Water Services Act 2012 (WA)

Western Australia Water Services Act 2012 Western Australia Water Services Act 2012 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Crown bound 8 Part 2 — Licensing of water service providers Division 1 — Licensing requirement 5. Requirement for licences 9 6. Licensing extends to statutory providers 9 7. Minister may grant exemptions 9 Division 2 — Licences 8. Classification of water services 10 9. Operating areas 11 10. Application for licence 11 11. Grant of licence 12 12. Conditions of licence 12 13. Renewal of licence 15 14. Duration of licence 16 15. Transfer of licence 16 16. Person who has provided water services becoming licensee 17 17. Amendment of licence — on initiative of Authority 17 18. Amendment or cancellation of licence — on application of licensee 18 19. Effect of water resource management plans 18 20. Other laws not affected 18 Division 3 — Duties of licensees — statutory licence conditions 21. Duty to provide services and do works 19 22. Provision of water services outside operating areas 20 23. Works holding arrangements 20 24. Asset management system 21 25. Operational audit 22 26. Compliance with codes of practice made by Minister 23 27. Compliance with code of conduct made by Authority 24 28. Code of conduct — consultative committee 25 29. Licensee must comply with duties under Act 26 30. Prescribed conditions of licence 26 Division 4 — Failure to comply with licence — enforcement 31. Failure to comply with licence 26 32. Right of licensee to make submissions 27 33. Exception — dangerous situations 28 Division 5 — Ending of licence and cessation of water services 34. Cancellation of licence for serious default 28 35. Provision of a water service ceasing — regulations may deal with consequences 30 36. Provision of a water service ceasing — duty to leave system in safe condition 30 Division 6 — Water service works and other assets 37. Licensee operating with works holding body 31 38. Regulations may deal with transfer of assets on land not held by asset holder 32 Division 7 — Inspectors 39. Terms used 33 40. Entry for inspection purposes 34 41. General powers for inspection purposes 34 42. Power to prohibit use etc. 35 43. Offences 36 Division 8 — Review of decisions 44. Review of certain decisions 37 Division 9 — General licensing provisions 45. Applications — additional information 39 46. Matters relevant to determination of public interest 39 47. Notice of and publication of certain decisions 39 48. Licences to be available for inspection 40 49. Regulations about public consultation 40 Part 3 — Last resort supply arrangements 50. Terms used 41 51. Designated areas 41 52. Authority to ensure supply plan in place for designated areas 41 53. Requirements for supply plans 42 54. How supply plan brought into operation 42 55. Appointment of supplier of last resort 43 56. Functions of supplier of last resort 44 57. Approval or determination of supply plan 44 58. Amendment of supply plan 45 59. Supplier of last resort to be treated as licensee 45 60. Duty to perform functions of supplier of last resort 45 61. Liability and recovery of costs of supplier of last resort 46 62. Regulations about last resort supply arrangements 47 Part 4 — Water services ombudsman scheme Division 1 — Preliminary 63. Terms used 49 64. Regulations about water services ombudsman scheme 49 Division 2 — Approval of water services ombudsman scheme 65. Authority may approve scheme 49 66. Requirements for scheme or amendment to be approved 50 67. Revocation of approval 51 Division 3 — Scheme operation 68. Customers etc. may have decision or complaint reviewed 52 69. Jurisdiction of courts and tribunals 52 Division 4 — Membership of approved scheme 70. Membership of approved scheme 53 Part 5 — Water services Division 1 — Terms used 71. Terms used 54 Division 2 — Provision of water services generally 72. Application of this Division in relation to certain agreements 57 73. Statutory entitlement to provision of water services 57 74. Terms and conditions of provision of water services 57 75. Agreements about provision of water services 59 76. Aspects of certain agreements binding on successors 60 77. Interruption of water services generally 61 78. Meters 62 79. Accuracy and testing of meters 62 Division 3 — Development and building control, and infrastructure contributions 80. Terms used 63 81. Application of this Division 63 82. Notification of and requirements as to building work 64 83. Satisfying requirements for additional water services 65 84. Ensuring water service works are done 68 85. Infrastructure contributions 68 86. Property in certain works 70 87. Review of certain decisions under or