Water Agencies (Powers) Act 1984
Water Agencies (Infringements) Regulations 1994
Western Australia
Water Agencies (Infringements) Regulations 1994
Contents
1.Citation1
2.Commencement1
3.Offences prescribed (Act s. 103)1
4.Modified penalty prescribed (Act s. 103)1
5.Prescribed, authorised and designated persons (Act s. 103)2
6.Forms prescribed (Act s. 103(2), (6) and (11))3
7.Unauthorised alteration of infringement notice, offence3
Schedule 1 — Forms
Notes
Compilation table9
Other notes10
Defined terms
Water Agencies (Powers) Act 1984
Water Agencies (Infringements) Regulations 1994
These regulations may be cited as the Water Agencies (Infringements) Regulations 1994.
[Regulation 1 amended: Gazette 29 Dec 1995 p. 6301.]
These regulations come into operation on 1 November 1994.
3.Offences prescribed (Act s. 103)
The offence under the Water Agencies (Water Use) By‑laws 2010 by‑law 4 is prescribed as an offence that may be dealt with under section 103 of the Act.
[Regulation 3 inserted: Gazette 29 Sep 1998 p. 5407; amended: Gazette 28 Sep 2007 p. 4934; 16 Mar 2010 p. 980.]
4.Modified penalty prescribed (Act s. 103)
The amount prescribed to apply in respect of each of the offences referred to in regulation 3, if it is dealt with under section 103 of the Act, is $100.
[Regulation 4 amended: Gazette 17 Feb 1998 p. 923; 29 Oct 1999 p. 5403.]
5.Prescribed, authorised and designated persons (Act s. 103)
(1)For the purposes of section 103 of the Act and this regulation, a prescribed person —
(a)in relation to water supplied by the Corporation, is a person holding or acting in any of the following offices of the Corporation —
(i)General Manager, Customer Services Division;
(ii)Regional Business Manager, Perth Region;
(iii)Regional Business Manager, North West Region;
(iv)Regional Business Manager, Mid West Region;
(v)Regional Business Manager, Goldfields Region;
(vi)Regional Business Manager, South West Region;
(vii)Regional Business Manager, Great Southern Region;
(viii)Regional Business Manager, Agricultural Region;
(ix)Manager, Customer Centre;
(x)Manager, Metering Services;
and
(b)in relation to water supplied by the Bunbury Water Board or the Busselton Water Board, is a person holding or acting in the office of the chief executive officer of the Board; and
(c)in relation to any other water, is a person holding or acting in any of the following offices in the Department —
(i)Chief Executive Officer;
(ii)Executive Director Regional Delivery;
(iii)Director Regional Services;
(iv)Director Regulatory Capability;
(v)Swan Avon Regional Manager;
(vi)Program Manager, Swan Avon Executive.
(2)For the purposes of section 103 of the Act, an authorised person is a person authorised in writing by a prescribed person to give an infringement notice in respect of an alleged offence under by‑law 4 of the Water Agencies (Water Use) By‑laws 2010.
(3)For the purposes of section 103 of the Act, a designated person —
(a)in relation to water supplied by the Corporation, is the person holding or acting in the office of Manager, Receivables and Business Support for the Corporation; and
(b)in relation to any other water, is a person holding or acting in the office of chief finance officer (as defined in the Financial Management Act 2006 section 57) for the Department.
[Regulation 5 inserted: Gazette 23 Oct 2001 p. 5638‑9; amended: Gazette 24 Feb 2006 p. 889; 28 Sep 2007 p. 4934; 16 Mar 2010 p. 980-1; 20 Dec 2011 p. 5412; SL 2021/173 r. 7.]
6.Forms prescribed (Act s. 103(2), (6) and (11))
The forms set out in Schedule 1 are prescribed for the respective purposes for which forms are required by section 103(2), (6) and (11) of the Act.
[Regulation 6 amended: Gazette 16 Mar 2010 p. 981.]
7.Unauthorised alteration of infringement notice, offence
A person who, not being an authorised person, makes any alteration to an infringement notice commits an offence.
Penalty: $200.
[r. 6]
[Heading inserted: Gazette 16 Mar 2010 p. 982.]
Form 1
Water Agencies (Powers) Act 1984 s. 103(2)
Infringement notice
No. ............
Surname (Block letters) .........................................................................................
Other names (in full) ..............................................................................................
Address ..................................................................................................................
Town or suburb and postcode ................................................................................
It is alleged that you committed an offence:
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Where and when |
At .................................................................. on the ............... |
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Details of offence |
Using water in contravention of the stage of restrictions applicable under the Water Agencies (Water Use) By‑laws 2010, contrary to by-law 4. |
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Modified penalty |
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Information about this notice |
Date: ........................................................................................ Issued at: .................................................................................. By: ........................................................................................... Signature of authorised person: .................................................. |
WHAT YOU MUST DO:
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1. |
You may dispose of this matter by paying the modified penalty within a period of 21 days after this notice is given. |
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PAY THE MODIFIED PENALTY TO: |
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*The Chief Finance Officer or *Manager, Receivables and Business Support [*Delete the inapplicable] |
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If you wish to do so but are unable to make payment within 21 days you may apply to the Department* / Water Corporation*for an extension of time within which the modified penalty may be paid. [*Delete the inapplicable] |
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OR |
IF YOU DO NOT PAY THE MODIFIED PENALTY |
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2. |
A prosecution notice may be issued against you for the alleged offence, in which case the matter will be dealt with by a COURT. |
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OR |
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The modified penalty may be recovered by the Fines Enforcement Registry, in which case — (a)additional administrative charges may be incurred; and (b)some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold; and |
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(c)you will be given an opportunity to elect to have a prosecution notice for the alleged offence dealt with by a COURT. PAYMENTS AFTER THE DUE DATE CAN ONLY BE MADE WITH A FINAL DEMAND LETTER WHICH INCURS AN ADDITIONAL ENFORCEMENT FEE. |
[Form 1 inserted: Gazette 16 Mar 2010 p. 982-3; amended: Gazette 20 Aug 2013 p. 3845; 15 Sep 2017 p. 4795‑6; SL 2020/173 r. 6; SL 2021/173 r. 8.]
