provide............................................................................................................. 3(1)
public authority................................................................................................ 3(1)
public sector employee ................................................................................ 208(1)
public work .......................................................................................................164
quality/quantity charge .................................................................................. 71(1)
reasonably suspects.......................................................................................... 3(1)
rectification notice ......................................................................................... 31(1)
Registrar ............................................................................................76(1), 128(1)
relevant information .................................................................................... 214(1)
relevant interest............................................................................................ 165(1)
relevant provision ................................................................................ Sch. 1, cl. 1
remote communication .....................................................................................184
repealed Act.................................................................................... Sch. 1, cl. 8(1)
responsible person ....................................................................................... 218(1)
road .................................................................................................................. 3(1)
routine inspection ........................................................................................ 129(1)
routine maintenance..................................................................................... 129(1)
sewer.............................................................................................................. 71(1)
sewerage service .............................................................................................. 3(1)
sewerage works of a licensee......................................................................... 71(1)
specified........................................................................................................... 3(1)
staff member ................................................................................................ 208(1)
standard terms and conditions of service ...............................................3(1), 71(1)
state of mind ................................................................................................ 199(1)
statutory penalty .............................................................................................. 3(1)
statutory water service charge................................................... 3(1), 71(1), 128(1)
subdivision..........................................................................................................80
supplier of last resort ..........................................................................................50
testing work ................................................................................................. 138(3)
trade waste ...........................................................................................3(1), 101(1)
transferee .............................................................................................15(2), 38(2)
Treasurer.......................................................................................................... 3(1)
unallocated Crown land ............................................................................... 159(5)

                                                                                                            page 195
Water Services Bill 2011



Defined Terms



      wastewater ....................................................................................................... 3(1)
      wastewater inlet ............................................................................................. 71(1)
      water corporation............................................................................................. 3(1)
      Water Corporation ........................................................................................... 3(1)
      Water Resources Minister................................................................................ 3(1)
      water service .................................................................................................... 3(1)
      water service charge ..............................................................................3(1), 71(1)
      water service reserve...................................................................................... 88(4)
      water service works ................................................................................. 3(1), 157
      water service works of a licensee .................................................................... 3(1)
      water services ombudsman ...................................................................... 63, 65(1)
      water supply service ........................................................................................ 3(1)
      water supply works of a licensee ................................................................... 71(1)
      works holding body ....................................................................................... 37(1)
      works plans .................................................................................................. 158(1)
      works power .................................................................................................... 3(1)




 


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