Water Agencies (Charges) By-laws 1987
Reprinted as at 16 February 2001
Reprinted under the Reprints Act 1984 as at 16 February 2001
Water Agencies (Charges) By-laws 1987
CONTENTS
1.Citation1
2.Interpretation1
Part 1 — General
3.Proportionate charges for part of year9
3A.Minimum charge prior to revaluation10
4.Exempt land10
5.Separately assessable residential land13
6.Estimation upon meter malfunction or of non‑metered quantity13
7.Manner of payment of charges other than quantity and single capital infrastructure charges14
7A.Manner of payment of quantity charges16
7B.Manner of payment of single capital infrastructure charges16
8.Special arrangements17
8A.Concessional charges for retirement village residents18
8B.Government trading organisation and non‑commercial Government property19
8BA.Annual charges to Government trading organisations that supply water to lessees or ships19
9.Interest on overdue amounts20
9A.Amounts rounded21
9B.Prescribed percentage under section 41B(5)21
Part 2 — Water supply
Division 1 — Water supply other than under Rights in Water and Irrigation Act 1914
10.Certain matters to be disregarded22
11.Land subject to water supply charges under this Division22
12.Exempt land22
13.Classification of land23
14.Indexation of certain valuations26
15.Phasing in of certain valuations26
16.Notional residential units27
17.Quantity charges for the supply of water27
17A.Caravan parks27
17B.Metropolitan non‑residential property water supply charges29
17C.Non‑metropolitan, non‑strata titled, Commercial or Industrial property water supply charges32
17D.Various non‑metropolitan water supply charges and classifications32
18.Concessional non‑metropolitan quantity charge33
18A.Concessional metropolitan quantity charge35
18B.Residential multi‑unit properties — rebates for eligible pensioners37
19A.Capital infrastructure charges39
Division 2 — Water supply under Rights in Water and Irrigation Act 1914 other than for irrigation
20.Land subject to water supply charges under this Division40
Part 3 — Sewerage
21A.Interpretation41
21.Land subject to sewerage charges41
22.Exempt land41
23.Classification of land42
24.Indexation of certain valuations43
25.Phasing in of certain valuations43
25A.Metered metropolitan non‑residential property sewerage charges44
25B.Un‑metered or unconnected metropolitan non‑residential property sewerage charges45
25C.Charging for shared sewerage fixtures on metropolitan non‑residential property46
Part 4 — Drainage
27.Land subject to drainage charges47
28.Exempt land47
29.Classification of land47
30.Phasing in of certain valuations47
Part 5 — Irrigation
31.Land subject to irrigation charges48
32.Exempt land48
33.Classification of land48
Schedule 1 — Charges for water supply for 2000/2001
Part 1 — Water supply other than under Rights in Water and Irrigation Act 1914
Division 1 — Fixed charges
1.Residential50
2.Connected metropolitan exempt50
3.Strata‑titled (or long term residential) caravan bays50
3A.Strata‑titled storage unit and strata‑titled parking bay50
3B.Non‑residential strata‑titled units that share a service50
4.Community Residential51
5.Semi‑rural/Residential51
6.Connected non‑metropolitan exempt51
7.Non‑metropolitan non‑residential51
8.Stock52
9.Additional connections52
10.Shipping (non‑metropolitan)54
11.Local government standpipes54
12.Metropolitan fire‑fighting connections54
Division 2 — Variable charges and charges by way of a rate
1.Metropolitan non‑residential (except strata‑titled units that share a service)55
2.Non‑metropolitan non‑residential (except strata‑titled units that share a service)57
Division 3 — Quantity charges
1.Metropolitan residential57
2.Semi‑rural/residential58
3.Non‑metropolitan residential58
4.Community Residential59
5.Metropolitan non‑residential59
6.Connected metropolitan exempt60
7.Connected non‑metropolitan residential exempt60
8.Non‑metropolitan non‑residential61
9.Denham desalinated62
10.Local government standpipes63
11.Shipping63
12.Stock63
13.Building63
14.Metropolitan hydrant standpipes64
Division 4 — Formula for the purposes of by‑law 17(3)
Division 5 — Capital infrastructure charges determined under by‑law 19A
Part 2 — Water supply under Rights in Water and Irrigation Act 1914 other than for irrigation
Division 1 — Fixed charges
1.Supply under by‑law 31A of the Ord Irrigation District By‑laws other than under Division 265
2.Supply under by‑law 15 of the Carnarvon Irrigation District By‑laws65
Division 2 — Variable charges and charges by way of a rate
Schedule 2 — Charges for sewerage for 2000/2001
Part 1 — Fixed charges
1.Connected metropolitan exempt66
2.Connected country exempt66
3.Strata‑titled caravan bay67
3A.Strata‑titled storage unit and strata‑titled parking bay67
3B.Commercial or Industrial strata‑titled unit (except a storage unit or parking bay)67
4.Land from which industrial waste is discharged into a sewer of the Corporation in the metropolitan area67
5.Land from which industrial waste is discharged into a sewer of the Corporation outside the metropolitan area68
Part 2 — Variable charges and charges by way of a rate
1.Metropolitan residential69
2.Vacant metropolitan non‑residential69
3.Country70
Part 3 — Quantity charges
1.Industrial waste discharged into a sewer of the Corporation pursuant to a major permit74
2.Tankered raw wastewater discharged into a sewer of the Corporation74
3.Effluent discharged from a septic tank effluent pumping system into a sewer of the Corporation74
Part 4 — Combined charges
1.Metropolitan non‑residential (other than vacant land)74
2.Government trading organisation and non‑commercial Government property76
3.Metropolitan, non‑strata titled caravan park with long term residential caravan bays76
4.Metropolitan nursing home78
5.Certain metropolitan strata‑titled units79
Part 5 — Computation of combined charges
1.Formula for annual charge79
2.Formula for quantity charge80
3.Discharge allowance81
Schedule 3 — Charges for drainage for 2000/2001
Part 1 — Fixed charges
1.Strata‑titled caravan bay83
2.Strata‑titled storage unit and strata‑titled parking bay83
Part 2 — Charges by way of a rate
1.Land in a drainage area as referred to in by‑law 27 classified as Residential or Semi‑rural/residential83
2.Land in a drainage area as referred to in by‑law 27 other than land to which Part 1 or item 1 of this Part applies83
Schedule 4 — Charges for irrigation for 2000/2001
Part 1 — Charges by way of a rate
1.Land in the Carnarvon Irrigation District84
2.Land in the Ord Irrigation District84
Part 2 — Quantity charges
Schedule 5 — Formula for calculating AGRV
1.Interpretation86
2.Formula for calculating AGRV86
Schedule 6 — Discounts and additional charges
1.Discount87
2.Additional charges87
3.Rates of interest87
4.Concession (by‑law 8A(2))87
5.Interest on overdue amounts (by‑law 9)87
Schedule 7 — Water supply charges for Government trading organisations and non‑commercial Government property
1.Annual charge (based on meter size)88
2.Volume charge (c/kL)88
Schedule 8 — Classification of towns/areas for the purpose of determining quantity charges in the previous year
Schedule 9 — Classification of towns/areas for the purpose of determining quantity charges in the current year
Notes
Defined Terms
Reprinted under the Reprints Act 1984 as at 16 February 2001
Water Agencies (Powers) Act 1984
Water Agencies (Charges) By‑laws 1987
These by‑laws may be cited as the Water Agencies (Charges) By‑laws 1987 1.
[By‑law 1 amended in Gazette 29 December 1995 p.6330.]
