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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Water Services Licensing (Water Conservation
Target) Amendment Bill 2008
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
025--1 page i
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon. Paul Llewellyn MLC)
Water Services Licensing (Water Conservation
Target) Amendment Bill 2008
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
2008
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 2008.
5 2. Commencement
This Act comes into operation upon Royal Assent.
page 2
Water Services Licensing (Water Conservation Target) Amendment Bill
2008
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
2008
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 2009 to
30 June 2010 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
2008
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 2007 to 30 June 2008.
(3) The water consumption target in respect of a water
supply scheme or area for each year from 1 July 2010
5 to 30 June 2021 (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
2008
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
2008
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
2008
Part 2 Amendment of Water Services Licensing Act 1995
s. 7
39(2a) of this Act as soon as is practicable after
31 December 2012.
(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
2008
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
2008
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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