Water Services Legislation Amendment and Repeal Act 2012
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
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
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
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 Governor35
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
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 reserves57
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
Schedule 5 — Transitional provisions
Division 1 — Transitional provisions relating to Water Services Legislation Amendment and Repeal Act 2012
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 200972
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
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 amended90
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 amended94
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 amended96
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
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 amended101
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 2012 103
233. Swan and Canning Rivers Management Act 2006 amended 104
Water Services Legislation Amendment and Repeal Act 2012
No. 25 of 2012
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.
[Assented to 3 September 2012]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This is the Water Services Legislation Amendment and Repeal Act 2012.
2. Commencement
This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
Part 2 — Country Areas Water Supply Act 1947 amended
3. Act amended
This Part amends the Country Areas Water Supply Act 1947.
4. Long title amended
In the long title delete the passage that begins with “to make” and ends with “areas,”.
5. Section 5 amended
In section 5(1) delete the definitions of:
Corporation
country water area
farm land
metropolitan area
officer
water board
Water Boards Act
Water Supply Act
water supply charge
6. Section 6 deleted
Delete section 6.
7. Section 8 deleted
Delete section 8.
8. Section 11 amended
(1) In section 11(1):
(a) delete “Land Drainage Act 1925,” and insert:
Water Services Act 2012,
(b) delete “the Corporation” and insert:
a licensee (as defined in the Water Services Act 2012 section 3(1))
(2) In section 11(2) delete “The Corporation” and insert:
A licensee
9. Section 12A inserted
After section 11 insert:
12A. Penalty for diverting or taking water
Any person who, other than with the authority of the Minister or under another written law, diverts water from any watercourse or source of supply within any catchment area or water reserve or does any act by which the watercourse or source of supply may be diverted or diminished in quantity or injured in quality or purity is guilty of an offence.
Penalty:
(a) for an individual — a fine of $10 000;
(b) for a body corporate — a fine of $20 000.
10. Parts IV, V, VI and VII deleted
Delete Parts IV, V, VI and VII.
11. Section 105 amended
Delete section 105(1)(b), (c) and (d).
12. Section 108 amended
In section 108 delete “Minister or the Corporation,” and insert:
Minister,
13. Section 111 amended
In section 111 delete “or the Corporation”.
14. Section 112 replaced
Delete section 112 and insert:
112. Obstructing Minister, officers or authorised persons in performance of duty
A person who obstructs —
(a) the Minister; or
(b) an officer of the Department; or
(c) a person authorised by the Minister,
in the performance of any act or thing which the Minister, officer or person is authorised or required to do in the execution of this Act or any regulation or by‑law made for the purposes of this Act commits an offence.
Penalty: a fine of $5 000.
15. Section 113 amended
In section 113(1) delete “or the Corporation,”.
16. Section 115 amended
(1) Delete section 115(1) and insert:
(1) Proceedings for an offence against this Act may only be taken by the Minister or an officer of the Department or a person authorised to do so by the Minister.
(2) In section 115(3) delete “sections 46 and” and insert:
section
17. Section 116 deleted
Delete section 116.
18. Section 121 amended
In section 121 delete “or the chief executive officer of the Corporation”.
Note: The heading to amended section 121 is to read:
Certificate of CEO evidence of certain facts
19. Section 122 deleted
Delete section 122.
Part 3 — Metropolitan Water Authority Act 1982 amended
20. Act amended
This Part amends the Metropolitan Water Authority Act 1982.
21. Long title replaced
Delete the long title and insert:
An Act to provide for an Arterial Drainage Scheme and the declaration of drainage courses.
22. Section 1 amended
In section 1 delete “Water Authority” and insert:
Arterial Drainage
23. Section 4 amended
(1) In section 4(1) delete the definitions of:
channel
Corporation
drain
drainage area
drainage works
main drain
underground water
works
(2) In section 4(1) insert in alphabetical order:
drainage assets has the meaning given in the Water Services Act 2012 section 108;
licensee has the meaning given in the Water Services Act 2012 section 3(1).
(3) In section 4(1) in the definition of arterial drain:
(a) delete “drain” and insert:
drainage asset
(b) delete “such” and insert:
an arterial drain
(4) Delete section 4(2).
24. Part IV deleted
Delete Part IV.
25. Section 98 amended
(1) In section 98(1) delete “the Corporation,” and insert:
all relevant licensees,
(2) Delete section 98(2)(g) and insert:
(g) any other matter or thing prescribed by regulations made under the Water Agencies (Powers) Act 1984 for the purposes of this section.
(3) Delete section 98(3)(a), (b) and (c) and insert:
(a) the classification of drainage assets as arterial drains; and
(4) In section 98(4) delete “the Corporation” and insert:
all relevant licensees
(5) In section 98(5):
(a) delete “works” and insert:
drainage assets
(b) delete “the Corporation,” and insert:
relevant licensees,
(6) In section 98(2) after each of paragraphs (a) to (e) insert:
and
26. Section 99 amended
(1) In section 99(1):
(a) delete “drainage works” and insert:
drains
(b) delete “thereof, or responsibility for particular works” and insert:
of an arterial drain
(2) Delete section 99(2).
(3) In section 99(4):
(a) in paragraph (a) delete “drains” (first and third occurrences) and insert:
drainage assets
(b) in paragraph (d) delete “the Corporation” and insert:
all relevant licensees
(c) in paragraph (d) delete “drain” (third occurrence) and insert:
drainage asset
(d) in paragraph (e) delete “the Corporation” and insert:
the licensees
27. Part IX Divisions 3 and 4 deleted
Delete Part IX Divisions 3 and 4.
28. Section 106 amended
(1) In section 106(1):
(a) delete “main drain or arterial drain, or proposed main drain or proposed arterial drain,” and insert:
drainage asset or proposed drainage asset,
(b) delete “works” and insert:
asset
(2) In section 106(2)(a) and (c) delete “the Corporation” and insert:
all relevant licensees
(3) In section 106(6)(a) delete “drainage works; but” and insert:
arterial drainage; but
29. Section 107 amended
(1) Delete section 107(1).
(2) In section 107(2):
(a) delete “may” (first occurrence) and insert:
must
(b) delete “course and may give advice and issue guidelines to the planning authority in accordance with section 66 of the Water Agencies (Powers) Act 1984.” and insert:
course.
(3) In section 107(4) delete “Part IV of the Water Agencies (Powers) Act 1984.” and insert:
the Water Services Act 2012 Part 5 Division 3.
30. Section 108 deleted
Delete section 108.
Part 4 — Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended
31. Act amended
This Part amends the Metropolitan Water Supply, Sewerage, and Drainage Act 1909.
32. Section 5 amended
(1) In section 5(1) delete the definitions of:
aquifer
artesian bore
Corporation
officer
prescribed
sewerage charge
sewerage works
water charge
water supply charge
waterworks
(2) In section 5(1) in the definition of watercourse delete “(c);” and insert:
(c).
(3) Delete section 5(2).
33. Section 14 amended
(1) In section 14(1) delete “the Corporation” and insert:
a licensee (as defined in the Water Services Act 2012 section 3(1))
(2) In section 14(2) delete “The Corporation” and insert:
A licensee
34. Section 16 amended
In section 16(c) delete “Act” and insert:
act
35. Part V deleted
Delete Part V.
36. Part VI heading replaced
Delete the heading to Part VI and insert:
Part VI — The protection of underground water
37. Part VI Divisions 1 and 2 deleted
Delete Part VI Divisions 1 and 2.
38. Part VI Division 3 heading deleted
Delete the heading to Part VI Division 3.
39. Section 57B amended
(1) In section 57B(1)(a) delete “water under this Act;” and insert:
water;
(2) In section 57B(3) delete “Act” and insert:
act
40. Part VI Division 4 deleted
Delete Part VI Division 4.
41. Parts VII and VIII deleted
Delete Parts VII and VIII.
42. Section 146 amended
In section 146(1):
(a) in paragraph (d) delete “banks;” and insert:
banks.
(b) delete paragraphs (e) to (m).
43. Section 148 deleted
Delete section 148.
44. Sections 150 to 152 deleted
Delete sections 150 to 152.
45. Section 153 amended
In section 153 delete “or the Corporation”.
46. Sections 154 and 155 deleted
Delete sections 154 and 155.
47. Section 156 replaced
Delete section 156 and insert:
156. Obstructing Minister, officers or authorised persons in performance of duty
A person who obstructs —
(a) the Minister; or
(b) an officer of the Department; or
(c) a person authorised by the Minister,
in the performance of any act or thing which the Minister, officer or person is authorised or required to do in the execution of the Metropolitan Arterial Drainage Act 1982 or this Act commits an offence.
Penalty: a fine of $5 000.
48. Section 157 amended
In section 157:
(a) delete “or the Corporation,”;
(b) delete “the Metropolitan Water Authority Act 1982 or”.
49. Section 158 amended
In section 158 delete “the Metropolitan Water Authority Act 1982 or”.
50. Section 158A amended
In section 158A delete “the Metropolitan Water Authority Act 1982 or”.
51. Section 159 amended
Delete section 159(1) and insert:
(1) Proceedings for an offence against this Act may only be taken by the Minister or an officer of the Department or a person authorised to do so by the Minister.
52. Section 161 deleted
Delete section 161.
53. Section 165 amended
In section 165 delete “Water Agencies (Powers) Act 1984, the Metropolitan Water Authority Act 1982” and insert:
Water Agencies (Powers) Act 1984
54. Section 166 deleted
Delete section 166.
55. Schedule 9 deleted
Delete Schedule 9.