(1)In these by‑laws, unless the contrary intention appears —
“caravan bay” means “site” as that word is defined in the
“consumption year”, in relation to a property, means the period determined by the Corporation for the purposes of calculating the quantity charge for the supply of water to the property;
“country sewerage area” means a sewerage area constituted under the Country Towns Sewerage Act 1948;
“current year” means the current financial year;
“discharge charge” means an amount calculated at 136.2 cents for each kilolitre of discharge volume exceeding 200 kL for the previous year;
“discharge factor” means the estimated percentage of water discharged into the Corporation’s sewer in a discharge period, set for each property by the Corporation —
(a)by individual assessment and consultation with the consumer; or
(b)at a default level of 95%;
“discharge period” means the period commencing on a day determined by the Corporation, being a day between 15 January and 29 June in a year and ending on a day determined by the Corporation, being a day within 20 days of the expiration of one year after the commencement of the period;
“discharge volume” means the volume of water in kilolitres calculated as having been discharged into the Corporation’s sewer, by multiplying the volume of water delivered to a property in a discharge period by the discharge factor set for the period;
“GRV”, in relation to land, means the gross rental value of the land;
“Government trading organisation” means one of the following organisations —
Albany Port Authority — constituted under the
Bunbury Port Authority — constituted under the
Dampier Port Authority — constituted under the
Department of Marine and Harbours — established under section 4 of the Marine and Harbours Act 1981;
Electricity Corporation — established under section 4 of the Electricity Corporation Act 1994;
Esperance Port Authority — constituted under the
Fremantle Port Authority — constituted under the
Gas Corporation — established under section 4 of the Gas Corporation Act 1994 3;
Geraldton Port Authority — constituted under the
Joondalup Development Corporation — established under the Joondalup Centre Act 1976 4;
Lotteries Commission — continued under the Lotteries Commission Act 1990;
Metropolitan Cemeteries Board — established under the Cemeteries Act 1986;
Metropolitan (
Perth Market Authority — preserved and continued under the
Perth Theatre Trust — established under the Perth Theatre Trust Act 1979;
State Housing Commission (“Homeswest”) — preserved and continued under the Housing Act 1980;
Western Australian Coastal Shipping Commission — established under the Western Australian Coastal Shipping Commission Act 1965;
Western Australian Development Corporation — established by the Western Australian Development Corporation Act 1983 5;
Western Australian Land Authority — established by the
Western Australian Meat Commission — established under the Abattoirs’ Act 1909 6;
Western Australian Mint — preserved and continued under the Gold Corporation Act 1987, including —
(a)GoldCorp Australia — constituted under the Gold Corporation Act 1987;
(b)Gold Corporation — constituted under the Gold Corporation Act 1987; and
(c)the Perth Branch of the Royal Mint — established by proclamation under the Coinage Act 1870 of the Parliament of the
Western Australian Government Railways Commission (“Westrail”) — constituted under the Government Railways Act 1904;
“holiday accommodation” means accommodation which, at any time during the year for which a charge is to be assessed —
(a)is held out by the owner or occupier of the land on which the accommodation is situated as being available; or
(b)is made available by that owner or occupier,
for occupation for holiday purposes by persons other than that owner or occupier unless, in the opinion of the Corporation, the accommodation is not so held out or made available substantially by way of trade or business or for the purpose of any trade or business;
“home for the aged” means an institution that, in the opinion of the Corporation, provides accommodation for aged persons and is not operated for the purpose of profit or gain;
“irrigation district” refers to an irrigation district constituted under the Rights in Water and Irrigation Act 1914;
“long term residential caravan bay” means a caravan bay that is rented by a person as the person’s principal place of residence;
“major fixture” means —
(a)a water closet;
(b)each urinal outlet contained within a floor mounted urinal;
(c)each stand of wall‑hung urinals contained within a separate ablution area; and
(d)a pan washer;
“metropolitan area” means Metropolitan Water, Sewerage, and Drainage Area constituted under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909;
“non‑commercial Government property” means property held by a State Government body —
(a)which is not used wholly or primarily for the provision of community services or public facilities;
(b)which is not property classified as Government trading organisation property under these by‑laws; and
(c)upon which revenue may be generated, but not to the extent that it approaches the funding level necessary for the body itself,
and includes associated buildings and facilities.
“previous year” means the financial year immediately preceding the current year;
“quantity charge” means —
(a)in relation to the supply of water, a charge prescribed in these by‑laws according to the quantity of water supplied, whether or not for irrigation; or
(b)in relation to the provision of sewerage, a charge prescribed in these by‑laws according to the discharge volume;
“residence” means a private dwelling house, home unit, or flat, and includes any yard, garden, outhouse, or appurtenance belonging thereto or usually enjoyed therewith;
“residential property”, in relation to a charge, means a piece of land classified for the purposes of the Part or Division under which that charge is made as Residential that, in accordance with by‑law 5, is the subject of a separate assessment of a charge;
“single capital infrastructure charge” means a charge set out in Column 2 of Division 5 of Part 1 of Schedule 1;
“UV”, in relation to land, means the unimproved value of the land;
“water supply” does not include the supply of water under the Rights in Water and Irrigation Act 1914 for irrigation but includes the supply of water under that Act for purposes other than irrigation;
“year”, preceded by a reference to 2 calendar years (for example, 1987/88 or 1999/2000) means —
(a)in relation to a charge not mentioned in paragraph (b), the period commencing on 1 July in the first of the years referred to and ending immediately before 1 July in the second of those years;
(b)in relation to a quantity charge —
(i)that relates to water supplied under the Country Areas Water Supply Act 1947, the period commencing on a day determined by the Corporation, being a day between 1 July and 31 October, inclusive, in the first of the years referred to and ending on a day determined by the Corporation, being a day within 20 days of the expiration of one year after the commencement of the period;
(ii)that relates to water supplied under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 or the Metropolitan Water Authority Act 1982, the period commencing on a day determined by the Corporation, being a day between 1 January and 29 June in the first of the years referred to and ending on a day determined by the Corporation, being a day within 20 days of the expiration of one year after the commencement of the period;
(iii)that relates to industrial waste discharged under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909, the period commencing on a day determined by the Corporation, being a day between 15 June and 15 July in the first of the years referred to and ending on a day determined by the Corporation, being a day between 15 June and 15 July in the second of the years referred to; and
(iv)that relates to water discharged into the Corporation’s sewer, the period under subparagraph (ii).
(2)A reference in these by‑laws to a charge includes a reference to an amount in respect of rates under the Land Drainage Act 1925.
(3)For the purposes of a formula in a Schedule —
(a)the symbol “≤” means less than or equal to; and
(b)the symbol “>” means greater than.
[By‑law 2 amended in Gazette 29 June 1988 p.2112; 29 June 1989 p.1870; 28 June 1991 pp.3267‑8; 1 July 1993 p.3215; 29 June 1994 p.3171; 30 June 1995 p.2735; 29 December 1995 p.6331; 28 June 1996 pp.3104‑5; 23 August 1996 p.4129; 13 May 1997 p.2350; 27 June 1997 pp.3175 and 3203; 7 May 1999 p.1859; 29 June 1999 p.2789.]
Part 1 — General
3.Proportionate charges for part of year
(1)Subject to sub‑bylaw (3), where —
(a)a charge, other than —
(i)a quantity charge; or
(ii)a charge prescribed under item 4 or 5 of Part 1 of Schedule 2,
is prescribed for a year; and
(b)part of the way through that year, land becomes, or ceases to be, land in respect of which that charge applies,
the amount of the charge in respect of that land applicable for the part of the year concerned shall be an amount that bears to the charge prescribed for a full year the same ratio as the part of the year for which the charge applies bears to the full year.
(2)Subject to sub‑bylaw (1), a charge prescribed in respect of land for a year applies for the whole year notwithstanding that the charge may not have been prescribed until after the commencement of the year.
(3)Sub‑bylaw (1) does not apply in respect of land used, at any time during the year for which a charge is to be assessed, for the purpose of providing holiday accommodation unless —
(a)the ownership or occupation of that land changes; and
(b)the Corporation is of the opinion that the land ceases to be land used in whole or in part for the purpose of providing holiday accommodation.
(4)Where, part of the way through a year, a property is provided with a new meter and, as a result, there is a change in a meter‑based charge applicable to the property, the amount of the meter‑based charge for that year is to be calculated on a pro rata basis.
[By‑law 3 amended in Gazette 29 June 1988 p.2112; 29 December 1995 p.6331; 29 June 2000 p.3323.]
3A.Minimum charge prior to revaluation
The charges under by‑laws 11, 21 and 27 for land which —
(a)is the subject of a subdivision or amalgamation of land, or becomes vacant from some other action in the period prior to a general valuation of that land by the Valuer General;
(b)is, in the opinion of the Corporation, intended for residential purposes; and
(c)does not exceed 1 200 m2 in area,
until the commencement of the next rating year, are the minimum charges —
(d)for water supply, set out in item 1(d) or 2(b) of Division 2 of Part 1 of Schedule 1;
(e)for sewerage, set out in item 2 or 3(d) of Part 2 of Schedule 2; and
(f)for drainage, set out in item 2(a) of Part 2 of Schedule 3,
which correspond to the location of the land.
[By‑law 3A inserted in Gazette 20 September 1991 p.4953; amended in Gazette 1 July 1993 p.3215; 29 December 1995 p.6331; 29 June 1999 pp.2789-90.]
