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This is a Bill, not an Act. For current law, see the Acts databases.
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 page ii Water Services Bill 2011 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 page iii 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 page iv Water Services Bill 2011 Contents 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 page v Water Services Bill 2011 Contents 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 page vi Water Services Bill 2011 Contents 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 page vii 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 page viii 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 page ix 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 page x Water Services Bill 2011 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) page 9 Water Services Bill 2011 Part 2 Licensing of water service providers 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 page 10 Water Services Bill 2011 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. page 11 Water Services Bill 2011 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; page 12 Water Services Bill 2011 Licensing of water service providers Part 2 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; page 13 Water Services Bill 2011 Part 2 Licensing of water service providers 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 page 14 Water Services Bill 2011 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. page 15 Water Services Bill 2011 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. page 16 Water Services Bill 2011 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. page 17 Water Services Bill 2011 Part 2 Licensing of water service providers 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. page 18 Water Services Bill 2011 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 Water Services Bill 2011 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 page 20 Water Services Bill 2011 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 page 21 Water Services Bill 2011 Part 2 Licensing of water service providers 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 page 22 Water Services Bill 2011 Licensing of water service providers Part 2 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. page 23 Water Services Bill 2011 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; page 24 Water Services Bill 2011 Licensing of water service providers Part 2 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 page 25 Water Services Bill 2011 Part 2 Licensing of water service providers 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 page 26 Water Services Bill 2011 Licensing of water service providers Part 2 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 page 27 Water Services Bill 2011 Part 2 Licensing of water service providers 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 page 28 Water Services Bill 2011 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 page 29 Water Services Bill 2011 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 page 30 Water Services Bill 2011 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). page 31 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 page 32 Water Services Bill 2011 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). page 33 Water Services Bill 2011 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; page 34 Water Services Bill 2011 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 page 35 Water Services Bill 2011 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. page 36 Water Services Bill 2011 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. page 38 Water Services Bill 2011 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. page 44 Water Services Bill 2011 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 Water Services Bill 2011 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 Water Services Bill 2011 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. page 60 Water Services Bill 2011 Water services Part 5 Provision of water services generally Division 2 s. 77 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. page 61 Water Services Bill 2011 Part 5 Water services Division 2 Provision of water services generally s. 78 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 page 62 Water Services Bill 2011 Water services Part 5 Development and building control, and infrastructure Division 3 contributions s. 80 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. page 63 Water Services Bill 2011 Part 5 Water services Division 3 Development and building control, and infrastructure contributions s. 82 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 page 64 Water Services Bill 2011 Water services Part 5 Development and building control, and infrastructure Division 3 contributions s. 83 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. page 65 Water Services Bill 2011 Part 5 Water services Division 3 Development and building control, and infrastructure contributions s. 83 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. page 66 Water Services Bill 2011 Water services Part 5 Development and building control, and infrastructure Division 3 contributions s. 83 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 page 67 Water Services Bill 2011 Part 5 Water services Division 3 Development and building control, and infrastructure contributions s. 84 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. page 68 Water Services Bill 2011 Water services Part 5 Development and building control, and infrastructure Division 3 contributions s. 85 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. page 69 Water Services Bill 2011 Part 5 Water services Division 3 Development and building control, and infrastructure contributions s. 86 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) page 70 Water Services Bill 2011 Water services Part 5 Development and building control, and infrastructure Division 3 contributions s. 87 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. page 71 Water Services Bill 2011 Part 5 Water services Division 4 Protection of works, fittings and fixtures s. 88 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. page 72 Water Services Bill 2011 Water services Part 5 Protection of works, fittings and fixtures Division 4 s. 89 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; page 73 Water Services Bill 2011 Part 5 Water services Division 4 Protection of works, fittings and fixtures s. 90 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 page 74 Water Services Bill 2011 Water services Part 5 Protection of works, fittings and fixtures Division 4 s. 90 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. page 75 Water Services Bill 2011 Part 5 Water services Division 4 Protection of works, fittings and fixtures s. 91 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. page 76 Water Services Bill 2011 Water services Part 5 Protection of works, fittings and fixtures Division 4 s. 92 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 page 77 Water Services Bill 2011 Part 5 Water services Division 4 Protection of works, fittings and fixtures s. 92 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; page 78 Water Services Bill 2011 Water services Part 5 Water supply services Division 5 s. 93 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 page 79 Water Services Bill 2011 Part 5 Water services Division 5 Water supply services s. 95 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. page 80 Water Services Bill 2011 Water services Part 5 Water supply services Division 5 s. 96 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 page 81 Water Services Bill 2011 Part 5 Water services Division 5 Water supply services s. 96 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; page 82 Water Services Bill 2011 Water services Part 5 Sewerage services Division 6 s. 97 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. page 83 Water Services Bill 2011 Part 5 Water services Division 6 Sewerage services s. 99 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 page 84 Water Services Bill 2011 Water services Part 5 Sewerage services Division 6 s. 100 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. page 85 Water Services Bill 2011 Part 5 Water services Division 6 Sewerage services s. 101 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. page 86 Water Services Bill 2011 Water services Part 5 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). page 87 Water Services Bill 2011 Part 5 Water services Division 6 Sewerage services s. 105 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 page 88 Water Services Bill 2011 Water services Part 5 Sewerage services Division 6 s. 106 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 page 89 Water Services Bill 2011 Part 5 Water services Division 6 Sewerage services s. 107 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. page 90 Water Services Bill 2011 Water services Part 5 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. page 91 Water Services Bill 2011 Part 5 Water services Division 7 Drainage services s. 109 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. page 92 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 