Water Boards Act 1904
Busselton Water Area By-laws
Western Australia
Busselton Water Area By-laws
CONTENTS
Part 1
1A.Terms Used in These By-laws2
1.Trespassing Prohibited2
2.Camping and Lighting of Fires2
3.Protection of Flora, Shrubs, etc.2
4.Animals Prohibited3
5.Disposal of Refuse, etc.3
6.Posting or Distribution of Bills, etc.3
7.Nuisances3
8.Protection of Works from Injury3
Part 2
9.Applications for Services4
10.Supply to Non-rated Premises4
11.Size of Service Pipes4
12.Potable Water Supply Systems4
13.Misuse of Water5
14.Illegal Taking or Selling of Water5
15.Turning Off When Repairing and Tapping5
16.Reward, Reporting Leakage5
17.Waste of Water6
18.Limiting Supply6
19.Fixing of Meters7
20.Repairs and Maintenance of Meters7
21.Notice of Damage or Non-Registration of Meter Shall be Given8
22.Interference with Meters8
23.Period for Reading8
24.Averaging of Consumption8
25.Testing of Meters8
26.Gratuities Prohibited9
27.Junction or Interference with Pipes and Fittings9
Part 3
Division 1 — General
27AMeaning of “Water Efficiency Management Plan”10
27BExtensions of Time10
27CInitial Preparation and Submission of Water Efficiency Management Plans11
27DApprovals, Requests for Further Information and Requests for Amendments12
27EPersons may Submit Revised Plans for Approval at any Time13
Division 2 — After Approval of Water Efficiency Management Plans
27FApplication13
27GPeriod of Approval of Water Efficiency Management Plan13
27HCompliance with Water Efficiency Management Plans14
27IPersons to Submit Revised Water Efficiency Management Plans Before end of Approval Period14
27JBoard may Require Revised Water Efficiency Management Plans15
27KAnnual Reports on Water Efficiency Management Plans15
27LBoard may Revoke Approval of Water Efficiency Management Plans16
Part 4
28.Rating18
29.Rates – How payable18
30.Allowance for Rates19
31.Payment for Excess Water19
32.Fees for Additional Services19
33.Disconnection/Reconnection of Service19
34.Private Fire Services20
35.Building Fees20
36.When Accounts Due and Payable20
37.Entry Private Premises by Officers of the Board20
38.Offences (owner/occupier)21
39.Definitions22
40.Penalty for Breach of these By-laws28
Schedule 1 — Specified days for watering by reticulation
Notes
Compilation table30
Western Australia
Water Boards Act 1904
BUSSELTON WATER BOARD
In pursuance of the powers conferred upon it by the abovementioned Act, the Busselton Water Board hereby records having resolved on 15th day of September 1994 to make and submit for confirmation by the Governor the following by-laws.
The previous by-laws, gazetted on 6 June 1952 are hereby revoked.
Busselton Water Area By-laws
[Heading amended in Gazette 1 Apr 2008 p. 1287.]
By-laws for Protecting the Water, Grounds, Works, etc., from Trespass and Injury.
1A.Terms Used in These By-laws
approval means the Board has given its approval;
non-residential lot does not include a lot that has on it a building that is used, or suitable to be used, for residential purposes, or a lot depicted on a strata plan unless it is a lot in a survey-strata scheme;
water means water supplied by the Board.
[By-law 1A inserted in Gazette 1 Apr 2008 p. 1287.]
Trespassing within the fenced-off ground adjacent to or reserved for Water Supply Works, or the entering without proper authority of any waterworks not open to the public, shall not be permitted.
2.Camping and Lighting of Fires
Camping or lighting of fires within the fenced-off ground adjacent to or reserved for Water Supply Works shall not be permitted. The lighting of fires on any other reserves or fenced-off land is absolutely prohibited unless burning is required for plant operation purposes.
3.Protection of Flora, Shrubs, etc.
The removal, plucking, or damaging of any wild flower, shrub, bush, tree, or other plant, growing on any land or reserve vested in the Board, shall not be permitted.
Animals shall not be permitted within the fenced-off ground adjacent to or reserved for Water Supply Works.
Loose paper or other refuse shall not be left on any portion of the grounds in the vicinity of any water supply or works, except in the receptacles provided therefor.
6.Posting or Distribution of Bills, etc.