(1)The exemptions given by by‑laws 12, 22, 28, and 32 apply, subject in each case to the by‑law concerned, to —
(a)land the property of the Crown in right of the State that is used for a public purpose or is unoccupied;
(b)land vested in or in the use and occupation of a local government, not being land —
(i)used for the purposes of a trading concern; or
(ii)held or occupied by any tenant under the local government;
(c)land belonging to a religious body, being land used or held exclusively as or for a place of public worship, Sunday‑school, a place of residence of a minister of religion, a convent, nunnery or monastery, or occupied exclusively by a religious brotherhood or sisterhood, and not being land leased or occupied for any private purpose;
(d)land used exclusively as a public hospital, benevolent asylum, orphanage, public school, private school (being the property of a religious body), public library, public museum, public art gallery, or mechanics’ institute, and not being land leased or occupied for any private purpose;
(e)land used, occupied, or held exclusively for charitable purposes, not being land leased or occupied for any private purpose;
(f)land vested in any board under the Parks and Reserves Act 1895, or in trustees for agricultural or horticultural show purposes, for zoological or acclimatisation gardens or purposes, or for public resort and recreation, and not being land leased or occupied for any private purpose;
(fa)land used, occupied or held exclusively for the purposes of societies, clubs, associations and other bodies that —
(i)conduct sporting, hobby or like activities as their sole or principal activities;
(ii)in the opinion of the Corporation, are not operated for the purpose of profit or gain to individual members, shareholders or owners; and
(iii)are not listed in the following table —
Table
1.the body known as The Western Australian Turf Club, and any club or association formed for the conduct or promotion of galloping horse races in
2.the Western Australian Trotting Association constituted under the Western Australian Trotting Association Act 1946 and any trotting club or association formed for the conduct or promotion of trotting or pacing horse races in Western Australia;
3.the Western Australian Greyhound Racing Association 7 constituted under the Western Australian Greyhound Racing Authority Act 1981 8 and any greyhound club or association formed for the conduct or promotion of greyhound racing in Western Australia;
(fb)land used on occasion for horse or greyhound racing if the land is used principally by societies, clubs, associations and other bodies referred to in paragraph (fa) and not listed in the table to that paragraph;
(fc)land used, occupied or held exclusively for the purposes of a club or association referred to in the table to paragraph (fa) if —
(i)the land is used principally for horse or greyhound racing; and
(ii)no off‑course betting facilities are provided by the Totalisator Agency Board constituted under the Totalisator Agency Board Betting Act 1960 for any of the race meetings conducted on the land;
(g)land used or held as a cemetery; or
(h)land that the Corporation may declare under this paragraph to be exempt land for the purposes of this by‑law.
(2)Land does not cease to be used exclusively for a purpose mentioned in sub‑bylaw (1) merely because it is used for the purposes of a bazaar, or as a place of meeting for any religious, charitable, temperance, or benevolent object, or for a polling place at any parliamentary or other election.
(3)In sub‑bylaw (1)(e) “charitable purposes” means purposes that, in the opinion of the Corporation, involve —
(a)the provision of relief or assistance to sick, aged, disadvantaged, unemployed or young persons; or
(b)the conducting of other activities for the benefit of the public or in the interests of social welfare not otherwise mentioned in sub‑bylaw (1),
by a private organisation that is not operated for the purpose of profit or gain to individual members, shareholders or owners.
[By‑law 4 amended in Gazette 20 January 1989 p.121; 29 June 1989 p.1870; 29 December 1995 p.6331; 28 June 1996 p.3105.]
5.Separately assessable residential land
Where a charge prescribed by these by‑laws is expressed to apply in respect of residential properties, land classified for the purposes of the Part or Division under which the charge is made as Residential that is used as a discrete residential unit shall be the subject of a separate assessment of the charge.
6.Estimation upon meter malfunction or of non‑metered quantity
(1)Where a charge is to be assessed by reference to the quantity of water concerned and a meter for measuring that quantity is found not to be in proper order or has been removed for repair, the Corporation may estimate the quantity of water concerned —
(a)by reference to a daily average of the quantity of water supplied during another period;
(b)by adjusting the quantity registered by the meter to take account of the error found upon testing the meter; or
(c)on such other basis as the Corporation may determine,
and the charge shall be assessed by reference to the quantity so estimated.
(2)A charge that is to be assessed by reference to the quantity of water supplied for irrigation may, where the water —
(a)is not supplied through a measuring device; or
(b)is supplied through a measuring device but the measuring device is not functioning properly,
be assessed by reference to the quantity estimated by the Corporation to have been supplied having regard to the rate of flow and the period of supply.
[By‑law 6 amended in Gazette 29 December 1995 p.6331.]
7.Manner of payment of charges other than quantity and single capital infrastructure charges
(1)In this by‑law —
“charge” means —
(a)a charge other than —
(i)a quantity charge; or
(ii)a single capital infrastructure charge;
or
(b)an amount payable in respect of rates under the Land Drainage Act 1925.
(2)Unless, in accordance with by‑law 8, special arrangements for payment have been made a charge is payable in accordance with this by‑law.
(3)Subject to sub‑bylaws (4) and (8), a charge is payable to the Corporation in 2 equal instalments due on 31 July and 31 December, respectively, in the year for which the charge is made.
(4)Subject to sub‑bylaws (5) and (8), a person may elect to pay an account relating to a charge —
(a)in full (whether or not it also relates to other charges in respect of the same year) on or before 31 July in that year in which case the person is to receive a discount of —
(i)the amount prescribed in Schedule 6, item 1 in respect of the account (irrespective of whether it relates to one or more charges); and
(ii)interest calculated at the rate prescribed in Schedule 6, item 3 for a period of 5 months on one‑half of the charge for the year;
or
(b)in 4 equal instalments on or before 31 July, 31 October, 31 December, and 31 March, respectively, in that year, in which case the person is to be liable for an additional charge of —
(i)the amount prescribed in Schedule 6, item 2 in respect of the account (irrespective of whether it relates to one or more charges); and
(ii)interest calculated at the rate prescribed in Schedule 6, item 3 for a period of 3 months on one‑half of the charge for the year.
(5)The options provided by sub‑bylaw (4) do not apply where payment of any amount due and payable to the Corporation in relation to any water service in respect of the land concerned is outstanding.
(6)For the purposes of sub‑bylaw (5), where payment of an amount has been deferred under the Rates and Charges (Rebates and Deferments) Act 1992 that amount shall not be regarded as due and payable until payment of it is required in accordance with that Act.
(7)The Corporation may, after having regard to the circumstances in a particular case, allow a person to elect to pay an account in accordance with the options provided in sub‑bylaw (4), without the requirement for the appropriate amount to be paid on or before 31 July.
(8)Where —
(a)a charge is for a period less than a full year; or
(b)an account for a charge is given after 31 July in the year to which the charge relates,
the charge is due in full by the date stated in the account.
(9)For the purposes of sub‑bylaw (8), a date stated in an account shall be a date not earlier than 28 days after the giving of the account.
[By‑law 7 inserted in Gazette 13 May 1997 pp.2350‑1.]
7A.Manner of payment of quantity charges
(1)Unless, in accordance with by‑law 8, special arrangements for payment have been made a quantity charge is due in full on the date stated in the account given for that charge.
(2)For the purposes of sub‑bylaw (1), a date stated in an account shall be a date not earlier than 14 days after the giving of the account.
[By‑law 7A inserted in Gazette 13 May 1997 p.2351.]
7B.Manner of payment of single capital infrastructure charges
(1)A single capital infrastructure charge is due in full on the date stated in the account given for that charge.
(2)For the purposes of sub‑bylaw (1), a date stated in an account shall be a date not earlier than 28 days after the giving of the account.
[By‑law 7B inserted in Gazette 13 May 1997 p.2351.]
(1)Subject to sub‑bylaw (4), where in a particular case the Corporation is satisfied that there is proper cause, the Corporation may agree to special arrangements for payment of charges and any such arrangements shall provide for payment by regular quarterly, monthly, or semi‑monthly instalments.
(2)In accordance with sub‑bylaw (1) the Corporation may provide for either —
(a)special arrangements for a person, and in that case the person shall be liable for an additional charge of the amount prescribed in item 2 of Schedule 6 for each instalment after the first 2 instalments plus interest calculated at the rate prescribed in item 3 of Schedule 6 on any amount payment of which is deferred beyond the date when it would ordinarily be due; or
(b)where the Corporation considers the circumstances so warrant, an arrangement for a person to pay at least half of a charge for a current year within the year to which the charge relates, and the balance to be deferred to the following year, in which case the person shall be liable for —
(i)an additional charge of the amount prescribed in item 2 of Schedule 6 for each instalment after the first 2 instalments plus interest calculated at the rate prescribed in item 3 of Schedule 6 on any amount deferred beyond the date when it would ordinarily be due; or
(ii)an additional charge of the amount prescribed in item 2 of Schedule 6 plus interest calculated at the rate prescribed in item 3 of Schedule 6 for a period of 3 months on one‑half of the charge for the year,
whichever is the lesser amount.
