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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Water Services Legislation Amendment and
Repeal Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Country Areas Water Supply
Act 1947 amended
3. Act amended 3
4. Long title amended 3
5. Section 5 amended 3
6. Section 6 deleted 3
7. Section 8 deleted 3
8. Section 11 amended 4
9. Section 12A inserted 4
12A. Penalty for diverting or taking water 4
10. Parts IV, V, VI and VII deleted 5
11. Section 105 amended 5
12. Section 108 amended 5
13. Section 111 amended 5
14. Section 112 replaced 5
112. Obstructing Minister, officers or authorised
persons in performance of duty 5
15. Section 113 amended 6
16. Section 115 amended 6
17. Section 116 deleted 6
18. Section 121 amended 6
19. Section 122 deleted 6
201--2 page i
Water Services Legislation Amendment and Repeal Bill 2011
Contents
Part 3 -- Metropolitan Water
Authority Act 1982 amended
20. Act amended 7
21. Long title replaced 7
22. Section 1 amended 7
23. Section 4 amended 7
24. Part IV deleted 8
25. Section 98 amended 8
26. Section 99 amended 9
27. Part IX Divisions 3 and 4 deleted 10
28. Section 106 amended 11
29. Section 107 amended 11
30. Section 108 deleted 12
Part 4 -- Metropolitan Water Supply,
Sewerage, and Drainage Act 1909
amended
31. Act amended 13
32. Section 5 amended 13
33. Section 14 amended 14
34. Section 16 amended 14
35. Part V deleted 14
36. Part VI heading replaced 14
Part VI -- The protection of underground water
37. Part VI Divisions 1 and 2 deleted 14
38. Part VI Division 3 heading deleted 14
39. Section 57B amended 15
40. Part VI Division 4 deleted 15
41. Parts VII and VIII deleted 15
42. Section 146 amended 15
43. Section 148 deleted 15
44. Sections 150 to 152 deleted 15
45. Section 153 amended 15
46. Sections 154 and 155 deleted 16
47. Section 156 replaced 16
156. Obstructing Minister, officers or authorised
persons in performance of duty 16
48. Section 157 amended 16
49. Section 158 amended 16
page ii
Water Services Legislation Amendment and Repeal Bill 2011
Contents
50. Section 158A amended 16
51. Section 159 amended 17
52. Section 161 deleted 17
53. Section 165 amended 17
54. Section 166 deleted 17
55. Schedule 9 deleted 17
Part 5 -- Rights in Water and
Irrigation Act 1914 amended
56. Act amended 18
57. Long title amended 18
58. Section 2 amended 18
59. Section 26GZJ amended 18
60. Section 27 amended 19
61. Section 33 deleted 19
62. Section 35 amended 19
63. Section 36 amended 19
64. Section 37 amended 19
65. Section 38 amended 20
66. Parts VII and X deleted 20
67. Section 63 deleted 20
68. Section 66 amended 20
69. Section 69 amended 20
70. Section 70 amended 20
71. Section 71 amended 20
72. Section 75 deleted 20
73. Section 79A amended 20
74. Schedule 1 Appendix amended 21
Part 6 -- Water Agencies (Powers)
Act 1984 amended
75. Act amended 22
76. Long title amended 22
77. Section 3 amended 22
78. Section 5 amended 23
79. Section 8 amended 23
80. Section 10 amended 23
81. Section 14 amended 24
82. Section 34 amended 24
83. Part III heading replaced 24
page iii
Water Services Legislation Amendment and Repeal Bill 2011
Contents
Part III -- Liability, indemnity etc.
84. Part III Divisions 1A and 2 deleted 24
85. Part III Division 6 heading deleted 25
86. Parts IV and V deleted 25
87. Section 70 amended 25
88. Section 71 amended 25
89. Section 72 amended 25
90. Section 73 amended 26
91. Section 78 amended 26
92. Section 82 amended 27
93. Section 83 amended 27
94. Section 84 amended 27
95. Section 85 deleted 27
96. Section 86 amended 27
97. Section 87 amended 28
98. Section 88 amended 28
99. Section 89 amended 28
100. Section 90 deleted 28
101. Section 91 amended 28
102. Section 95 amended 28
103. Section 97 amended 29
104. Part VIII Divisions 3 and 4 deleted 29
105. Section 103 amended 29
106. Section 106 amended 30
107. Section 111 amended 30
108. Section 112 amended 30
109. Various references to "Corporation" amended 30
Part 7 -- Water Corporation Act 1995
amended
110. Act amended 32
111. Long title amended 32
112. Section 1 amended 32
113. Section 3 amended 32
114. Section 4 amended 34
115. Section 5A inserted 34
5A. Nature of corporations 34
116. Section 6 amended 35
117. Section 7A inserted 35
7A. Dissolution of bodies established by
Governor 35
page iv
Water Services Legislation Amendment and Repeal Bill 2011
Contents
118. Section 7 amended 37
119. Section 10 amended 38
120. Section 13 amended 39
121. Section 15 amended 39
122. Section 20 amended 39
123. Section 21 amended 39
124. Section 22 amended 40
125. Section 23 replaced 41
23. Members of staff, duties imposed 41
126. Section 27 amended 41
127. Section 28A inserted 42
28A. Corporations may act at their discretion 42
128. Section 29 amended 42
129. Section 31 amended 43
130. Section 32 amended 45
131. Section 34 amended 45
132. Section 35 amended 46
133. Section 36 amended 46
134. Part 3 Division 3 heading amended 46
135. Section 38 amended 47
136. Section 40 amended 47
137. Section 42 replaced 48
42. Corporations established by Governor --
first strategic development plan 48
138. Section 43 amended 48
139. Section 45 amended 48
140. Section 46 amended 49
141. Section 47 amended 49
142. Section 48 amended 49
143. Section 51 replaced 50
51. Corporations established by Governor --
first statement of corporate intent 50
144. Section 52 amended 50
145. Section 54 amended 50
146. Section 55 amended 51
147. Section 56 amended 51
148. Section 57 amended 51
149. Section 58 amended 52
150. Section 59 amended 52
151. Section 60 amended 52
152. Section 65 amended 53
153. Section 68 amended 53
page v
Water Services Legislation Amendment and Repeal Bill 2011
Contents
154. Section 69 amended 53
155. Section 72 deleted 53
156. Section 73 amended 53
157. Section 76 amended 54
158. Section 81 amended 54
159. Section 85 amended 55
160. Section 88 amended 56
161. Section 89 amended 57
162. Section 91 amended 57
163. Sections 92, 93 and 94 inserted 57
92. Minister may vest certain land in Water
Corporation and make orders in respect of
certain reserves 57
93. Review of Act 59
94. Transitional provisions 60
164. Schedule 1 clause 1 amended 60
165. Schedule 1 clause 2 amended 60
166. Schedule 1 clause 4 amended 60
167. Schedule 1 clause 5 amended 61
168. Schedule 2 clause 2 amended 61
169. Schedule 2 clause 4 amended 62
170. Schedule 2 clause 5 amended 63
171. Schedule 2 clause 7 amended 63
172. Schedule 2 clause 8 amended 63
173. Schedule 2 clause 12 amended 64
174. Schedule 2 clause 14 amended 64
175. Schedule 3 clause 2 amended 65
176. Schedule 3 clause 6 amended 65
177. Schedule 3 clause 7 amended 65
178. Schedule 3 clause 10 amended 65
179. Schedule 3 clause 13 amended 66
180. Schedule 3 clause 15 amended 66
181. Schedule 3 clause 16 amended 66
182. Schedule 3 clause 20 amended 67
183. Schedule 3 clause 23 amended 67
184. Schedule 3 clause 28 amended 67
185. Schedule 3 clause 31 amended 68
186. Schedule 3 clause 35 amended 68
187. Schedule 4 clause 2 amended 68
188. Schedule 4 clause 4 amended 69
189. Schedule 5 inserted 69
page vi
Water Services Legislation Amendment and Repeal Bill 2011
Contents
Schedule 5 -- Transitional provisions
Division 1 -- Transitional provisions relating to
Water Services Legislation Amendment and
Repeal Act 2011
Subdivision 1 -- Preliminary
1. Terms used 69
2. Application of Interpretation Act 1984 70
Subdivision 2 -- Continuation of former Boards
3. Bunbury Water Board continues 71
4. Busselton Water Board continues 71
5. Members of former Boards 71
6. Operating licences of former Boards 72
7. Supply of water to Water Corporation
under Busselton Water Board (Supply of
Water to Dunsborough) Act 2009 72
Subdivision 3 -- Staff of former Boards
8. Term used: PSM Act 73
9. Transition of employment 73
10. Election as to employment 74
11. Application of PSM Act Part 6 to persons
who make an election 74
12. Arrangements for return to the Public
Sector 75
13. Contracts for services 76
Subdivision 4 -- Provisions as to accountability and
financial provisions
14. Strategic development plans 76
15. Statements of corporate intent 76
16. Financial reporting 77
17. Water Funds 77
18. Payments to the State under Part 5
Division 2 77
Subdivision 5 -- Miscellaneous
19. References to former Boards 78
20. References to repealed Act 78
21. Transitional regulations 78
22. Relationship of provisions of this Division
to transitional regulations 79
190. Other provisions amended 80
Part 8 -- Water Services Licensing
Act 1995 amended
191. Act amended 85
192. Long title amended 85
193. Section 1 amended 85
page vii
Water Services Legislation Amendment and Repeal Bill 2011
Contents
194. Section 3 amended 85
195. Parts 2, 3 and 4 deleted 86
196. Section 62 amended 86
197. Schedules 1 and 2 deleted 86
Part 9 -- Repeals
198. Drainage legislation repealed 87
199. Irrigation legislation repealed 87
200. Sewerage legislation repealed 87
201. Water boards legislation repealed 87
202. Other legislation repealed 88
Part 10 -- Other Acts amended
203. Aboriginal Heritage Act 1972 amended 89
204. Anglican Church of Australia (Diocesan Trustees)
Act 1888 amended 89
205. Building Services (Complaint Resolution and
Administration) Act 2011 amended 90
206. Bulk Handling Act 1967 amended 90
207. Conservation and Land Management Act 1984
amended 90
208. Constitution Acts Amendment Act 1899 amended 91
209. Economic Regulation Authority Act 2003 amended 91
210. Energy Operators (Powers) Act 1979 amended 93
211. Environmental Protection Act 1986 amended 93
212. Financial Management Act 2006 amended 93
213. Fire Brigades Act 1942 amended 94
214. Fluoridation of Public Water Supplies Act 1966
amended 94
215. Hale School Act 1876 amended 95
216. Health Act 1911 amended 95
217. Home Building Contracts Act 1991 amended 95
218. Housing Act 1980 amended 96
219. Kambalda Water and Wastewater Facilities
(Transfer to Water Corporation) Act 2004
amended 96
220. Land Administration Act 1997 amended 97
221. Parliamentary Commissioner Act 1971 amended 97
222. Planning and Development Act 2005 amended 98
223. Presbyterian Church Act 1908 amended 99
224. Public Sector Management Act 1994 amended 99
page viii
Water Services Legislation Amendment and Repeal Bill 2011
Contents
225. Public Works Act 1902 amended 99
226. Rates and Charges (Rebates and Deferments)
Act 1992 amended 100
227. Residential Parks (Long-stay Tenants) Act 2006
amended 101
228. Sentencing Act 1995 amended 102
229. Soil and Land Conservation Act 1945 amended 102
230. State Records Act 2000 amended 102
231. Statutory Corporations (Liability of Directors)
Act 1996 amended 103
232. Strata Titles Act 1985 amended 103
67. Water service charges under the Water
Services Act 2011 103
233. Swan and Canning Rivers Management Act 2006
amended 104
page ix
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Water Services Legislation Amendment and
Repeal Bill 2011
A Bill for
An Act to --
amend the Country Areas Water Supply Act 1947; and
amend the Metropolitan Water Authority Act 1982; and
amend the Metropolitan Water Supply, Sewerage, and Drainage
Act 1909; and
amend the Rights in Water and Irrigation Act 1914; and
amend the Water Agencies (Powers) Act 1984; and
amend the Water Corporation Act 1995; and
amend the Water Services Licensing Act 1995; and
repeal the Country Towns Sewerage Act 1948; and
repeal the Busselton Water Board (Supply of Water to
Dunsborough) Act 2009; and
repeal the Land Drainage Act 1925; and
repeal the Land Drainage (Validation) Act 1996; and
repeal the Water Boards Act 1904; and
repeal certain subsidiary legislation consequentially; and
make consequential amendments to certain Acts,
and for related and incidental purposes.
The Parliament of Western Australia enacts as follows:
page 1
Water Services Legislation Amendment and Repeal Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Water Services Legislation Amendment and Repeal
4 Act 2011.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Water Services Legislation Amendment and Repeal Bill 2011
Country Areas Water Supply Act 1947 amended Part 2
s. 3
1 Part 2 -- Country Areas Water Supply
2 Act 1947 amended
3 3. Act amended
4 This Part amends the Country Areas Water Supply Act 1947.
5 4. Long title amended
6 In the long title delete the passage that begins with "to make"
7 and ends with "areas,".
8 5. Section 5 amended
9 In section 5(1) delete the definitions of:
10 Corporation
11 country water area
12 farm land
13 metropolitan area
14 officer
15 water board
16 Water Boards Act
17 Water Supply Act
18 water supply charge
19 6. Section 6 deleted
20 Delete section 6.
21 7. Section 8 deleted
22 Delete section 8.
page 3
Water Services Legislation Amendment and Repeal Bill 2011
Part 2 Country Areas Water Supply Act 1947 amended
s. 8
1 8. Section 11 amended
2 (1) In section 11(1):
3 (a) delete "Land Drainage Act 1925," and insert:
4
5 Water Services Act 2011,
6
7 (b) delete "the Corporation" and insert:
8
9 a licensee (as defined in the Water Services Act 2011
10 section 3(1))
11
12 (2) In section 11(2) delete "The Corporation" and insert:
13
14 A licensee
15
16 9. Section 12A inserted
17 After section 11 insert:
18
19 12A. Penalty for diverting or taking water
20 Any person who, other than with the authority of the
21 Minister or under another written law, diverts water
22 from any watercourse or source of supply within any
23 catchment area or water reserve or does any act by
24 which the watercourse or source of supply may be
25 diverted or diminished in quantity or injured in quality
26 or purity is guilty of an offence.