Bills, advertisements, or other notices shall not be posted or distributed within the fenced-off ground adjacent to or reserved for Water Supply Works, without prior approval of the Board.
Nuisances shall not be committed on any portion of the grounds in the vicinity of any reservoir or works.
8.Protection of Works from Injury
No person shall in the vicinity of any work carry on or cause to be carried on any mining or quarrying operation, or make any excavation of any sort, or cause any explosion so as to injure any waterworks without prior approval of the Board.
[Heading amended in Gazette 1 Apr 2008 p. 1287.]
By-laws for General Purposes
Applications for water services shall be made on the printed form procurable at the office of the Board.
Full information, as indicated on the prescribed form, shall be supplied and the full amount of rates or other charges due on the premises, to which a service is required, shall be paid on or before application and before the work is commenced.
10.Supply to Non-rated Premises
Any person or persons requiring a water service to any non‑rated property may be supplied on payment of a once only charge equal to the actual cost to the Board to provide such service. The annual charge will then be determined by applying the consumption to the cost per kilolitre for normal excess water as determined each year by the Board.
The size of the service pipe shall in each case be fixed at the discretion of the Board.
12.Potable Water Supply Systems
12.1All potable cold water supply systems shall be installed, designed and maintained in accordance with AS 3500.1-1992 known as the National Plumbing and Drainage Code, Part 1: Water Supply 1992, as published by Standards Australia.
12.2All potable hot water supply systems shall be installed, designed and maintained in accordance with AS 3500.1-1992 known as the National Plumbing and Drainage Code, Part 4: 1994, as published by Standards Australia.
12.3All reference terminology written in this By-Law shall comply with AS 3500.1-1992 known as the National Plumbing and Drainage Code, Part 1: Glossary of Terms 1990, as published by Standards Australia,
12.3.1All references written AS 3500.1-1992 the “Regulatory Authority”, shall be defined to mean the Busselton Water Board.
[By-law 12 inserted in Gazette 28 Feb 1997 p. 1336-7.]
Any person entitled to a supply of water for domestic purposes only or entitled only to a supply of water for any other specified purpose, shall not use such water for any other purpose except that specified.
14.Illegal Taking or Selling of Water
Any person, whether entitled to receive water from the Board or not, shall not, without the written approval of the Board, take, carry away or allow to be taken or carried away, that water, or to sell the same to any other person.
15.Turning Off When Repairing and Tapping
The Board may, from time to time, when necessary for the purpose of tapping or repairing the main, or otherwise, cut off the supply of water from any part or parts of a water area.
The Board may in its discretion adequately reward any person (not being the person in fault), who shall communicate timely information to the Board of any leakage or waste of water, whether the same be accidental, negligently or willfully occasioned or suffered, or who shall give such information as shall lead to the conviction of any person or persons who shall steal or cause to be stolen or improperly appropriated the water of the Board.
Any person supplied with water by the Board, whether by meter or otherwise shall not allow the same to run to waste.
(1)The Board may at such times and for such purposes as it may deem necessary and expedient, prohibit or limit the use of water for any specified purpose or purposes, except with the written approval of the Board.
(2)Notwithstanding sub-bylaw (1), the scope of restrictions set out in sub-bylaw (3) shall generally apply.
(3)A person must not, without the written approval of the Board, use water in contravention of any of the following clauses—
(a)A person does not breach these restrictions if—
(i)the person uses water to water a market garden or plant nursery to the minimum extent necessary to ensure the viable operation of the market garden or plant nursery; and
(ii)the market garden or plant nursery is not supplied with water other than by Busselton Water.
(b)A person must not water a lawn or garden except by—
(i)reticulation during either, but not both, the morning period or the evening period on one of both of 2 days of the week specified in Schedule 1 in relation to the relevant property where morning period means the period before 9.00 a.m. and evening period means the period after 6.00 p.m.; or
(ii)a hand held hose with one outlet; or
(iii)a hand held watering can.
(c)A person must not spray a building, paved area or road except—
(i)to the minimum extent necessary for fire fighting; or
(ii)with—
(I)a high pressure water cleaner which uses pressurized water flowing at a rate of not more than 6L per minute; or
(II)a hand held hose with one outlet;
to the minimum extent necessary for the cleaning of the building, path, paved area or road so as to avoid a threat to public health or safety; or
(iii)with a hand held hose with one outlet to the minimum extent necessary for purposes related to the construction, demolition or repair of the building, path, paved area or road.