(3)Where the Corporation has agreed to special arrangements, in accordance with sub‑bylaw (2)(b), for the payment of any charge, the Corporation may agree to the amount, or any of it, being further deferred without incurring any further additional charge, other than interest, in respect of that amount.
(4)This by‑law does not apply to a single capital infrastructure charge.
[By‑law 8 amended in Gazette 29 June 1988 p.2112; 29 December 1995 p.6331; 13 May 1997 p.2352.]
8A.Concessional charges for retirement village residents
(1)Where a person is liable to pay a charge under —
(a)item 1 of Division 1 of Part 1 of Schedule 1;
(b)item l of Part 2 of Schedule 2;
(c)item 3(a) of Part 2 of Schedule 2; or
(d)item 1 of Part 2 of Schedule 3,
to these by‑laws in respect of a unit in a retirement village, the person shall be allowed a concession in respect of the charge in accordance with sub‑bylaw (2).
(2)The concession to be allowed under this by‑law in respect of a charge referred to in sub‑bylaw (1) is 25% of the charge, or the amount set out in item 4 of Schedule 6 opposite the particular kind of charge, whichever is the lesser amount.
(3)In this by‑law, “retirement village” means a number of units, the residents of which have a right to life tenancy under a lease arrangement, or a similar form of lease, and are predominantly —
(a)over 55 years old and not in full‑time employment; or
(b)retired.
[By‑law 8A inserted in Gazette 29 June 1990 p.3227; amended in Gazette 29 June 1999 p.2790.]
8B.Government trading organisation and non‑commercial Government property
Where a body holding non‑commercial Government property, or a Government trading organisation is liable to pay a charge, whether in respect of exempt land or otherwise, under —
(a)item 2(b) or 7(a) or (b) of Division 1 of Part 1 of Schedule 1;
(b)item 6(b) or 8(a) or (g) of Division 3 of Part 1 of Schedule 1; or
(c)Division 4 of Part 1 of Schedule 1,
for each water service provided to property held by that body or organisation, with the exception of services which are provided exclusively for fire fighting purposes and charged as such, and used for commercial (other than community‑related or charitable) purposes, the body or organisation shall instead pay the appropriate charge set out in Schedule 7.
[By‑law 8B inserted in Gazette 29 June 1994 p.3172; amended in Gazette 29 June 1999 p.2790.]
8BA.Annual charges to Government trading organisations that supply water to lessees or ships
(1)Where a Government trading organisation —
(a)holds land that is provided with a water supply by the Corporation; and
(b)supplies through a meter any of the water provided to it by the Corporation —
(i)to one or more lessees of any of that land; or
(ii)to a ship in port,
the annual charge payable by the Government trading organisation shall be, instead of the charge that would otherwise apply under item 1 of Schedule 7, that charge less the charge that would apply under that item for a meter of the size that would be required to supply, in aggregate, water as described in paragraph (b).
(2)Sub‑bylaw (1) does not apply where the meter required by the Government trading organisation for its water supply would be the same for size whether or not it supplied water as described in sub‑bylaw (1)(b).
(3)Where a body —
(a)holds non‑commercial Government property that is provided with a water supply by the Corporation; and
(b)supplies through a meter any of the water provided to it by the Corporation —
(i)to one or more lessees of any of that property; or
(ii)to a ship in port,
the annual charge payable by the body shall be, instead of the charge that would otherwise apply under item 1 of Schedule 7, that charge less the charge that would apply under that item for a meter of the size that would be required to supply, in aggregate, water as described in paragraph (b).
(4)Sub‑bylaw (3) does not apply where the meter required by the body holding the non‑commercial Government property for its water supply would be the same size whether or not it supplied water as described in sub‑bylaw (3)(b).
[By‑law 8BA inserted in Gazette 1 May 1992 p.1864; amended in Gazette 29 June 1994 p.3172; 29 December 1995 p.6331.]
[8C.Repealed in Gazette 30 June 1995 p.2735.]
(1)For the purposes of section 41L, the time from which interest shall be calculated on overdue amounts is one day after the amount was due and payable, and interest shall be calculated at the rate set out in item 5 of Schedule 6 on a daily basis and becomes due and payable as if it were a charge to which by‑law 7 applies.
(2)For the purposes of section 100B of the Land Drainage Act 1925, the period after which interest is payable is prescribed to be one day and interest is prescribed to be payable at the rate set out in item 5 of Schedule 6 on a daily basis and becomes due and payable as if it were a charge to which by‑law 7 applies.
[By‑law 9 amended in Gazette 26 June 1992 p.2813; 24 July 1992 p.3661; 9 April 1998 p.2035.]
Where a fee or charge calculated in accordance with these by‑laws is an amount which is not a whole number multiple of 5 cents the amount shall be rounded up or down, as the case may be, to the nearest whole number multiple of 5 cents.
[By‑law 9A inserted in Gazette 26 June 1992 p.2813.]
9B.Prescribed percentage under section 41B(5)
For the purposes of section 41B(5) of the Act, a percentage of 12% is prescribed in relation to a charge payable under a provision specified in the Table to this by‑law.
Table
|
item 1(b) and (d) of Division 2 of Part 1 of Schedule 1 |
|
items 1, 2 and 3 of Part 2 of Schedule 2 |
|
items 1 and 2 of Part 2 of Schedule 3 |
[By‑law 9B inserted in Gazette 29 June 1999 pp.2790‑1.]
Part 2 — Water supply
Division 1 — Water supply other than under Rights in Water and Irrigation Act 1914
10.Certain matters to be disregarded
For the purposes of applying this Division and Part 1 of Schedule 1 the supply of water, or any other thing done or provided, under the Rights in Water and Irrigation Act 1914, or the fact that land is capable of being supplied with water under that Act, shall be disregarded.
[By‑law 10 amended in Gazette 29 June 1999 p.2791.]
11.Land subject to water supply charges under this Division
Land that is actually supplied or, although not actually supplied, is in the opinion of the Corporation reasonably capable of being supplied with water by the Corporation shall be taken, in accordance with section 41(1)(b) of the Water Agencies (Powers) Act 1984, to be land in respect of which the Corporation provides water supply and, subject to by‑law 12, charges as set out in Part 1 of Schedule 1 shall apply in respect of that land.
[By‑law 11 amended in Gazette 29 December 1995 pp.6331‑2; 29 June 1999 p.2791.]
(1)In this by‑law —
“water supply connection” does not include a local government standpipe.
(2)Where —
(a)land described in by‑law 4; or
(b)land that is not classified Capital Infrastructure but is reasonably capable of being supplied by the Corporation with water from works provided in relation to land that is so classified,
is not provided with a water supply connection, the land is exempt from any charge set out in Part 1 of Schedule 1 other than a charge specifically provided in respect of local government standpipes.
[By‑law 12 inserted in Gazette 13 May 1997 p.2352; amended in Gazette 29 June 1999 p.2791.]