Part 5 — Rights in Water and Irrigation Act 1914 amended
56. Act amended
This Part amends the Rights in Water and Irrigation Act 1914.
57. Long title amended
In the long title delete “water resources, to provide for irrigation schemes,” and insert:
water resources,
58. Section 2 amended
In section 2(1) delete the definitions of:
Corporation
irrigation charge
officer
water charge
59. Section 26GZJ amended
(1) In section 26GZJ(2) delete “an operating” and insert:
a water services
(2) Delete section 26GZJ(3) and insert:
(3) In subsection (2) —
water services licence means a licence under the Water Services Act 2012 that authorises the provision of a water supply service or an irrigation service.
60. Section 27 amended
(1) Delete section 27(1)(ga) and insert:
(ga) charges that are to be paid by the holder of a water services licence (as defined in section 26GZJ(3)) in respect of water taken under a licence issued under this Act; and
(2) In section 27(1) after each of paragraphs (e) to (g) and (h) insert:
and
61. Section 33 deleted
Delete section 33.
62. Section 35 amended
In section 35 delete “or the Corporation, or against any officer of the Corporation, or contractor under the Crown or the Corporation,” and insert:
or against any contractor under the Crown,
63. Section 36 amended
(1) In section 36(1) delete “or the Corporation”.
(2) Delete section 36(2).
64. Section 37 amended
In section 37 delete “or the Corporation”.
65. Section 38 amended
In section 38 delete “or the Corporation” (each occurrence).
66. Parts VII and X deleted
Delete Parts VII and X.
67. Section 63 deleted
Delete section 63.
68. Section 66 amended
In section 66(3) delete “or the Corporation, as the case requires,”.
69. Section 69 amended
In section 69 delete “Crown, the Corporation” and insert:
Crown
70. Section 70 amended
In section 70:
(a) delete “the Corporation,” (each occurrence);
(b) delete “or the Corporation” (each occurrence).
71. Section 71 amended
In section 71 delete “or the Corporation,”.
72. Section 75 deleted
Delete section 75.
73. Section 79A amended
In section 79A delete “or the chief executive officer of the Corporation, as the case requires,”.
74. Schedule 1 Appendix amended
In Schedule 1 Appendix:
(a) in item 1(b) delete “an operating licence under the Water Services Licensing Act 1995.” and insert:
a licence under the Water Services Act 2012.
(b) in item 10 delete “Commission,” and insert:
Minister or the CEO,
Part 6 — Water Agencies (Powers) Act 1984 amended
75. Act amended
This Part amends the Water Agencies (Powers) Act 1984.
76. Long title amended
In the long title delete “powers, to give the Water Corporation powers, to make other provisions in respect of their functions,” and insert:
powers, to make other provisions in respect of the Minister’s functions,
77. Section 3 amended
(1) In section 3(1) delete the definitions of:
charge
Corporation
gross rental value
local authority
officer
unimproved value
valuation
waste
(2) In section 3(1) in the definition of statutory authority delete “Minister, the CEO or the Corporation,” and insert:
Minister or the CEO,
(3) In section 3(1) in the definition of works delete “by the Corporation for the purposes of water services or”.
78. Section 5 amended
(1) In section 5(1):
(a) in paragraph (a) delete “Water Authority” and insert:
Arterial Drainage
(b) in paragraph (f) delete “1947;” and insert:
1947.
(c) delete paragraphs (d), (e), (g), (h) and (i).
(2) After section 5(1) insert:
(2) In a provision of this Act that has effect by reference to a past event or status, a reference to a relevant Act includes a reference to an Act referred to subsection (1) as in force immediately before the commencement of the Water Services Legislation Amendment and Repeal Act 2012 section 78.
79. Section 8 amended
In section 8:
(a) delete “Corporation, or the”;
(b) delete “Corporation or the” (each occurrence).
Note: The heading to amended section 8 is to read:
Vesting interest in land in Minister
80. Section 10 amended
Delete section 10(2).
Note: The heading to amended section 10 is to read:
Functions and powers of Minister — relation to other functions and powers
81. Section 14 amended
In section 14(12) in the definition of water services licensee delete “section 3 of the Water Services Licensing Act 1995.” and insert:
the Water Services Act 2012 section 3(1).
82. Section 34 amended
(1) In section 34(1) delete “or the Corporation of their respective functions” and insert:
of functions
(2) In section 34(3):
(a) in paragraph (g) delete “watercourse;” and insert:
watercourse.
(b) delete paragraphs (h), (i), (j), (k), (l) and (n).
83. Part III heading replaced
Delete the heading to Part III and insert:
Part III — Liability, indemnity etc.
84. Part III Divisions 1A and 2 deleted
Delete Part III Divisions 1A and 2.
85. Part III Division 6 heading deleted
Delete the heading to Part III Division 6.
86. Parts IV and V deleted
Delete Parts IV and V.
87. Section 70 amended
In section 70(2) delete “or a person authorised by the Corporation”.
88. Section 71 amended
(1) Delete section 71(1)(a)(i).
(2) In section 71(3):
(a) delete “Minister, or the Corporation by its officers or agents,” and insert:
Minister
(b) delete “or the Corporation” (second occurrence).
89. Section 72 amended
In section 72(6):
(a) delete “or the Corporation” (first occurrence);
(b) delete “or the Corporation by its officers,”.
90. Section 73 amended
In section 73(1):
(a) delete “Minister or the Corporation, an officer of the Department or the Corporation or any other person who pursuant to section 3(3) is deemed to be authorised to exercise a power of the Minister or the Corporation,” and insert:
Minister, an officer of the Department or any other person who pursuant to section 3(3) is deemed to be authorised to exercise a power of the Minister,
(b) in paragraph (b) delete “Minister or the Corporation, any property sewer or any fixture or fitting; or” and insert:
Minister; or
(c) delete paragraphs (c) and (d);
(d) delete “or the Corporation” (second and third occurrences).
91. Section 78 amended
(1) In section 78(1):
(a) delete “or the Corporation” (first and third occurrences);
(b) delete “Commission, the Minister or the Corporation” and insert:
Commission or the Minister
(2) In section 78(2) delete “Commission, the Minister or the Corporation” and insert:
Commission or the Minister
92. Section 82 amended
Delete section 82(1a).
93. Section 83 amended
(1) Delete section 83(1).
(2) In section 83(2) delete “subsections (1) and (1a)” and insert:
subsection (1a)
94. Section 84 amended
Delete section 84(1).
95. Section 85 deleted
Delete section 85.
96. Section 86 amended
In section 86 in the definition of major works delete paragraph (b) and insert:
(b) such other works as the Minister considers, by virtue of their location, size or nature, to be of sufficient public interest to require public advertisement and that an opportunity to object or comment thereon should be given.
97. Section 87 amended
Delete section 87(1).
98. Section 88 amended
In section 88(1) delete “works, and the Corporation must, before submitting proposals to the Minister for the carrying out, construction or provision of major”.
99. Section 89 amended
Delete section 89(3) and insert:
(3) Where the Minister so determines, and whether or not by reason of objections or comments received, the Minister may amend the proposal by making alterations to the plans or proposals so deposited and advise the persons who are, in the opinion of the Minister, likely to be affected by such alterations.
100. Section 90 deleted
Delete section 90.
101. Section 91 amended
Delete section 91(1), (2) and (3).
102. Section 95 amended
Delete section 95(1), (2), (3) and (4).
103. Section 97 amended
Delete section 97(4) and insert:
(4) Where the Minister is satisfied that a deviation or modification of a kind to which subsection (1), (2) or (3) does not apply —
(a) is not inconsistent with the general proposal; and
(b) is necessary in the public interest; and
(c) does not adversely affect the interest of any person who is the owner or occupier of the land where the works are to be situate,
the Minister may carry out the works as so varied, despite the provisions of sections 88 and 89, or 93, 94 and 95, not having been complied with.
104. Part VIII Divisions 3 and 4 deleted
Delete Part VIII Divisions 3 and 4.
105. Section 103 amended
In section 103(11) delete “Corporation shall” and insert:
chief executive officer of a water corporation (as defined in section 106(1A)) must
106. Section 106 amended
(1) Before section 106(1) insert:
(1A) In this section —
water corporation means a corporation as defined in the Water Corporations Act 1995 section 3(1).
(2) In section 106(1) delete “the Water Corporation or a water board” and insert:
a water corporation
(3) Delete section 106(4).
107. Section 111 amended
Delete section 111(4).
108. Section 112 amended
Delete section 112(3)(a).
109. Various references to “Corporation” amended
In the provisions listed in the Table:
(a) delete “or the Corporation” (each occurrence);
(b) delete “or the Corporation’s”;
(c) delete “or Corporation”.
Table
|
s. 3(3) |
s. 34(3)(b) |
|
s. 36(1)(c), (3), (4), (6) and (7) |
s. 62(1) and (3) |
|
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) |
|
Note: The heading to amended section 81 is to read:
Claims against Crown for use of land and application of Public Works Act 1902
Note: The heading to amended section 96 is to read:
Minister to carry out exempt works
Part 7 — Water Corporation Act 1995 amended
110. Act amended
This Part amends the Water Corporation Act 1995.