(d)A person must not fill a swimming pool except to the minimum extent necessary for the proper functioning of the pool.
[By-law 18 amended in Gazette 1 Apr 2008 p. 1287.]
Any officer appointed by the Board for the purpose may fix a meter on any service and shall determine the size and class of meter in each case. Meters will be supplied by the Board, and may be open or encased, at the discretion of the Board.
20.Repairs and Maintenance of Meters
Any person supplied with water through a meter belonging to the Board shall pay the cost of making good all damage to such meter whilst on his/her land and in his/her charge. Any repairs required shall be done by the Board, and the expense incurred by the Board in so doing shall, on demand, be paid by the owner or occupier of the land, and if not paid on demand shall be recoverable in the same manner as water rates.
21.Notice of Damage or Non-Registration of Meter Shall be Given
Any person supplied by the Board with water through a meter shall, on finding that meter is damaged, or not registering, immediately give notice of the fact to the Water Board Office, Busselton.
Any person shall not break or in any way interfere with the seal fixed on their meter through which water is supplied by the Board, or turn or attempt to turn any screw, bolt, or nut on or attached to such meter, or use any tool or appliance on any such meter, or introduce or attempt to introduce any body or substance into such meter, or in any way interfere with any portion of such meter or any pipes or fittings attached thereto.
The reading of a meter at any time between ten days before and ten days after any stated date may be taken as the reading of the meter at such stated date.
During the time any meter is undergoing repairs, or should it cease to properly register the consumption of water, the Board or any officer appointed by the Board may, at its option, estimate the quantity of water consumed by taking an average of the quantity used during such previous period as the Board shall determine.
If any consumer shall at any time be dissatisfied with any particular reading of a meter, and be desirous of having the meter tested, they shall give written notice thereof to the Board or its officer of such reading and thereupon the said meter shall be tested by passing through it a predetermined quantity of water or known quantity of water, and if upon such testing it shall appear to the satisfaction of the Board or its officer that the meter registered more than five per cent in excess of the quantity that shall actually pass through it at testing, then the Board shall bear the expenses of and incidental to such testing, and shall also adjust the charge to the said consumer, but if the meter upon testing shall not register more than five per cent in excess of the quantity that shall actually pass through it, then the consumer shall pay to the Board all the expenses of and incidental to such testing, provided that the expenses of every test shall be fixed by the Board, subject to a minimum charge as prescribed by the Board from time to time for each test; provided also that the consumer shall not be at liberty to avail themselves of the right to test the registration of the meter for any period other than the period of the registration next preceding the date of reading in respect of which they shall be given notice as aforesaid.
Officers, workers, or agents of the Board shall not solicit or receive any fee or gratuity whatever.
27.Junction or Interference with Pipes and Fittings
Any person shall not make any connection or interference with any pipe or fitting of the Board or with any water pipe or fitting communicating therewith, at any other place than shall be approved of by the Board, and the mains shall only be tapped by the workers of the Board.
Water Efficiency Management Plans
[Heading inserted in Gazette 1 Apr 2008 p. 1287.]
[Heading inserted in Gazette 1 Apr 2008 p. 1287.]
27AMeaning of “Water Efficiency Management Plan”
(1)In this Part—
water efficiency management plan, in relation to a non-residential lot, means a plan for ensuring that water supplied to the lot is used as efficiently as practicable, prepared in accordance with sub-bylaw (2).
(2)A water efficiency management plan must be in an approved form and must contain—
(a)The full name and address of each owner and occupier of the lot; and
(b)A description of the nature of any business or other work being conducted on the lot; and
(c)Details of the measures comprising the plan, including proposed timeframes for implementing each of those measures; and
(d)The estimated savings in water use under the plan; and
(e)The substance of the most recent report under by-law 27K (if any) prepared in relation to the lot; and
(f)Such other information as the Board reasonably requires, as specified in any notice under by-law 27C(2), 27D(2), or 27J(1).
[By-law 27A inserted in Gazette 1 Apr 2008 p. 1288.]