(1)For the purposes of this Division land may, irrespective of any other classification under these by‑laws, be classified by the Corporation as —
(a)Residential, if the land —
(i)is used wholly or primarily for the purpose of providing the owner or occupier of the land with a residence for himself, his family or servants, or any of them; and
(ii)in the opinion of the Corporation, is not used in whole or in part for the purpose of providing holiday accommodation;
(b)Commercial/Residential, if the land, although not used wholly or primarily for the purpose mentioned in paragraph (a), is used for the purpose while also being used for the purpose of a shop, workshop, office, bakery, surgery, or another business purpose;
(ba)Semi‑rural/Residential, if the land is in the metropolitan area and —
(i)although not used primarily for the purpose mentioned in paragraph (a), is used for that purpose; and
(ii)is also used for the purpose of primary production (which includes use for the purpose of a farm, market garden, kennel, plant nursery, orchard, stable, vineyard, or other similar purpose),
and water is used on the land wholly or primarily for the purpose mentioned in paragraph (a);
(c)Commercial, if the land is not in the metropolitan area and is used for business, professional, holiday accommodation or other commercial purposes that are not the subject of another class prescribed in this by‑law;
(d)Industrial, if the land is not in the metropolitan area and is used for manufacturing or processing involving the use of water as an essential commodity;
(e)Vacant Land, if there is no building on the land and it is not appropriate to otherwise classify the land under this by‑law;
(f)Farmland, if the land comes within the definition of “farm land” in section 5(1) of the Country Areas Water Supply Act 1947 and is within 2.5 kilometres of a main or other pipe from which the Corporation is prepared to supply water to the land;
(fa)Metropolitan Farmland, if the land is in the metropolitan area and was immediately before 1 July 1989 classified as Farmland;
(g)Government, if the land is not in the metropolitan area and is used by the State or a local government for business, professional, commercial, or office purposes, or as a power station, and the classification of the land is not otherwise specifically provided for in this by‑law;
(h)CBH Grain Storage, if the land is not in the metropolitan area and is used by Co-operative Bulk Handling Limited for the purpose of the storage of grain;
(i)Mining, if the land is not in the metropolitan area and is used for the purposes of mining;
(j)Irrigated Market Gardens, if the land, not being in the metropolitan area, is used for growing vegetables or fruit for market and is irrigated with water other than water supplied under the Rights in Water and Irrigation Act 1914;
(k)Institutional/Public, if the land is not in the metropolitan area and is used for such club, institutional, or public purpose as the Corporation approves, not being a purpose otherwise specifically provided for in this by‑law;
(l)Community Residential, if the land is occupied as a communal property on which several family units dwell at the same time and is managed by the persons dwelling on the land or a committee of them;
(m)Railways, if the land, not being in the metropolitan area, is used for railway purposes other than for the purpose of quarters, institutes or halls;
(n)Charitable purposes, if, in the opinion of the Corporation, the land is used for the purpose of —
(i)providing relief or assistance to sick, aged, disadvantaged, unemployed or young persons; or
(ii)conducting other activities for the benefit of the public or in the interests of social welfare,
by a private organisation that is not operated for the purpose of profit or gain to individual members, shareholders or owners.
(2)Land shall not be classified as Irrigated Market Gardens unless the Corporation considers that the availability of water in the locality is sufficient to justify the land being so classified.
(3)For the purposes of this Division, land may, irrespective of any other classification under sub‑bylaw (1), be classified by the Corporation as Capital Infrastructure if —
(a)the Corporation determines that the land is in an area specified in Column 1 of Division 5 of Part 1 of Schedule 1; and
(b)the Corporation provides or is to provide works to ensure the supply of water to the land.
[By‑law 13 amended in Gazette 31 July 1987 p.2884; 29 June 1988 p.2113; 29 June 1989 p.1871; 16 September 1994 p.4807; 29 December 1995 p.6331; 28 June 1996 p.3106; 13 May 1997 p.2352; 29 June 1999 p.2791.]
[13A.Repealed in Gazette 29 June 1988 p.2113.]
14.Indexation of certain valuations
(1)This by‑law does not apply to the assessment of a charge in respect of land if a value was assigned to the land pursuant to a general valuation under the Valuation of Land Act 1978 that was expressed by a notice under section 21 or 22 of that Act to come into force and came into force for the purposes of this Act, at the commencement of the period for which the charge is to be imposed.
(2)Where a charge in relation to the supply of water under the Country Areas Water Supply Act 1947 is to be assessed in respect of land by reference to GRV, the GRV for the purposes of assessing that charge shall be an adjusted GRV (“AGRV”) calculated in accordance with the formula in Schedule 5.
[By‑law 14 amended in Gazette 29 June 1999 p.2791]
15.Phasing in of certain valuations
Where a charge in relation to the supply of water under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 is to be assessed in respect of land by reference to GRV, the GRV for the purposes of assessing that charge shall be the gross rental value assigned under the Valuation of Land Act 1978 reduced, where applicable, as referred to in section 41D(1)(a) or (b) of the Water Agencies (Powers) Act 1984.
[By‑law 15 amended in Gazette 29 June 1994 p.3173; 29 December 1995 pp.6331‑2.]
In respect of land that is classified as Community Residential, the Corporation shall determine by reference to the anticipated water supply requirements, the number of residential units to which that land is in its opinion equivalent and the land shall be regarded as including that number of notional residential units.
[By‑law 16 amended in Gazette 29 December 1995 p.6331.]
17.Quantity charges for the supply of water
(1)Except as provided in this by‑law, the quantity charge payable for the supply of water to a property is an amount calculated under Division 3 of Part 1 of Schedule 1.
(2)Where Division 3 of Part 1 of Schedule 1 is amended during a charge period the amount payable for the period is to be calculated as if that amendment had not occurred.
(3)Where —
(a)there is a change in the occupation of a property referred to in item 1, 2, 3 or 4 of Division 3 of Part 1 of Schedule 1; and
(b)within 10 days before or after the change in occupation the new occupier has obtained a special meter reading from the Corporation,
the quantity charge payable for the supply of water to the property from that day until the end of the consumption year is the sum of all of the amounts calculated in accordance with the formula in Division 4 of Part 1 of Schedule 1.
[By‑law 17 inserted in Gazette 6 January 1998 p.40; amended in Gazette 7 May 1999 pp.1859‑60; 29 June 1999 pp.2791‑2.]
(1)The charges for water supply to strata titled caravan bays are the annual charge per bay set out in item 3 of Division 1 of Part 1 of Schedule 1 together with a quantity charge calculated under by‑law 17 with the following variations to Division 1 of Part 1 of Schedule 1 —
(a)for bays in the metropolitan area, the first 150 kL of water supplied is charged at the rate for metropolitan residential usage shown in item 1 and water usage over 150 kL is charged at the maximum rate for metropolitan Commercial/Residential usage set out in item 5(c);
(b)for bays in the non‑metropolitan area (according to the classification of the town/area set out in Schedule 8), the first 150 kL of water supplied is charged at the rate for non‑metropolitan residential usage shown in item 3 and water usage over 150 kL is charged at the maximum rate for non‑metropolitan Commercial/Residential usage set out in item 8(i).
(2)Subject to sub‑bylaw (3), the charges for water supply to a commercial caravan park are calculated in the same manner as for other commercial properties, i.e. —
(a)for bays in the metropolitan area, the metropolitan non‑residential meter‑based charge set out in item 1 of Division 2 of Part 1 of Schedule 1, together with the metropolitan non‑residential quantity charge calculated under by‑law 17 and item 5(a) of Division 3 of Part 1 of Schedule 1;
(b)for bays in the non‑metropolitan area (according to the classification of the town/area set out in Schedule 8), the non‑metropolitan non‑residential meter‑based charge set out in item 2 of Division 2 of Part 1 of Schedule 1, together with the non‑metropolitan non‑residential quantity charge calculated under by‑law 17 and item 8(b) of Division 3 of Part 1 of Schedule 1.
(3)The operator of a commercial caravan park may, at his or her option, nominate a number of bays as long term residential caravan bays, and as a consequence —
(a)those bays will be treated as if they were strata‑titled bays for the purposes of annual charges, with the charges for the commercial park being adjusted accordingly and proportionally to the number of long term residential caravan bays in that commercial caravan park; and
(b)the quantity charges apply for the property as a whole in accordance with sub‑bylaws (1)(a) and (1)(b), except that the respective rates for residential quantity charges only apply for the first 150 kL per nominated long term residential caravan bay.
[By‑law 17A inserted in Gazette 30 June 1995 pp.2735‑6; amended in Gazette 28 June 1996 p.3106; 27 June 1997 p.3176; 6 January 1998 p.40; 26 June 1998 p.3400; 29 June 1999 pp.2792‑3.]
17B.Metropolitan non‑residential property water supply charges
(1)In this by‑law —
“formula” means the formula set out in item 1(a) of Division 2 of Part 1 of Schedule 1;
“metropolitan non‑residential property” means land referred to in item 1(a) of Division 2 of Part 1 of Schedule 1;
“Table” means the Table to item 1(a) of Division 2 of Part 1 of Schedule 1.
(2)Subject to sub‑bylaws (4), (6), (7), (8), (9) and (10), and notwithstanding any other provision of these by‑laws, the minimum charge payable for the current year for the provision of water supply to metropolitan non‑residential property is —
(a)the charge calculated in accordance with the formula; or
(b)the minimum charge payable for the relevant size meter in the current year, as set out in the Table,
whichever is the greater.
(3)Where land classified as metropolitan non‑residential property for the whole or part of the current year was not so classified for the whole of the previous year, the Corporation shall estimate a notional charge for the previous year, being a charge that would have been payable for that year if —
(a)the land had been classified as metropolitan non‑residential property; and
(b)the matters and circumstances currently prevailing had prevailed,
for the whole of the previous year, and that notional charge shall be regarded as the charge payable in the previous year for the purposes of variable “A” of the formula.
(4)Where part of the way through the current year land ceases to be, or becomes, metropolitan non-residential property, the charge payable in respect of that land shall be payable in the same ratio as the part of the year for which the charge applies bears to the full year.