27 Penalty:
28 (a) for an individual -- a fine of $10 000;
29 (b) for a body corporate -- a fine of $20 000.
30
page 4
Water Services Legislation Amendment and Repeal Bill 2011
Country Areas Water Supply Act 1947 amended Part 2
s. 10
1 10. Parts IV, V, VI and VII deleted
2 Delete Parts IV, V, VI and VII.
3 11. Section 105 amended
4 Delete section 105(1)(b), (c) and (d).
5 12. Section 108 amended
6 In section 108 delete "Minister or the Corporation," and insert:
7
8 Minister,
9
10 13. Section 111 amended
11 In section 111 delete "or the Corporation".
12 14. Section 112 replaced
13 Delete section 112 and insert:
14
15 112. Obstructing Minister, officers or authorised persons
16 in performance of duty
17 A person who obstructs --
18 (a) the Minister; or
19 (b) an officer of the Department; or
20 (c) a person authorised by the Minister,
21 in the performance of any act or thing which the
22 Minister, officer or person is authorised or required to
23 do in the execution of this Act or any regulation or
24 by-law made for the purposes of this Act commits an
25 offence.
26 Penalty: a fine of $5 000.
27
page 5
Water Services Legislation Amendment and Repeal Bill 2011
Part 2 Country Areas Water Supply Act 1947 amended
s. 15
1 15. Section 113 amended
2 In section 113(1) delete "or the Corporation,".
3 16. Section 115 amended
4 (1) Delete section 115(1) and insert:
5
6 (1) Proceedings for an offence against this Act may only
7 be taken by the Minister or an officer of the
8 Department or a person authorised to do so by the
9 Minister.
10
11 (2) In section 115(3) delete "sections 46 and" and insert:
12
13 section
14
15 17. Section 116 deleted
16 Delete section 116.
17 18. Section 121 amended
18 In section 121 delete "or the chief executive officer of the
19 Corporation".
20 Note: The heading to amended section 121 is to read:
21 Certificate of CEO evidence of certain facts
22 19. Section 122 deleted
23 Delete section 122.
page 6
Water Services Legislation Amendment and Repeal Bill 2011
Metropolitan Water Authority Act 1982 amended Part 3
s. 20
1 Part 3 -- Metropolitan Water Authority
2 Act 1982 amended
3 20. Act amended
4 This Part amends the Metropolitan Water Authority Act 1982.
5 21. Long title replaced
6 Delete the long title and insert:
7
8 An Act to provide for an Arterial Drainage Scheme and the
9 declaration of drainage courses.
10
11 22. Section 1 amended
12 In section 1 delete "Water Authority" and insert:
13
14 Arterial Drainage
15
16 23. Section 4 amended
17 (1) In section 4(1) delete the definitions of:
18 channel
19 Corporation
20 drain
21 drainage area
22 drainage works
23 main drain
24 underground water
25 works
page 7
Water Services Legislation Amendment and Repeal Bill 2011
Part 3 Metropolitan Water Authority Act 1982 amended
s. 24
1 (2) In section 4(1) insert in alphabetical order:
2
3 drainage assets has the meaning given in the Water
4 Services Act 2011 section 108;
5 licensee has the meaning given in the Water Services
6 Act 2011 section 3(1).
7
8 (3) In section 4(1) in the definition of arterial drain:
9 (a) delete "drain" and insert:
10
11 drainage asset
12
13 (b) delete "such" and insert:
14
15 an arterial drain
16
17 (4) Delete section 4(2).
18 24. Part IV deleted
19 Delete Part IV.
20 25. Section 98 amended
21 (1) In section 98(1) delete "the Corporation," and insert:
22
23 all relevant licensees,
24
25 (2) Delete section 98(2)(g) and insert:
26
27 (g) any other matter or thing prescribed by
28 regulations made under the Water Agencies
29 (Powers) Act 1984 for the purposes of this
30 section.
31
page 8
Water Services Legislation Amendment and Repeal Bill 2011
Metropolitan Water Authority Act 1982 amended Part 3
s. 26
1 (3) Delete section 98(3)(a), (b) and (c) and insert:
2
3 (a) the classification of drainage assets as arterial
4 drains; and
5
6 (4) In section 98(4) delete "the Corporation" and insert:
7
8 all relevant licensees
9
10 (5) In section 98(5):
11 (a) delete "works" and insert:
12
13 drainage assets
14
15 (b) delete "the Corporation," and insert:
16
17 relevant licensees,
18
19 (6) In section 98(2) after each of paragraphs (a) to (e) insert:
20
21 and
22
23 26. Section 99 amended
24 (1) In section 99(1):
25 (a) delete "drainage works" and insert:
26
27 drains
28
page 9
Water Services Legislation Amendment and Repeal Bill 2011
Part 3 Metropolitan Water Authority Act 1982 amended
s. 27
1 (b) delete "thereof, or responsibility for particular works"
2 and insert:
3
4 of an arterial drain
5
6 (2) Delete section 99(2).
7 (3) In section 99(4):
8 (a) in paragraph (a) delete "drains" (first and third
9 occurrences) and insert:
10
11 drainage assets
12
13 (b) in paragraph (d) delete "the Corporation" and insert:
14
15 all relevant licensees
16
17 (c) in paragraph (d) delete "drain" (third occurrence) and
18 insert:
19
20 drainage asset
21
22 (d) in paragraph (e) delete "the Corporation" and insert:
23
24 the licensees
25
26 27. Part IX Divisions 3 and 4 deleted
27 Delete Part IX Divisions 3 and 4.
page 10
Water Services Legislation Amendment and Repeal Bill 2011
Metropolitan Water Authority Act 1982 amended Part 3
s. 28
1 28. Section 106 amended
2 (1) In section 106(1):
3 (a) delete "main drain or arterial drain, or proposed main
4 drain or proposed arterial drain," and insert:
5
6 drainage asset or proposed drainage asset,
7
8 (b) delete "works" and insert:
9
10 asset
11
12 (2) In section 106(2)(a) and (c) delete "the Corporation" and insert:
13
14 all relevant licensees
15
16 (3) In section 106(6)(a) delete "drainage works; but" and insert:
17
18 arterial drainage; but
19
20 29. Section 107 amended
21 (1) Delete section 107(1).
22 (2) In section 107(2):
23 (a) delete "may" (first occurrence) and insert:
24
25 must
26
page 11
Water Services Legislation Amendment and Repeal Bill 2011
Part 3 Metropolitan Water Authority Act 1982 amended
s. 30
1 (b) delete "course and may give advice and issue guidelines
2 to the planning authority in accordance with section 66
3 of the Water Agencies (Powers) Act 1984." and insert:
4
5 course.
6
7 (3) In section 107(4) delete "Part IV of the Water Agencies
8 (Powers) Act 1984." and insert:
9
10 the Water Services Act 2011 Part 5 Division 3.
11
12 30. Section 108 deleted
13 Delete section 108.
page 12
Water Services Legislation Amendment and Repeal Bill 2011
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 Part 4
amended
s. 31
1 Part 4 -- Metropolitan Water Supply, Sewerage, and
2 Drainage Act 1909 amended
3 31. Act amended
4 This Part amends the Metropolitan Water Supply, Sewerage,
5 and Drainage Act 1909.
6 32. Section 5 amended
7 (1) In section 5(1) delete the definitions of:
8 aquifer
9 artesian bore
10 Corporation
11 officer
12 prescribed
13 sewerage charge
14 sewerage works
15 water charge
16 water supply charge
17 waterworks
18 (2) In section 5(1) in the definition of watercourse delete "(c);" and
19 insert:
20
21 (c).
22
23 (3) Delete section 5(2).
page 13
Water Services Legislation Amendment and Repeal Bill 2011
Part 4 Metropolitan Water Supply, Sewerage, and Drainage Act 1909
amended
s. 33
1 33. Section 14 amended
2 (1) In section 14(1) delete "the Corporation" and insert:
3
4 a licensee (as defined in the Water Services Act 2011
5 section 3(1))
6
7 (2) In section 14(2) delete "The Corporation" and insert:
8
9 A licensee
10
11 34. Section 16 amended
12 In section 16(c) delete "Act" and insert:
13
14 act
15
16 35. Part V deleted
17 Delete Part V.
18 36. Part VI heading replaced
19 Delete the heading to Part VI and insert:
20
21 Part VI -- The protection of underground water
22
23 37. Part VI Divisions 1 and 2 deleted
24 Delete Part VI Divisions 1 and 2.
25 38. Part VI Division 3 heading deleted
26 Delete the heading to Part VI Division 3.
page 14
Water Services Legislation Amendment and Repeal Bill 2011
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 Part 4
amended
s. 39
1 39. Section 57B amended
2 (1) In section 57B(1)(a) delete "water under this Act;" and insert:
3
4 water;
5
6 (2) In section 57B(3) delete "Act" and insert:
7
8 act
9
10 40. Part VI Division 4 deleted
11 Delete Part VI Division 4.
12 41. Parts VII and VIII deleted
13 Delete Parts VII and VIII.
14 42. Section 146 amended
15 In section 146(1):
16 (a) in paragraph (d) delete "banks;" and insert:
17
18 banks.
19
20 (b) delete paragraphs (e) to (m).
21 43. Section 148 deleted
22 Delete section 148.
23 44. Sections 150 to 152 deleted
24 Delete sections 150 to 152.
25 45. Section 153 amended
26 In section 153 delete "or the Corporation".
page 15
Water Services Legislation Amendment and Repeal Bill 2011
Part 4 Metropolitan Water Supply, Sewerage, and Drainage Act 1909
amended
s. 46
1 46. Sections 154 and 155 deleted
2 Delete sections 154 and 155.
3 47. Section 156 replaced
4 Delete section 156 and insert:
5
6 156. Obstructing Minister, officers or authorised persons
7 in performance of duty
8 A person who obstructs --
9 (a) the Minister; or
10 (b) an officer of the Department; or
11 (c) a person authorised by the Minister,
12 in the performance of any act or thing which the
13 Minister, officer or person is authorised or required to
14 do in the execution of the Metropolitan Arterial
15 Drainage Act 1982 or this Act commits an offence.
16 Penalty: a fine of $5 000.
17
18 48. Section 157 amended
19 In section 157:
20 (a) delete "or the Corporation,";
21 (b) delete "the Metropolitan Water Authority Act 1982 or".
22 49. Section 158 amended
23 In section 158 delete "the Metropolitan Water Authority
24 Act 1982 or".
25 50. Section 158A amended
26 In section 158A delete "the Metropolitan Water Authority
27 Act 1982 or".
page 16
Water Services Legislation Amendment and Repeal Bill 2011
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 Part 4
amended
s. 51
1 51. Section 159 amended
2 Delete section 159(1) and insert:
3
4 (1) Proceedings for an offence against this Act may only
5 be taken by the Minister or an officer of the
6 Department or a person authorised to do so by the
7 Minister.
8
9 52. Section 161 deleted
10 Delete section 161.
11 53. Section 165 amended
12 In section 165 delete "Water Agencies (Powers) Act 1984, the
13 Metropolitan Water Authority Act 1982" and insert:
14
15 Water Agencies (Powers) Act 1984
16
17 54. Section 166 deleted
18 Delete section 166.
19 55. Schedule 9 deleted
20 Delete Schedule 9.
page 17
Water Services Legislation Amendment and Repeal Bill 2011
Part 5 Rights in Water and Irrigation Act 1914 amended
s. 56
1 Part 5 -- Rights in Water and Irrigation
2 Act 1914 amended
3 56. Act amended
4 This Part amends the Rights in Water and Irrigation Act 1914.
5 57. Long title amended
6 In the long title delete "water resources, to provide for
7 irrigation schemes," and insert:
8
9 water resources,
10
11 58. Section 2 amended
12 In section 2(1) delete the definitions of:
13 Corporation
14 irrigation charge
15 officer
16 water charge
17 59. Section 26GZJ amended
18 (1) In section 26GZJ(2) delete "an operating" and insert:
19
20 a water services
21
22 (2) Delete section 26GZJ(3) and insert:
23
24 (3) In subsection (2) --
25 water services licence means a licence under the Water
26 Services Act 2011 that authorises the provision of a
27 water supply service or an irrigation service.
28
page 18
Water Services Legislation Amendment and Repeal Bill 2011
Rights in Water and Irrigation Act 1914 amended Part 5
s. 60
1 60. Section 27 amended
2 (1) Delete section 27(1)(ga) and insert:
3
4 (ga) charges that are to be paid by the holder of a
5 water services licence (as defined in
6 section 26GZJ(3)) in respect of water taken
7 under a licence issued under this Act; and
8
9 (2) In section 27(1) after each of paragraphs (e) to (g) and (h)
10 insert:
11
12 and
13
14 61. Section 33 deleted
15 Delete section 33.
16 62. Section 35 amended
17 In section 35 delete "or the Corporation, or against any officer
18 of the Corporation, or contractor under the Crown or the
19 Corporation," and insert:
20
21 or against any contractor under the Crown,
22
23 63. Section 36 amended
24 (1) In section 36(1) delete "or the Corporation".
25 (2) Delete section 36(2).
26 64. Section 37 amended
27 In section 37 delete "or the Corporation".
page 19
Water Services Legislation Amendment and Repeal Bill 2011
Part 5 Rights in Water and Irrigation Act 1914 amended
s. 65
1 65. Section 38 amended
2 In section 38 delete "or the Corporation" (each occurrence).
3 66. Parts VII and X deleted
4 Delete Parts VII and X.
5 67. Section 63 deleted
6 Delete section 63.
7 68. Section 66 amended
8 In section 66(3) delete "or the Corporation, as the case
9 requires,".
