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


WATER SERVICES LICENSING (WATER CONSERVATION TARGET) AMENDMENT BILL 2007

                      Western Australia


Water Services Licensing (Water Conservation
       Target) Amendment Bill 2007

                         CONTENTS


         Part 1 -- Preliminary
   1.    Short title                                           2
   2.    Commencement                                          2
         Part 2 -- Amendment of Water
              Services Licensing Act 1995
   3.    The Act amended                                       3
   4.    Section 3 amended                                     3
   5.    Sections 24A to 24C inserted                          4
         24A.     Licence condition: Water conservation
                  target                                  4
         24B.     Licence condition: Water conservation
                  target statement                        5
         24C.     Licence condition: Demand management
                  strategy                                6
   6.    Section 39 amended                                    7
   7.    Section 63 inserted                                   7
         63.      Review of sections                      7

         Part 3 -- Amendments to Water
              Corporation Act 1995
   8.    The Act amended                                       9
   9.    Section 3 amended                                     9
   10.   Section 27 amended                                    9
         Part 4 -- Amendments to Water
              Boards Act 1904
   11.   Section 6 amended                                    10



                             264--1                            page i
                           Western Australia


                      LEGISLATIVE COUNCIL

               (Introduced by Hon. Paul Llewellyn MLC)


Water Services Licensing (Water Conservation
       Target) Amendment Bill 2007


                               A Bill for


An Act to amend the Water Services Licensing Act 1995 to impose as
a condition of holding specified operating licences for water supply
services an obligation to meet a specified water conservation target,
and for incidental purposes.



The Parliament of Western Australia enacts as follows:




                                                                page 1
    Water Services Licensing (Water Conservation Target) Amendment Bill
    2007
    Part 1          Preliminary

    s. 1


                           Part 1 -- Preliminary
    1.       Short title
             This Act may be cited as the Water Services Licensing (Water
             Conservation Target) Amendment Act 2007.

5   2.       Commencement
             This Act comes into operation upon Royal Assent.




    page 2
          Water Services Licensing (Water Conservation Target) Amendment Bill
                                                                       2007
                 Amendment of Water Services Licensing Act 1995       Part 2

                                                                              s. 3


     Part 2 -- Amendment of Water Services Licensing Act
                          1995
     3.         The Act amended
                The amendments in this Part are to the Water Services Licensing
 5              Act 1995.

     4.         Section 3 amended
          (1)   Section 3 is amended by inserting after the definition of
                "inspector" --
                "
10                    "IWSS" means the integrated water supply scheme
                         located generally in the South West of Western
                         Australia and servicing the Perth metropolitan
                         area, towns in the Central Wheatbelt and
                         Kalgoorlie-Boulder, as expanded or altered from
15                       time to time;
                                                                                ".
          (2)   Section 3 is amended by inserting after the definition of
                "plumber" --
                "
20                    "prescribed operating licence" means an operating
                          licence (water supply services) held --
                          (a) by the Water Corporation established under
                                the Water Corporation Act 1995 in respect
                                of the IWSS;
25                        (b) by the Bunbury Water Board established
                                under the Water Boards Act 1904;
                          (c) by the Busselton Water Board established
                                under the Water Boards Act 1904; or
                          (d) any other license as is prescribed.
30                                                                              ".



                                                                            page 3
     Water Services Licensing (Water Conservation Target) Amendment Bill
     2007
     Part 2          Amendment of Water Services Licensing Act 1995

     s. 5


          (3)   Section 3 is amended by inserting after the definition of
                "Registrar of Deeds" --
                "
                      "water conservation services" means services that are
 5                       directed towards reducing water use, and without
                         limiting the meaning of that term include --
                         (a) providing services and incentives that
                                promote more efficient water use;
                         (b) promoting the development and use of water
10                              efficient products;
                         (c) providing information and education to
                                promote behavioural changes that reduce
                                water demand; and
                         (d) undertaking research and providing advice to
15                              government on measures to promote water
                                conservation;
                      "water conservation target" means a target referred
                         to in section 24A(2);
                                                                                ".

20   5.         Sections 24A to 24C inserted
                After section 24 the following sections are inserted --
     "
            24A.      Licence condition: Water conservation target
                (1)   It is a condition of every prescribed operating licence
25                    that the licensee must, in each year in which the
                      licensee holds such a licence, take action to achieve
                      consumption equal to or less than the water
                      conservation target for that year.
                (2)   The water conservation target in respect of a water
30                    supply scheme or area for the year from 1 July 2008 to
                      30 June 2009 is average per capita water consumption
                      that is 1.5% less than average per capita water


     page 4
     Water Services Licensing (Water Conservation Target) Amendment Bill
                                                                  2007
            Amendment of Water Services Licensing Act 1995       Part 2

                                                                            s. 5


                consumption for that water supply scheme or area for
                the year from 1 July 2006 to 30 June 2007.
          (3)   The water consumption target in respect of a water
                supply scheme or area for each year from 1 July 2009
 5              to 30 June 2020 (being a year commencing on 1 July
                and ending on 30 June) is 1.5% less than the water
                conservation target for that water supply scheme or
                area for the preceding year.
          (4)   For the purposes of this subsection, "per capita" refers
10              to the number of individuals living in the area serviced
                by the licensee.
          (5)   Different water conservation targets, in substitution for
                the water conservation targets referred to in this
                section, may be prescribed for particular operating
15              licences.