(1)Where under this Part—
(a)It is an offence for a person to fail to do something within a specified period; and
(b)In a particular case it is not practicable for the person to do the thing within that period, the person may, before the end of the period, make a written application to the Board to extend that period.
(2)The Board may, on an application under sub-bylaw (1) extend the period.
(3)The person does not commit the offence if the person does the thing within the extended period.
[By-law 27B inserted in Gazette 1 Apr 2008 p. 1288.]
27CInitial Preparation and Submission of Water Efficiency Management Plans
(1)This by-law applies to an owner or occupier of a non-residential lot in a particular consumption year unless—
(a)the lot was supplied with less than 20 ML of water in the consumption year immediately before that year; or
(b)the owner or occupier has submitted to the Board a water efficiency management plan, the approval of which
(i)is being considered under by-law 27D;
(ii)has been given and remains in force under by-law 27G.
(2)The Board may, by notice in writing, require the owner or occupier to prepare and submit for approval to the Board a water efficiency management plan.
(3)A person who is served with a notice under sub-bylaw (2) must prepare the water efficiency management plan and submit it for approval to the Board within 90 days after the notice is served on the person.
Penalty: a fine of $2,000
[By-law 27C inserted in Gazette 1 Apr 2008 p. 1288.]
27DApprovals, Requests for Further Information and Requests for Amendments
(1)This by-law applies when the Board receives from a person—
(a)a water efficiency management plan prepared and submitted under sub-bylaw (4) or by-law 27C(3), 27E, 27I or 27J(3); or
(b)further information provided under sub-bylaw (3).
(2)The Board must, by notice in writing served on the person within 60 days after the plan is received by the Board—
(a)approve the plan in the form most recently submitted; or
(b)request further information from the person relating to the plan, including the person’s comments on any specific amendments to the plan the Board considers might be necessary; or
(c)request an amended water efficiency management plan in accordance with any instructions specified in the notice; or
(d)if, while the Board is considering the plan, a subsequent revised water efficiency management plan is submitted to the Board under by-law 27E, do anything referred to in paragraph (a), (b) or (c) in relation to the revised plan.
(3)A person who is served with a notice under sub-bylaw (2)(b) must provide the further information within 30 days after the notice is served on the person.
Penalty: a fine of $2,000
(4)A person who is served with a notice under sub-bylaw (2)(c) must prepare the amended water efficiency management plan and submit it for approval to the Board within 60 days after the notice is served on the person.
Penalty: a fine of $2,000
[By-law 27D inserted in Gazette 1 Apr 2008 p. 1288-9.]
27EPersons may Submit Revised Plans for Approval at any Time
A person who has submitted a water efficiency management plan for approval to the Board under this Part may, at any time after that submission (whether or not the plan has been approved), prepare a revised water efficiency management plan and submit it for approval to the Board.
[By-law 27E inserted in Gazette 1 Apr 2008 p. 1289.]
Division 2 — After Approval of Water Efficiency
Management Plans
[Heading inserted in Gazette 1 Apr 2008 p. 1289.]
This Division applies where a person has submitted a water efficiency management plan under by-law 27C(3), 27D(4), 27E, 27I or 27J(3) and the plan has been approved.
[By-law 27F inserted in Gazette 1 Apr 2008 p. 1289.]
27GPeriod of Approval of Water Efficiency Management Plan
The approval remains in force on and from the day the approval was given until—
(a)the person ceases to be an owner or occupier of the lot; or
(b)the approval is revoked under by-law 27L; or
(c)a revised water efficiency management plan is submitted by the person under by-law 27E, 27I or 27J(3); or
(d)a period of 5 years expires,
Whichever occurs first.
[By-law 27G inserted in Gazette 1 Apr 2008 p. 1289.]
27HCompliance with Water Efficiency Management Plans
(1)The person must comply with the water efficiency management plan during the period that the approval remains in force under by-law 27G.
Penalty: a fine of $2,000.
(2)If the Board reasonably suspects that the person has not complied, or is not complying, with the plan during the period that the approval remains in force under by-law 27G, the Board may, by notice in writing, require the person to provide a written report on the person’s implementation of the plan.
(3)A person who is served with a notice under sub-bylaw (2) must prepare the report in an approved form and submit it to the Board within 30 days after the notice is served on the person.
Penalty: a fine of $2,000.
[By-law 27H inserted in Gazette 1 Apr 2008 p. 1289.]