111. Long title amended
In the long title delete “establish a corporation” and insert:
establish, and to provide for the establishment of, corporations
112. Section 1 amended
In section 1 delete “Corporation” and insert:
Corporations
113. Section 3 amended
(1) In section 3(1) delete the definitions of:
board
chief executive officer
corporation
director
member of staff
non‑executive director
water service
(2) In section 3(1) insert in alphabetical order:
board, of a corporation, means the board of directors of the corporation under section 7;
Bunbury Water Corporation means the body established by section 4(2);
Busselton Water Corporation means the body established by section 4(3);
chief executive officer, of a corporation, means the person holding the office of chief executive officer of the corporation under section 13 and, except in section 13, includes an acting chief executive officer under section 13(5);
corporation means —
(a) a body established by section 4(1), (2) or (3); or
(b) a body established by the Governor under section 4(4);
director, of a corporation, means a member of the board of the corporation;
member of staff, of a corporation, means a person engaged by the board of the corporation under section 15;
Water Corporation means the body established by section 4(1);
water service has the meaning given in the Water Services Act section 3(1);
Water Services Act means the Water Services Act 2012.
(3) In section 3(1) in the definition of executive officer:
(a) delete “officer means” and insert:
officer, of a corporation, means
(b) delete “the” (first occurrence).
(4) In section 3(1) in the definition of subsidiary delete “subsidiary means —” and insert:
subsidiary, of a corporation, means —
114. Section 4 amended
Delete section 4(2), (3) and (4) and insert:
(2) There is established a body called the Bunbury Water Corporation.
(3) There is established a body called the Busselton Water Corporation.
(4) The Governor may, by order published in the Gazette, establish a body with the name specified in the order.
(5) The Governor cannot establish a body under subsection (4) without the concurrence of the Treasurer.
Note: The heading to amended section 4 is to read:
Water corporations established
115. Section 5A inserted
After section 4 insert:
5A. Nature of corporations
(1) Each corporation is a body corporate with perpetual succession.
(2) Proceedings may be taken by or against a corporation in its corporate name.
(3) A corporation may use, and operate under, one or more trading names approved by the Minister being —
(a) an abbreviation or adaptation of its corporate name; or
(b) a name other than its corporate name.
116. Section 6 amended
Delete section 6(1) and insert:
(1) A corporation is not, and is not to become, a public sector body under the Public Sector Management Act 1994.
Note: The heading to amended section 6 is to read:
Corporations and officers not part of public sector
117. Section 7A inserted
At the end of Part 2 Division 1 insert:
7A. Dissolution of bodies established by Governor
(1) The Governor may, with the concurrence of the Treasurer, by order published in the Gazette, dissolve a body established under section 4(4).
(2) The order may deal with anything to be done, or that occurs, because of the dissolution of the body, including any of the following —
(a) the assignment or disposal of assets of the body, including assets that are on, in, over or under land that is not the property of the body;
(b) the assignment or discharge of liabilities of the body;
(c) the substitution of a specified person for the body as a party to specified proceedings;
(d) the modification of specified agreements and instruments (other than enactments) referring to the body;
(e) proceedings and remedies that might have been commenced by, or available to or against, the body being commenced by, or becoming available to or against, a specified person;
(f) any act, matter or thing done or omitted to be done by, to or in respect of the body before the dissolution;
(g) the taking possession of books, documents or other records, however compiled or stored, relating to the operations of the body;
(h) the making and submission of any outstanding reports under Part 4 Division 3 and a final report in respect of the body;
(i) the continuation of the body with the powers that are necessary or convenient for the purposes of doing anything under the order (including making and submitting the reports referred to in paragraph (h));
(j) the exemption from any State tax of anything that occurs by operation of, or under, the order.
(3) In subsection (2) —
specified means specified in the order.
(4) Anything that occurs by operation of, or under, the order does not give rise to a breach of an existing right or obligation (whether contractual or not) or any remedy that did not already exist.
118. Section 7 amended
(1) Delete section 7(1) and insert:
(1) Each corporation is to have a board of directors comprising 6 or 7 persons appointed by the Governor on the nomination of the Minister.
(2A) The chief executive officer of a corporation may be a director of the corporation.
(2B) A member of staff of a corporation cannot to be a director of the corporation.
(2) In section 7(2):
(a) after “board” (first occurrence) insert:
of a corporation
(b) delete paragraph (b) and insert:
(b) in the case of a nomination for appointment to the board of a regional water corporation — the nominee is a person ordinarily resident in an operating area of the corporation so far as is necessary for the majority of the directors of the corporation, at the time of the appointment, to be persons so resident.
(3) After section 7(2) insert:
(3A) In subsection (2)(b) —
operating area, of a corporation, means an operating area of a licence held by the corporation under the Water Services Act;
regional water corporation means the Bunbury Water Corporation or the Busselton Water Corporation.
(3B) The Minister need only comply with subsection (2)(b) to the extent practicable.
(4) In section 7(3) delete “an office of non‑executive director” and insert:
the membership of the board of a corporation
119. Section 10 amended
(1) Before section 10(1) insert:
(1A) This section applies to a director of a corporation who is not the chief executive officer of the corporation.
(2) In section 10(1) delete “A non‑executive” and insert:
The
(3) In section 10(2) delete “a non‑executive director who” and insert:
the director if he or she
120. Section 13 amended
Delete section 13(1) and insert:
(1) Each corporation must have a chief executive officer.
121. Section 15 amended
Delete section 15(1) and insert:
(1) The power to engage and manage the staff of a corporation is vested in its board.
122. Section 20 amended
In section 20:
(a) in paragraph (a) delete “directors;” and insert:
directors of a corporation; and
(b) in paragraph (b) delete “the corporation” and insert:
a corporation
123. Section 21 amended
(1) Delete section 21(1) and (2) and insert:
(1) Schedule 2 clauses 2 to 11, 15 and 16 apply to the chief executive officer of a corporation as if references to a director were replaced by references to a chief executive officer.
(2) Schedule 2 clauses 4 and 7 to 11 apply to a former executive officer of a corporation as if references to a former director were replaced by references to a former chief executive officer.
(3A) The application of the clauses referred to in subsections (1) and (2) to the chief executive officer and a former chief executive officer, respectively, is in addition to any application those clauses have to the person in the capacity of director or former director of the corporation.
(2) In section 21(3) delete “chief executive officer or a former chief executive officer” and insert:
person
124. Section 22 amended
(1) In section 22(1) delete “Clauses 2 to 5, 7 to 11, 15 and 16 of Schedule 2 apply to an executive officer” and insert:
Schedule 2 clauses 2 to 5, 7 to 11, 15 and 16 apply to an executive officer of a corporation
(2) In section 22(2) delete “Clauses 4 and 7 to 11 of Schedule 2 apply to a former executive officer” and insert:
Schedule 2 clauses 4 and 7 to 11 apply to a former executive officer of a corporation
125. Section 23 replaced
Delete section 23 and insert:
23. Members of staff, duties imposed
(1) In this section —
former member of staff means a former member of staff other than a former executive officer;
member of staff means a member of staff other than an executive officer.
(2) Schedule 2 clauses 4, 5 and 7 to 11 apply to a member of staff as if references to a director were replaced by references to a member of staff.
(3) Schedule 2 clauses 4 and 7 to 11 apply to a former member of staff as if references to a director were replaced by references to a former member of staff.
126. Section 27 amended
(1) Delete section 27(3) and insert:
(3) If the performance of any of a corporation’s functions referred to in subsection (1)(a) or (b) requires that the corporation hold a licence under the Water Services Act, the corporation may only perform that function in accordance with the terms and conditions of such a licence.
(2) Delete section 27(5) and (6).
(3) In section 27(7) delete the definition of wastewater and insert:
wastewater has the meaning given in the Water Services Act section 3(1).
127. Section 28A inserted
After section 27 insert:
28A. Corporations may act at their discretion
The fact that a corporation has a function given to it by this Act does not impose a duty on it to do any particular thing and, subject to —
(a) this Act; and
(b) any direction given to the corporation under this Act,
it has a discretion as to how and when it performs the function.
128. Section 29 amended
(1) In section 29(2) delete “the corporation” (first and second occurrences) and insert:
a corporation
(2) Delete section 29(4) and insert:
(4) If the generality of any power conferred on a corporation by this Act is restricted by any provision of the Water Services Act, that restriction applies, despite this Act.
129. Section 31 amended
(1) After section 31(1) insert:
(2A) The Minister cannot give approval under subsection (1) without the concurrence of the Treasurer.
(2) Delete section 31(2) and insert:
(2) A corporation must ensure that the constitution of every subsidiary of the corporation that under a written law or the Corporations Act is required to have a constitution —
(a) contains provisions to the effect of those set out in Schedule 4; and
(b) is consistent with this Act; and
(c) is not amended in a way that is inconsistent with this Act.
(3) In section 31(3):
(a) delete “The corporation” and insert:
A corporation
(b) delete “memorandum and articles of association” and insert:
constitution
(4) In section 31(4):
(a) delete “articles of association” and insert:
constitution
(b) delete “the corporation.” and insert:
a corporation.
(5) After section 31(4) insert:
(5) A director, the chief executive officer or a member of staff of a corporation may, with the approval of the board of the corporation, become —
(a) a member of the committee of an incorporated association; or
(b) a director of a company,
that is or is to be a subsidiary of the corporation and may represent the interests of the corporation on that committee or the board of directors of that company.
(6) Neither —
(a) subsection (2) or (3); nor
(b) the provisions referred to in subsection (2)(a) included in the constitution of a subsidiary,
make a corporation or the Minister a director of a subsidiary of the corporation for the purposes of the Corporations Act.
(7) Subsections (1) to (6) and Schedule 4, as in force immediately after the Water Services Legislation Amendment and Repeal Act 2012 section 129 came into operation, are declared to be Corporations legislation displacement provisions for the purposes of the Corporations Act section 5G in relation to the Corporations legislation to which Part 1.1A of that Act applies generally.