10 69. Section 69 amended
11 In section 69 delete "Crown, the Corporation" and insert:
12
13 Crown
14
15 70. Section 70 amended
16 In section 70:
17 (a) delete "the Corporation," (each occurrence);
18 (b) delete "or the Corporation" (each occurrence).
19 71. Section 71 amended
20 In section 71 delete "or the Corporation,".
21 72. Section 75 deleted
22 Delete section 75.
23 73. Section 79A amended
24 In section 79A delete "or the chief executive officer of the
25 Corporation, as the case requires,".
page 20
Water Services Legislation Amendment and Repeal Bill 2011
Rights in Water and Irrigation Act 1914 amended Part 5
s. 74
1 74. Schedule 1 Appendix amended
2 In Schedule 1 Appendix:
3 (a) in item 1(b) delete "an operating licence under the Water
4 Services Licensing Act 1995." and insert:
5
6 a licence under the Water Services Act 2011.
7
8 (b) in item 10 delete "Commission," and insert:
9
10 Minister or the CEO,
11
page 21
Water Services Legislation Amendment and Repeal Bill 2011
Part 6 Water Agencies (Powers) Act 1984 amended
s. 75
1 Part 6 -- Water Agencies (Powers) Act 1984 amended
2 75. Act amended
3 This Part amends the Water Agencies (Powers) Act 1984.
4 76. Long title amended
5 In the long title delete "powers, to give the Water
6 Corporation powers, to make other provisions in respect of
7 their functions," and insert:
8
9 powers, to make other provisions in respect of the Minister's
10 functions,
11
12 77. Section 3 amended
13 (1) In section 3(1) delete the definitions of:
14 charge
15 Corporation
16 gross rental value
17 local authority
18 officer
19 unimproved value
20 valuation
21 waste
22 (2) In section 3(1) in the definition of statutory authority delete
23 "Minister, the CEO or the Corporation," and insert:
24
25 Minister or the CEO,
26
27 (3) In section 3(1) in the definition of works delete "by the
28 Corporation for the purposes of water services or".
page 22
Water Services Legislation Amendment and Repeal Bill 2011
Water Agencies (Powers) Act 1984 amended Part 6
s. 78
1 78. Section 5 amended
2 (1) In section 5(1):
3 (a) in paragraph (a) delete "Water Authority" and insert:
4
5 Arterial Drainage
6
7 (b) in paragraph (f) delete "1947;" and insert:
8
9 1947.
10
11 (c) delete paragraphs (d), (e), (g), (h) and (i).
12 (2) After section 5(1) insert:
13
14 (2) In a provision of this Act that has effect by reference to
15 a past event or status, a reference to a relevant Act
16 includes a reference to an Act referred to subsection (1)
17 as in force immediately before the commencement of
18 the Water Services Legislation Amendment and Repeal
19 Act 2011 section 78.
20
21 79. Section 8 amended
22 In section 8:
23 (a) delete "Corporation, or the";
24 (b) delete "Corporation or the" (each occurrence).
25 Note: The heading to amended section 8 is to read:
26 Vesting interest in land in Minister
27 80. Section 10 amended
28 Delete section 10(2).
29 Note: The heading to amended section 10 is to read:
30 Functions and powers of Minister -- relation to other functions
31 and powers
page 23
Water Services Legislation Amendment and Repeal Bill 2011
Part 6 Water Agencies (Powers) Act 1984 amended
s. 81
1 81. Section 14 amended
2 In section 14(12) in the definition of water services licensee
3 delete "section 3 of the Water Services Licensing Act 1995." and
4 insert:
5
6 the Water Services Act 2011 section 3(1).
7
8 82. Section 34 amended
9 (1) In section 34(1) delete "or the Corporation of their respective
10 functions" and insert:
11
12 of functions
13
14 (2) In section 34(3):
15 (a) in paragraph (g) delete "watercourse;" and insert:
16
17 watercourse.
18
19 (b) delete paragraphs (h), (i), (j), (k), (l) and (n).
20 83. Part III heading replaced
21 Delete the heading to Part III and insert:
22
23 Part III -- Liability, indemnity etc.
24
25 84. Part III Divisions 1A and 2 deleted
26 Delete Part III Divisions 1A and 2.
page 24
Water Services Legislation Amendment and Repeal Bill 2011
Water Agencies (Powers) Act 1984 amended Part 6
s. 85
1 85. Part III Division 6 heading deleted
2 Delete the heading to Part III Division 6.
3 86. Parts IV and V deleted
4 Delete Parts IV and V.
5 87. Section 70 amended
6 In section 70(2) delete "or a person authorised by the
7 Corporation".
8 88. Section 71 amended
9 (1) Delete section 71(1)(a)(i).
10 (2) In section 71(3):
11 (a) delete "Minister, or the Corporation by its officers or
12 agents," and insert:
13
14 Minister
15
16 (b) delete "or the Corporation" (second occurrence).
17 89. Section 72 amended
18 In section 72(6):
19 (a) delete "or the Corporation" (first occurrence);
20 (b) delete "or the Corporation by its officers,".
page 25
Water Services Legislation Amendment and Repeal Bill 2011
Part 6 Water Agencies (Powers) Act 1984 amended
s. 90
1 90. Section 73 amended
2 In section 73(1):
3 (a) delete "Minister or the Corporation, an officer of the
4 Department or the Corporation or any other person who
5 pursuant to section 3(3) is deemed to be authorised to
6 exercise a power of the Minister or the Corporation,"
7 and insert:
8
9 Minister, an officer of the Department or any other
10 person who pursuant to section 3(3) is deemed to be
11 authorised to exercise a power of the Minister,
12
13 (b) in paragraph (b) delete "Minister or the Corporation, any
14 property sewer or any fixture or fitting; or" and insert:
15
16 Minister; or
17
18 (c) delete paragraphs (c) and (d);
19 (d) delete "or the Corporation" (second and third
20 occurrences).
21 91. Section 78 amended
22 (1) In section 78(1):
23 (a) delete "or the Corporation" (first and third occurrences);
24 (b) delete "Commission, the Minister or the Corporation"
25 and insert:
26
27 Commission or the Minister
28
page 26
Water Services Legislation Amendment and Repeal Bill 2011
Water Agencies (Powers) Act 1984 amended Part 6
s. 92
1 (2) In section 78(2) delete "Commission, the Minister or the
2 Corporation" and insert:
3
4 Commission or the Minister
5
6 92. Section 82 amended
7 Delete section 82(1a).
8 93. Section 83 amended
9 (1) Delete section 83(1).
10 (2) In section 83(2) delete "subsections (1) and (1a)" and insert:
11
12 subsection (1a)
13
14 94. Section 84 amended
15 Delete section 84(1).
16 95. Section 85 deleted
17 Delete section 85.
18 96. Section 86 amended
19 In section 86 in the definition of major works delete
20 paragraph (b) and insert:
21
22 (b) such other works as the Minister considers, by
23 virtue of their location, size or nature, to be of
24 sufficient public interest to require public
25 advertisement and that an opportunity to object
26 or comment thereon should be given.
27
page 27
Water Services Legislation Amendment and Repeal Bill 2011
Part 6 Water Agencies (Powers) Act 1984 amended
s. 97
1 97. Section 87 amended
2 Delete section 87(1).
3 98. Section 88 amended
4 In section 88(1) delete "works, and the Corporation must, before
5 submitting proposals to the Minister for the carrying out,
6 construction or provision of major".
7 99. Section 89 amended
8 Delete section 89(3) and insert:
9
10 (3) Where the Minister so determines, and whether or not
11 by reason of objections or comments received, the
12 Minister may amend the proposal by making
13 alterations to the plans or proposals so deposited and
14 advise the persons who are, in the opinion of the
15 Minister, likely to be affected by such alterations.
16
17 100. Section 90 deleted
18 Delete section 90.
19 101. Section 91 amended
20 Delete section 91(1), (2) and (3).
21 102. Section 95 amended
22 Delete section 95(1), (2), (3) and (4).
page 28
Water Services Legislation Amendment and Repeal Bill 2011
Water Agencies (Powers) Act 1984 amended Part 6
s. 103
1 103. Section 97 amended
2 Delete section 97(4) and insert:
3
4 (4) Where the Minister is satisfied that a deviation or
5 modification of a kind to which subsection (1), (2)
6 or (3) does not apply --
7 (a) is not inconsistent with the general proposal;
8 and
9 (b) is necessary in the public interest; and
10 (c) does not adversely affect the interest of any
11 person who is the owner or occupier of the land
12 where the works are to be situate,
13 the Minister may carry out the works as so varied,
14 despite the provisions of sections 88 and 89, or 93, 94
15 and 95, not having been complied with.
16
17 104. Part VIII Divisions 3 and 4 deleted
18 Delete Part VIII Divisions 3 and 4.
19 105. Section 103 amended
20 In section 103(11) delete "Corporation shall" and insert:
21
22 chief executive officer of a water corporation (as
23 defined in section 106(1A)) must
24
page 29
Water Services Legislation Amendment and Repeal Bill 2011
Part 6 Water Agencies (Powers) Act 1984 amended
s. 106
1 106. Section 106 amended
2 (1) Before section 106(1) insert:
3
4 (1A) In this section --
5 water corporation means a corporation as defined in
6 the Water Corporations Act 1995 section 3(1).
7
8 (2) In section 106(1) delete "the Water Corporation or a water
9 board" and insert:
10
11 a water corporation
12
13 (3) Delete section 106(4).
14 107. Section 111 amended
15 Delete section 111(4).
16 108. Section 112 amended
17 Delete section 112(3)(a).
18 109. Various references to "Corporation" amended
19 In the provisions listed in the Table:
20 (a) delete "or the Corporation" (each occurrence);
21 (b) delete "or the Corporation's";
22 (c) delete "or Corporation".
23 Table
s. 3(3) s. 34(3)(b)
s. 36(1)(c), (3), (4), (6) and (7) s. 62(1) and (3)
page 30
Water Services Legislation Amendment and Repeal Bill 2011
Water Agencies (Powers) Act 1984 amended Part 6
s. 109
s. 63 s. 70(1), (2) and (3)
s. 71(1) and (2) s. 72(1), (2), (4) and (7)
s. 73(3) and (4) s. 75
s. 77 s. 79
s. 81(1), (2) and (3) s. 83(2) and (3)
s. 84(2), (3) and (4) s. 86 def. of exempt works
par. (c)
s. 88(1) s. 89(2)
s. 92 s. 93
s. 94(2) and (3) s. 96
s. 97(1), (2) and (3)
1 Note: The heading to amended section 81 is to read:
2 Claims against Crown for use of land and application of Public
3 Works Act 1902
4 Note: The heading to amended section 96 is to read:
5 Minister to carry out exempt works
page 31
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 110
1 Part 7 -- Water Corporation Act 1995 amended
2 110. Act amended
3 This Part amends the Water Corporation Act 1995.
4 111. Long title amended
5 In the long title delete "establish a corporation" and insert:
6
7 establish, and to provide for the establishment of,
8 corporations
9
10 112. Section 1 amended
11 In section 1 delete "Corporation" and insert:
12
13 Corporations
14
15 113. Section 3 amended
16 (1) In section 3(1) delete the definitions of:
17 board
18 chief executive officer
19 corporation
20 director
21 member of staff
22 non-executive director
23 water service
24 (2) In section 3(1) insert in alphabetical order:
25
26 board, of a corporation, means the board of directors of
27 the corporation under section 7;
page 32
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 113
1 Bunbury Water Corporation means the body
2 established by section 4(2);
3 Busselton Water Corporation means the body
4 established by section 4(3);
5 chief executive officer, of a corporation, means the
6 person holding the office of chief executive officer of
7 the corporation under section 13 and, except in
8 section 13, includes an acting chief executive officer
9 under section 13(5);
10 corporation means --
11 (a) a body established by section 4(1), (2) or (3); or
12 (b) a body established by the Governor under
13 section 4(4);
14 director, of a corporation, means a member of the
15 board of the corporation;
16 member of staff, of a corporation, means a person
17 engaged by the board of the corporation under
18 section 15;
19 Water Corporation means the body established by
20 section 4(1);
21 water service has the meaning given in the Water
22 Services Act section 3(1);
23 Water Services Act means the Water Services
24 Act 2011.
25
26 (3) In section 3(1) in the definition of executive officer:
27 (a) delete "officer means" and insert:
28
29 officer, of a corporation, means
30
31 (b) delete "the" (first occurrence).
page 33
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 114
1 (4) In section 3(1) in the definition of subsidiary delete "subsidiary
2 means --" and insert:
3
4 subsidiary, of a corporation, means --
5
6 114. Section 4 amended
7 Delete section 4(2), (3) and (4) and insert:
8
9 (2) There is established a body called the Bunbury Water
10 Corporation.
11 (3) There is established a body called the Busselton Water
12 Corporation.
13 (4) The Governor may, by order published in the Gazette,
14 establish a body with the name specified in the order.
15 (5) The Governor cannot establish a body under
16 subsection (4) without the concurrence of the
17 Treasurer.
18
19 Note: The heading to amended section 4 is to read:
20 Water corporations established
21 115. Section 5A inserted
22 After section 4 insert:
23
24 5A. Nature of corporations
25 (1) Each corporation is a body corporate with perpetual
26 succession.
27 (2) Proceedings may be taken by or against a corporation
28 in its corporate name.
page 34
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 116
1 (3) A corporation may use, and operate under, one or more
2 trading names approved by the Minister being --
3 (a) an abbreviation or adaptation of its corporate
4 name; or
5 (b) a name other than its corporate name.
6
7 116. Section 6 amended
8 Delete section 6(1) and insert:
9
10 (1) A corporation is not, and is not to become, a public
11 sector body under the Public Sector Management
12 Act 1994.
13
14 Note: The heading to amended section 6 is to read:
15 Corporations and officers not part of public sector
16 117. Section 7A inserted
17 At the end of Part 2 Division 1 insert:
18
19 7A. Dissolution of bodies established by Governor
20 (1) The Governor may, with the concurrence of the
21 Treasurer, by order published in the Gazette, dissolve a
22 body established under section 4(4).