27IPersons to Submit Revised Water Efficiency Management Plans Before end of Approval Period
(1)Except as provided in sub-bylaw (2), the person must, at least 90 days before the end of the period that the approval remains in force under by-law 27G, prepare and submit for approval to the Board a revised water efficiency management plan.
Penalty: a fine of $2,000.
(2)Sub-bylaw (1) does not apply to the person if—
(a)the lot was supplied with less than 20 ML of water in the consumption year immediately before the consumption year in which the approval is due to expire; and
(b)the person has submitted to the Board a written notice in an approved form—
(i)confirming the circumstances in paragraph (a); and
(ii)stating that the person does not intend to use 20 ML or more of water in the consumption year in which the approval is due to expire.
[By-law 27I inserted in Gazette 1 Apr 2008 p. 1289.]
27JBoard may Require Revised Water Efficiency Management Plans
(1)In addition to by-law 27I, the Board may, by notice in writing at any time during the period that the approval remains in force under by-law 27G require the person to prepare and submit for approval to the Board a revised water efficiency management plan if—
(a)There has been a significant change in—
(i)the use of water supplied to the lot; or
(ii)the quantity of water available for supply to the lot,
since the approval was given; or
(b)otherwise where the Board thinks it is necessary on the basis of a report under by-law 27K.
(2)The notice may specify measures to be included in the revised plan, including timeframes for implementing each of those measures.
(3)A person who is served with a notice under sub-bylaw (1) must prepare the revised plan and submit it for approval to the Board within 60 days after the notice is served on the person.
Penalty: a fine of $2,000.
[By-law 27J inserted in Gazette 1 Apr 2008 p. 1290.]
27KAnnual Reports on Water Efficiency Management Plans
(1)During the period that the approval remains in force under by-law 27G the person must, within 30 days after each anniversary of the approval, prepare and submit to the Board a report on the efficacy of the water efficiency management plan.
Penalty: a fine of $2,000
(2)The report must be in an approved form and must—
(a)compare the use of water supplied to the property during the period to which the report relates against the estimated savings in water use under the plan for that period; and
(b)contain such other information relating to the efficacy of the plan as the Board reasonably requires, as specified in—
(i)any notice under by-law 27C(2), 27D(2) or 27J(1); or
(ii)any other written notice served on the person for the purposes of this paragraph.
(3)The Board may, by notice in writing served on the person within 90 days after the report is received by the Board, request such further information from the person relating to the efficacy of the plan as the Board reasonably requires.
(4)A person who is served with a notice under sub-bylaw (3) must provide the information in an approved form and submit it to the Board within 30 days after the notice is served on the person.
Penalty: a fine of $2,000.
[By-law 27K inserted in Gazette 1 Apr 2008 p. 1290.]
27LBoard may Revoke Approval of Water Efficiency Management Plans
(1)The person may, in an approved form, make an application for the Board to revoke its approval of the water efficiency management plan.
(2)On an application under sub-bylaw (1) the Board may revoke its approval if it is satisfied that—
(a)the lot was supplied with less than 20 ML of water in the consumption year immediately before the consumption year in which the application was made; and
(b)the person does not intend to use 20 ML or more of water in the consumption year in which the application was made.
[By-law 27L inserted in Gazette 1 Apr 2008 p. 1290.]
Rates and Charges
[Heading inserted in Gazette 1 Apr 2008 p. 1290.]
(a)Within the Busselton Water Area the water rate charged shall be at a rate not exceeding that prescribed in Section 93 of the Act. A minimum rate in accordance with Section 92 of the Act shall be payable on each separately assessed piece of land.
(aa)Within the Busselton Water Area the Standard Water Charge and the Water Consumption charges shall be as set by the Board, with the approval of the Minister.
(b)In making rates a distinction may be made between occupied and vacant land, and in the event of a dispute as to whether or not land shall be regarded as vacant, the decision of the Board shall be final in every case.
(c)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 28 amended in Gazette 14 October 1997 p.5728.]
Rates shall become due and payable yearly in advance on the first day of July. Provided that in all cases where a rate is made after the first day of July in any year the notice of the order for the making and levying of such rate, published in the Government Gazette and a newspaper, as provided by Section 94 of the said Act, shall specify a minimum basic rate payable as rate as aforesaid, and the date or dates when the rates shall be due and payable, and such rate shall be and become due and payable in accordance with the terms of such notice.