130. Section 32 amended
(1) In section 32(2):
(a) in paragraph (a) delete “the corporation” (first occurrence) and insert:
a corporation
(b) in paragraph (c) delete “amount.” and insert:
amount for the corporation.
(2) In section 32(4) after “amount” insert:
for a corporation
131. Section 34 amended
In section 34:
(a) after “addition to” insert:
the requirements under
(b) delete “the corporation” and insert:
a corporation
132. Section 35 amended
(1) After section 35(2)(a) insert:
(ba) the chief executive officer; or
(2) In section 35(4) after “delegate” insert:
of a corporation
(3) In section 35(2) after each of paragraphs (a) and (b) insert:
or
133. Section 36 amended
Delete section 36(1)(a) and (b) and insert:
(a) any arrangement involving or relating to a corporation or any subsidiary of the corporation or the performance by a corporation of any of its functions; or
(b) any act or thing proposed to be done in the State by a corporation or any subsidiary of the corporation in the performance of its functions; or
134. Part 3 Division 3 heading amended
In the heading to Part 3 Division 3 after “with” insert:
a
135. Section 38 amended
(1) In section 38(1):
(a) after “person” (first occurrence) insert:
(the third party)
(b) after “person” (second occurrence) insert:
(the second party)
(c) delete “the corporation” and insert:
a corporation
(2) In section 38(2):
(a) delete “person” (first occurrence) and insert:
party
(b) delete “first person” and insert:
third party
136. Section 40 amended
In section 40(2)(b) delete “another person” and insert:
the second party
137. Section 42 replaced
Delete section 42 and insert:
42. Corporations established by Governor — first strategic development plan
In respect of a corporation established by the Governor under section 4(4), the first strategic development plan for the corporation is to be for a period starting at the commencement of the first financial year after the day on which the order referred to in section 4(4) comes into operation.
138. Section 43 amended
In section 43(1) after “plan” insert:
for a corporation and any subsidiary of the corporation
139. Section 45 amended
(1) In section 45(1) delete “the draft strategic development plan to the board” and insert:
a draft strategic development plan to the board of a corporation
(2) In section 45(3) delete “If a draft strategic development plan has not been agreed to by the Minister” and insert:
If the board and the Minister have not reached agreement on a draft strategic development plan
140. Section 46 amended
In section 46(1):
(a) delete “If the Minister has not agreed to” and insert:
If the board of a corporation and the Minister have not reached agreement on
(b) after “subsidiary” insert:
of the corporation
141. Section 47 amended
In section 47 delete “When a draft strategic development plan is agreed to by the Minister,” and insert:
When the board of a corporation and the Minister have reached agreement on a draft strategic development plan,
142. Section 48 amended
In section 48(3) after “direction” insert:
to the board under subsection (2),
143. Section 51 replaced
Delete section 51 and insert:
51. Corporations established by Governor — first statement of corporate intent
In respect of a corporation established by the Governor under section 4(4), the first statement of corporate intent for the corporation is to be for the first financial year to start after the day on which the order referred to in section 4(4) comes into operation.
144. Section 52 amended
(1) In section 52(1) after “intent” insert:
for a corporation and any subsidiary of the corporation
(2) In section 52(2) delete “for the corporation and any subsidiary”.
145. Section 54 amended
(1) In section 54(1):
(a) delete “the” (first occurrence) and insert:
a
(b) after “board” insert:
of a corporation
(2) In section 54(3) delete “If a draft statement of corporate intent has not been agreed to by the Minister” and insert:
If the board and the Minister have not reached agreement on a draft statement of corporate intent
146. Section 55 amended
In section 55(1):
(a) delete “If the Minister has not agreed to” and insert:
If the board of a corporation and the Minister have not reached agreement on
(b) after “subsidiary” insert:
of the corporation
147. Section 56 amended
In section 56(1) delete “When a draft statement of corporate intent is agreed to by the Minister,” and insert:
When the board of a corporation and the Minister have reached agreement on a draft statement of corporate intent,
148. Section 57 amended
In section 57(3) delete “direction,” and insert:
direction to the board under subsection (2),
149. Section 58 amended
In section 58(2) delete “under” and insert:
described in
150. Section 59 amended
(1) In section 59(1):
(a) after “The” insert:
board of a
(b) delete “subsidiary.” and insert:
subsidiary of the corporation.
(2) In section 59(4) delete “corporation” and insert:
board
151. Section 60 amended
In section 60(1):
(a) after “The” insert:
board of a
(b) after “subsidiary” insert:
of the corporation
152. Section 65 amended
In section 65(1) delete “and the board” and insert:
to a corporation and the board of the corporation
153. Section 68 amended
Delete section 68(1)(a) and insert:
(a) to have information in the possession of a corporation and any subsidiary of the corporation; and
154. Section 69 amended
In section 69 after “The” insert:
board of a
155. Section 72 deleted
Delete section 72.
156. Section 73 amended
In section 73(1) delete “An” and insert:
For each corporation, an
157. Section 76 amended
In section 76:
(a) delete “The corporation” and insert:
A corporation
(b) delete “section 75,” and insert:
section 75 or the Local Government Act 1995 section 6.26(2)(a)(i),
158. Section 81 amended
(1) Delete section 81(1) and insert:
(1) The Minister may, with the concurrence of the Treasurer and in accordance with subsections (2), (3A), (3B), (3) and (4), by notice to a corporation, impose monetary limits on the exercise by the corporation of the powers conferred by section 80.
(2) In section 81(2) after “limit” insert:
for the Water Corporation
(3) After section 81(2) insert:
(3A) The monetary limit for the Bunbury Water Corporation and the Busselton Water Corporation is to be determined for the exercise of those powers in the financial year following the day on which the Water Services Legislation Amendment and Repeal Act 2012 section 158 comes into operation.
(3B) The monetary limit for a corporation established by the Governor under section 4(4) is to be determined for the exercise of those powers in the financial year following the day on which the order referred to in section 4(4) comes into operation.
(4) In section 81(3) delete “That limit” and insert:
A limit referred to in subsection (2), (3A) or (3B)
(5) In section 81(4) after “force” insert:
for a corporation
(6) Delete section 81(5) and insert:
(5) A corporation must comply with any limit for the time being in force for the corporation.
159. Section 85 amended
In section 85:
(a) delete “Schedule 3,” and insert:
Schedule 3 of this Act,
(b) delete “the corporation” and insert:
a corporation
160. Section 88 amended
(1) In section 88(1) delete “The” and insert:
Each
(2) Delete section 88(2) and insert:
(2) A document is duly executed by a corporation if —
(a) the common seal of the corporation is affixed to it in the presence of —
(i) 2 directors; or
(ii) a director and the chief executive officer; or
(iii) a director and an executive officer;
or
(b) it is signed on behalf of the corporation by a person or persons referred to in subsection (4).
(3) In section 88(4):
(a) delete “The corporation” and insert:
A corporation
(b) delete “director or” and insert:
director, the chief executive officer,
161. Section 89 amended
In section 89(1) delete “the corporation” (first occurrence) and insert:
a corporation
162. Section 91 amended
In section 91(2) delete “Water Services Licensing Act 1995,” and insert:
Water Services Act,
163. Sections 92, 93 and 94 inserted
After section 91 insert:
92. Minister may vest certain land in Water Corporation and make orders in respect of certain reserves
(1) In this section —
former water authority means —
(a) a Minister of the State; or
(b) an agency, authority or instrumentality of the State; or
(c) a body, whether incorporated or not, established or continued for a public purpose by or under a written law,
who or that, at any time before the commencement of section 4(1) of this Act, performed functions relating to the provision of water services;
order means an order made under subsection (2) or (3), as the case requires;
relevant official, in relation to an estate or interest in land, or a reserve, specified in an order, means —
(a) the Registrar of Titles; or
(b) the Registrar of Deeds and Transfers; or
(c) any other person authorised by a written law to register or otherwise act on dealings affecting land,
according to which of them, if any, is responsible for registering or otherwise acting on dealings affecting the estate or interest or the reserve.
(2) The Minister may, by order published in the Gazette, direct that an estate or interest in land specified in the order be vested in the Water Corporation if —
(a) the estate or interest was previously vested in a former water authority or the State; and
(b) the estate or interest is, or is to be, used by the Water Corporation for the purposes of this Act or the Water Services Act.
(3) The Minister may, by order published in the Gazette, direct that the care, control and management of a reserve (as defined in the Land Administration Act 1997 section 3(1)) specified in the order is to be placed with the Water Corporation under the Land Administration Act 1997 section 46, if —
(a) the care, control and management of the reserve was previously placed with a former water authority under that section; and
(b) the reserve is, or is to be, used by the Water Corporation for the purposes of this Act or the Water Services Act.
(4) An order takes effect —
(a) at the beginning of the day after the day on which the order is published in the Gazette; or
(b) if a later day is specified in the order — at the beginning of that day.
(5) When an order takes effect —
(a) in the case of an order under subsection (2) — each estate or interest in land specified in the order vests in the Water Corporation by force of this paragraph; or
(b) in the case of an order under subsection (3) — the care, control and management of each reserve specified in the order is, by force of this paragraph, placed with the Water Corporation as if it were so placed under the Land Administration Act 1997 section 46.
(6) The Minister must give a copy of the order to each relevant official who must do all things necessary to show the effect of subsection (5)(a) or (b), as the case requires.
93. Review of Act
(1) The Minister must carry out a review of the operation and effectiveness of this Act as soon as practicable after every fifth anniversary of the commencement of the Water Services Legislation Amendment and Repeal Act 2012 section 163, and in the course of that review the Minister must consider and have regard to —
(a) the adequacy of the penalties imposed under this Act; and
(b) any other matter that appears to the Minister to be relevant to the operation and effectiveness of this Act.