       24B.     Licence condition: Water conservation target
                statement
                It is a condition of every prescribed operating licence
                that the licensee must, as soon as is practicable after
20              1 July of each year, submit to the Authority a water
                conservation target statement for the year containing
                the following information --
                   (a) the total amount of water supplied by the
                         licensee in that year;
25                (b) the number of persons to whom water was
                         supplied by the licensee in that year; and
                   (c) any other information which is prescribed by
                         the regulations or which the Authority directs
                         the licensee to include.




                                                                      page 5
     Water Services Licensing (Water Conservation Target) Amendment Bill
     2007
     Part 2          Amendment of Water Services Licensing Act 1995

     s. 5


            24C.   Licence condition: Demand management strategy
                   It is a condition of every prescribed operating licence
                   that the licensee must --
                      (a) give due consideration to demand side
 5                          management as the basis for planning the future
                            provision of its services, including addressing
                            water leakage;
                     (b) by no later than 1 September each year, provide
                            a demand management strategy implementation
10                          report to the Authority that --
                             (i)   contains an estimate of past, current and
                                   projected water uses and distinguishes
                                   between residential, industrial,
                                   commercial, government and other uses;
15                          (ii)   describes the frequency and magnitude
                                   of expected supply deficiencies,
                                   including those arising as a result of
                                   wastage or loss, drought or emergency;
                           (iii)   identifies conservation measures
20                                 currently adopted and being practised;
                           (iv)    describes, costs and evaluates additional
                                   conservation measures;
                            (v)    describes future plans for water
                                   reclamation and strategies to alter water
25                                 use practices, including those relating to
                                   the installation of more efficient water
                                   appliances and devices by users;
                           (vi)    evaluates these plans in terms of their
                                   costs and contrasts with the cost of
30                                 alternative water supplies;
                           (vii)   prioritises and schedules the
                                   implementation of courses of action
                                   found to be cost effective; and


     page 6
          Water Services Licensing (Water Conservation Target) Amendment Bill
                                                                       2007
                 Amendment of Water Services Licensing Act 1995       Part 2

                                                                                      s. 6


                                  (viii)   identifies strategies for reducing water
                                           use.
                                                                                       ".

     6.              Section 39 amended
 5        (1)        After section 39(2) the following subsection is inserted --
                "
                    (2a)   In considering the exercise of its discretion under
                           subsection (2)(b) to order a licensee to pay a monetary
                           penalty for a contravention of the license condition in
10                         section 24A the Authority must have regard to --
                             (a) the effects of weather on water usage;
                             (b) any previous contraventions of section 24A by
                                   the licensee;
                             (c) any amount by which the licensee has failed to
15                                 meet the water conservation target under
                                   section 24A in any previous year;
                             (d) any amount by which the licensee has
                                   surpassed the water conservation target under
                                   section 24A in any previous year;
20                           (e) the content of any demand management
                                   strategy implementation report provided by the
                                   licensee under section 24C; and
                              (f) any other factor which the Authority considers
                                   relevant.
25                                                                                     ".

     7.              Section 63 inserted
                     After section 62 the following section is inserted --
     "
            63.            Review of sections
30                   (1)   The Minister is to carry out a review of the operation
                           and effectiveness of sections 24A, 24B, 24C and


                                                                                  page 7
    Water Services Licensing (Water Conservation Target) Amendment Bill
    2007
    Part 2          Amendment of Water Services Licensing Act 1995

    s. 7


                   39(2a) of this Act as soon as is practicable after
                   31 December 2010.
             (2)   The Minister is to prepare a report based on the review
                   and, as soon as is practicable, is to cause it to be laid
5                  before each House of Parliament.
                                                                               ".




    page 8
           Water Services Licensing (Water Conservation Target) Amendment Bill
                                                                        2007
                  Amendment of Water Services Licensing Act 1995       Part 3

                                                                                   s. 8


     Part 3 -- Amendments to Water Corporation Act 1995
     8.         The Act amended
                The amendments in this Part are to the Water Corporation Act
                1995.

 5   9.         Section 3 amended
                Section 3 is amended by inserting after the definition of
                "Treasurer" --
                "
                      "water conservation services" means services that are
10                       directed towards reducing water use, and without
                         limiting the meaning of that term include --
                         (a) providing services and incentives that
                                promote more efficient water use;
                         (b) promoting the development and use of water
15                              efficient products;
                            (c)     providing information and education to
                                    promote behavioural changes that reduce
                                    water demand; and
                            (d)     undertaking research and providing advice to
20                                  government on measures to promote water
                                    conservation.
                                                                                    ".

     10.        Section 27 amended
                After section 27(1)(b) the following subsection is inserted --
25                   "
                         (ba)     to promote water conservation and provide, or
                                  cause to be provided, water conservation
                                  services;
                                                                                    ".



                                                                             page 9
     Water Services Licensing (Water Conservation Target) Amendment Bill
     2007
     Part 4          Amendments to Water Boards Act 1904

     s. 11


           Part 4 -- Amendments to Water Boards Act 1904
     11.         Section 6 amended
                 After section 6(4) the following subsections are inserted --
             "
 5               (5)   Without limiting in any way the functions and powers
                       of water boards constituted under this Act, it is a
                       function of every water board to promote water
                       conservation and provide, or cause to be provided,
                       water conservation services and every water board
10                     should have such powers as are necessary or
                       convenient to carry out that function.
                 (6)   In this section "water conservation services" means
                       services that are directed towards reducing water use,
                       and without limiting the meaning of that term
15                     include --
                         (a) providing services and incentives that promote
                                more efficient water use;
                         (b) promoting the development and use of water
                                efficient products;
20                       (c) providing information and education to
                                promote behavioural changes that reduce water
                                demand; and
                         (d) undertaking research and providing advice to
                                government on measures to promote water
25                              conservation.
                                                                                ".




 


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