Water Services Bill 2011 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 Water Services Bill 2011 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. page 98 Water Services Bill 2011 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 Water Services Bill 2011 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 Water Services Bill 2011 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 Water Services Bill 2011 Water services Part 5 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 Water Services Bill 2011 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 Water Services Bill 2011 Part 5 Water services 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 page 106 Water Services Bill 2011 Water services Part 5 Fees and charges for water services Division 9 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. page 107 Water Services Bill 2011 Part 5 Water services Division 9 Fees and charges for water services s. 125 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 page 108 Water Services Bill 2011 Water services Part 5 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 Water Services Bill 2011 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. page 110 Water Services Bill 2011 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. page 111 Water Services Bill 2011 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 page 112 Water Services Bill 2011 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. page 113 Water Services Bill 2011 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. page 114 Water Services Bill 2011 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; page 115 Water Services Bill 2011 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. page 116 Water Services Bill 2011 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 page 117 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 page 118 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 page 119 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. page 120 Water Services Bill 2011 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 page 122 Water Services Bill 2011 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 page 123 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. page 124 Water Services Bill 2011 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). page 125 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. 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) page 126 Water Services Bill 2011 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); page 127 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 page 128 Water Services Bill 2011 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. page 129 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. 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. page 130 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 page 131 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 page 132 Water Services Bill 2011 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 page 133 Water Services Bill 2011 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. page 134 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 Water Services Bill 2011 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. page 136 Water Services Bill 2011 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 page 138 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. page 140 Water Services Bill 2011 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 Water Services Bill 2011 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 Water Services Bill 2011 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. page 144 Water Services Bill 2011 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. page 146 Water Services Bill 2011 Entry for performance of functions Part 8 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 page 147 Water Services Bill 2011 Part 8 Entry for performance of functions Division 3 Warrants to enter s. 187 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 page 148 Water Services Bill 2011 Entry for performance of functions Part 8 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. page 149 Water Services Bill 2011 Part 8 Entry for performance of functions 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 page 150 Water Services Bill 2011 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 Water Services Bill 2011 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. page 152 Water Services Bill 2011 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 page 153 Water Services Bill 2011 Part 9 Legal proceedings Division 1 Legal proceedings 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 Water Services Bill 2011 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; page 155 Water Services Bill 2011 Part 9 Legal proceedings Division 2 Liability of certain persons s. 196 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). page 156 Water Services Bill 2011 Legal proceedings Part 9 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 page 157 Water Services Bill 2011 Part 9 Legal proceedings Division 2 Liability of certain persons 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). page 158 Water Services Bill 2011 Legal proceedings Part 9 Liability of certain persons Division 2 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 page 159 Water Services Bill 2011 Part 9 Legal proceedings 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 Water Services Bill 2011 Legal proceedings Part 9 Evidentiary provisions Division 3 s. 201 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 page 161 Water Services Bill 2011 Part 9 Legal proceedings 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. page 162 Water Services Bill 2011 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 page 163 Water Services Bill 2011 Part 9 Legal proceedings 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 page 164 Water Services Bill 2011 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. page 165 Water Services Bill 2011 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); page 166 Water Services Bill 2011 Administration Part 10 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. page 167 Water Services Bill 2011 Part 10 Administration 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. page 168 Water Services Bill 2011 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. page 169 Water Services Bill 2011 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. page 170 Water Services Bill 2011 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; page 171 Water Services Bill 2011 Part 10 Administration 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 page 172 Water Services Bill 2011 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 page 173 Water Services Bill 2011 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 Water Services Bill 2011 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. page 176 Water Services Bill 2011 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 page 177 Water Services Bill 2011 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 page 178 Water Services Bill 2011 Miscellaneous Part 11 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, page 179 Water Services Bill 2011 Part 11 Miscellaneous 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 page 180 Water Services Bill 2011 Miscellaneous Part 11 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 page 181 Water Services Bill 2011 Part 11 Miscellaneous s. 222 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; page 182 Water Services Bill 2011 Miscellaneous Part 11 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. page 183 Water Services Bill 2011 Part 11 Miscellaneous s. 223 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. page 184 Water Services Bill 2011 Transitional provisions Schedule 1 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. page 185 Water Services Bill 2011 Schedule 1 Transitional provisions 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. page 186 Water Services Bill 2011 Transitional provisions Schedule 1 Transitional provisions for the commencement of this Act Division 1 cl. 6 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. page 187 Water Services Bill 2011 Schedule 1 Transitional provisions 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 page 188 Water Services Bill 2011 Transitional provisions Schedule 1 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. page 189 Water Services Bill 2011 Schedule 1 Transitional provisions Division 1 Transitional provisions for the commencement of this Act cl. 14 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. page 190 Water Services Bill 2011 Transitional provisions Schedule 1 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 page 191 Water Services Bill 2011 Schedule 1 Transitional provisions Division 1 Transitional provisions for the commencement of this Act 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. page 192 Water Services Bill 2011 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 page 193 Water Services Bill 2011 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) page 194 Water Services Bill 2011 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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