(5)Where, for a portion of the current year, in respect of land that is metropolitan non-residential property, there is —
(a)a change in the amount of the charges for the current year as a result of a change in the provision of water supply to that land; or
(b)an interim valuation under the Valuation of Land Act 1978 reflecting any development or change of use of that land,
the Corporation shall, for the purposes of sub‑bylaw (6), estimate a notional charge for the previous year in respect of that land, being the charge that would have been payable for that year if —
(c)the matters and circumstances currently prevailing had prevailed;
(d)any changed provision of water supply referred to in paragraph (a) had been provided; and
(e)any interim valuation reflecting any development or change in use referred to in paragraph (b) had been made and in force,
for the whole of that year.
(6)A charge payable for the portion of the current year referred to in sub‑bylaw (5) shall be payable in the same ratio as the portion of the year bears to the full year.
(7)If a charge calculated under this by‑law for the current year is more than 30% greater than the charge calculated for the same service (and under the same circumstances) in the previous year, the charge is only payable up to that 30% increase.
(8)Where a metropolitan non‑residential property is not directly served by the Corporation, the minimum charge payable for the current year for the provision of water supply to the property is the charge calculated —
(a)in accordance with the formula; and
(b)as if the water supply to the property was metered through a 20 mm meter.
(9)Where a metropolitan non-residential property is served but not metered by the Corporation, the minimum charge payable for the current year for the provision of water supply to the property is the charge calculated —
(a)in accordance with the formula; and
(b)as if the water supply to the property was metered through a meter of a size equal to the diameter of the connecting pipe serving that property.
(10)Where a metropolitan non‑residential property is not metered by the Corporation, the Corporation and the property owner may agree to a consumption charge which will apply to that property or, if agreement cannot be reached, the charge payable is 7.4% of the amount payable for the 1993/94 year.
[By‑law 17B inserted in Gazette 27 June 1997 pp.3176‑7; amended in Gazette 29 June 1999 p.2793.]
17C.Non‑metropolitan, non‑strata titled, Commercial or Industrial property water supply charges
(1)Where a property referred to in item 7(d) of Division 1 of Part 1 of Schedule 1 is not directly served by the Corporation, the charge payable for the current year for the provision of water supply to the property is the charge determined as if the water supply to the property was metered through a 20 mm meter.
(2)Where a property referred to in item 7(d) of Division 1 of Part 1 of Schedule 1 is served but not metered by the Corporation, the charge payable for the current year for the provision of water supply to the property is the charge calculated as if the water supply to the property was metered through a meter of a size equal to the diameter of the connecting pipe serving that property.
(3)Where a charge for the current year under item 7(d) of Division 1 of Part 1 of Schedule 1 is more than 12% greater than the charge calculated for the same service (and under the same circumstances) in the previous year, the charge is only payable up to that 12% increase.
[By‑law 17C inserted in Gazette 29 June 2000 p.3324.]
17D.Various non‑metropolitan water supply charges and classifications
(1)The charges for water supplied to non‑metropolitan residential properties and non‑metropolitan commercial properties (including caravan parks), set out in —
(a)item 3 of Division 3 of Part 1 of Schedule 1;
(b)item 8(b) of Division 3 of Part 1 of Schedule 1;
(c)item 8(i) of Division 3 of Part 1 of Schedule 1; and
(d)item 2 of Schedule 7,
apply to towns/areas according to the classifications given to the towns/areas by the Corporation.
(2)The classification of each town/area is based on the operating cost per kilolitre consumed or the total cost per kilolitre consumed, whichever is the greater, for those towns/areas, determined in accordance with the following Table —
Table
|
Class |
Operating cost |
Total cost |
|
1 |
less than or equal to $1.00 per kL |
less than or equal to $2.00 per kL |
|
2 |
greater than $1.00 per kL but less than or equal to $1.50 per kL |
greater than $2.00 per kL but less than or equal to $3.00 per kL |
|
3 |
greater than $1.50 per kL but less than or equal to $2.50 per kL |
greater than $3.00 per kL but less than or equal to $5.00 per kL |
|
4 |
greater than $2.50 per kL but less than or equal to $5.00 per kL |
greater than $5.00 per kL but less than or equal to $10.00 per kL |
|
5 |
greater than $5.00 per kL |
greater than $10.00 per kL. |
(3)For the purpose of determining quantity charges in the previous year, the towns/areas and the respective classes to which they are allocated are set out in Schedule 8.
(4)For the purpose of determining quantity charges in the current year, the towns/areas and the respective classes to which they are allocated are set out in Schedule 9.
[By‑law 17D inserted in Gazette 27 June 1997 pp.3179‑80; amended in Gazette 6 January 1998 p.40; 26 June 1998 p.3400; 29 June 1999 p.2793.]
18.Concessional non‑metropolitan quantity charge
(1)In this by‑law —
“eligible pensioner” has the same meaning as in section 3(1) of the Rates and Charges (Rebates and Deferments) Act 1992.
(2)Notwithstanding any other provisions of these by‑laws a person who is liable to pay a charge under by‑law 17A(1)(b) or 17A(3)(b) or under item 3 of Division 3 of Part 1 of Schedule 1 in respect of particular land shall be allowed a discount under this by‑law in respect of the charge if —
(a)at the time payment is made, he satisfies the Corporation that he is an eligible pensioner;
(b)subject to sub‑bylaw (3), the land is occupied by the eligible pensioner referred to in paragraph (a), whether or not the land is also occupied by any other person;
(c)he is not liable for the payment of any amount due in respect of a charge assessed according to the quantity of water supplied to that or any other land during a period that commenced before the period to which the discount relates;
(d)he has not been allowed a discount under this by‑law in respect of water supplied to any other land except where the portions of the period to which the discounts relate do not, to any extent, coincide; and
(e)payment is made in full of the total amount of the charge within 3 months after the giving of the account for that charge.
(3)Where the Corporation, having regard to the circumstances of the case, sees fit, it may dispense with the requirements of sub‑bylaw (2)(b).
(4)The discount to be allowed under this by‑law in respect of a charge under by‑law 17A(1)(b) or 17A(3)(b) or under by‑law 17 and item 3 of Division 3 of Part 1 of Schedule 1 is 50% of the amount calculated from the annual charge rates applicable —
(a)where the land concerned is —
(i)in the town of Cue, Laverton, Leonora, Meekatharra, Menzies, Mt Magnet (from 1995/1996 onwards), Sandstone, Wiluna or Yalgoo (from 1995/1996 onwards) and where up to 600 kL of water is supplied in one year; or
(ii)any other land south of 26° South Latitude and where up to 400 kL of water is supplied in one year;
(b)where the land concerned is north of 26° South Latitude and where up to 600 kL of water is supplied in one year.
(5)A person who, in connection with or for the purpose of obtaining a discount under this by‑law, gives information that he knows or has reasonable cause to believe to be false or misleading in any material respect commits an offence.
Penalty: $1 000.
[By‑law 18 amended in Gazette 29 June 1988 p.2113; 14 October 1988 p.4174; 31 December 1992 pp.6412‑13; 4 March 1994 p.904; 30 June 1995 pp.2736‑7; 17 November 1995 p.5344; 29 December 1995 p.6331; 6 January 1998 p.40; 29 June 1999 pp.2793‑4.]
18A.Concessional metropolitan quantity charge
(1)In this by‑law, “eligible pensioner” has the same meaning as in section 3(1) of the Rates and Charges (Rebates and Deferments) Act 1992.
(2)Notwithstanding any other provisions of these by‑laws a person who is liable to pay a charge under by‑law 17A(1)(a) or 17A(3)(a) or under by‑law 17 and item 1 or 2 of Division 3 of Part 1 of Schedule 1 in respect of land in the metropolitan area shall be allowed a concession under this by‑law in respect of that charge if —
(a)at the time the account is issued, or at the time the payment is made, that person satisfies the Corporation that he is an eligible pensioner;
(b)subject to sub‑bylaw (3), the land is occupied by the eligible pensioner referred to in paragraph (a), whether or not the land is also occupied by any other person;
(c)he is not liable for the payment of any amount due in respect of a charge assessed according to the quantity of water supplied to that or any other land during a period that commenced before the period to which the concession relates;
(d)he has not been allowed a concession under this by‑law in respect of water supplied to any other land except where the portions of the periods to which the concessions relate do not, to any extent, coincide; and
(e)payment is made in full of the total amount of the charge within 3 months after the giving of the account for that charge.