(2) The Minister must prepare a report based on the review carried out under subsection (1) and, as soon as practicable after the preparation of the report, cause it to be laid before each House of Parliament.
94. Transitional provisions
Schedule 5 sets out transitional provisions.
164. Schedule 1 clause 1 amended
In Schedule 1 clause 1 in the definition of director after “capacity” insert:
(if any)
165. Schedule 1 clause 2 amended
In Schedule 1 clause 2(4) after “appointed” (first occurrence) insert:
to the board of a corporation
166. Schedule 1 clause 4 amended
Delete Schedule 1 clause 4(1) and insert:
(1) For each corporation, the Governor is to appoint a director of the corporation to be chairperson and another to be deputy chairperson of the board, appointments in each case being made on the nomination of the Minister.
167. Schedule 1 clause 5 amended
(1) In Schedule 1 clause 5(1):
(a) after “director” (first occurrence) insert:
of a corporation
(b) after “director” (second occurrence) insert:
of the corporation
(2) In Schedule 1 clause 5(2):
(a) delete “Except” and insert:
If the chief executive officer of a corporation is a director of the corporation then, except
(b) delete “director.” and insert:
director of the corporation.
168. Schedule 2 clause 2 amended
(1) In Schedule 2 clause 2:
(a) delete “A director” and insert:
(1) A director of a corporation
(b) delete the Penalty.
(2) At the end of Schedule 2 clause 2 insert:
(2) A person who contravenes subclause (1) —
(a) with intent to deceive or defraud —
(i) the corporation; or
(ii) creditors of the corporation or of any other person;
or
(b) for any other fraudulent purpose,
commits a crime.
Penalty: a fine of $20 000 or imprisonment for 5 years, or both.
Summary conviction penalty: a fine of $12 000 or imprisonment for 3 years, or both.
(3) If subclause (2) does not apply, a person who contravenes subclause (1) commits an offence.
Penalty: a fine of $5 000.
169. Schedule 2 clause 4 amended
(1) In Schedule 2 clause 4:
(a) delete “A director or a former director” and insert:
(1) A director or a former director of a corporation
(b) delete the Penalty.
(2) At the end of Schedule 2 clause 4 insert:
(2) A person who contravenes subclause (1) commits a crime.
Penalty: a fine of $20 000 or imprisonment for 5 years, or both.
Summary conviction penalty: a fine of $12 000 or imprisonment for 3 years, or both.
170. Schedule 2 clause 5 amended
(1) In Schedule 2 clause 5:
(a) delete “A director” and insert:
(1) A director of a corporation
(b) delete the Penalty.
(2) At the end of Schedule 2 clause 5 insert:
(2) A person who contravenes subclause (1) commits a crime.
Penalty: a fine of $20 000 or imprisonment for 5 years, or both.
Summary conviction penalty: a fine of $12 000 or imprisonment for 3 years, or both.
171. Schedule 2 clause 7 amended
In Schedule 2 clause 7(b) after “corporation” (first occurrence) insert:
concerned
172. Schedule 2 clause 8 amended
In Schedule 2 clause 8 after “corporation” (first occurrence) insert:
concerned
173. Schedule 2 clause 12 amended
Delete Schedule 2 clause 12(1) and insert:
(1A) In subclause (1) —
notifiable interest means an interest in the matter that will, under clause 13(1), disqualify the director from voting on the matter at a meeting of the board unless allowed to do so by a resolution under clause 13(3) or a declaration under clause 13(6).
(1) A director of a corporation who has a notifiable interest in a matter involving the corporation must, as soon as possible after the relevant facts have come to the director’s knowledge, disclose the nature of the interest at a meeting of the board of the corporation.
Penalty: a fine of $5 000.
174. Schedule 2 clause 14 amended
Delete Schedule 2 clause 14(2) and insert:
(2) A director of a corporation who is knowingly concerned in a contravention of subclause (1) by the corporation (whether or not in relation to the director) —
(a) with intent to deceive or defraud —
(i) the corporation; or
(ii) creditors of the corporation or of any other person;
or
(b) for any other fraudulent purpose,
commits a crime.
Penalty: a fine of $20 000 or imprisonment for 5 years, or both.
Summary conviction penalty: a fine of $12 000 or imprisonment for 3 years, or both.
(3A) If subclause (2)(a) or (b) does not apply, the director commits an offence.
Penalty: a fine of $5 000.
175. Schedule 3 clause 2 amended
In Schedule 3 clause 2(1) delete “The” and insert:
Each
176. Schedule 3 clause 6 amended
In Schedule 3 clause 6 delete “the” and insert:
each
177. Schedule 3 clause 7 amended
Delete Schedule 3 clause 7(2) and insert:
(2) The financial statements for the year are to be prepared in accordance with the accounting standards.
178. Schedule 3 clause 10 amended
In Schedule 3 clause 10(1) delete “The” and insert:
Each
179. Schedule 3 clause 13 amended
(1) In Schedule 3 clause 13:
(a) delete “The” and insert:
(1) The
(b) in paragraph (c) delete “and each” and insert:
and, subject to subclause (2), each
(2) At the end of Schedule 3 clause 13 insert:
(2) Regulations made under section 91 may, in respect of the Bunbury Water Corporation, the Busselton Water Corporation or a body established by the Governor under section 4(4), prescribe a lesser number of named officers for the purposes of subclause (1)(c).
180. Schedule 3 clause 15 amended
In Schedule 3 clause 15(a) after “report” insert:
of a corporation
181. Schedule 3 clause 16 amended
In Schedule 3 clause 16(1) after “financial report” insert:
of a corporation
182. Schedule 3 clause 20 amended
In Schedule 3 clause 20(1) after “report” insert:
of a corporation
183. Schedule 3 clause 23 amended
In Schedule 3 clause 23(1) delete “the” (first occurrence) and insert:
each
184. Schedule 3 clause 28 amended
In Schedule 3 clause 28(1):
(a) delete “the corporation,” and insert:
a corporation,
(b) delete “any” and insert:
either or both
(c) in paragraph (b) delete “corporation;” and insert:
corporation.
(d) delete paragraph (c).
185. Schedule 3 clause 31 amended
Delete Schedule 3 clause 31(1) and (2) and insert:
(1) A director of a corporation must take all reasonable steps to comply with, or to secure compliance with, Divisions 2 and 3.
(2) A person who contravenes subclause (1) with intent to deceive or defraud the Minister or the Treasurer or creditors of the corporation commits a crime.
Penalty: a fine of $20 000 or imprisonment for 5 years, or both.
Summary conviction penalty: a fine of $12 000 or imprisonment for 3 years, or both.
(3A) If subclause (2) does not apply, a person who contravenes subclause (1) commits an offence.
Penalty: a fine of $5 000.
186. Schedule 3 clause 35 amended
In Schedule 3 clause 35(2) delete “The” and insert:
Each
187. Schedule 4 clause 2 amended
In Schedule 4 clause 2(3) delete “memorandum and articles of association” and insert:
constitution
188. Schedule 4 clause 4 amended
In Schedule 4 clause 4(2) and (3) delete “memorandum and articles of association” and insert:
constitution
189. Schedule 5 inserted
After Schedule 4 insert:
Schedule 5 — Transitional provisions
[s. 94]
Division 1 — Transitional provisions relating to Water Services Legislation Amendment and Repeal Act 2012
Subdivision 1 — Preliminary
1. Terms used
In this Division —
amended Act means this Act as amended by the Water Services Legislation Amendment and Repeal Act 2012 Part 7;
Bunbury Water Board means the Bunbury Water Board constituted under the repealed Act;
Busselton Water Board means the Busselton Water Board constituted under the repealed Act;
commencement day means the day on which the Water Services Legislation Amendment and Repeal Act 2012 section 110 comes into operation;
corporation means —
(a) the Bunbury Water Corporation; or
(b) the Busselton Water Corporation;
former Board means —
(a) the Bunbury Water Board; or
(b) the Busselton Water Board;
relevant corporation, in relation to a former Board, means the corporation that is a continuation of the former Board under clause 3 or 4;
repealed Act means the Water Boards Act 1904.
2. Application of Interpretation Act 1984
(1) If a provision of the amended Act deals with a matter dealt with by a provision of the repealed Act, then for the purposes of the provisions of the Interpretation Act 1984 about the repeal of enactments and the substitution of other enactments for those so repealed —
(a) the provision of the repealed Act is to be taken to have been repealed and re‑enacted by the amended Act; and
(b) a reference to the commencement of the repealing law is to be taken to be a reference to commencement day.
(2) Despite subclause (1), the Interpretation Act 1984 sections 36(d) (to the extent to which it applies to subsidiary legislation) and 38 do not apply to the repeal of the Water Boards Act 1904 by the Water Services Legislation Amendment and Repeal Act 2012 section 201.
(3) This Division does not limit the operation of the Interpretation Act 1984 except to the extent provided for by this clause.
(4) The provisions of this Division and of the regulations made for the purposes of this Division prevail over the provisions of the Interpretation Act 1984 to the extent of any inconsistency.
Subdivision 2 — Continuation of former Boards
3. Bunbury Water Board continues
(1) The Bunbury Water Corporation is a continuation of, and is the same legal entity as, the Bunbury Water Board, and rights and liabilities of or in relation to the Bunbury Water Board continue as rights and liabilities of or in relation to the Bunbury Water Corporation.
(2) On commencement day, the name “Aqwest” becomes a trading name of the Bunbury Water Corporation, as if approved by the Minister under section 5A(3) of the amended Act.