[By-law 29 amended in Gazette 14 October 1997 p.5729.]
Every ratepayer shall be entitled to consume on each separately assessed piece of land of which he/she is owner or occupier that quantity of water which is calculated at the price specified in the annual budget as that at which water is supplied for rates payable on properties in the Water Board area by applying such price per kilolitre to the amount of rates raised provided that such water is taken during the period between the final meter reading dated immediately prior to the approval of the budget of one year and the final meter reading of the next year.
Every ratepaying consumer taking water in excess of the quantity to which he/she is entitled in respect of the rate shall pay for the excess in accordance with prices set by the Board, with the approval of the Minister.
32.Fees for Additional Services
In any case where the owner or occupier of any separately rated piece of land requires more than one service to be installed for supplying water to such land, such additional service or services shall, at the discretion of the Board, be installed. The owner or occupier shall pay an annual fee as determined by the Board from time to time, for each additional service installed.
33.Disconnection/Reconnection of Service
In every case in which the supply of water shall have been cut off by reason of non-payment of rates or other charges, or by reason of a defective service, or by request of the occupier owner, or when, in the opinion of the Board, necessary to prevent waste of water, or for other reasons, a minimum fee of twenty five dollars shall be charged for disconnection and re‑connection, provided that where the cost exceeds the minimum fee the actual cost of the disconnection and re-connection, as determined by the Board, shall be charged, and shall be payable by the owner or occupier for the time being, on demand. The service shall not be restored until such fee has been paid.
Private fire services will be allowed, but every service shall be sealed, except in cases where the Board may decide that sealing is unnecessary. For each such service there shall be paid the actual cost of installation, and an annual fee of an amount as determined by the Board from time to time. No water shall be taken from any sealed portion except for extinction of fire. In the event of the seal having been broken in case of fire or by accident, or otherwise, the occupier shall give notice, and pay the cost of resealing.
Where water is required for building purposes, builders and plumbers shall be provided with complete upstand units which will include copper piping, tap and star picket for a cost assessed by the Board from time to time. At the completion of works the Board will but back the upstand, provided it is returned to the Board in workable condition, at a price assessed by the Board from time to time.
36.When Accounts Due and Payable
Where water is supplied by measure to the owner or occupier of land, whether rated under the Act or otherwise, payment for same shall become due and payable within 30 days after service of the account, unless otherwise agreed upon.
37.Entry Private Premises by Officers of the Board
It shall be lawful for the Inspector or any assistants acting under the directions of the Inspector or other authorised officer, at their discretion, at any reasonable hour, with or without notice, to enter any land, house, or premises for the purpose of ascertaining whether any act or thing is being done or permitted on such land, house or premises in breach of the by-laws, and to remove or cause to be removed anything thereon in breach of these by-laws, or take such steps as they may deem necessary for carrying out these provisions. The cost of such removal or such other necessary act shall be borne by the owner or occupier of the premises upon which such breach will occur.
The Board may, by notice in writing given to the owner/occupier of the premises concerned, direct that person so notified to incur compliance with the Boards By-Laws, within the specified time frame as directed in the notice.
38.1Failure to Comply with Notice
A person who fails to comply with a direction contained within a notice commits an offence.
38.2Continuation of offence
Providing a written instruction has been issued from the Board to the owner/occupier of the property concerned and the offence continues, the Board may at the owners expense: —
*restrict the boundary water supply connection; or
*arrange disconnection of any potential hazardous water supply connection.
38.2.1Penalty
The Penalty for contravention of this By-Law shall be as referred in By-Law 40 (1) and in addition, if the owner/occupier of the property who fails to comply with the requirement of this By-Law, is liable to a further penalty of $200.00 per day, or part thereof, for every day that the offence continues.
38.3Offences (Licensed Plumber)
The Board may, by notice in writing given to a licensed plumber, direct the licensed plumber so notified, to ensure that certain water supply plumbing works comply with the Boards By-Laws and within the specified time frame, as directed in the notice.
38.3.1A licensed plumber who fails to comply with a direction contained within a notice from the Board commits an offence.