(3)The concession to be allowed under this by‑law in respect of a charge under by‑law 17A(1)(a) or 17A(3)(a) or under by‑law 17 and item 1 or 2 of Division 3 of Part 3 of Schedule 1 is 50% of the amount calculated from the annual charge rates applicable where up to 150 kL of water is supplied in one year and where the land concerned is in the metropolitan area.
(4)A person who, in connection with or for the purpose of being allowed a concession under this by‑law, gives information that he knows or has reasonable cause to believe to be false or misleading in any material respect commits an offence.
Penalty: $1 000.
[By‑law 18A inserted in Gazette 1 July 1993 p.3215; amended in Gazette 30 June 1995 p.2737; 29 December 1995 p.6331; 6 January 1998 p.40; 26 June 1998 p.3400; 29 June 1999 p.2794.]
18B.Residential multi‑unit properties — rebates for eligible pensioners
(1)In this by‑law —
“eligible pensioner” has the same meaning as in section 3(1) of the Rates and Charges (Rebates and Deferments) Act 1992;
“registered” in the case of an eligible pensioner who is a tenant, means registered or listed with the Corporation for the purposes of assessment under this by‑law.
(2)Where land comprises a residential multi‑unit property served by a single meter and one or more of those units are occupied by —
(a)an eligible pensioner who has registered an entitlement under the Rates and Charges (Rebates and Deferments) Act 1992 before the commencement of the period to which a quantity charge applies; or
(b)an eligible pensioner who is registered as a tenant with the Corporation before the commencement of the period to which a quantity charge applies,
then sub‑bylaw (3) applies.
(3)Where the Corporation is satisfied that a person described in sub-bylaw (2)(a) or (b) is liable to pay a charge in relation to the water supplied to the property referred to in that sub‑bylaw, the person is entitled to a rebate to be calculated as 50% of the amount calculated from the annual charge rates, based on averaged unit consumption —
(a)where up to 150 kL of water is supplied in one year and where the land concerned is in the metropolitan area and is charged under by‑law 17A(1)(a), 17A(1)(b), 17A(3)(a) or 17A(3)(b) or under by‑law 17 and item 1 or 2 of Division 3 of Part 1 of Schedule 1;
(b)where up to —
(i)600 kL of water is supplied in one year and where the land concerned is in the town of Cue, Laverton, Leonora, Meekatharra, Menzies, Mt Magnet (from 1995/1996 onwards), Sandstone, Wiluna or Yalgoo (from 1995/1996 onwards); or
(ii)400 kL of water is supplied in one year and where the land concerned is any other land south of 26° South Latitude,
and is charged under by‑law 17A(1)(a), 17A(1)(b), 17A(3)(a) or 17A(3)(b) or under by‑law 17 and item 3 of Division 3 of Part 1 of Schedule 1; or
(c)where up to 600 kL of water is supplied in one year and where the land concerned is land north of 26° South Latitude and is charged under by‑law 17A(1)(a), 17A(1)(b), 17A(3)(a) or 17A(3)(b) or under by‑law 17 and item 3 of Division 3 of Part 1 of Schedule 1,
and the rebate is to be credited in accordance with sub‑bylaw (4).
(4)The rebate set out in sub‑bylaw (3) can only be given —
(a)in the case of a person described in sub‑bylaw 2(a), by direct credit to that person’s bank account or to his or her Annual Charges assessment;
(b)in the case of a person described in sub‑bylaw 2(b), by direct credit to that person’s bank account or credit to that person by such other means as the Corporation sees fit.
(5)The Corporation may, after having regard to the circumstances in a particular case, dispense with the requirement in sub‑bylaw (2) for a pensioner to register or be listed prior to the commencement of the period to which a quantity charge applies.
(6)An eligible pensioner registered for the purpose of this by‑law must advise the Corporation, in writing, if that pensioner —
(a)ceases to be an eligible pensioner; or
(b)ceases to occupy the property which is the subject of the registration.
(7)A person who, in connection with or for the purpose of being eligible to have a rebate credited in accordance with this by‑law, gives information that he or she knows or has reasonable cause to believe to be false or misleading commits an offence.
Penalty: $1 000.
[By‑law 18B inserted in Gazette 30 December 1994 pp.7351‑3; amended in Gazette 30 June 1995 p.2737; 17 November 1995 pp.5344‑5; 29 December 1995 p.6331; 6 January 1998 p.41; 26 June 1998 p.3400; 29 June 1999 p.2794.]
[19.Repealed in Gazette 26 June 1998 p.3400.]
19A.Capital infrastructure charges
(1)In this by‑law —
“land” means a residential property or any other land.
(2)Subject to sub‑bylaw (3), if land is classified as Capital Infrastructure, the charge —
(a)set out in Column 3 of Division 5 of Part 1 of Schedule 1; and
(b)corresponding to the area within which the land is situated as specified in Column 1 of Division 5 of Part 1 of Schedule 1,
is a charge for a year in respect of that land, applicable for the number of years specified in Column 4 of Division 5 of Part 1 of Schedule 1.
(3)A person liable to pay a charge under sub‑bylaw (2) may, within 28 days of receiving notice of the charge from the Corporation, elect to pay the corresponding single charge specified in Column 2 of Division 5 of Part 1 of Schedule 1.
(4)Where a person elects to pay a single charge under sub‑bylaw (3) the single charge is payable in relation to the land instead of the annual charges specified in sub‑bylaw (2).
(5)A charge set out in Division 5 of Part 1 of Schedule 1 is payable in addition to any other charges payable for water supply under these by‑laws.
[By‑law 19A inserted in Gazette 13 May 1997 pp.2352‑3; amended in Gazette 7 May 1999 p.1860; 29 June 1999 pp.2794‑5.]
Division 2 — Water supply under Rights in Water and Irrigation Act 1914 other than for irrigation
20.Land subject to water supply charges under this Division
Land that is actually supplied by the Corporation under the Rights in Water and Irrigation Act 1914 with water for purposes other than irrigation shall be taken, in accordance with section 41(1)(b) of the Water Agencies (Powers) Act 1984, to be land in respect of which the Corporation provides water supply and charges under Part 2 of Schedule 1 shall apply in respect of that land.
[By‑law 20 amended in Gazette 29 December 1995 pp.6331‑2; 29 June 1999 p.2795.]
[Divisions 3 and 4 repealed in Gazette 27 June 1997 p.3180.]
Part 3 — Sewerage
In this Part —
“formula” means the formula set out in item 1 of Part 4 of Schedule 2;
“metropolitan non‑residential property” means land referred to in item 1 of Part 4 of Schedule 2;
“Table” means the Table to item 1 of Part 5 of Schedule 2.
[By‑law 21A inserted in Gazette 28 June 1996 p.3109; (correction in Gazette 9 July 1996 p.3281); amended in Gazette 29 June 1999 p.2795.]
21.Land subject to sewerage charges
Land that is connected with a sewer or, although not connected —
(a)is in the opinion of the Corporation reasonably capable of being connected with a sewer; and
(b)has been the subject of a notice advising the owner or occupier of the land that it is reasonably capable of being connected with a sewer,
shall be taken, in accordance with section 41(1)(b) of the Water Agencies (Powers) Act 1984, to be land in respect of which the Corporation provides sewerage and, subject to by‑law 22, charges as set out in Schedule 2, shall apply in respect of that land.
[By‑law 21 amended in Gazette 29 December 1995 pp.6331‑2.]
Where land described in by‑law 4 is not connected with a sewer, it is exempt from any charge set out in Schedule 2.
(1)For the purposes of this Part land described in by‑law 4 that is in a country sewerage area and is connected with a sewer may, irrespective of any other classification under these by‑laws, be classified by the Corporation as —
(a)Institutional/Public, if the land is used for such club, institutional, or public purpose as the Corporation approves, not being a purpose mentioned in paragraph (b) or (c);
(b)CBH Grain Storage, if the land is used by Co‑operative Bulk Handling Limited for the purpose of the storage of grain; or
(c)Charitable Purposes, if, in the opinion of the Corporation, the land is used for the purpose of —
(i)providing relief or assistance to sick, aged, disadvantaged, unemployed or young persons; or
(ii)conducting other activities for the benefit of the public or in the interests of social welfare,
by a private organisation that is not operated for the purpose of profit or gain to individual members, shareholders or owners,
and, where it is not classified under paragraph (a), (b) or (c), shall be taken to have been classified as General Exempt.
(2)For the purposes of this Part land, not being land mentioned in sub‑bylaw (1), may, irrespective of any other classification under these by‑laws, be classified by the Corporation as —
(a)Residential, if the land is used wholly or primarily for the purpose of providing the owner or occupier of the land with a residence for himself, his family or servants, or any of them;
(b)Commercial/Industrial, if the land is in a country sewerage area and is used for business, professional or commercial purposes or for manufacturing or processing;
(c)Vacant Land, if there is no building on the land.