4. Busselton Water Board continues
(1) The Busselton Water Corporation is a continuation of, and is the same legal entity as, the Busselton Water Board, and rights and liabilities of or in relation to the Busselton Water Board continue as rights and liabilities of or in relation to the Busselton Water Corporation.
(2) On commencement day, the name “Busselton Water” becomes a trading name of the Busselton Water Corporation, as if approved by the Minister under section 5A(3) of the amended Act.
5. Members of former Boards
(1) A person who, immediately before commencement day, was a member of a former Board becomes, on commencement day —
(a) a director of the board of the relevant corporation as if appointed by the Governor, on the nomination of the Minister, under section 7 of the amended Act; and
(b) if the person was, immediately before commencement day, the chairman of the former Board — the chairperson of the board of the relevant corporation as if appointed by the Governor, on the nomination of the Minister, under Schedule 1 clause 4 of the amended Act.
(2) A person to whom subclause (1) applies holds office, subject to the amended Act, until the expiration of the term of office, and on the same terms and conditions, that applied to the person immediately before commencement day.
6. Operating licences of former Boards
(1) An operating licence held by a former Board under the Water Services Licensing Act 1995 immediately before commencement day (the former licence) becomes, on commencement day, a licence under the Water Services Act as if granted under section 11 of that Act.
(2) The licence remains in force until the day on which the former licence would have expired.
(3) The licence authorises the provision of water supply services in the area of the State to which the former licence applied immediately before commencement day.
(4) For the purposes of the Water Services Act, the area of the State referred to in subclause (3) is the operating area of the licence for the provision of water supply services.
(5) The licence is subject to the same terms and conditions as those to which the former licence was subject immediately before commencement day, to the extent that those terms and conditions are not inconsistent with the Water Services Act.
(6) The licence has effect subject to the Water Services Act and so, for example, the licence may be cancelled or amended.
7. Supply of water to Water Corporation under Busselton Water Board (Supply of Water to Dunsborough) Act 2009
(1) This clause applies to a supply of water to the Water Corporation under the Busselton Water Board (Supply of Water to Dunsborough) Act 2009 (before the repeal of that Act) that is to continue on and after commencement day.
(2) The repeal of the Busselton Water Board (Supply of Water to Dunsborough) Act 2009 does not affect —
(a) the supply of water; or
(b) any agreement about the supply of water; or
(c) anything to be done under, for or in relation to such an agreement or the supply of water.
(3) The supply of water becomes, on commencement day, a supply of water under the amended Act.
Subdivision 3 — Staff of former Boards
8. Term used: PSM Act
(1) In this Subdivision —
PSM Act means the Public Sector Management Act 1994.
(2) If a term has a meaning given in the PSM Act, it has the same meaning in this Subdivision.
(3) In this Subdivision a reference to the PSM Act Part 6 includes the regulations referred to in section 94 of that Act.
9. Transition of employment
(1) A person who, immediately before commencement day, was an officer of a former Board under section 31 of the repealed Act becomes, on commencement day —
(a) if the person was the chief executive officer of the former Board — the chief executive officer of the relevant corporation as if appointed by the board of the corporation, with the concurrence of the Minister, under section 13 of the amended Act; or
(b) if paragraph (a) does not apply — a member of staff of the relevant corporation as if engaged by the board of the corporation under section 15 of the amended Act.
(2) Except as otherwise agreed by a person to whom subclause (1) applies, the person’s remuneration, existing, accruing or accrued rights, rights under a superannuation scheme or fund and continuity of service are not affected, prejudiced or interrupted by the operation of subclause (1) or the former Board ceasing to be an organisation under the PSM Act.
(3) For the purposes of this clause, a person’s service with a former Board is to be taken to have been with the relevant corporation.
(4) Except as provided by clause 11, the PSM Act Part 6 does not apply in relation to the transition of the employment of a person by this clause.
10. Election as to employment
(1) A person who becomes a member of staff of a corporation because of clause 9(1)(b) may, by written notice given to the corporation, elect to return to the Public Sector.
(2) A person cannot make an election if, immediately before commencement day, the person was —
(a) employed under a contract of employment that has a fixed term; or
(b) a casual employee or a seasonal employee.
(3) A person cannot make an election after the end of the period of 2 years after commencement day.
(4) A person may withdraw an election at any time by giving the corporation written notice to that effect.
(5) A person who makes an election and then withdraws it cannot make another election.
11. Application of PSM Act Part 6 to persons who make an election
(1) If a person makes an election under clause 10(1), the PSM Act Part 6 applies in respect of the person until —
(a) the person is employed for an indefinite period in a public sector body in accordance with that Part; or
(b) the person otherwise ceases to be a member of staff of the corporation; or
(c) the person withdraws the election under clause 10(4),
whichever occurs first.
(2) While the PSM Act Part 6 applies in respect of the person under subclause (1), it applies, with any necessary changes, as if —
(a) the person were an employee of an organisation whose office, post or position in the organisation has been abolished; and
(b) the office, post or position was at the same level of classification as the substantive office, post or position held by the person immediately before commencement day; and
(c) the board of the corporation were the employing authority of the person; and
(d) the person were registered under the Public Sector Management (Redeployment and Redundancy) Regulations 1994 Part 4.
12. Arrangements for return to the Public Sector
(1) If a person makes an election under clause 10(1) or withdraws an election under clause 10(4), the corporation, as soon as practicable, must give the Public Sector Commissioner written notice of the election or the withdrawal, as the case requires.
(2) If a person makes an election under clause 10(1), the corporation and the Public Sector Commissioner must make the necessary arrangements to facilitate the operation of clause 11 in respect of the person.
(3) Subclause (4) applies if a person who makes an election under clause 10(1) is employed for an indefinite period in a public sector body in accordance with the PSM Act Part 6 as applied by clause 11.
(4) The corporation must comply with any requirements in the Treasurer’s instructions issued under the Financial Management Act 2006 section 78 relating to the making of payments by an employing authority for liabilities relating to employees whose employing authority changes as if —
(a) the corporation were an employing authority to which those instructions applied; and
(b) the person were an employee to whom those instructions applied.
(5) If a corporation incurs costs as a result of the operation of this clause or clause 10 or 11, the Treasurer may pay an amount to the corporation to reimburse the corporation for any or all of those costs.
13. Contracts for services
(1) A person engaged by a former Board under a contract for services that is in force immediately before commencement day becomes, on commencement day, a person engaged by the relevant corporation as if engaged under section 29(2)(f) of the amended Act.
(2) Except as otherwise agreed by the person engaged under the contract, the operation of subclause (1) does not affect the terms and conditions of the contract.
Subdivision 4 — Provisions as to accountability and financial provisions
14. Strategic development plans
The first strategic development plan for a corporation under Part 4 Division 1 is to be in respect of a period starting on the day prescribed for the corporation for the purposes of this clause.
15. Statements of corporate intent
The first statement of corporate intent for a corporation under Part 4 Division 2 is to be in respect of the financial year prescribed for the corporation for the purposes of this clause.
16. Financial reporting
(1) The first financial year in respect of which the reporting requirements in Part 4 Division 3 apply to a corporation is to be the financial year prescribed for the corporation for the purposes of this clause.
(2) The Financial Management Act 2006 Part 5 Division 2 continues to apply to a corporation in respect of the financial years ending before the financial year prescribed for the corporation under subclause (1) as if the Water Services Legislation Amendment and Repeal Act 2012 section 212 had not been enacted.
17. Water Funds
(1) In this clause —
bank has the meaning given in the Financial Management Act 2006 section 3.
(2) An account that, immediately before commencement day, was maintained by a former Board at a bank for the purposes of section 111 of the repealed Act becomes, on commencement day, an account for the relevant corporation under section 73(1)(b) of the amended Act as if established under that section with the approval of the Treasurer.
18. Payments to the State under Part 5 Division 2
(1) The first financial year in respect of which section 76 applies to a corporation is to be the financial year prescribed for the corporation for the purposes of this subclause.
(2) The first financial year in respect of which section 79 applies to a corporation is to be the financial year prescribed for the corporation for the purposes of this subclause.
Subdivision 5 — Miscellaneous
19. References to former Boards
Unless the context otherwise requires, a reference in a written law or other document or instrument to a former Board includes a reference to the relevant corporation.
20. References to repealed Act
(1) Unless the context otherwise requires, a reference in a written law or other document or instrument to the repealed Act includes a reference to the amended Act.
(2) Unless the context otherwise requires, a reference in a written law or other document or instrument to a provision of the repealed Act (the old provision) includes, if there is a provision of the amended Act (the new provision) that deals with the matter dealt with by the old provision, a reference to the new provision.
21. Transitional regulations
(1) The regulations may —
(a) deal with all matters of a savings or transitional nature arising as a result of the enactment of the Water Services Legislation Amendment and Repeal Act 2012 Part 7 and of section 201; and
(b) clarify or vary the provisions of this Division; and
(c) amend or repeal subsidiary legislation consequentially on enactment of the Water Services Legislation Amendment and Repeal Act 2012 Part 7 and of section 201.
(2) Regulations made for the purposes of this clause may —
(a) be expressed to have effect despite another written law; and
(b) provide that a specified provision of a written law does not apply, or applies with specified modifications, to or in relation to a matter.
(3) The power in this clause to amend subsidiary legislation made under another Act does not prevent that legislation from being amended under that Act.
(4) If regulations made for the purposes of this clause provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than commencement day, the regulations have effect according to their terms.
(5) If regulations contain a provision referred to in subclause (4), the provision does not operate so as to —
(a) affect, in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or
(b) impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations.