38.3.2The penalty for contravention of the By-Law shall be as referred in By-Law 40(1) and in addition, a licensed plumber fails to comply with the requirements of this By-Law is liable to a further penalty of $200.00 per day, or part thereof, for every day that the offence continues. The Board may also at its discretion: —
*restrict the boundary water supply connection; or
*arrange disconnection of any potential hazardous water supply connection.
38.4Offences General
An individual shall not carry out or have carried out, any plumbing works in connection with the potable water supply system unless: —
*he/she is working under the direct control of a licensed plumber; and
*a notice of intention to commence plumbing work has been lodged with the Board within two (2) normal working days prior to the proposed works.
38.4.1The penalty for contravention of this By-Law is as referred in By-Law 40(1).
[By-law 38 inserted in Gazette 28 Feb 1997 p. 1337.]
39.1In this By-Law a certificate means a Certificate of Completion and Compliance under By-Law 39.3.1.
39.1.1A licensed plumber means a person who is the holder of a water supply licence, authorised to carry out plumbing works in the Busselton Water Boards area of control.
39.1.2Plumbing work means the installation, maintenance, repair and testing of any part of a hot and cold potable water supply system.
39.1.3Normal working day means any day of the week, other than Saturday, Sunday or public holidays.
39.1.4A Notice means Notice of Intention to Commence Work under By-Law 39.2.
39.1.5Notified work means work described in the notice.
39.2Notification of Work
Subject to By-Law 39.4.1, a licensed plumber shall not carry out or have carried out, any work in conjunction with the water supply system, unless he/she has lodged with the Board a Notice of Intention to Commence Work not less than two (2) normal working days prior to commencement of the work.
39.2.1A Notice of Intention to Commence Work shall be in a form approved by the Board, legibly completed and signed by the licensed plumber who is to carry out the work.
39.2.2The Board may refuse to accept for lodgement a notice that does not comply with By-Law 39.2.1.
39.2.3A licensed plumber who lodges a notice: —
(a)is responsible for the performance of the notified work, whether the work is carried by the licensed plumber or by another person under the direction and supervision of that licensed plumber; and
(b)shall ensure that the notified work is carried out in accordance with these By-Laws.
39.3Certification of Work
39.3.1Within 7 normal working days of completing notified work, the licensed plumber shall lodge with Board: —
(a)A Certificate and Compliance in respect of the notifiable work.
39.3.1.1A Certificate of Completion and Compliance shall be in a form approved by the Board, legibly completed and signed by the licensed plumber responsible for the notified work.
39.3.1.2The licensed plumber shall give a copy of a certificate lodged under By‑law 39.3.1 to the owner/occupier of the premises on which the notified work was carried out, within 7 normal working days after completing that work.
39.4Alteration, Withdrawal or Cancellation of a Notice
39.4.1If, after commencement of notified work, a licensed plumber wishes to alter or withdraw the notice lodged in respect of that work, the licensed plumber shall lodge with the Board: —
(a)the certificate that corresponds with the notice, duly completed in accordance with the instructions set out in the book of forms; and
(b)in the case of alteration, a fresh notice complying with By-Law 39.2.1; and give a copy of the certificate that corresponds to the notice to the owner or occupier of the premises concerned.
39.4.1.1Where notified work is not to be commenced, the licensed plumber shall cancel the notice in respect of that work by lodging with the Board the certificate that corresponds to the notice, duly completed in accordance with the instruction set out in the books of forms.
39.4.1.2A licensed plumber who fails to comply with any of the requirements of By-Law 39.4.1 or 39.4.1.1 in relation to the alteration, withdrawal or cancellation of a notice commits and offence.
Penalty $500.00
39.4.2Work Taken Over by Another Plumber
39.4.2.1Where notified work has been commenced but a licensed plumber other than the licensed plumber named in the notice (in this By-Law and By-Law 39.4.1 called the first plumber) is to take over and complete the work, the first licensed plumber shall withdraw the notice in the manner set out in By‑Law 39.4.2.2 (a), (b) and (c).
39.4.2.2The licensed plumber taking over the work referred to in By-Law 39.4.2.1 shall: —
(a)lodge with the Board a fresh notice advising of the change of licensed plumber;
(b)provide the Board with written confirmation of the change of licensed plumber from the owner/occupier of the premises which the work is being carried out; and
(c)within 7 normal working days of completing the work, lodge a certificate in respect of the work carried out but not certified by the first licensed plumber.