[By‑law 23 amended in Gazette 29 June 1993 p.1871; 29 December 1995 p.6331.]
24.Indexation of certain valuations
(1)This by‑law does not apply to the assessment of a charge in respect of land if a value was assigned to the land pursuant to a general valuation under the Valuation of Land Act 1978 that was expressed by a notice under section 21 or 22 of that Act to come into force and came into force for the purposes of this Act, at the commencement of the period for which the charge is to be imposed.
(2)Where a charge in relation to the provision of sewerage under the Country Towns Sewerage Act 1948 is to be assessed in respect of land by reference to GRV, the GRV for the purposes of assessing that charge shall be an adjusted GRV (“AGRV”) calculated in accordance with the formula in Schedule 5.
[By‑law 24 amended in Gazette 29 June 1999 p.2795.]
25.Phasing in of certain valuations
Where a charge in relation to the provision of sewerage under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 is to be assessed in respect of land by reference to GRV, the GRV for the purposes of assessing that charge shall be the gross rental value assigned under the Valuation of Land Act 1978 reduced, where applicable, as referred to in section 41D(1)(a) or (b) of the Water Agencies (Powers) Act 1984.
[By‑law 25 amended in Gazette 29 December 1995 pp.6331‑2.]
25A.Metered metropolitan non‑residential property sewerage charges
(1)Subject to sub‑bylaws (3), (5) and (6) and notwithstanding any other provision of these by‑laws, the minimum charge payable for the current year for the provision of sewerage to metropolitan non‑residential property that has metered water supply is —
(a)the charge calculated in accordance with the formula; or
(b)the minimum charge payable for relevant number of major fixtures in the current year, as set out in the Table,
whichever is the greater.
(2)Where land classified as metropolitan non‑residential property for the whole or part of the current year was not so classified for the whole of the previous year, the Corporation shall estimate a notional charge for the previous year, being a charge that would have been payable for that year if —
(a)the land had been classified as metropolitan non‑residential; and
(b)the matters and circumstances currently prevailing had prevailed,
for the whole of the previous year, and that notional charge shall be regarded as the charge payable in the previous year as set out for the purposes of variable “A” of the formula.
(3)Where part of the way through the current year land ceases to be, or becomes, metropolitan non‑residential property, the charge payable in respect of that land shall be payable in the same ratio as the part of the year for which the charge applies bears to the full year.
(4)Where, for a portion of the current year, in respect of metropolitan non‑residential property, there is —
(a)a change in the amount of the charges for the current year as a result of an alteration in the method in which the discharge charge is calculated for that property;
(b)a change in the amount of the charges for the current year as a result of a change in the number of major fixtures relevant to that property; or
(c)an interim valuation under the Valuation of Land Act 1978 reflecting any development or change of use of that land,
the Corporation shall, for the purposes of sub‑bylaw (5), estimate a notional charge for the previous year in respect of that property, being the charge that would have been payable for that year if —
(d)the matters and circumstances currently prevailing had prevailed;
(e)the method of calculation of the discharge charge currently prevailing had been used;
(f)any changed number of major fixtures referred to in paragraph (b) had been provided; and
(g)any interim valuation reflecting any development or change in use referred to in paragraph (c) had been made and in force,
for the whole of that year.
(5)A charge payable for the portion of the current year referred to in sub‑bylaw (4) is payable in the same ratio as the portion bears to the full year.
(6)If a charge calculated under this by‑law for the current year is more than 12% greater than the charge calculated for the same service (and under the same circumstances) in the previous year, the charge is only payable up to that 12% increase.
[By‑law 25A inserted in Gazette 28 June 1996 pp.3110‑11; (correction in Gazette 9 July 1996 p.3281); amended in Gazette 27 June 1997 pp.3180 and 3203; 26 June 1998 p.3400; 29 June 1999 p.2795.]
25B.Un‑metered or unconnected metropolitan non‑residential property sewerage charges
(1)Subject to sub‑bylaw (2), the minimum charge payable for the current year for the provision of sewerage to a metropolitan non‑residential property which has sewerage available but not connected is calculated in accordance with the formula, with the variable “Q” in the formula having a value of nil.
(2)Where a metropolitan non‑residential property has no major fixtures, or no shared major fixtures as described in by‑law 25C, the minimum charge payable for the current year for one major fixture, as set out in the Table, is the value of the variable “P” in the formula.
(3)The minimum charge payable for the current year for the provision of sewerage to a metropolitan non‑residential property which is sewered but where any water supply to the property is not separately metered by the Corporation, is calculated in accordance with the formula, and, for the purposes of the calculation, the discharge charge has a value of nil.
[By‑law 25B inserted in Gazette 28 June 1996 p.3111; amended in Gazette 27 June 1997 pp.3180 and 3203.]
25C.Charging for shared sewerage fixtures on metropolitan non‑residential property
Where all or some major sewerage fixtures are shared between metropolitan non‑residential properties the number of major fixtures for a single property shall be calculated as —
the number of major fixtures exclusive to that property (if any)
plus
the number of major fixtures divided by the number of properties sharing those fixtures, rounded down to the nearest whole number but with a minimum of one additional fixture per property.
[By‑law 25C inserted in Gazette 30 June 1995 pp.2743‑4.]
[26.Repealed in Gazette 29 June 1989 p.1871.]
Part 4 — Drainage
27.Land subject to drainage charges
Land in a drainage area within the meaning of the Metropolitan Water Authority Act 1982 shall be taken, in accordance with section 41(1)(b) of the Water Agencies (Powers) Act 1984, to the land in respect of which the Corporation provides drainage and, subject to by‑law 28, charges as set out in Schedule 3 shall apply in respect of that land.
[By‑law 27 amended in Gazette 29 December 1995 pp.6331‑2.]
Land described in by‑law 4 is exempt from any charge set out in Schedule 3.
For the purposes of this Part, land may, irrespective of any other classification under these by‑laws, be classified by the Corporation as —
(a)Residential, if the land is used wholly or primarily for the purpose of providing the owner or occupier of the land with a residence for himself, his family or servants, or any of them; or
(b)Vacant land, if there is no building on the land.
[By‑law 29 amended in Gazette 29 December 1995 p.6331.]
30.Phasing in of certain valuations
Where a charge in relation to the provision of drainage under the Metropolitan Water Authority Act 1982 is to be assessed in respect of land by reference to GRV, the GRV for the purposes of assessing that charge shall be the gross rental value assigned under the Valuation of Land Act 1978 reduced, where applicable, as referred to in section 41D(1)(a) or (b) of the Water Agencies (Powers) Act 1984.
[By‑law 30 amended in Gazette 29 December 1995 pp.6331‑2.]
Part 5 — Irrigation
31.Land subject to irrigation charges
Land that is actually supplied under the Rights in Water and Irrigation Act 1914 with water for irrigation or, although not actually so supplied, is land —
(a)that is, in the opinion of the Corporation —
(i)suitable for irrigation; and
(ii)reasonably capable of being supplied under that Act with water for irrigation;
and
(b)to which the Corporation is prepared to supply water under that Act for irrigation,
shall be taken, in accordance with section 41(1)(b) of the Water Agencies (Powers) Act 1984, to be land in respect of which the Corporation provides irrigation and, subject to by‑law 32, charges as set out in Schedule 4 shall apply in respect of that land.
[By‑law 31 inserted in Gazette 26 June 1992 p.2813; amended in Gazette 29 December 1995 pp.6331‑2.]
Land described in by‑law 4 is exempt from any charge set out in Schedule 4.
For the purposes of this Part, land may, irrespective of any other classification under these by‑laws, be classified by the Corporation as —
(a)Crop Group 1, where the land is used for the cultivation of permanent pasture, orchards (other than citrus), vegetables (flood irrigated), or other crops and the assessed average water usage on that land is 9 megalitres per hectare;
(b)Crop Group 2, where the land is used for the cultivation of fodder crops (full season), citrus orchards, or other crops and the assessed average water usage on that land is 6.5 megalitres per hectare; or
(c)Crop Group 3, where the land is used for the cultivation of early germination crops, pumpkins, vines, vegetables (trickle irrigated), or other crops and the assessed average water usage on that land is 3 megalitres per hectare.
[By‑law 33 inserted in Gazette 29 June 1990 p.3227; amended in Gazette 29 December 1995 p.6331.]
[Part 6 repealed in Gazette 29 June 1989 p.1871.]