(6) Regulations made for the purposes of this clause in relation to a matter referred to in subclause (2) must be made within such period as is reasonably and practicably necessary to deal with the transitional matters that arise as a result of the enactment of the Water Services Legislation Amendment and Repeal Act 2012 Part 7 and of section 201.
22. Relationship of provisions of this Division to transitional regulations
The provisions of the regulations made for the purposes of this Division prevail over the provisions of this Division to the extent of any inconsistency.
190. Other provisions amended
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
Pt. 2 heading |
Corporation |
corporations |
|
Pt. 2 Div. 1 heading |
Water Corporation |
water corporations |
|
s. 5, 19(1) and (2), 27(4), 28, 29(1) and (3), 30(1), 31(1), 35(1), 71(1), 80(1) and (3), 82(1) |
The corporation |
A corporation |
|
s. 6(2), 15(3), 19(4), 25(3) |
|
of a corporation |
|
Pt. 2 Div. 2 heading |
Board |
Boards |
|
s. 7(4)(a), 8, 9, 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) |
|
of a corporation |
|
s. 11(1) |
|
of a corporation |
|
s. 12(3), 19(1), 24(1) |
|
of the corporation |
|
s. 13(2)(a), (4) and (6), 14 |
|
of a corporation |
|
s. 13(2) and (4), 68(2)(a) |
|
of the corporation |
|
s. 13(5) |
|
of the corporation |
|
s. 18, 57(2), 70(1), 79(2) and (5) |
|
of a corporation |
|
s. 19(4), 27(1), 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) |
the corporation |
a corporation |
|
Pt. 3 heading |
|
of corporations |
|
s. 27(2), 61(1), 64(1), 75, 81(6) and (7), 83(1) |
the corporation |
a corporation |
|
s. 32(3) |
the corporation’s |
a corporation’s |
|
s. 32(3), 41(1), 50(1), 68(2)(c) and (4), 70(4) |
|
of the corporation |
|
s. 60(4) |
|
of a corporation |
|
s. 61(1), 70(1) |
|
of the corporation |
|
s. 66(1)(a) |
|
of the corporation |
|
Sch. 1 cl. 2(1), 3(1) and (2), Sch. 2 cl. 3, 13(4), Sch. 3 cl. 5(1) |
|
of a corporation |
|
Sch. 1 cl. 6(1), 9 |
|
of a corporation |
|
Sch. 1 cl. 6(2) and (5), 10, 11, Sch. 2 cl. 13(5) |
|
of a corporation |
|
Sch. 1 cl. 8(1) |
|
of a corporation |
|
Sch. 1 cl. 8(1), Sch. 2 cl. 13(1) |
|
of the corporation |
|
Sch. 2 cl. 6(1), 13(1) and (2), 16(1), (2) and (3) |
|
of a corporation |
|
Sch. 2 cl. 13(2) |
|
of the corporation |
|
Sch. 2 cl. 14(1), Sch. 3 cl. 4(1), 24(2) |
The corporation |
A corporation |
|
Sch. 2 cl. 15(1) and (5) |
The corporation or a subsidiary |
A corporation or a subsidiary of the corporation |
|
Sch. 2 cl. 15(2) and (3) |
the corporation or a subsidiary |
a corporation or a subsidiary of the corporation |
|
Sch. 3 cl. 4(4), 17(a), 21, 23(2), 36, 38(1) and (2), 45(4) |
the corporation |
a corporation |
|
Sch. 3 cl. 17(b) |
|
of the corporation |
|
Sch. 3 cl. 19, 45(1) |
the corporation |
a corporation |
|
Sch. 3 cl. 24(3) |
|
of the corporation |
Note: The heading to amended section 5 is to read:
Corporations not agents of Crown
Part 8 — Water Services Licensing Act 1995 amended
191. Act amended
This Part amends the Water Services Licensing Act 1995.
192. Long title amended
In the long title delete “to establish a scheme for the licensing of water services, to confer functions on the Economic Regulation Authority in respect of that scheme and other matters,”.
193. Section 1 amended
In section 1 delete “Water Services” and insert:
Plumbers
194. Section 3 amended
(1) In section 3 delete the definitions of:
Authority
controlled area
inspector
irrigation
licence
licensee
operating licence
Registrar of Deeds
watercourse
water services
water services works
(2) In section 3 in the definition of plumber delete “59I;” and insert:
59I.
195. Parts 2, 3 and 4 deleted
Delete Parts 2, 3 and 4.
196. Section 62 amended
In section 62(1) delete “the expiry of 5 years from its commencement.” and insert:
every 5th anniversary of the commencement of the Water Services Legislation Amendment and Repeal Act 2012 section 191.
197. Schedules 1 and 2 deleted
Delete Schedules 1 and 2.
Part 9 — Repeals
198. Drainage legislation repealed
These written laws are repealed:
(a) the Land Drainage Act 1925;
(b) the Land Drainage (Validation) Act 1996;
(c) the Land Drainage Regulations 1978;
(d) the Land Drainage By‑laws 1986.
199. Irrigation legislation repealed
These written laws are repealed:
(a) the Carnarvon Irrigation District By‑laws 1962;
(b) the Harvey, Waroona and Collie River Irrigation Districts By‑laws 1975;
(c) the Ord Irrigation District By‑laws 1963;
(d) the Water Agencies (
200. Sewerage legislation repealed
These written laws are repealed:
(a) the Country Towns Sewerage Act 1948;
(b) the Country Towns Sewerage By‑laws 1952.
201. Water boards legislation repealed
These written laws are repealed:
(a) the Water Boards Act 1904;
(b) the Busselton Water Board (Supply of Water to Dunsborough) Act 2009;
(c) the Water Boards (Bunbury) Regulations 1997;
(d) the Water Boards (Busselton) Regulations 2002;
(e) the Bunbury Water Board By‑laws;
(f) the Busselton By‑laws: Penalties;
(g) the Busselton Long Service Leave By‑laws;
(h) the Busselton Water Area By‑laws 1994;
(i) the Busselton Water Board ‑ By‑laws Relating to Long Service Leave for Employees.
202. Other legislation repealed
These written laws are repealed:
(a) the Metropolitan Water Authority (Miscellaneous) By‑laws 1982;
(b) the Water Agencies (Charges) By‑laws 1987;
(c) the Water Corporation (Authorised Capital) Regulations 1997;
(d) the Water Services Licensing (Extension of Enactments) Regulations 1997.
Part 10 — Other Acts amended
203. Aboriginal Heritage Act 1972 amended
(1) This section amends the Aboriginal Heritage Act 1972.
(2) In section 18(1a):
(a) in paragraph (b) delete “land.” and insert:
land; or
(b) after paragraph (b) insert:
(c) the person is the holder of a licence under the Water Services Act 2012 as a result of which the person has rights or powers in respect of the land.
204. Anglican Church of
(1) This section amends the Anglican Church of
(2) In section 5A(6) delete “or the Metropolitan Water Supply, Sewerage and Drainage Act 1909,” and insert:
is not subject to statutory water service charges under the Water Services Act 2012 unless the land is connected to water service works as defined in section 3(1) of that Act,
205. Building Services (Complaint Resolution and Administration) Act 2011 amended
(1) This section amends the Building Services (Complaint Resolution and Administration) Act 2011.
(2) In section 3 in the definitions of building service Act paragraph (f), plumbing work and vocational regulatory body paragraph (b) delete “Water Services” and insert:
Plumbers
(3) In section 92(5)(e) delete “Water Services” and insert:
Plumbers
206. Bulk Handling Act 1967 amended
(1) This section amends the Bulk Handling Act 1967.
(2) Delete section 52A.
207. Conservation and Land Management Act 1984 amended
(1) This section amends the Conservation and Land Management Act 1984.
(2) In section 3 in the definition of public water catchment area:
(a) in paragraph (b)(ii) delete “1909; or” and insert:
1909;
(b) delete paragraph (b)(iii).
(3) In section 53 in the definition of relevant water utility delete paragraph (b) and insert:
(b) a licence under the Water Services Act 2012.
208. Constitution Acts Amendment Act 1899 amended
(1) This section amends the Constitution Acts Amendment Act 1899.
(2) In Schedule V Part 3 delete the item relating to the board of directors of the Water Corporation and insert:
The board of directors of a corporation established by the Governor under the Water Corporations Act 1995 section 4(4).
The board of directors of the Bunbury Water Corporation established by the Water Corporations Act 1995 section 4(2).
The board of directors of the Busselton Water Corporation established by the Water Corporations Act 1995 section 4(3).
The board of directors of the Water Corporation established by the Water Corporations Act 1995 section 4(1).
(3) In Schedule V Part 3 in the item relating to the Plumbers Licensing Board delete “Water Services” and insert:
Plumbers
(4) In Schedule V Part 3 delete the item relating to water board constituted under the Water Boards Act 1904.
209. Economic Regulation Authority Act 2003 amended
(1) This section amends the Economic Regulation Authority Act 2003.
(2) In section 20(5) in the definition of relevant entity:
(a) delete paragraphs (a) and (b) and insert:
(a) a body established by or under the Water Corporations Act 1995 section 4, namely —
(i) the Water Corporation; or
(ii) the Bunbury Water Corporation; or
(iii) the Busselton Water Corporation; or
(iv) a body established by the Governor;
or
(b) in paragraph (c)(iii) delete “Corporation; and” and insert:
Corporation; or
(3) In section 20 after subsection (1)(a) and in subsection (5) in the definition of relevant entity after each of paragraph (c)(i) and (ii) insert:
or
(4) In section 25(e) delete “section 4 of the Water Services Licensing Act 1995; and” and insert:
the Water Services Act 2012 section 207; and
210. Energy Operators (Powers) Act 1979 amended
(1) This section amends the Energy Operators (Powers) Act 1979.