23 (2) The order may deal with anything to be done, or that
24 occurs, because of the dissolution of the body,
25 including any of the following --
26 (a) the assignment or disposal of assets of the
27 body, including assets that are on, in, over or
28 under land that is not the property of the body;
29 (b) the assignment or discharge of liabilities of the
30 body;
page 35
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 117
1 (c) the substitution of a specified person for the
2 body as a party to specified proceedings;
3 (d) the modification of specified agreements and
4 instruments (other than enactments) referring to
5 the body;
6 (e) proceedings and remedies that might have been
7 commenced by, or available to or against, the
8 body being commenced by, or becoming
9 available to or against, a specified person;
10 (f) any act, matter or thing done or omitted to be
11 done by, to or in respect of the body before the
12 dissolution;
13 (g) the taking possession of books, documents or
14 other records, however compiled or stored,
15 relating to the operations of the body;
16 (h) the making and submission of any outstanding
17 reports under Part 4 Division 3 and a final
18 report in respect of the body;
19 (i) the continuation of the body with the powers
20 that are necessary or convenient for the
21 purposes of doing anything under the order
22 (including making and submitting the reports
23 referred to in paragraph (h));
24 (j) the exemption from any State tax of anything
25 that occurs by operation of, or under, the order.
26 (3) In subsection (2) --
27 specified means specified in the order.
page 36
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 118
1 (4) Anything that occurs by operation of, or under, the
2 order does not give rise to a breach of an existing right
3 or obligation (whether contractual or not) or any
4 remedy that did not already exist.
5
6 118. Section 7 amended
7 (1) Delete section 7(1) and insert:
8
9 (1) Each corporation is to have a board of directors
10 comprising 6 or 7 persons appointed by the Governor
11 on the nomination of the Minister.
12 (2A) The chief executive officer of a corporation may be a
13 director of the corporation.
14 (2B) A member of staff of a corporation cannot to be a
15 director of the corporation.
16
17 (2) In section 7(2):
18 (a) after "board" (first occurrence) insert:
19
20 of a corporation
21
22 (b) delete paragraph (b) and insert:
23
24 (b) in the case of a nomination for appointment to
25 the board of a regional water corporation -- the
26 nominee is a person ordinarily resident in an
27 operating area of the corporation so far as is
28 necessary for the majority of the directors of
29 the corporation, at the time of the appointment,
30 to be persons so resident.
31
page 37
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 119
1 (3) After section 7(2) insert:
2
3 (3A) In subsection (2)(b) --
4 operating area, of a corporation, means an operating
5 area of a licence held by the corporation under the
6 Water Services Act;
7 regional water corporation means the Bunbury Water
8 Corporation or the Busselton Water Corporation.
9 (3B) The Minister need only comply with subsection (2)(b)
10 to the extent practicable.
11
12 (4) In section 7(3) delete "an office of non-executive director" and
13 insert:
14
15 the membership of the board of a corporation
16
17 119. Section 10 amended
18 (1) Before section 10(1) insert:
19
20 (1A) This section applies to a director of a corporation who
21 is not the chief executive officer of the corporation.
22
23 (2) In section 10(1) delete "A non-executive" and insert:
24
25 The
26
27 (3) In section 10(2) delete "a non-executive director who" and
28 insert:
29
30 the director if he or she
31
page 38
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 120
1 120. Section 13 amended
2 Delete section 13(1) and insert:
3
4 (1) Each corporation must have a chief executive officer.
5
6 121. Section 15 amended
7 Delete section 15(1) and insert:
8
9 (1) The power to engage and manage the staff of a
10 corporation is vested in its board.
11
12 122. Section 20 amended
13 In section 20:
14 (a) in paragraph (a) delete "directors;" and insert:
15
16 directors of a corporation; and
17
18 (b) in paragraph (b) delete "the corporation" and insert:
19
20 a corporation
21
22 123. Section 21 amended
23 (1) Delete section 21(1) and (2) and insert:
24
25 (1) Schedule 2 clauses 2 to 11, 15 and 16 apply to the chief
26 executive officer of a corporation as if references to a
27 director were replaced by references to a chief
28 executive officer.
page 39
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 124
1 (2) Schedule 2 clauses 4 and 7 to 11 apply to a former
2 executive officer of a corporation as if references to a
3 former director were replaced by references to a former
4 chief executive officer.
5 (3A) The application of the clauses referred to in
6 subsections (1) and (2) to the chief executive officer
7 and a former chief executive officer, respectively, is in
8 addition to any application those clauses have to the
9 person in the capacity of director or former director of
10 the corporation.
11
12 (2) In section 21(3) delete "chief executive officer or a former chief
13 executive officer" and insert:
14
15 person
16
17 124. Section 22 amended
18 (1) In section 22(1) delete "Clauses 2 to 5, 7 to 11, 15 and 16 of
19 Schedule 2 apply to an executive officer" and insert:
20
21 Schedule 2 clauses 2 to 5, 7 to 11, 15 and 16 apply to
22 an executive officer of a corporation
23
24 (2) In section 22(2) delete "Clauses 4 and 7 to 11 of Schedule 2
25 apply to a former executive officer" and insert:
26
27 Schedule 2 clauses 4 and 7 to 11 apply to a former
28 executive officer of a corporation
29
page 40
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 125
1 125. Section 23 replaced
2 Delete section 23 and insert:
3
4 23. Members of staff, duties imposed
5 (1) In this section --
6 former member of staff means a former member of
7 staff other than a former executive officer;
8 member of staff means a member of staff other than an
9 executive officer.
10 (2) Schedule 2 clauses 4, 5 and 7 to 11 apply to a member
11 of staff as if references to a director were replaced by
12 references to a member of staff.
13 (3) Schedule 2 clauses 4 and 7 to 11 apply to a former
14 member of staff as if references to a director were
15 replaced by references to a former member of staff.
16
17 126. Section 27 amended
18 (1) Delete section 27(3) and insert:
19
20 (3) If the performance of any of a corporation's functions
21 referred to in subsection (1)(a) or (b) requires that the
22 corporation hold a licence under the Water Services
23 Act, the corporation may only perform that function in
24 accordance with the terms and conditions of such a
25 licence.
26
27 (2) Delete section 27(5) and (6).
page 41
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 127
1 (3) In section 27(7) delete the definition of wastewater and insert:
2
3 wastewater has the meaning given in the Water
4 Services Act section 3(1).
5
6 127. Section 28A inserted
7 After section 27 insert:
8
9 28A. Corporations may act at their discretion
10 The fact that a corporation has a function given to it by
11 this Act does not impose a duty on it to do any
12 particular thing and, subject to --
13 (a) this Act; and
14 (b) any direction given to the corporation under
15 this Act,
16 it has a discretion as to how and when it performs the
17 function.
18
19 128. Section 29 amended
20 (1) In section 29(2) delete "the corporation" (first and second
21 occurrences) and insert:
22
23 a corporation
24
25 (2) Delete section 29(4) and insert:
26
27 (4) If the generality of any power conferred on a
28 corporation by this Act is restricted by any provision of
29 the Water Services Act, that restriction applies, despite
30 this Act.
31
page 42
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 129
1 129. Section 31 amended
2 (1) After section 31(1) insert:
3
4 (2A) The Minister cannot give approval under subsection (1)
5 without the concurrence of the Treasurer.
6
7 (2) Delete section 31(2) and insert:
8
9 (2) A corporation must ensure that the constitution of
10 every subsidiary of the corporation that under a written
11 law or the Corporations Act is required to have a
12 constitution --
13 (a) contains provisions to the effect of those set out
14 in Schedule 4; and
15 (b) is consistent with this Act; and
16 (c) is not amended in a way that is inconsistent
17 with this Act.
18
19 (3) In section 31(3):
20 (a) delete "The corporation" and insert:
21
22 A corporation
23
24 (b) delete "memorandum and articles of association" and
25 insert:
26
27 constitution
28
page 43
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 129
1 (4) In section 31(4):
2 (a) delete "articles of association" and insert:
3
4 constitution
5
6 (b) delete "the corporation." and insert:
7
8 a corporation.
9
10 (5) After section 31(4) insert:
11
12 (5) A director, the chief executive officer or a member of
13 staff of a corporation may, with the approval of the
14 board of the corporation, become --
15 (a) a member of the committee of an incorporated
16 association; or
17 (b) a director of a company,
18 that is or is to be a subsidiary of the corporation and
19 may represent the interests of the corporation on that
20 committee or the board of directors of that company.
21 (6) Neither --
22 (a) subsection (2) or (3); nor
23 (b) the provisions referred to in subsection (2)(a)
24 included in the constitution of a subsidiary,
25 make a corporation or the Minister a director of a
26 subsidiary of the corporation for the purposes of the
27 Corporations Act.
28 (7) Subsections (1) to (6) and Schedule 4, as in force
29 immediately after the Water Services Legislation
30 Amendment and Repeal Act 2011 section 129 came
31 into operation, are declared to be Corporations
page 44
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 130
1 legislation displacement provisions for the purposes of
2 the Corporations Act section 5G in relation to the
3 Corporations legislation to which Part 1.1A of that Act
4 applies generally.
5
6 130. Section 32 amended
7 (1) In section 32(2):
8 (a) in paragraph (a) delete "the corporation" (first
9 occurrence) and insert:
10
11 a corporation
12
13 (b) in paragraph (c) delete "amount." and insert:
14
15 amount for the corporation.
16
17 (2) In section 32(4) after "amount" insert:
18
19 for a corporation
20
21 131. Section 34 amended
22 In section 34:
23 (a) after "addition to" insert:
24
25 the requirements under
26
27 (b) delete "the corporation" and insert:
28
29 a corporation
30
page 45
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 132
1 132. Section 35 amended
2 (1) After section 35(2)(a) insert:
3
4 (ba) the chief executive officer; or
5
6 (2) In section 35(4) after "delegate" insert:
7
8 of a corporation
9
10 (3) In section 35(2) after each of paragraphs (a) and (b) insert:
11
12 or
13
14 133. Section 36 amended
15 Delete section 36(1)(a) and (b) and insert:
16
17 (a) any arrangement involving or relating to a
18 corporation or any subsidiary of the corporation
19 or the performance by a corporation of any of
20 its functions; or
21 (b) any act or thing proposed to be done in the
22 State by a corporation or any subsidiary of the
23 corporation in the performance of its functions;
24 or
25
26 134. Part 3 Division 3 heading amended
27 In the heading to Part 3 Division 3 after "with" insert:
28
29 a
30
page 46
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 135
1 135. Section 38 amended
2 (1) In section 38(1):
3 (a) after "person" (first occurrence) insert:
4
5 (the third party)
6
7 (b) after "person" (second occurrence) insert:
8
9 (the second party)
10
11 (c) delete "the corporation" and insert:
12
13 a corporation
14
15 (2) In section 38(2):
16 (a) delete "person" (first occurrence) and insert:
17
18 party
19
20 (b) delete "first person" and insert:
21
22 third party
23
24 136. Section 40 amended
25 In section 40(2)(b) delete "another person" and insert:
26
27 the second party
28
page 47
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 137
1 137. Section 42 replaced
2 Delete section 42 and insert:
3
4 42. Corporations established by Governor -- first
5 strategic development plan
6 In respect of a corporation established by the Governor
7 under section 4(4), the first strategic development plan
8 for the corporation is to be for a period starting at the
9 commencement of the first financial year after the day
10 on which the order referred to in section 4(4) comes
11 into operation.
12
13 138. Section 43 amended
14 In section 43(1) after "plan" insert:
15
16 for a corporation and any subsidiary of the corporation
17
18 139. Section 45 amended
19 (1) In section 45(1) delete "the draft strategic development plan to
20 the board" and insert:
21
22 a draft strategic development plan to the board of a
23 corporation
24
25 (2) In section 45(3) delete "If a draft strategic development plan has
26 not been agreed to by the Minister" and insert:
27
28 If the board and the Minister have not reached
29 agreement on a draft strategic development plan
30
page 48
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 140
1 140. Section 46 amended
2 In section 46(1):
3 (a) delete "If the Minister has not agreed to" and insert:
4
5 If the board of a corporation and the Minister have not
6 reached agreement on
7
8 (b) after "subsidiary" insert:
9
10 of the corporation
11
12 141. Section 47 amended
13 In section 47 delete "When a draft strategic development plan is
14 agreed to by the Minister," and insert:
15
16 When the board of a corporation and the Minister have
17 reached agreement on a draft strategic development
18 plan,
19
20 142. Section 48 amended
21 In section 48(3) after "direction" insert:
22
23 to the board under subsection (2),
24
page 49
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 143
1 143. Section 51 replaced
2 Delete section 51 and insert:
3
4 51. Corporations established by Governor -- first
5 statement of corporate intent
6 In respect of a corporation established by the Governor
7 under section 4(4), the first statement of corporate
8 intent for the corporation is to be for the first financial
9 year to start after the day on which the order referred to
10 in section 4(4) comes into operation.
11
12 144. Section 52 amended
13 (1) In section 52(1) after "intent" insert:
14
15 for a corporation and any subsidiary of the corporation
16
17 (2) In section 52(2) delete "for the corporation and any subsidiary".
18 145. Section 54 amended
19 (1) In section 54(1):
20 (a) delete "the" (first occurrence) and insert:
21
22 a
23
24 (b) after "board" insert:
25
26 of a corporation
27
page 50
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 146
1 (2) In section 54(3) delete "If a draft statement of corporate intent
2 has not been agreed to by the Minister" and insert:
3
4 If the board and the Minister have not reached
5 agreement on a draft statement of corporate intent
6
7 146. Section 55 amended
8 In section 55(1):
9 (a) delete "If the Minister has not agreed to" and insert:
10
11 If the board of a corporation and the Minister have not
12 reached agreement on
13
14 (b) after "subsidiary" insert:
15
16 of the corporation
17
18 147. Section 56 amended
19 In section 56(1) delete "When a draft statement of corporate
20 intent is agreed to by the Minister," and insert:
21
22 When the board of a corporation and the Minister have
23 reached agreement on a draft statement of corporate
24 intent,
25
26 148. Section 57 amended
27 In section 57(3) delete "direction," and insert:
28
29 direction to the board under subsection (2),
30
page 51
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 149
1 149. Section 58 amended
2 In section 58(2) delete "under" and insert:
3
4 described in
5
6 150. Section 59 amended
7 (1) In section 59(1):
8 (a) after "The" insert:
9
10 board of a
11
12 (b) delete "subsidiary." and insert:
13
14 subsidiary of the corporation.