relating to this Division 70 Division 4 — Protection of works, fittings and fixtures 88. Interfering with water service works of licensee 72 89. Taking water without or contrary to approval 73 90. Construction etc. over or in vicinity of water service works of licensee 74 91. Requirement to use etc. approved fittings, fixtures and pipes 76 92. Requirement to maintain etc. fittings, fixtures and pipes 77 Division 5 — Water supply services 93. Approval required before connecting to water supply 79 94. No connection of additional water supply without approval 79 95. Disconnection or reduction in rate of flow etc. 80 96. Fire hydrants 81 97. Taking water from fire hydrants 83 Division 6 — Sewerage services Subdivision 1 — Sewer connections 98. Minister may require connection to sewerage works 83 99. Approval required before connecting to sewer 84 100. Common sewer connections 85 Subdivision 2 — Discharge of trade waste 101. Terms used 85 102. Discharge of trade waste without or contrary to licensee's approval 86 103. Approval of licensee 86 104. Discharge of trade waste not in accordance with approval 87 105. Failure to maintain fittings, fixtures and pipes 88 106. Compliance notices 89 107. Regulations relating to discharge of trade waste 90 Division 7 — Drainage services 108. Term used: drainage assets 90 109. Controlled drainage assets 91 110. Minister may require connection to drainage works 92 111. Approval required before connecting to drainage works 94 112. Requirement to maintain or modify drainage assets, etc. 94 113. Relationship of this Division to certain other Acts 96 Division 8 — Enforcement Subdivision 1 — Entry for compliance purposes 114. Term used: compliance purposes 96 115. Entry for compliance purposes 96 116. General powers for compliance purposes 97 117. Offences 98 Subdivision 2 — Compliance notices 118. Application of Subdivision 98 119. Compliance notices 99 120. Giving compliance notices 99 121. Licensee or Minister may remedy failure to comply 100 122. Review of decisions relating to giving compliance notices 102 Division 9 — Fees and charges for water services 123. Licensees may impose fees and charges for water services 104 124. Regulations may provide for water service charges 104 125. Supplying groups of dwellings 108 126. Water service charges payable despite change in ownership of land or liability to prosecution 108 127. Order for payment of water service charges 109 Division 10 — General provisions 128. Prohibition on dealings in land 110 129. Reading meters etc. and routine inspection and maintenance 111 130. Dangerous situations 112 131. Approval of licensee subject to conditions 113 Part 6 — Powers in relation to water service works Division 1 — Preliminary 132. Terms used 114 133. Major works 114 134. General works 115 135. Exempt works 116 Division 2 — Provision of water service works 136. Powers in respect of water service works 116 137. Exemption of water service works from certain planning laws 117 138. Surveys and testing work 117 139. Ancillary works powers 118 140. Entry for provision of works etc. 119 141. Special provisions applicable to road works 120 Division 3 — Major works, requirements for public notification and Ministerial authorisation 142. Prerequisites to provision of major works 120 143. Licensee to prepare plans and publish and give notice of major works 121 144. Objections and submissions 122 145. Licensee may amend proposal 123 146. Submission of proposal to Minister 123 147. Powers of Minister in respect of proposal 124 148. Certain objectors and submitters to be notified of authorisation 124 149. Certain alterations, extensions and additions to major works 125 Division 4 — General works, requirements for public notification and, in certain cases, for Ministerial authorisation 150. Prerequisites to provision of general works 126 151. Licensee to prepare plans and give notice of general works 126 152. Objections and submissions 128 153. Licensee may amend proposal 128 154. Submission of proposal to Minister 128 155. Powers of Minister in respect of proposal 129 Division 5 — Exempt works 156. No prerequisites under this Part 129 Division 6 — Deviation and modification 157. Term used: water service works 130 158. Plans may indicate possible deviation from line of works 130 159. General power to deviate by up to 20 m 130 160. Modification by agreement with owner and occupier 131 161. When Minister may authorise deviation or modification 131 Division 7 — Property in water service works 162. Property in water service works and things placed on land 132 163. Powers of licensee in respect of water service works that are part of land 133 Part 7 — Powers in relation to