(2) Delete section 42(2)(a) and insert:
(a) the powers, authorities and functions of a licensee as defined in the Water Services Act 2012 section 3(1), the Minister administering the Water Agencies (Powers) Act 1984 and any statutory authority within the meaning of that Act; and
211. Environmental Protection Act 1986 amended
(1) This section amends the Environmental Protection Act 1986.
(2) In section 57(5) in the definition of designated area:
(a) in paragraph (b) delete “or Public Water Supply Area”;
(b) in paragraph (c) delete “water‑course, lake, lagoon, swamp or marsh” and insert:
watercourse or wetland
(c) in paragraph (d) delete “section 26,” and insert:
section 26B,
212. Financial Management Act 2006 amended
(1) This section amends the Financial Management Act 2006.
(2) In Schedule 1 delete “Bunbury Water Board”.
(3) In Schedule 1 delete “Busselton Water Board”.
213. Fire Brigades Act 1942 amended
(1) This section amends the Fire Brigades Act 1942.
(2) Delete sections 54 and 55.
(3) At the beginning of section 61 insert:
(1) In this section —
water services licensee means a licensee as defined in the Water Services Act 2012 section 3(1).
(4) In section 61:
(a) delete “The Authority,” and insert:
(2) The Authority,
(b) delete “water supply authority” and insert:
water services licensee
214. Fluoridation of Public Water Supplies Act 1966 amended
(1) This section amends the Fluoridation of Public Water Supplies Act 1966.
(2) In section 5(2)(b) delete “Water Corporation Act 1995” and insert:
Water Corporations Act 1995 section 4(1)
215.
(1) This section amends the
(2) In section 12 delete “and the Metropolitan Water Supply, Sewerage, and Drainage Act 1909” and insert:
and, if the land is not connected to water service works as defined in the Water Services Act 2012 section 3(1), from statutory water service charges under that Act
216. Health Act 1911 amended
(1) This section amends the Health Act 1911.
(2) In section 63A delete “Water Corporation established by the Water Corporation Act 1995” and insert:
a licensee as defined in the Water Services Act 2012 section 3(1)
217.
(1) This section amends the
(2) In section 9(1):
(a) in paragraph (c) delete “Water Act,” and insert:
Water Services Act 2012 section 82,
(b) in paragraph (d) delete “under the Water Act by the Water Corporation (established by the Water Corporation Act 1995)” and insert:
by a licensee under the Water Services Act 2012 section 82
(3) Delete section 9(6).
218. Housing Act 1980 amended
(1) This section amends the Housing Act 1980.
(2) In section 38(1) after “government” insert:
or with the Water Services Act 2012
(3) In section 38(2) delete the definition of local government.
(4) In section 38(2) in the definition of additions delete “fittings;” and insert:
fittings.
219. Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004 amended
(1) This section amends the Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004.
(2) In section 3 in the definition of Water Corporation delete “section 4 of the Water Corporation Act 1995;” and insert:
the Water Corporations Act 1995 section 4(1);
220. Land Administration Act 1997 amended
(1) This section amends the Land Administration Act 1997.
(2) In section 159(eb) delete “Water Services Licensing Act 1995;” and insert:
Water Services Act 2012;
(3) In section 160(1)(eb) delete “for the purposes of section 18 of the Water Services Licensing Act 1995 or to any officer” and insert:
under the Water Services Act 2012 section 11 or to any officer or employee
221. Parliamentary Commissioner Act 1971 amended
(1) This section amends the Parliamentary Commissioner Act 1971.
(2) In section 34(1) after “energy ombudsman scheme” insert:
or a water ombudsman scheme
(3) In section 34(4) delete “energy ombudsman”.
(4) In section 34(5) delete “under the” and insert:
under an
(5) In section 34(7) insert in alphabetical order:
water ombudsman scheme means a scheme approved under the Water Services Act 2012 Part 4.
(6) In section 34(7) in the definition of governing body:
(a) after “ombudsman scheme” insert:
or a water ombudsman scheme
(b) delete “scheme.” and insert:
scheme;
Note: The heading to amended section 34 is to read:
Energy and water ombudsman schemes
222. Planning and Development Act 2005 amended
(1) This section amends the Planning and Development Act 2005.
(2) Delete section 10(1)(c)(ii) and insert:
(ii) the chief executive officer of the department principally assisting in the administration of the Water Agencies (Powers) Act 1984; and
(3) In section 167(1)(b)(ii) delete “Water Services Licensing Act 1995,” and insert:
Water Services Act 2012 section 3(1),
223. Presbyterian Church Act 1908 amended
(1) This section amends the Presbyterian Church Act 1908.
(2) In section 21(6) delete “1995 or the Metropolitan Water Supply, Sewerage, and Drainage Act 1909” and insert:
1995, is not subject to statutory water service charges under the Water Services Act 2012 unless the land is connected to water service works as defined in section 3(1) of that Act,
224. Public Sector Management Act 1994 amended
(1) This section amends the Public Sector Management Act 1994.
(2) Delete Schedule 1 item 19 and insert:
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19 |
A body established by or under the Water Corporations Act 1995 section 4, namely — (i) the Water Corporation; and |
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(ii) the Bunbury Water Corporation; and (iii) the Busselton Water Corporation; and (iv) a body established by the Governor. |
225. Public Works Act 1902 amended
(1) This section amends the Public Works Act 1902.
(2) In section 5A(e) delete “Water Corporation Act 1995” and insert:
Water Services Act 2012
(3) In section 5B(1):
(a) in paragraph (c)(iii) delete “Corporation; and” and insert:
Corporation; or
(b) in paragraph (d) delete “Water Corporation established by the Water Corporation Act 1995 or an officer of that corporation;” and insert:
holder of a licence granted under the Water Services Act 2012 section 11 or to any officer or employee of the holder of the licence;
226. Rates and Charges (Rebates and Deferments) Act 1992 amended
(1) This section amends the Rates and Charges (Rebates and Deferments) Act 1992.
(2) In section 3(1) delete the definition of Water Board.
(3) In section 3(1) in the definition of prescribed charge delete paragraph (b)(i) and (ii) and insert:
(i) the Water Services Act 2012; or
(4) In section 3(1):
(a) in the definition of the pension means test after paragraph (a)(i) insert:
and
(b) in the definition of dependant after each of paragraphs (a) and (ab), the definition of eligibility after each of paragraphs (a) and (a)(i) and (ii) and the definition of prescribed charge after each of paragraphs (a) and (b) insert:
or
(5) In section 16(4):
(a) delete “Water Board” (first occurrence) and insert:
prescribed licensee
(b) delete “Water Board” (second occurrence) and insert:
licensee
(6) After section 16(4) insert:
(5) In subsection (4) —
prescribed licensee means a licensee under the Water Services Act 2012 (other than a body established by or under the Water Corporations Act 1995 section 4 or a local government) who is prescribed for the purposes of subsection (4).
227. Residential Parks (Long‑stay Tenants) Act 2006 amended
(1) This section amends the Residential Parks (Long‑stay Tenants) Act 2006.
(2) Delete Schedule 1 clause 15(c) and insert:
(c) the Water Services Act 2012, except a charge for the volume of water consumed.
228. Sentencing Act 1995 amended
(1) This section amends the Sentencing Act 1995.
(2) In Schedule 1 delete the item relating to the Land Drainage Act 1925.
(3) In Schedule 1 delete the item relating to the Water Boards Act 1904.
229. Soil and Land Conservation Act 1945 amended
(1) This section amends the Soil and Land Conservation Act 1945.
(2) In the Schedule:
(a) delete “Land Drainage Act 1925”;
(b) after “Stock (Identification and Movement) Act 1970” insert:
Water Services Act 2012
230. State Records Act 2000 amended
(1) This section amends the State Records Act 2000.
(2) In Schedule 3 delete item 2 and insert:
2. 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.
(3) In Schedule 3 item 1 after each of subitems (i) and (ii) insert:
and
231. Statutory Corporations (Liability of Directors) Act 1996 amended
(1) This section amends the Statutory Corporations (Liability of Directors) Act 1996.
(2) In Schedule 1 delete the item relating to the Bunbury Water Board.
(3) In Schedule 1 delete the item relating to the Busselton Water Board.
232. Strata Titles Act 1985 amended
(1) This section amends the Strata Titles Act 1985.
(2) Delete section 60(4).
(3) In section 66 after “an authority” insert:
(including a licensee as defined in the Water Services Act 2012 section 3(1))
(4) At the end of Part IV Division 5 insert:
67. Water service charges under the Water Services Act 2012
For the purposes of this Division —
(a) a statutory water service charge (as defined in the Water Services Act 2012 section 71(1)) that applies in respect of land is to be taken to be a rate made and levied by an authority (that is, the licensee to whom the charge is payable); and
(b) the licensee is to be taken to be an authority authorised to make and levy the rate on the land.
233. Swan and Canning Rivers Management Act 2006 amended
(1) This section amends the Swan and Canning Rivers Management Act 2006.
(2) In Schedule 5 item 1:
(a) delete subitem (m);
(b) in subitem (cc) delete “Water and Rivers Commission Act 1995;” and insert:
Water Agencies (Powers) Act 1984;
(c) in subitem (dd) delete “Water Corporation Act 1995;” and insert:
Water Corporations Act 1995;
(d) after subitem (dd) insert:
(eea) the Water Services Act 2012;
(3) In Schedule 5 item 16 delete “Water Services Licensing Act 1995.” and insert:
Water Services Act 2012 section 3(1).