15
16 (2) In section 59(4) delete "corporation" and insert:
17
18 board
19
20 151. Section 60 amended
21 In section 60(1):
22 (a) after "The" insert:
23
24 board of a
25
26 (b) after "subsidiary" insert:
27
28 of the corporation
29
page 52
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 152
1 152. Section 65 amended
2 In section 65(1) delete "and the board" and insert:
3
4 to a corporation and the board of the corporation
5
6 153. Section 68 amended
7 Delete section 68(1)(a) and insert:
8
9 (a) to have information in the possession of a
10 corporation and any subsidiary of the
11 corporation; and
12
13 154. Section 69 amended
14 In section 69 after "The" insert:
15
16 board of a
17
18 155. Section 72 deleted
19 Delete section 72.
20 156. Section 73 amended
21 In section 73(1) delete "An" and insert:
22
23 For each corporation, an
24
page 53
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 157
1 157. Section 76 amended
2 In section 76:
3 (a) delete "The corporation" and insert:
4
5 A corporation
6
7 (b) delete "section 75," and insert:
8
9 section 75 or the Local Government Act 1995
10 section 6.26(2)(a)(i),
11
12 158. Section 81 amended
13 (1) Delete section 81(1) and insert:
14
15 (1) The Minister may, with the concurrence of the
16 Treasurer and in accordance with subsections (2), (3A),
17 (3B), (3) and (4), by notice to a corporation, impose
18 monetary limits on the exercise by the corporation of
19 the powers conferred by section 80.
20
21 (2) In section 81(2) after "limit" insert:
22
23 for the Water Corporation
24
25 (3) After section 81(2) insert:
26
27 (3A) The monetary limit for the Bunbury Water Corporation
28 and the Busselton Water Corporation is to be
29 determined for the exercise of those powers in the
30 financial year following the day on which the Water
page 54
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 159
1 Services Legislation Amendment and Repeal Act 2011
2 section 158 comes into operation.
3 (3B) The monetary limit for a corporation established by the
4 Governor under section 4(4) is to be determined for the
5 exercise of those powers in the financial year following
6 the day on which the order referred to in section 4(4)
7 comes into operation.
8
9 (4) In section 81(3) delete "That limit" and insert:
10
11 A limit referred to in subsection (2), (3A) or (3B)
12
13 (5) In section 81(4) after "force" insert:
14
15 for a corporation
16
17 (6) Delete section 81(5) and insert:
18
19 (5) A corporation must comply with any limit for the time
20 being in force for the corporation.
21
22 159. Section 85 amended
23 In section 85:
24 (a) delete "Schedule 3," and insert:
25
26 Schedule 3 of this Act,
27
28 (b) delete "the corporation" and insert:
29
30 a corporation
31
page 55
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 160
1 160. Section 88 amended
2 (1) In section 88(1) delete "The" and insert:
3
4 Each
5
6 (2) Delete section 88(2) and insert:
7
8 (2) A document is duly executed by a corporation if --
9 (a) the common seal of the corporation is affixed to
10 it in the presence of --
11 (i) 2 directors; or
12 (ii) a director and the chief executive
13 officer; or
14 (iii) a director and an executive officer;
15 or
16 (b) it is signed on behalf of the corporation by a
17 person or persons referred to in subsection (4).
18
19 (3) In section 88(4):
20 (a) delete "The corporation" and insert:
21
22 A corporation
23
24 (b) delete "director or" and insert:
25
26 director, the chief executive officer,
27
page 56
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 161
1 161. Section 89 amended
2 In section 89(1) delete "the corporation" (first occurrence) and
3 insert:
4
5 a corporation
6
7 162. Section 91 amended
8 In section 91(2) delete "Water Services Licensing Act 1995,"
9 and insert:
10
11 Water Services Act,
12
13 163. Sections 92, 93 and 94 inserted
14 After section 91 insert:
15
16 92. Minister may vest certain land in Water
17 Corporation and make orders in respect of certain
18 reserves
19 (1) In this section --
20 former water authority means --
21 (a) a Minister of the State; or
22 (b) an agency, authority or instrumentality of the
23 State; or
24 (c) a body, whether incorporated or not,
25 established or continued for a public purpose by
26 or under a written law,
27 who or that, at any time before the commencement of
28 section 4(1) of this Act, performed functions relating to
29 the provision of water services;
page 57
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 163
1 order means an order made under subsection (2) or (3),
2 as the case requires;
3 relevant official, in relation to an estate or interest in
4 land, or a reserve, specified in an order, means --
5 (a) the Registrar of Titles; or
6 (b) the Registrar of Deeds and Transfers; or
7 (c) any other person authorised by a written law to
8 register or otherwise act on dealings affecting
9 land,
10 according to which of them, if any, is responsible for
11 registering or otherwise acting on dealings affecting the
12 estate or interest or the reserve.
13 (2) The Minister may, by order published in the Gazette,
14 direct that an estate or interest in land specified in the
15 order be vested in the Water Corporation if --
16 (a) the estate or interest was previously vested in a
17 former water authority or the State; and
18 (b) the estate or interest is, or is to be, used by the
19 Water Corporation for the purposes of this Act
20 or the Water Services Act.
21 (3) The Minister may, by order published in the Gazette,
22 direct that the care, control and management of a
23 reserve (as defined in the Land Administration
24 Act 1997 section 3(1)) specified in the order is to be
25 placed with the Water Corporation under the Land
26 Administration Act 1997 section 46, if --
27 (a) the care, control and management of the reserve
28 was previously placed with a former water
29 authority under that section; and
30 (b) the reserve is, or is to be, used by the Water
31 Corporation for the purposes of this Act or the
32 Water Services Act.
page 58
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 163
1 (4) An order takes effect --
2 (a) at the beginning of the day after the day on
3 which the order is published in the Gazette; or
4 (b) if a later day is specified in the order -- at the
5 beginning of that day.
6 (5) When an order takes effect --
7 (a) in the case of an order under subsection (2) --
8 each estate or interest in land specified in the
9 order vests in the Water Corporation by force
10 of this paragraph; or
11 (b) in the case of an order under subsection (3) --
12 the care, control and management of each
13 reserve specified in the order is, by force of this
14 paragraph, placed with the Water Corporation
15 as if it were so placed under the Land
16 Administration Act 1997 section 46.
17 (6) The Minister must give a copy of the order to each
18 relevant official who must do all things necessary to
19 show the effect of subsection (5)(a) or (b), as the case
20 requires.
21 93. Review of Act
22 (1) The Minister must carry out a review of the operation
23 and effectiveness of this Act as soon as practicable
24 after every fifth anniversary of the commencement of
25 the Water Services Legislation Amendment and Repeal
26 Act 2011 section 163, and in the course of that review
27 the Minister must consider and have regard to --
28 (a) the adequacy of the penalties imposed under
29 this Act; and
30 (b) any other matter that appears to the Minister to
31 be relevant to the operation and effectiveness of
32 this Act.
page 59
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 164
1 (2) The Minister must prepare a report based on the review
2 carried out under subsection (1) and, as soon as
3 practicable after the preparation of the report, cause it
4 to be laid before each House of Parliament.
5 94. Transitional provisions
6 Schedule 5 sets out transitional provisions.
7
8 164. Schedule 1 clause 1 amended
9 In Schedule 1 clause 1 in the definition of director after
10 "capacity" insert:
11
12 (if any)
13
14 165. Schedule 1 clause 2 amended
15 In Schedule 1 clause 2(4) after "appointed" (first occurrence)
16 insert:
17
18 to the board of a corporation
19
20 166. Schedule 1 clause 4 amended
21 Delete Schedule 1 clause 4(1) and insert:
22
23 (1) For each corporation, the Governor is to appoint a director
24 of the corporation to be chairperson and another to be
25 deputy chairperson of the board, appointments in each case
26 being made on the nomination of the Minister.
27
page 60
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 167
1 167. Schedule 1 clause 5 amended
2 (1) In Schedule 1 clause 5(1):
3 (a) after "director" (first occurrence) insert:
4
5 of a corporation
6
7 (b) after "director" (second occurrence) insert:
8
9 of the corporation
10
11 (2) In Schedule 1 clause 5(2):
12 (a) delete "Except" and insert:
13
14 If the chief executive officer of a corporation is a director of
15 the corporation then, except
16
17 (b) delete "director." and insert:
18
19 director of the corporation.
20
21 168. Schedule 2 clause 2 amended
22 (1) In Schedule 2 clause 2:
23 (a) delete "A director" and insert:
24
25 (1) A director of a corporation
26
27 (b) delete the Penalty.
28 (2) At the end of Schedule 2 clause 2 insert:
29
30 (2) A person who contravenes subclause (1) --
31 (a) with intent to deceive or defraud --
32 (i) the corporation; or
page 61
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 169
1 (ii) creditors of the corporation or of any other
2 person;
3 or
4 (b) for any other fraudulent purpose,
5 commits a crime.
6 Penalty: a fine of $20 000 or imprisonment for 5 years, or
7 both.
8 Summary conviction penalty: a fine of $12 000 or
9 imprisonment for 3 years, or both.
10 (3) If subclause (2) does not apply, a person who contravenes
11 subclause (1) commits an offence.
12 Penalty: a fine of $5 000.
13
14 169. Schedule 2 clause 4 amended
15 (1) In Schedule 2 clause 4:
16 (a) delete "A director or a former director" and insert:
17
18 (1) A director or a former director of a corporation
19
20 (b) delete the Penalty.
21 (2) At the end of Schedule 2 clause 4 insert:
22
23 (2) A person who contravenes subclause (1) commits a crime.
24 Penalty: a fine of $20 000 or imprisonment for 5 years, or
25 both.
26 Summary conviction penalty: a fine of $12 000 or
27 imprisonment for 3 years, or both.
28
page 62
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 170
1 170. Schedule 2 clause 5 amended
2 (1) In Schedule 2 clause 5:
3 (a) delete "A director" and insert:
4
5 (1) A director of a corporation
6
7 (b) delete the Penalty.
8 (2) At the end of Schedule 2 clause 5 insert:
9
10 (2) A person who contravenes subclause (1) commits a crime.
11 Penalty: a fine of $20 000 or imprisonment for 5 years, or
12 both.
13 Summary conviction penalty: a fine of $12 000 or
14 imprisonment for 3 years, or both.
15
16 171. Schedule 2 clause 7 amended
17 In Schedule 2 clause 7(b) after "corporation" (first occurrence)
18 insert:
19
20 concerned
21
22 172. Schedule 2 clause 8 amended
23 In Schedule 2 clause 8 after "corporation" (first occurrence)
24 insert:
25
26 concerned
27
page 63
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 173
1 173. Schedule 2 clause 12 amended
2 Delete Schedule 2 clause 12(1) and insert:
3
4 (1A) In subclause (1) --
5 notifiable interest means an interest in the matter that will,
6 under clause 13(1), disqualify the director from voting on
7 the matter at a meeting of the board unless allowed to do so
8 by a resolution under clause 13(3) or a declaration under
9 clause 13(6).
10 (1) A director of a corporation who has a notifiable interest in a
11 matter involving the corporation must, as soon as possible
12 after the relevant facts have come to the director's
13 knowledge, disclose the nature of the interest at a meeting of
14 the board of the corporation.
15 Penalty: a fine of $5 000.
16
17 174. Schedule 2 clause 14 amended
18 Delete Schedule 2 clause 14(2) and insert:
19
20 (2) A director of a corporation who is knowingly concerned in a
21 contravention of subclause (1) by the corporation (whether
22 or not in relation to the director) --
23 (a) with intent to deceive or defraud --
24 (i) the corporation; or
25 (ii) creditors of the corporation or of any other
26 person;
27 or
28 (b) for any other fraudulent purpose,
29 commits a crime.
30 Penalty: a fine of $20 000 or imprisonment for 5 years, or
31 both.
32 Summary conviction penalty: a fine of $12 000 or
33 imprisonment for 3 years, or both.
page 64
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 175
1 (3A) If subclause (2)(a) or (b) does not apply, the director
2 commits an offence.
3 Penalty: a fine of $5 000.
4
5 175. Schedule 3 clause 2 amended
6 In Schedule 3 clause 2(1) delete "The" and insert:
7
8 Each
9
10 176. Schedule 3 clause 6 amended
11 In Schedule 3 clause 6 delete "the" and insert:
12
13 each
14
15 177. Schedule 3 clause 7 amended
16 Delete Schedule 3 clause 7(2) and insert:
17
18 (2) The financial statements for the year are to be prepared in
19 accordance with the accounting standards.
20
21 178. Schedule 3 clause 10 amended
22 In Schedule 3 clause 10(1) delete "The" and insert:
23
24 Each
25
page 65
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 179
1 179. Schedule 3 clause 13 amended
2 (1) In Schedule 3 clause 13:
3 (a) delete "The" and insert:
4
5 (1) The
6
7 (b) in paragraph (c) delete "and each" and insert:
8
9 and, subject to subclause (2), each
10
11 (2) At the end of Schedule 3 clause 13 insert:
12
13 (2) Regulations made under section 91 may, in respect of the
14 Bunbury Water Corporation, the Busselton Water
15 Corporation or a body established by the Governor under
16 section 4(4), prescribe a lesser number of named officers for
17 the purposes of subclause (1)(c).