39.4.2.3A licensed plumber who fails to comply with the requirements of By‑Law 39.4.2.2 commits an offence.
39.4.3Directions by Board as to Work
39.4.3.1Where the Board is of the opinion that a licensed plumber: —
(a)has not commenced notified work within 12 months of the date of lodgement of a notice and has not withdrawn or cancelled that notice under By‑Law 39.4;
(b)has commenced notified work but has failed to complete that work in a reasonable time; or
(c)has carried out notified work that is not in accordance with these By-laws the Board may, by notice in writing given to the licensed plumber or the owner/occupier of the premises concerned, direct the person so notified to ensure that the work is commenced, completed or otherwise carried out within such time and conditions as are specified in the notice.
39.4.3.2The Board may by further notice in writing, vary or cancel a notice given under By-Law 39.4.3.1.
39.4.3.3A person who fails to comply with a direction contained in a notice under By-Law 39.4.3.1 or in such a notice as varied under By-law 39.4.3.2, commits an offence.
39.4.3.4Where notice under By-law 39.4.3.1 or such notice as varied under By‑Law 39.4.3.2, is not complied with, the Board may refuse permission for connection of the work to the Boards works.
39.4.3.5A person convicted of an offence under By-Law 39.4.3.3 shall, in addition to any penalty incurred under that By‑Law, pay any expenses, loss or damage incurred by the Board in consequence of the offence.
39.4.4Forms
39.4.4.1A licensed plumber may obtain a book of the approved forms of notice and certificate from the Board on the payment of the appropriate fee.
39.4.4.2Licensed plumbers shall comply with any instructions contained in a book of forms in relation to the completion and place of lodgement of a notice or certificate.
39.4.5Plumber to Report Certain Matters
39.4.5.1A licensed water supply plumber shall immediately report to the Board anything found or brought to the attention of the plumber in the course of carrying out plumbing work, that is likely to result in: —
(a)contamination of the potable water supply system; and
(b)wastage of the potable water supply system.
(c)the contamination of water supplied by the Board water supply system.
[By-law 39 inserted in Gazette 28 Feb 1997 p. 1337-9.]
40.Penalty for Breach of these By-laws
(1)A person who contravenes or commits a breach of any provision of these by-laws, whether by act or omission, for which a penalty is not expressly prescribed, is liable, on conviction, to a penalty not exceeding $2 000.00 and in the case of a continuing contravention or breach, to a further penalty not exceeding $200.00 for each day during which the offence continues after notice of the contravention or breach is given by or on behalf of the Board to that person.
(2)In addition to any penalty provided by these by-laws, any expense, loss or damage incurred by the Board in consequence of the breach of any by-law shall be paid by the person committing the breach.
[By-law 40, formerly by-law 39, renumbered in Gazette 28 Feb 1997 p. 1337.]
Schedule 1 — Specified days for watering by reticulation
[bl. 18]
[Heading inserted in Gazette 1 Apr 2008 p. 1291.]
|
Last digit of property’s street or lot number |
Days for watering by reticulation |
|
1 |
Wednesday and Saturday |
|
2 |
Thursday and Sunday |
|
3 |
Friday and Monday |
|
4 |
Saturday and Tuesday |
|
5 |
Sunday and Wednesday |
|
6 |
Monday and Thursday |
|
7 |
Tuesday and Friday |
|
8 |
Wednesday and Saturday |
|
9 |
Thursday and Sunday |
|
0 |
Friday and Monday” |
[Schedule 1 inserted in Gazette 1 Apr 2008 p. 1291.]
1This is a compilation of the Busselton Water Area By‑laws and includes the amendments referred to in the following Table.
|
Citation |
Gazettal |
Commencement |
|
Busselton Water Area By‑laws |
23 Sep 1994 p. 4903-6 |
23 Sep 1994 |
|
Untitled By-laws |
28 Feb 1997 p. 1336-9 |
28 Feb 1997 |
|
Untitled By-laws |
14 Oct 1997 p. 5728-9 |
14 Oct 1997 |
|
Untitled By-laws 2 |
1 Apr 2008 p. 1286-91 |
1 Apr 2008 |
2These by-laws supersede the by-laws published in error in Gazette 20 Mar 2008 p. 889‑90.