Water and Sewerage Corporation Act 2012 (Tas)

Water and Sewerage Corporation Act 2012

An Act to provide for the establishment of the Tasmanian Water and Sewerage Corporation, for the transfer to that Corporation of the assets and liabilities of the four corporations established under the Water and Sewerage Corporations Act 2008 , for the repeal of that Act and for related matters [Royal Assent 11 December 2012]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Water and Sewerage Corporation Act 2012 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Purposes of Act The purposes of this Act are to – (a) provide for matters relating to the establishment and governance of a Corporation, having as its primary purpose the provision of water and sewerage services in Tasmania; and (b) vest the water and sewerage assets, rights and liabilities of the Regional Corporations and the Common Services Corporation in the Corporation; and (c) make provision for the transfer of water and sewerage employees of the Regional Corporations and the Common Services Corporation to the Corporation.

4. Interpretation In this Act, unless the contrary intention appears – Auditor-General has the same meaning as in the Audit Act 2008 ; Board means the board of directors of the Corporation; borrowing means any borrowing, loan, temporary accommodation, advance or other form of raising funds in relation to which the principal is repayable; chief executive officer means the person appointed under section 15 ; Common Services Corporation means the Tasmanian Water and Sewerage Corporation (Common Services) Pty Ltd (ACN 133 654 912) registered under the Corporations Act; Commonwealth Tax Act means the IncomeTax Assessment Act 1936 of the Commonwealth and any other enactments of the Commonwealth relating to income tax; constitution means the constitution of the Corporation or any subsidiary of the Corporation; Corporation means the corporation incorporated in accordance with section 5 ; director means a director of the Corporation; dispose means, in relation to any property, to sell, transfer, assign, create a security interest over, declare oneself a trustee of, or part with any benefit of, or otherwise dispose of, that property, or any interest in it, or any part of it; document includes part of a document; elected government official means a person who is, or has been elected as, a Member of Parliament of Tasmania or a councillor within the meaning of the Local Government Act 1993 ; GBE Treasurer's Instruction means a Treasurer's Instruction within the meaning of the Government Business Enterprises Act 1995 ; guarantee means a guarantee, indemnity, letter of credit, letter of comfort or other assurance or assumption of responsibility given at any time for a debt or liability of another person or the solvency or financial condition of that person; legal or other proceeding includes arbitration proceedings and mediation proceedings; member, in relation to the Corporation, means a member of the Corporation within the meaning of the Corporations Act; principal objectives, in relation to the Corporation, means the principal objectives of the Corporation specified in section 6 ; Regional Corporation means any of the following companies registered under the Corporations Act: (a) Tasmanian Water and Sewerage Corporation (Northern Region) Pty Ltd (ACN 133 655 062); (b) Tasmanian Water and Sewerage Corporation (North-Western Region) Pty Ltd (ACN 133 655 008); (c) Tasmanian Water and Sewerage Corporation (Southern Region) Pty Ltd (ACN 133 654 976); regulations means regulations made and in force under this Act; shareholders' letter of expectation means a letter issued by the members of the Corporation to the Board under section 12 ; subsidiary has the same meaning as in the Corporations Act; transfer day means a day specified by the Minister under section 28 to be the day on which a transfer order takes effect; transfer order means an order contained in a notice published in the Gazette under section 28(1) ; transferred employee means a person who becomes an employee of the Corporation on the transfer day by the operation of section 28(1) ; water and sewerage functions means – (a) in the case of water, any function associated with – (i) the collection or storage of that water, including by way of bulk supply; and (ii) the treatment of that water; and (iii) the conveyance and reticulation of that water; and (iv) the supply of that water; and (b) in the case of sewerage, any function associated with – (i) the collection or storage of sewage; and (ii) the conveyance and reticulation of sewage; and (iii) the treatment of sewage; and (c) any other functions associated with the functions referred to in paragraph (a) or (b) , which may include those associated with stormwater and the re-use of sewage; and (d) any other functions as may be prescribed by the regulations.