18
19 180. Schedule 3 clause 15 amended
20 In Schedule 3 clause 15(a) after "report" insert:
21
22 of a corporation
23
24 181. Schedule 3 clause 16 amended
25 In Schedule 3 clause 16(1) after "financial report" insert:
26
27 of a corporation
28
page 66
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 182
1 182. Schedule 3 clause 20 amended
2 In Schedule 3 clause 20(1) after "report" insert:
3
4 of a corporation
5
6 183. Schedule 3 clause 23 amended
7 In Schedule 3 clause 23(1) delete "the" (first occurrence) and
8 insert:
9
10 each
11
12 184. Schedule 3 clause 28 amended
13 In Schedule 3 clause 28(1):
14 (a) delete "the corporation," and insert:
15
16 a corporation,
17
18 (b) delete "any" and insert:
19
20 either or both
21
22 (c) in paragraph (b) delete "corporation;" and insert:
23
24 corporation.
25
26 (d) delete paragraph (c).
page 67
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 185
1 185. Schedule 3 clause 31 amended
2 Delete Schedule 3 clause 31(1) and (2) and insert:
3
4 (1) A director of a corporation must take all reasonable steps to
5 comply with, or to secure compliance with, Divisions 2
6 and 3.
7 (2) A person who contravenes subclause (1) with intent to
8 deceive or defraud the Minister or the Treasurer or creditors
9 of the corporation commits a crime.
10 Penalty: a fine of $20 000 or imprisonment for 5 years, or
11 both.
12 Summary conviction penalty: a fine of $12 000 or
13 imprisonment for 3 years, or both.
14 (3A) If subclause (2) does not apply, a person who contravenes
15 subclause (1) commits an offence.
16 Penalty: a fine of $5 000.
17
18 186. Schedule 3 clause 35 amended
19 In Schedule 3 clause 35(2) delete "The" and insert:
20
21 Each
22
23 187. Schedule 4 clause 2 amended
24 In Schedule 4 clause 2(3) delete "memorandum and articles of
25 association" and insert:
26
27 constitution
28
page 68
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 188
1 188. Schedule 4 clause 4 amended
2 In Schedule 4 clause 4(2) and (3) delete "memorandum and
3 articles of association" and insert:
4
5 constitution
6
7 189. Schedule 5 inserted
8 After Schedule 4 insert:
9
10 Schedule 5 -- Transitional provisions
11 [s. 94]
12 Division 1 -- Transitional provisions relating to Water
13 Services Legislation Amendment and Repeal Act 2011
14 Subdivision 1 -- Preliminary
15 1. Terms used
16 In this Division --
17 amended Act means this Act as amended by the Water
18 Services Legislation Amendment and Repeal Act 2011
19 Part 7;
20 Bunbury Water Board means the Bunbury Water Board
21 constituted under the repealed Act;
22 Busselton Water Board means the Busselton Water Board
23 constituted under the repealed Act;
24 commencement day means the day on which the Water
25 Services Legislation Amendment and Repeal Act 2011
26 section 110 comes into operation;
27 corporation means --
28 (a) the Bunbury Water Corporation; or
29 (b) the Busselton Water Corporation;
page 69
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 189
1 former Board means --
2 (a) the Bunbury Water Board; or
3 (b) the Busselton Water Board;
4 relevant corporation, in relation to a former Board, means
5 the corporation that is a continuation of the former Board
6 under clause 3 or 4;
7 repealed Act means the Water Boards Act 1904.
8 2. Application of Interpretation Act 1984
9 (1) If a provision of the amended Act deals with a matter dealt
10 with by a provision of the repealed Act, then for the
11 purposes of the provisions of the Interpretation Act 1984
12 about the repeal of enactments and the substitution of other
13 enactments for those so repealed --
14 (a) the provision of the repealed Act is to be taken to
15 have been repealed and re-enacted by the
16 amended Act; and
17 (b) a reference to the commencement of the repealing
18 law is to be taken to be a reference to
19 commencement day.
20 (2) Despite subclause (1), the Interpretation Act 1984
21 sections 36(d) (to the extent to which it applies to subsidiary
22 legislation) and 38 do not apply to the repeal of the Water
23 Boards Act 1904 by the Water Services Legislation
24 Amendment and Repeal Act 2011 section 201.
25 (3) This Division does not limit the operation of the
26 Interpretation Act 1984 except to the extent provided for by
27 this clause.
28 (4) The provisions of this Division and of the regulations made
29 for the purposes of this Division prevail over the provisions
30 of the Interpretation Act 1984 to the extent of any
31 inconsistency.
page 70
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 189
1 Subdivision 2 -- Continuation of former Boards
2 3. Bunbury Water Board continues
3 (1) The Bunbury Water Corporation is a continuation of, and is
4 the same legal entity as, the Bunbury Water Board, and
5 rights and liabilities of or in relation to the Bunbury Water
6 Board continue as rights and liabilities of or in relation to
7 the Bunbury Water Corporation.
8 (2) On commencement day, the name "Aqwest" becomes a
9 trading name of the Bunbury Water Corporation, as if
10 approved by the Minister under section 5A(3) of the
11 amended Act.
12 4. Busselton Water Board continues
13 (1) The Busselton Water Corporation is a continuation of, and is
14 the same legal entity as, the Busselton Water Board, and
15 rights and liabilities of or in relation to the Busselton Water
16 Board continue as rights and liabilities of or in relation to
17 the Busselton Water Corporation.
18 (2) On commencement day, the name "Busselton Water"
19 becomes a trading name of the Busselton Water
20 Corporation, as if approved by the Minister under
21 section 5A(3) of the amended Act.
22 5. Members of former Boards
23 (1) A person who, immediately before commencement day, was
24 a member of a former Board becomes, on commencement
25 day --
26 (a) a director of the board of the relevant corporation as
27 if appointed by the Governor, on the nomination of
28 the Minister, under section 7 of the amended Act;
29 and
30 (b) if the person was, immediately before
31 commencement day, the chairman of the former
32 Board -- the chairperson of the board of the
33 relevant corporation as if appointed by the
page 71
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 189
1 Governor, on the nomination of the Minister, under
2 Schedule 1 clause 4 of the amended Act.
3 (2) A person to whom subclause (1) applies holds office,
4 subject to the amended Act, until the expiration of the term
5 of office, and on the same terms and conditions, that applied
6 to the person immediately before commencement day.
7 6. Operating licences of former Boards
8 (1) An operating licence held by a former Board under the
9 Water Services Licensing Act 1995 immediately before
10 commencement day (the former licence) becomes, on
11 commencement day, a licence under the Water Services Act
12 as if granted under section 11 of that Act.
13 (2) The licence remains in force until the day on which the
14 former licence would have expired.
15 (3) The licence authorises the provision of water supply
16 services in the area of the State to which the former licence
17 applied immediately before commencement day.
18 (4) For the purposes of the Water Services Act, the area of the
19 State referred to in subclause (3) is the operating area of the
20 licence for the provision of water supply services.
21 (5) The licence is subject to the same terms and conditions as
22 those to which the former licence was subject immediately
23 before commencement day, to the extent that those terms
24 and conditions are not inconsistent with the Water
25 Services Act.
26 (6) The licence has effect subject to the Water Services Act and
27 so, for example, the licence may be cancelled or amended.
28 7. Supply of water to Water Corporation under Busselton
29 Water Board (Supply of Water to Dunsborough) Act 2009
30 (1) This clause applies to a supply of water to the Water
31 Corporation under the Busselton Water Board (Supply of
32 Water to Dunsborough) Act 2009 (before the repeal of that
33 Act) that is to continue on and after commencement day.
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Water Corporation Act 1995 amended Part 7
s. 189
1 (2) The repeal of the Busselton Water Board (Supply of Water
2 to Dunsborough) Act 2009 does not affect --
3 (a) the supply of water; or
4 (b) any agreement about the supply of water; or
5 (c) anything to be done under, for or in relation to such
6 an agreement or the supply of water.
7 (3) The supply of water becomes, on commencement day, a
8 supply of water under the amended Act.
9 Subdivision 3 -- Staff of former Boards
10 8. Term used: PSM Act
11 (1) In this Subdivision --
12 PSM Act means the Public Sector Management Act 1994.
13 (2) If a term has a meaning given in the PSM Act, it has the
14 same meaning in this Subdivision.
15 (3) In this Subdivision a reference to the PSM Act Part 6
16 includes the regulations referred to in section 94 of that Act.
17 9. Transition of employment
18 (1) A person who, immediately before commencement day, was
19 an officer of a former Board under section 31 of the
20 repealed Act becomes, on commencement day --
21 (a) if the person was the chief executive officer of the
22 former Board -- the chief executive officer of the
23 relevant corporation as if appointed by the board of
24 the corporation, with the concurrence of the
25 Minister, under section 13 of the amended Act; or
26 (b) if paragraph (a) does not apply -- a member of staff
27 of the relevant corporation as if engaged by the
28 board of the corporation under section 15 of the
29 amended Act.
30 (2) Except as otherwise agreed by a person to whom
31 subclause (1) applies, the person's remuneration, existing,
32 accruing or accrued rights, rights under a superannuation
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Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 189
1 scheme or fund and continuity of service are not affected,
2 prejudiced or interrupted by the operation of subclause (1)
3 or the former Board ceasing to be an organisation under the
4 PSM Act.
5 (3) For the purposes of this clause, a person's service with a
6 former Board is to be taken to have been with the relevant
7 corporation.
8 (4) Except as provided by clause 11, the PSM Act Part 6 does
9 not apply in relation to the transition of the employment of a
10 person by this clause.
11 10. Election as to employment
12 (1) A person who becomes a member of staff of a corporation
13 because of clause 9(1)(b) may, by written notice given to the
14 corporation, elect to return to the Public Sector.
15 (2) A person cannot make an election if, immediately before
16 commencement day, the person was --
17 (a) employed under a contract of employment that has a
18 fixed term; or
19 (b) a casual employee or a seasonal employee.
20 (3) A person cannot make an election after the end of the period
21 of 2 years after commencement day.
22 (4) A person may withdraw an election at any time by giving
23 the corporation written notice to that effect.
24 (5) A person who makes an election and then withdraws it
25 cannot make another election.
26 11. Application of PSM Act Part 6 to persons who make an
27 election
28 (1) If a person makes an election under clause 10(1), the
29 PSM Act Part 6 applies in respect of the person until --
30 (a) the person is employed for an indefinite period in a
31 public sector body in accordance with that Part; or
page 74
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 189
1 (b) the person otherwise ceases to be a member of staff
2 of the corporation; or
3 (c) the person withdraws the election under
4 clause 10(4),
5 whichever occurs first.
6 (2) While the PSM Act Part 6 applies in respect of the person
7 under subclause (1), it applies, with any necessary changes,
8 as if --
9 (a) the person were an employee of an organisation
10 whose office, post or position in the organisation
11 has been abolished; and
12 (b) the office, post or position was at the same level of
13 classification as the substantive office, post or
14 position held by the person immediately before
15 commencement day; and
16 (c) the board of the corporation were the employing
17 authority of the person; and
18 (d) the person were registered under the Public Sector
19 Management (Redeployment and Redundancy)
20 Regulations 1994 Part 4.
21 12. Arrangements for return to the Public Sector
22 (1) If a person makes an election under clause 10(1) or
23 withdraws an election under clause 10(4), the corporation,
24 as soon as practicable, must give the Public Sector
25 Commissioner written notice of the election or the
26 withdrawal, as the case requires.
27 (2) If a person makes an election under clause 10(1), the
28 corporation and the Public Sector Commissioner must make
29 the necessary arrangements to facilitate the operation of
30 clause 11 in respect of the person.
31 (3) Subclause (4) applies if a person who makes an election
32 under clause 10(1) is employed for an indefinite period in a
33 public sector body in accordance with the PSM Act Part 6 as
34 applied by clause 11.
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Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 189
1 (4) The corporation must comply with any requirements in the
2 Treasurer's instructions issued under the Financial
3 Management Act 2006 section 78 relating to the making of
4 payments by an employing authority for liabilities relating
5 to employees whose employing authority changes as if --
6 (a) the corporation were an employing authority to
7 which those instructions applied; and
8 (b) the person were an employee to whom those
9 instructions applied.
10 (5) If a corporation incurs costs as a result of the operation of
11 this clause or clause 10 or 11, the Treasurer may pay an
12 amount to the corporation to reimburse the corporation for
13 any or all of those costs.
14 13. Contracts for services
15 (1) A person engaged by a former Board under a contract for
16 services that is in force immediately before commencement
17 day becomes, on commencement day, a person engaged by
18 the relevant corporation as if engaged under section 29(2)(f)
19 of the amended Act.
20 (2) Except as otherwise agreed by the person engaged under the
21 contract, the operation of subclause (1) does not affect the
22 terms and conditions of the contract.
23 Subdivision 4 -- Provisions as to accountability and
24 financial provisions
25 14. Strategic development plans
26 The first strategic development plan for a corporation under
27 Part 4 Division 1 is to be in respect of a period starting on
28 the day prescribed for the corporation for the purposes of
29 this clause.
30 15. Statements of corporate intent
31 The first statement of corporate intent for a corporation
32 under Part 4 Division 2 is to be in respect of the financial
33 year prescribed for the corporation for the purposes of this
34 clause.
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Water Corporation Act 1995 amended Part 7
s. 189
1 16. Financial reporting
2 (1) The first financial year in respect of which the reporting
3 requirements in Part 4 Division 3 apply to a corporation is to
4 be the financial year prescribed for the corporation for the
5 purposes of this clause.
6 (2) The Financial Management Act 2006 Part 5 Division 2
7 continues to apply to a corporation in respect of the financial
8 years ending before the financial year prescribed for the
9 corporation under subclause (1) as if the Water Services
10 Legislation Amendment and Repeal Act 2011 section 212
11 had not been enacted.
12 17. Water Funds
13 (1) In this clause --
14 bank has the meaning given in the Financial Management
15 Act 2006 section 3.
16 (2) An account that, immediately before commencement day,
17 was maintained by a former Board at a bank for the
18 purposes of section 111 of the repealed Act becomes, on
19 commencement day, an account for the relevant corporation
20 under section 73(1)(b) of the amended Act as if established
21 under that section with the approval of the Treasurer.
22 18. Payments to the State under Part 5 Division 2
23 (1) The first financial year in respect of which section 76
24 applies to a corporation is to be the financial year prescribed
25 for the corporation for the purposes of this subclause.
