Western Australia
Water Agencies (Infringements) Regulations 1994
CONTENTS
1.Citation1
2.Commencement1
3.Prescribed offences1
4.Modified penalty1
5.Prescribed, authorised and designated persons (s. 103)2
6.Forms2
7.Offence of unauthorised alteration of infringement notices3
Schedule
Notes
Compilation table9
Provisions that have not come into operation9
Western Australia
Water Agencies (Powers) Act 1984
Water Agencies (Infringements) Regulations 1994
These regulations may be cited as the Water Agencies (Infringements) Regulations 1994 1.
[Regulation 1 amended in Gazette 29 Dec 1995 p. 6301.]
These regulations come into operation on 1 November 1994.
The offence under by‑law 4 of the Water Agencies (Water Use) By‑laws 2007 is prescribed as an offence that may be dealt with under section 103 of the Act.
[Regulation 3 inserted in Gazette 29 Sep 1998 p. 5407; amended in Gazette 28 Sep 2007 p. 4934.]
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 in Gazette 17 Feb 1998 p. 923; 29 Oct 1999 p. 5403.]
5.Prescribed, authorised and designated persons (s. 103)
(1)For the purposes of section 103 of the Act and this regulation, a prescribed person is a person holding or acting in the office of the Corporation known as —
(a)General Manager, Customer Services Division;
(b)Regional Business Manager, Perth Region;
(c)Regional Business Manager, North West Region;
(d)Regional Business Manager, Mid West Region;
(e)Regional Business Manager, Goldfields Region;
(f)Regional Business Manager, South West Region;
(g)Regional Business Manager, Great Southern Region;
(h)Regional Business Manager, Agricultural Region;
(i)Manager, Customer Centre; or
(j)Manager, Metering Services.
(2)For the purposes of section 103 of the Act, an authorised person is a person authorised 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 2007.
(3)For the purposes of section 103 of the Act, a designated person is the person holding or acting in the office of the Corporation known as Manager, Receivables and Business Support.
[Regulation 5 inserted in Gazette 23 Oct 2001 p. 5638‑9; amended in Gazette 24 Feb 2006 p. 889; 28 Sep 2007 p. 4934.]
The forms set out in the Schedule are prescribed for the respective purposes for which forms are required by section 103(2), (6) and (11) of the Act.
7.Offence of unauthorised alteration of infringement notices
A person who, not being an authorised person, makes any alteration to an infringement notice commits an offence.
Penalty: $200.
[Regulation 5]
Form 1
WATER CORPORATION
INFRINGEMENT NOTICE
Water Agencies (Powers) Act 1984
(section 103(2))No. .............................
Date ......../........./........
.................................................................................................................................
Surname** (Block letters)Other names (in full)
Address ..................................................................................................................
Number and street
.................................................................................................................................
Town or suburbPostcode
It is alleged that at .......................... hours on ............................... the ..................
day of .............................. 20....... at ......................................................................
you committed the offence of using water supplied by the Corporation in contravention of the stage of restrictions applicable under the Water Agencies (Water Use) By‑laws 2007, contrary to by‑law 4.
....................................
Authorised person
**For a body corporate, set out the body’s name and (if known) ACN, ABN or other registration number
You may dispose of this matter either —
(a)by payment of the modified penalty of …… within 21 days of the date of this notice;
or
(b)by having it dealt with by a court.
If the modified penalty is not paid within the time specified, court proceedings may be taken against you.
If you are convicted you will be liable to a maximum penalty of $500.
[Payment details to be included with this form]
[Form 1 amended in Gazette 24 Feb 2006 p. 889-90; 28 Sep 2007 p. 4935.]
Form 2
WATER CORPORATION
WITHDRAWAL OF INFRINGEMENT NOTICE
Water Agencies (Powers) Act 1984
(section 103(6))No. .............................
Date ......../........./........
................................................................................................................................
Surname** (Block letters)Other names (in full)
Address ..................................................................................................................
Number and street
.................................................................................................................................
Town or suburbPostcode
Infringement Notice No. Date ......../........./........
for the alleged offence of using water supplied by the Corporation in contravention of the stage of restrictions applicable under the Water Agencies (Water Use) By‑laws 2007, contrary to by‑law 4, on —
............................... at .............................................................................................
specifying the modified penalty of …… is withdrawn.
*No further action will be taken.
*It is proposed to institute court proceedings for the alleged offence.
................................................................................
* General Manager, Customer Services Division
* Regional Manager, .............................Region
* Manager, ........................................................
*Delete that which is not applicable
**For a body corporate, set out the body’s name and (if known) ACN, ABN or other registration number
[Form 2 amended in Gazette 24 Feb 2006 p. 890; 28 Sep 2007 p. 4935.]
Form 3
Water Corporation
Certificate of Authorised Person
Water Agencies (Powers) Act 1984
(section 103(11))
(Front)
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Water Corporation |
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Photograph |
…………………………………. Name ………………………………… Employee No. |
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(Back)
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Certificate of Authorised Person This is to certify that the person identified on the front of this certificate is authorised, in accordance with section 103 of the Water Agencies (Powers) Act 1984, to give infringement notices in respect of alleged offences under by‑law 4 of the Water Agencies (Water Use) By‑laws 2007.
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[Form 3 amended in Gazette 28 Sep 2007 p. 4935.]
[Schedule amended in Gazette 29 Dec 1995 p. 6301‑2; 17 Feb 1998 p. 923-4; 29 Sep 1998 p. 5407; 29 Oct 1999 p. 5403; 23 Oct 2001 p. 5639; 28 Sep 2007 p. 4935.]
1This is a compilation of the Water Agencies (Infringements) Regulations 1994 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
|
Water Authority (Infringements) Regulations 1994 2 |
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. 6301‑2 |
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 Authority (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)); |
1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.
Provisions that have not come into operation
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Citation |
Gazettal |
Commencement |
|
Water Agencies (Infringements) Amendment Regulations 2010 r. 3-7 3 |
16 Mar 2010 p. 980-4 |
1 Apr 2010 (see r. 2(b)) |
2Now known as the Water Agencies (Infringements) Regulations 1994; citation changed (see note under r. 1).
3On the date as at which this compilation was prepared, the Water Agencies (Infringements) Amendment Regulations 2010 r. 3-7 had not come into operation. They read as follows:
These regulations amend the Water Agencies (Infringements) Regulations 1994.
4.Regulation 3 amended
In regulation 3 delete “by-law 4 of the Water Agencies (Water Use) By-laws 2007” and insert:
the Water Agencies (Water Use) By‑laws 2010 by‑law 4
5.Regulation 5 amended
(1)Delete regulation 5(1) and insert:
(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)the chief executive officer;
(ii)the Director Water Resource Use;
(iii)the Manager Water Licensing.
(2)Delete regulation 5(3) and insert:
(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.
6.Regulation 6 amended
In regulation 6 delete “the Schedule” and insert:
Schedule 1
7.Schedule replaced
Delete the Schedule and insert:
Schedule 1 — Forms
[r. 6]
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: ............................................................................ ........................................…….. |
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 of Water* / 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)action may be taken to suspend your Motor Driver’s Licence or Vehicle Licence until you have paid in full the modified penalty and any additional charge; 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 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 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 of Water* or
chief executive officer of the Water Corporation on behalf of the Water Corporation*.
[* Delete the inapplicable]