interests in land 164. Terms used 134 165. Power of public authority to grant certain interests 134 166. Taking of interest in land for purposes of licensee 134 167. Vesting of interest 135 168. Easements in gross 136 169. Subdivision of land — planning approval 136 170. Sale of land 136 Part 8 — Entry for performance of functions Division 1 — Preliminary 171. Terms used 137 172. Application of this Part 138 Division 2 — Entry for performance of functions 173. Entry with consent or under notice or warrant 138 174. Notice of entry 139 175. Rights of occupier of dwelling 140 176. When authorised person must leave etc. 142 177. Power to enter includes power to enter other places 142 178. Entry with vehicles and equipment 143 179. Assistance to exercise powers 143 180. Use of force 143 181. Actions of authorised persons and others 144 182. Injunction in support of power of entry 144 183. Complaints about exercise of powers 145 Division 3 — Warrants to enter 184. Term used: remote communication 145 185. Application for warrant 145 186. Contents of application 146 187. How application to be made 146 188. Issue of warrant 148 189. Contents of warrant 148 190. Execution of warrant 149 Part 9 — Legal proceedings Division 1 — Legal proceedings 191. Prosecutions — who may commence 150 192. Time for bringing prosecutions 150 193. Continuing offences — daily penalties 150 194. Injunctions to ensure compliance with this Act 151 195. Court's power to make ancillary orders on conviction 152 Division 2 — Liability of certain persons 196. Liability of officers for offence by body corporate 154 197. Liability of principal for acts of agent 154 198. Liability of employer for offences of employee 155 199. Conduct on behalf of bodies corporate and principals 156 Division 3 — Evidentiary provisions 200. Evidence of certain things relating to contraventions 157 201. Evidence of authorisation and enforcement matters 158 202. Evidence of scientific matters 159 203. Documentary and signed evidence 160 204. Evidence of ownership or occupancy 161 205. Evidence of documents and service 162 206. Provisions are in addition to Evidence Act 1906 163 Part 10 — Administration Division 1 — The Economic Regulation Authority 207. Functions of Authority 164 208. Authority's capacity to authorise or designate persons 164 Division 2 — Inspectors and compliance officers 209. Terms used 165 210. Designation of inspectors and compliance officers 165 211. Limitations on scope of authority of inspectors and compliance officers 166 Division 3 — General matters 212. Delegation by Minister 167 213. Delegation by CEO 168 214. Information sharing 169 215. Confidentiality of information 171 Part 11 — Miscellaneous 216. Relationship of this Act to Rights in Water and Irrigation Act 1914 and Health (Miscellaneous Provisions) Act 1911 173 217. Licences not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 173 218. Liability of certain persons for damage caused in exercise of powers 173 219. Immunity from liability for certain official actions 174 220. Limitation of liability for certain actions 175 221. Infringement notices and the Criminal Procedure Act 2004 177 222. Regulations 178 223. Notes in the text 182 224. Review of Act 182 225. Transitional provisions 182 Schedule 1 — Transitional provisions Division 1 — Transitional provisions for the commencement of this Act Subdivision 1 — Preliminary 1. Terms used 183 2. New provisions that correspond to old provisions 183 3. Relationship of this Division to Water Corporations Act 1995 Schedule 5 Division 1 183 Subdivision 2 — Application of Interpretation Act 1984 4. Application of Interpretation Act 1984 184 Subdivision 3 — General provisions 5. Continuing effect of licences, exemptions, directions, determinations, notices etc. 184 6. Completion of things commenced before commencement day 185 7. Continuing effect of things done before commencement day 185 8. References to repealed Acts and old provisions 185 9. Relationship of this Subdivision to other transitional provisions 185 Subdivision 4 — Specific provisions 10. Licences and exemptions 186 11. Initial code of conduct under section 27 186 12. Initial water services ombudsman scheme 186 13. Water service works of licensees 187 14. Drainage works of the Water Corporation 188 15. Relationship of this Subdivision to transitional regulations 189 Subdivision 5 — Transitional regulations 16. Transitional regulations 189 Notes Compilation table 191 Uncommenced provisions table 192 Other notes 192 Defined terms Western Australia Water Services Act 2012 An Act relating to the provision of water services and the regulation of water service providers, and for related purposes.