26 (2) The first financial year in respect of which section 79
27 applies to a corporation is to be the financial year prescribed
28 for the corporation for the purposes of this subclause.
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Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 189
1 Subdivision 5 -- Miscellaneous
2 19. References to former Boards
3 Unless the context otherwise requires, a reference in a
4 written law or other document or instrument to a former
5 Board includes a reference to the relevant corporation.
6 20. References to repealed Act
7 (1) Unless the context otherwise requires, a reference in a
8 written law or other document or instrument to the repealed
9 Act includes a reference to the amended Act.
10 (2) Unless the context otherwise requires, a reference in a
11 written law or other document or instrument to a provision
12 of the repealed Act (the old provision) includes, if there is a
13 provision of the amended Act (the new provision) that deals
14 with the matter dealt with by the old provision, a reference
15 to the new provision.
16 21. Transitional regulations
17 (1) The regulations may --
18 (a) deal with all matters of a savings or transitional
19 nature arising as a result of the enactment of the
20 Water Services Legislation Amendment and Repeal
21 Act 2011 Part 7 and of section 201; and
22 (b) clarify or vary the provisions of this Division; and
23 (c) amend or repeal subsidiary legislation
24 consequentially on enactment of the Water Services
25 Legislation Amendment and Repeal Act 2011 Part 7
26 and of section 201.
27 (2) Regulations made for the purposes of this clause may --
28 (a) be expressed to have effect despite another written
29 law; and
30 (b) provide that a specified provision of a written law
31 does not apply, or applies with specified
32 modifications, to or in relation to a matter.
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Water Corporation Act 1995 amended Part 7
s. 189
1 (3) The power in this clause to amend subsidiary legislation
2 made under another Act does not prevent that legislation
3 from being amended under that Act.
4 (4) If regulations made for the purposes of this clause provide
5 that a specified state of affairs is to be taken to have existed,
6 or not to have existed, on and from a day that is earlier than
7 the day on which the regulations are published in the
8 Gazette but not earlier than commencement day, the
9 regulations have effect according to their terms.
10 (5) If regulations contain a provision referred to in
11 subclause (4), the provision does not operate so as to --
12 (a) affect, in a manner prejudicial to any person (other
13 than the State, an authority of the State or a local
14 government), the rights of that person existing
15 before the day of publication of those regulations;
16 or
17 (b) impose liabilities on any person (other than the
18 State, an authority of the State or a local
19 government) in respect of anything done or omitted
20 to be done before the day of publication of those
21 regulations.
22 (6) Regulations made for the purposes of this clause in relation
23 to a matter referred to in subclause (2) must be made within
24 such period as is reasonably and practicably necessary to
25 deal with the transitional matters that arise as a result of the
26 enactment of the Water Services Legislation Amendment
27 and Repeal Act 2011 Part 7 and of section 201.
28 22. Relationship of provisions of this Division to transitional
29 regulations
30 The provisions of the regulations made for the purposes of
31 this Division prevail over the provisions of this Division to
32 the extent of any inconsistency.
33
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Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 190
1 190. Other provisions amended
2 Amend the provisions listed in the Table as set out in the Table.
3 Table
Provision Delete Insert
Pt. 2 heading Corporation corporations
Pt. 2 Div. 1 heading Water water
Corporation corporations
s. 5, 19(1) and (2), The corporation A corporation
27(4), 28, 29(1) and
(3), 30(1), 31(1),
35(1), 71(1), 80(1)
and (3), 82(1)
s. 6(2), 15(3), 19(4), of a corporation
25(3)
after "staff "
Pt. 2 Div. 2 heading Board Boards
s. 7(4)(a), 8, 9, of a corporation
12(1), 13(5), 16(1),
17(1), 24(1), 25(1),
26(1), 41(1) and (2),
44, 48(1) and (2),
50(1) and (2), 53,
56(3), 57(1), 62(1),
67, 84(1)
after "board"
s. 11(1) of a corporation
after "director"
(first occurrence)
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Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 190
Provision Delete Insert
s. 12(3), 19(1), 24(1) of the corporation
after "staff "
s. 13(2)(a), (4) and of a corporation
(6), 14
after "officer"
s. 13(2) and (4), of the corporation
68(2)(a)
after "board"
s. 13(5) of the corporation
after "officer"
(first occurrence)
s. 18, 57(2), 70(1), of a corporation
79(2) and (5)
after "board"
(first occurrence)
s. 19(4), 27(1), the corporation a corporation
32(1), 35(6), 37(1),
60(3), 61(2), 63,
71(1), 74, 79(1)(a),
83(4), 84(2), 86(1),
88(3), 89(3)
Pt. 3 heading of corporations
after "powers"
s. 27(2), 61(1), the corporation a corporation
64(1), 75, 81(6) and (first occurrence)
(7), 83(1)
s. 32(3) the corporation's a corporation's
page 81
Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 190
Provision Delete Insert
s. 32(3), 41(1), of the corporation
50(1), 68(2)(c) and
(4), 70(4)
after "subsidiary"
s. 60(4) of a corporation
after "subsidiary"
s. 61(1), 70(1) of the corporation
after "subsidiary"
(first occurrence)
s. 66(1)(a) of the corporation
after "board"
(first occurrence)
Sch. 1 cl. 2(1), 3(1) of a corporation
and (2), Sch. 2 cl. 3,
13(4), Sch. 3 cl. 5(1)
after "director"
Sch. 1 cl. 6(1), 9 of a corporation
after "board"
(first occurrence)
Sch. 1 cl. 6(2) and of a corporation
(5), 10, 11, Sch. 2
cl. 13(5)
after "board"
Sch. 1 cl. 8(1) of a corporation
after "directors"
(first occurrence)
page 82
Water Services Legislation Amendment and Repeal Bill 2011
Water Corporation Act 1995 amended Part 7
s. 190
Provision Delete Insert
Sch. 1 cl. 8(1), of the corporation
Sch. 2 cl. 13(1)
after "board"
Sch. 2 cl. 6(1), 13(1) of a corporation
and (2), 16(1), (2)
and (3)
after "director"
(first occurrence)
Sch. 2 cl. 13(2) of the corporation
after "subsidiary"
Sch. 2 cl. 14(1), The corporation A corporation
Sch. 3 cl. 4(1), 24(2)
Sch. 2 cl. 15(1) and The corporation or a A corporation or a
(5) subsidiary subsidiary of the
corporation
Sch. 2 cl. 15(2) and the corporation or a a corporation or a
(3) subsidiary subsidiary of the
corporation
Sch. 3 cl. 4(4), 17(a), the corporation a corporation
21, 23(2), 36, 38(1)
and (2), 45(4)
Sch. 3 cl. 17(b) of the corporation
after "officer"
Sch. 3 cl. 19, 45(1) the corporation a corporation
(first occurrence)
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Water Services Legislation Amendment and Repeal Bill 2011
Part 7 Water Corporation Act 1995 amended
s. 190
Provision Delete Insert
Sch. 3 cl. 24(3) of the corporation
after "directors"
1 Note: The heading to amended section 5 is to read:
2 Corporations not agents of Crown
page 84
Water Services Legislation Amendment and Repeal Bill 2011
Water Services Licensing Act 1995 amended Part 8
s. 191
1 Part 8 -- Water Services Licensing Act 1995 amended
2 191. Act amended
3 This Part amends the Water Services Licensing Act 1995.
4 192. Long title amended
5 In the long title delete "to establish a scheme for the licensing
6 of water services, to confer functions on the Economic
7 Regulation Authority in respect of that scheme and other
8 matters,".
9 193. Section 1 amended
10 In section 1 delete "Water Services" and insert:
11
12 Plumbers
13
14 194. Section 3 amended
15 (1) In section 3 delete the definitions of:
16 Authority
17 controlled area
18 inspector
19 irrigation
20 licence
21 licensee
22 operating licence
23 Registrar of Deeds
24 watercourse
25 water services
26 water services works
page 85
Water Services Legislation Amendment and Repeal Bill 2011
Part 8 Water Services Licensing Act 1995 amended
s. 195
1 (2) In section 3 in the definition of plumber delete "59I;" and
2 insert:
3
4 59I.
5
6 195. Parts 2, 3 and 4 deleted
7 Delete Parts 2, 3 and 4.
8 196. Section 62 amended
9 In section 62(1) delete "the expiry of 5 years from its
10 commencement." and insert:
11
12 every 5th anniversary of the commencement of the
13 Water Services Legislation Amendment and Repeal
14 Act 2011 section 191.
15
16 197. Schedules 1 and 2 deleted
17 Delete Schedules 1 and 2.
page 86
Water Services Legislation Amendment and Repeal Bill 2011
Repeals Part 9
s. 198
1 Part 9 -- Repeals
2 198. Drainage legislation repealed
3 These written laws are repealed:
4 (a) the Land Drainage Act 1925;
5 (b) the Land Drainage (Validation) Act 1996;
6 (c) the Land Drainage Regulations 1978;
7 (d) the Land Drainage By-laws 1986.
8 199. Irrigation legislation repealed
9 These written laws are repealed:
10 (a) the Carnarvon Irrigation District By-laws 1962;
11 (b) the Harvey, Waroona and Collie River Irrigation
12 Districts By-laws 1975;
13 (c) the Ord Irrigation District By-laws 1963;
14 (d) the Water Agencies (Preston Valley Irrigation Services)
15 By-laws 1969.
16 200. Sewerage legislation repealed
17 These written laws are repealed:
18 (a) the Country Towns Sewerage Act 1948;
19 (b) the Country Towns Sewerage By-laws 1952.
20 201. Water boards legislation repealed
21 These written laws are repealed:
22 (a) the Water Boards Act 1904;
23 (b) the Busselton Water Board (Supply of Water to
24 Dunsborough) Act 2009;
25 (c) the Water Boards (Bunbury) Regulations 1997;
26 (d) the Water Boards (Busselton) Regulations 2002;
27 (e) the Bunbury Water Board By-laws;
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Water Services Legislation Amendment and Repeal Bill 2011
Part 9 Repeals
s. 202
1 (f) the Busselton By-laws: Penalties;
2 (g) the Busselton Long Service Leave By-laws;
3 (h) the Busselton Water Area By-laws 1994;
4 (i) the Busselton Water Board - By-laws Relating to Long
5 Service Leave for Employees.
6 202. Other legislation repealed
7 These written laws are repealed:
8 (a) the Metropolitan Water Authority (Miscellaneous)
9 By-laws 1982;
10 (b) the Water Agencies (Charges) By-laws 1987;
11 (c) the Water Corporation (Authorised Capital)
12 Regulations 1997;
13 (d) the Water Services Licensing (Extension of Enactments)
14 Regulations 1997.
page 88
Water Services Legislation Amendment and Repeal Bill 2011
Other Acts amended Part 10
s. 203
1 Part 10 -- Other Acts amended
2 203. Aboriginal Heritage Act 1972 amended
3 (1) This section amends the Aboriginal Heritage Act 1972.
4 (2) In section 18(1a):
5 (a) in paragraph (b) delete "land." and insert:
6
7 land; or
8
9 (b) after paragraph (b) insert:
10
11 (c) the person is the holder of a licence under the
12 Water Services Act 2011 as a result of which
13 the person has rights or powers in respect of the
14 land.
15
16 204. Anglican Church of Australia (Diocesan Trustees) Act 1888
17 amended
18 (1) This section amends the Anglican Church of Australia
19 (Diocesan Trustees) Act 1888.
20 (2) In section 5A(6) delete "or the Metropolitan Water Supply,
21 Sewerage and Drainage Act 1909," and insert:
22
23 is not subject to statutory water service charges under
24 the Water Services Act 2011 unless the land is
25 connected to water service works as defined in
26 section 3(1) of that Act,
27
page 89
Water Services Legislation Amendment and Repeal Bill 2011
Part 10 Other Acts amended
s. 205
1 205. Building Services (Complaint Resolution and Administration)
2 Act 2011 amended
3 (1) This section amends the Building Services (Complaint
4 Resolution and Administration) Act 2011.
5 (2) In section 3 in the definitions of building service Act
6 paragraph (f), plumbing work and vocational regulatory body
7 paragraph (b) delete "Water Services" and insert:
8
9 Plumbers
10
11 (3) In section 92(5)(e) delete "Water Services" and insert:
12
13 Plumbers
14
15 206. Bulk Handling Act 1967 amended
16 (1) This section amends the Bulk Handling Act 1967.
17 (2) Delete section 52A.
18 207. Conservation and Land Management Act 1984 amended
19 (1) This section amends the Conservation and Land Management
20 Act 1984.
21 (2) In section 3 in the definition of public water catchment area:
22 (a) in paragraph (b)(ii) delete "1909; or" and insert:
23
24 1909;
25
26 (b) delete paragraph (b)(iii).
page 90
Water Services Legislation Amendment and Repeal Bill 2011
Other Acts amended Part 10
s. 208
1 (3) In section 53 in the definition of relevant water utility delete
2 paragraph (b) and insert:
3
4 (b) a licence under the Water Services Act 2011.
5
6 208. Constitution Acts Amendment Act 1899 amended
7 (1) This section amends the Constitution Acts Amendment Act 1899.
8 (2) In Schedule V Part 3 delete the item relating to the board of
9 directors of the Water Corporation and insert:
10
11 The board of directors of a corporation established by the Governor
12 under the Water Corporations Act 1995 section 4(4).
13 The board of directors of the Bunbury Water Corporation established
14 by the Water Corporations Act 1995 section 4(2).
15 The board of directors of the Busselton Water Corporation established
16 by the Water Corporations Act 1995 section 4(3).
17 The board of directors of the Water Corporation established by the
18 Water Corporations Act 1995 section 4(1).
19
20 (3) In Schedule V Part 3 in the item relating to the Plumbers
21 Licensing Board delete "Water Services" and insert:
22
23 Plumbers
24
25 (4) In Schedule V Part 3 delete the item relating to water board
26 constituted under the Water Boards Act 1904.