Form 2
Water Agencies (Powers) Act 1984 s. 103(6)
Notice of withdrawal of infringement notice
No. ............
Surname (Block letters) .........................................................................................
Other names (in full) .............................................................................................
Address ..................................................................................................................
Town or suburb and postcode ...............................................................................
Infringement Notice No. ......................... Date ...... / ...... / ......
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AN INFRINGEMENT NOTICE GIVEN TO YOU HAS BEEN WITHDRAWN AND NO FURTHER ACTION WILL BE TAKEN*/A SUMMONS WILL BE ISSUED* * Delete where not applicable. |
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Information about the withdrawn notice |
Date of issue: ......................................................................... Alleged offence: .................................................................... Notice number: ...................................................................... |
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Information about this notice |
Date: ...................................................................................... Issued at: ............................................................................... By: ......................................................................................... Signature of prescribed person: ..................................................
Title of the office held by the prescribed person: ............................................. |
[Form 2 inserted: Gazette 16 Mar 2010 p. 983-4.]
Form 3
Water Agencies (Powers) Act 1984 s. 103(11)
Certificate that person is an authorised person
No. .............................................
Photograph of authorised person
.................................................................
(Name)
..................................................................
(Signature)
..................................................................
(Title of the office held by the authorised person)
...................................................................
(Date of issue)
...................................................................
(Date of expiry)
This is to certify that the person identified on this certificate is authorised, in accordance with the Water Agencies (Powers) Act 1984 section 103, to give infringement notices in respect of alleged offences under the Water Agencies (Water Use) By‑laws 2010 by‑law 4.
Signed: .......................................................................
Chief executive officer of the Department* or chief executive officer of the Water Corporation on behalf of the Water Corporation*.
[* Delete the inapplicable]
[Form 3 inserted: Gazette 16 Mar 2010 p. 984; amended: Gazette 15 Sep 2017 p. 4796.]
This is a compilation of the Water Agencies (Infringements) Regulations 1994 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
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Citation |
Published |
Commencement |
|
Water Authority (Infringements) Regulations 1994 1 |
28 Oct 1994 p. 5553‑6 |
1 Nov 1994 (see r. 2) |
|
Water Agencies (Amendment and Repeal) Regulations 1995 Pt. 8 |
29 Dec 1995 p. 6295‑302 |
1 Jan 1996 (see r. 2 and Gazette 29 Dec 1995 p. 6291) |
|
Water Agencies (Infringements) Amendment Regulations 1998 |
17 Feb 1998 p. 922‑4 |
17 Feb 1998 |
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Water Agencies (Infringements) Amendment Regulations (No. 2) 1998 |
29 Sep 1998 p. 5406‑7 |
29 Sep 1998 (see r. 2) |
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Water Agencies (Infringements) Amendment Regulations 1999 |
29 Oct 1999 p. 5402‑3 |
29 Oct 1999 (see r. 2) |
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Water Agencies (Infringements) Amendment Regulations 2001 |
23 Oct 2001 p. 5638‑9 |
23 Oct 2001 |
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Reprint of the Water Agencies (Infringements) Regulations 1994 as at 16 Aug 2002 |
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Water Agencies (Infringements) Amendment Regulations 2006 |
24 Feb 2006 p. 889-90 |
24 Feb 2006 |
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Water Agencies (Infringements) Amendment Regulations 2007 |
28 Sep 2007 p. 4934‑5 |
r. 1 and 2: 28 Sep 2007 (see r. 2(a)); |
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Water Agencies (Infringements) Amendment Regulations 2010 |
16 Mar 2010 p. 980-4 |
r. 1 and 2: 16 Mar 2010 (see r. 2(a)); |
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Water Agencies (Infringements) Amendment Regulations 2011 |
20 Dec 2011 p. 5412 |
r. 1 and 2: 20 Dec 2011 (see r. 2(a)); |
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Reprint 2: The Water Agencies (Infringements) Regulations 1994 as at 9 Mar 2012 |
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Water Agencies (Infringements) Amendment Regulations 2013 |
20 Aug 2013 p. 3845 |
r. 1 and 2: 20 Aug 2013 (see r. 2(a)); |
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Water Legislation Amendment Regulations 2017 Pt. 3 |
15 Sep 2017 p. 4794‑6 |
16 Sep 2017 (see r. 2(b)) |
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Water Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 3 |
SL 2020/173 25 Sep 2020 |
29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |
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Water Regulations Amendment (Infringement Notices) Regulations 2021 Pt. 3 |
SL 2021/173 8 Oct 2021 |
9 Oct 2021 (see r. 2(b)) |
1Now known as the Water Agencies (Infringements) Regulations 1994; citation changed (see note under r. 1).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
authorised person5(2)
designated person5(3)
prescribed person5(1)