27 209. Economic Regulation Authority Act 2003 amended
28 (1) This section amends the Economic Regulation Authority
29 Act 2003.
page 91
Water Services Legislation Amendment and Repeal Bill 2011
Part 10 Other Acts amended
s. 209
1 (2) In section 20(5) in the definition of relevant entity:
2 (a) delete paragraphs (a) and (b) and insert:
3
4 (a) a body established by or under the Water
5 Corporations Act 1995 section 4, namely --
6 (i) the Water Corporation; or
7 (ii) the Bunbury Water Corporation; or
8 (iii) the Busselton Water Corporation; or
9 (iv) a body established by the Governor;
10 or
11
12 (b) in paragraph (c)(iii) delete "Corporation; and" and
13 insert:
14
15 Corporation; or
16
17 (3) In section 20 after subsection (1)(a) and in subsection (5) in the
18 definition of relevant entity after each of paragraph (c)(i)
19 and (ii) insert:
20
21 or
22
23 (4) In section 25(e) delete "section 4 of the Water Services
24 Licensing Act 1995; and" and insert:
25
26 the Water Services Act 2011 section 207; and
27
page 92
Water Services Legislation Amendment and Repeal Bill 2011
Other Acts amended Part 10
s. 210
1 210. Energy Operators (Powers) Act 1979 amended
2 (1) This section amends the Energy Operators (Powers) Act 1979.
3 (2) Delete section 42(2)(a) and insert:
4
5 (a) the powers, authorities and functions of a
6 licensee as defined in the Water Services
7 Act 2011 section 3(1), the Minister
8 administering the Water Agencies (Powers)
9 Act 1984 and any statutory authority within the
10 meaning of that Act; and
11
12 211. Environmental Protection Act 1986 amended
13 (1) This section amends the Environmental Protection Act 1986.
14 (2) In section 57(5) in the definition of designated area:
15 (a) in paragraph (b) delete "or Public Water Supply Area";
16 (b) in paragraph (c) delete "water-course, lake, lagoon,
17 swamp or marsh" and insert:
18
19 watercourse or wetland
20
21 (c) in paragraph (d) delete "section 26," and insert:
22
23 section 26B,
24
25 212. Financial Management Act 2006 amended
26 (1) This section amends the Financial Management Act 2006.
27 (2) In Schedule 1 delete "Bunbury Water Board".
28 (3) In Schedule 1 delete "Busselton Water Board".
page 93
Water Services Legislation Amendment and Repeal Bill 2011
Part 10 Other Acts amended
s. 213
1 213. Fire Brigades Act 1942 amended
2 (1) This section amends the Fire Brigades Act 1942.
3 (2) Delete sections 54 and 55.
4 (3) At the beginning of section 61 insert:
5
6 (1) In this section --
7 water services licensee means a licensee as defined in
8 the Water Services Act 2011 section 3(1).
9
10 (4) In section 61:
11 (a) delete "The Authority," and insert:
12
13 (2) The Authority,
14
15 (b) delete "water supply authority" and insert:
16
17 water services licensee
18
19 214. Fluoridation of Public Water Supplies Act 1966 amended
20 (1) This section amends the Fluoridation of Public Water Supplies
21 Act 1966.
22 (2) In section 5(2)(b) delete "Water Corporation Act 1995" and
23 insert:
24
25 Water Corporations Act 1995 section 4(1)
26
page 94
Water Services Legislation Amendment and Repeal Bill 2011
Other Acts amended Part 10
s. 215
1 215. Hale School Act 1876 amended
2 (1) This section amends the Hale School Act 1876.
3 (2) In section 12 delete "and the Metropolitan Water Supply,
4 Sewerage, and Drainage Act 1909" and insert:
5
6 and, if the land is not connected to water service works
7 as defined in the Water Services Act 2011 section 3(1),
8 from statutory water service charges under that Act
9
10 216. Health Act 1911 amended
11 (1) This section amends the Health Act 1911.
12 (2) In section 63A delete "Water Corporation established by the
13 Water Corporation Act 1995" and insert:
14
15 a licensee as defined in the Water Services Act 2011
16 section 3(1)
17
18 217. Home Building Contracts Act 1991 amended
19 (1) This section amends the Home Building Contracts Act 1991.
20 (2) In section 9(1):
21 (a) in paragraph (c) delete "Water Act," and insert:
22
23 Water Services Act 2011 section 82,
24
page 95
Water Services Legislation Amendment and Repeal Bill 2011
Part 10 Other Acts amended
s. 218
1 (b) in paragraph (d) delete "under the Water Act by the
2 Water Corporation (established by the Water
3 Corporation Act 1995)" and insert:
4
5 by a licensee under the Water Services
6 Act 2011 section 82
7
8 (3) Delete section 9(6).
9 218. Housing Act 1980 amended
10 (1) This section amends the Housing Act 1980.
11 (2) In section 38(1) after "government" insert:
12
13 or with the Water Services Act 2011
14
15 (3) In section 38(2) delete the definition of local government.
16 (4) In section 38(2) in the definition of additions delete "fittings;"
17 and insert:
18
19 fittings.
20
21 219. Kambalda Water and Wastewater Facilities (Transfer to Water
22 Corporation) Act 2004 amended
23 (1) This section amends the Kambalda Water and Wastewater
24 Facilities (Transfer to Water Corporation) Act 2004.
25 (2) In section 3 in the definition of Water Corporation delete
26 "section 4 of the Water Corporation Act 1995;" and insert:
27
28 the Water Corporations Act 1995 section 4(1);
29
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Water Services Legislation Amendment and Repeal Bill 2011
Other Acts amended Part 10
s. 220
1 220. Land Administration Act 1997 amended
2 (1) This section amends the Land Administration Act 1997.
3 (2) In section 159(eb) delete "Water Services Licensing Act 1995;"
4 and insert:
5
6 Water Services Act 2011;
7
8 (3) In section 160(1)(eb) delete "for the purposes of section 18 of
9 the Water Services Licensing Act 1995 or to any officer" and
10 insert:
11
12 under the Water Services Act 2011 section 11
13 or to any officer or employee
14
15 221. Parliamentary Commissioner Act 1971 amended
16 (1) This section amends the Parliamentary Commissioner Act 1971.
17 (2) In section 34(1) after "energy ombudsman scheme" insert:
18
19 or a water ombudsman scheme
20
21 (3) In section 34(4) delete "energy ombudsman".
22 (4) In section 34(5) delete "under the" and insert:
23
24 under an
25
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Water Services Legislation Amendment and Repeal Bill 2011
Part 10 Other Acts amended
s. 222
1 (5) In section 34(7) insert in alphabetical order:
2
3 water ombudsman scheme means a scheme approved
4 under the Water Services Act 2011 Part 4.
5
6 (6) In section 34(7) in the definition of governing body:
7 (a) after "ombudsman scheme" insert:
8
9 or a water ombudsman scheme
10
11 (b) delete "scheme." and insert:
12
13 scheme;
14
15 Note: The heading to amended section 34 is to read:
16 Energy and water ombudsman schemes
17 222. Planning and Development Act 2005 amended
18 (1) This section amends the Planning and Development Act 2005.
19 (2) Delete section 10(1)(c)(ii) and insert:
20
21 (ii) the chief executive officer of the
22 department principally assisting in the
23 administration of the Water Agencies
24 (Powers) Act 1984; and
25
26 (3) In section 167(1)(b)(ii) delete "Water Services Licensing
27 Act 1995," and insert:
28
29 Water Services Act 2011 section 3(1),
30
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Water Services Legislation Amendment and Repeal Bill 2011
Other Acts amended Part 10
s. 223
1 223. Presbyterian Church Act 1908 amended
2 (1) This section amends the Presbyterian Church Act 1908.
3 (2) In section 21(6) delete "1995 or the Metropolitan Water Supply,
4 Sewerage, and Drainage Act 1909" and insert:
5
6 1995, is not subject to statutory water service charges
7 under the Water Services Act 2011 unless the land is
8 connected to water service works as defined in
9 section 3(1) of that Act,
10
11 224. Public Sector Management Act 1994 amended
12 (1) This section amends the Public Sector Management Act 1994.
13 (2) Delete Schedule 1 item 19 and insert:
14
19 A body established by or under the Water Corporations
Act 1995 section 4, namely --
(i) the Water Corporation; and
(ii) the Bunbury Water Corporation; and
(iii) the Busselton Water Corporation; and
(iv) a body established by the Governor.
15
16 225. Public Works Act 1902 amended
17 (1) This section amends the Public Works Act 1902.
18 (2) In section 5A(e) delete "Water Corporation Act 1995" and
19 insert:
20
21 Water Services Act 2011
22
page 99
Water Services Legislation Amendment and Repeal Bill 2011
Part 10 Other Acts amended
s. 226
1 (3) In section 5B(1):
2 (a) in paragraph (c)(iii) delete "Corporation; and" and
3 insert:
4
5 Corporation; or
6
7 (b) in paragraph (d) delete "Water Corporation established
8 by the Water Corporation Act 1995 or an officer of that
9 corporation;" and insert:
10
11 holder of a licence granted under the Water
12 Services Act 2011 section 11 or to any officer
13 or employee of the holder of the licence;
14
15 226. Rates and Charges (Rebates and Deferments)
16 Act 1992 amended
17 (1) This section amends the Rates and Charges (Rebates and
18 Deferments) Act 1992.
19 (2) In section 3(1) delete the definition of Water Board.
20 (3) In section 3(1) in the definition of prescribed charge delete
21 paragraph (b)(i) and (ii) and insert:
22
23 (i) the Water Services Act 2011; or
24
25 (4) In section 3(1):
26 (a) in the definition of the pension means test after
27 paragraph (a)(i) insert:
28
29 and
30
31 (b) in the definition of dependant after each of
32 paragraphs (a) and (ab), the definition of eligibility after
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Water Services Legislation Amendment and Repeal Bill 2011
Other Acts amended Part 10
s. 227
1 each of paragraphs (a) and (a)(i) and (ii) and the
2 definition of prescribed charge after each of
3 paragraphs (a) and (b) insert:
4
5 or
6
7 (5) In section 16(4):
8 (a) delete "Water Board" (first occurrence) and insert:
9
10 prescribed licensee
11
12 (b) delete "Water Board" (second occurrence) and insert:
13
14 licensee
15
16 (6) After section 16(4) insert:
17
18 (5) In subsection (4) --
19 prescribed licensee means a licensee under the Water
20 Services Act 2011 (other than a body established by or
21 under the Water Corporations Act 1995 section 4 or a
22 local government) who is prescribed for the purposes
23 of subsection (4).
24
25 227. Residential Parks (Long-stay Tenants) Act 2006 amended
26 (1) This section amends the Residential Parks (Long-stay Tenants)
27 Act 2006.
28 (2) Delete Schedule 1 clause 15(c) and insert:
29
30 (c) the Water Services Act 2011, except a charge for the
31 volume of water consumed.
32
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Water Services Legislation Amendment and Repeal Bill 2011
Part 10 Other Acts amended
s. 228
1 228. Sentencing Act 1995 amended
2 (1) This section amends the Sentencing Act 1995.
3 (2) In Schedule 1 delete the item relating to the Land Drainage
4 Act 1925.
5 (3) In Schedule 1 delete the item relating to the Water Boards
6 Act 1904.
7 229. Soil and Land Conservation Act 1945 amended
8 (1) This section amends the Soil and Land Conservation Act 1945.
9 (2) In the Schedule:
10 (a) delete "Land Drainage Act 1925";
11 (b) after "Stock (Identification and Movement) Act 1970" insert:
12
13 Water Services Act 2011
14
15 230. State Records Act 2000 amended
16 (1) This section amends the State Records Act 2000.
17 (2) In Schedule 3 delete item 2 and insert:
18
19 2. A body established by or under the Water Corporations
20 Act 1995 section 4, namely --
21 (i) the Water Corporation; and
22 (ii) the Bunbury Water Corporation; and
23 (iii) the Busselton Water Corporation; and
24 (iv) a body established by the Governor.
25
26 (3) In Schedule 3 item 1 after each of subitems (i) and (ii) insert:
27
28 and
29
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Water Services Legislation Amendment and Repeal Bill 2011
Other Acts amended Part 10
s. 231
1 231. Statutory Corporations (Liability of Directors)
2 Act 1996 amended
3 (1) This section amends the Statutory Corporations (Liability of
4 Directors) Act 1996.
5 (2) In Schedule 1 delete the item relating to the Bunbury
6 Water Board.
7 (3) In Schedule 1 delete the item relating to the Busselton
8 Water Board.
9 232. Strata Titles Act 1985 amended
10 (1) This section amends the Strata Titles Act 1985.
11 (2) Delete section 60(4).
12 (3) In section 66 after "an authority" insert:
13
14 (including a licensee as defined in the Water Services
15 Act 2011 section 3(1))
16
17 (4) At the end of Part IV Division 5 insert:
18
19 67. Water service charges under the Water Services
20 Act 2011
21 For the purposes of this Division --
22 (a) a statutory water service charge (as defined in
23 the Water Services Act 2011 section 71(1)) that
24 applies in respect of land is to be taken to be a
25 rate made and levied by an authority (that is,
26 the licensee to whom the charge is payable);
27 and
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Water Services Legislation Amendment and Repeal Bill 2011
Part 10 Other Acts amended
s. 233
1 (b) the licensee is to be taken to be an authority
2 authorised to make and levy the rate on the
3 land.
4
5 233. Swan and Canning Rivers Management Act 2006 amended
6 (1) This section amends the Swan and Canning Rivers Management
7 Act 2006.
8 (2) In Schedule 5 item 1:
9 (a) delete subitem (m);
10 (b) in subitem (cc) delete "Water and Rivers Commission
11 Act 1995;" and insert:
12
13 Water Agencies (Powers) Act 1984;
14
15 (c) in subitem (dd) delete "Water Corporation Act 1995;" and
16 insert:
17
18 Water Corporations Act 1995;
19
20 (d) after subitem (dd) insert:
21
22 (eea) the Water Services Act 2011;
23
24 (3) In Schedule 5 item 16 delete "Water Services Licensing Act 1995."
25 and insert:
26
27 Water Services Act 2011 section 3(1).
28
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