Western Australian Current Acts Western Australian Current Acts[s. 94]
[Heading inserted: No. 25 of 2012 s. 189.]
Division 1 — Transitional provisions relating to Water Services
Legislation Amendment and Repeal Act 2012
[Heading inserted: No. 25 of 2012 s. 189.]
[Heading inserted: No. 25 of 2012 s. 189.]
In this Division
—
amended Act means this Act as amended by the Water
Services Legislation Amendment and Repeal Act 2012 Part 7;
Bunbury Water Board means the Bunbury Water Board
constituted under the repealed Act;
Busselton Water Board means the Busselton Water
Board constituted under the repealed Act;
commencement day means the day on which the Water
Services Legislation Amendment and Repeal Act 2012 section 110 comes into
operation;
corporation means —
(a) the
Bunbury Water Corporation; or
(b) the
Busselton Water Corporation;
former Board means —
(a) the
Bunbury Water Board; or
(b) the
Busselton Water Board;
relevant corporation , in relation to a former
Board, means the corporation that is a continuation of the former Board under
clause 3 or 4;
repealed Act means the Water Boards Act 1904 .
[Clause 1 inserted: No. 25 of 2012 s. 189.]
2 . Application of Interpretation Act 1984
(1) If a provision of
the amended Act deals with a matter dealt with by a provision of the repealed
Act, then for the purposes of the provisions of the Interpretation Act 1984
about the repeal of enactments and the substitution of other enactments for
those so repealed —
(a) the
provision of the repealed Act is to be taken to have been repealed and
re-enacted by the amended Act; and
(b) a
reference to the commencement of the repealing law is to be taken to be a
reference to commencement day.
(2) Despite subclause
(1), the Interpretation Act 1984 sections 36(d) (to the extent to which it
applies to subsidiary legislation) and 38 do not apply to the repeal of the
Water Boards Act 1904 by the Water Services Legislation Amendment and Repeal
Act 2012 section 201.
(3) This Division does
not limit the operation of the Interpretation Act 1984 except to the extent
provided for by this clause.
(4) The provisions of
this Division and of the regulations made for the purposes of this Division
prevail over the provisions of the Interpretation Act 1984 to the extent of
any inconsistency.
[Clause 2 inserted: No. 25 of 2012 s. 189.]
Subdivision 2 — Continuation of former Boards
[Heading inserted: No. 25 of 2012 s. 189.]
3 . Bunbury Water Board continues
(1) The Bunbury Water
Corporation is a continuation of, and is the same legal entity as, the Bunbury
Water Board, and rights and liabilities of or in relation to the Bunbury Water
Board continue as rights and liabilities of or in relation to the Bunbury
Water Corporation.
(2) On commencement
day, the name “Aqwest” becomes a trading name of the Bunbury Water
Corporation, as if approved by the Minister under section 5A(3) of the amended
Act.
[Clause 3 inserted: No. 25 of 2012 s. 189.]
4 . Busselton Water Board continues
(1) The Busselton
Water Corporation is a continuation of, and is the same legal entity as, the
Busselton Water Board, and rights and liabilities of or in relation to the
Busselton Water Board continue as rights and liabilities of or in relation to
the Busselton Water Corporation.
(2) On commencement
day, the name “Busselton Water” becomes a trading name of the
Busselton Water Corporation, as if approved by the Minister under
section 5A(3) of the amended Act.
[Clause 4 inserted: No. 25 of 2012 s. 189.]
(1) A person who,
immediately before commencement day, was a member of a former Board becomes,
on commencement day —
(a) a
director of the board of the relevant corporation as if appointed by the
Governor, on the nomination of the Minister, under section 7 of the amended
Act; and
(b) if
the person was, immediately before commencement day, the chairman of the
former Board — the chairperson of the board of the relevant corporation
as if appointed by the Governor, on the nomination of the Minister, under
Schedule 1 clause 4 of the amended Act.
(2) A person to whom
subclause (1) applies holds office, subject to the amended Act, until the
expiration of the term of office, and on the same terms and conditions, that
applied to the person immediately before commencement day.
[Clause 5 inserted: No. 25 of 2012 s. 189.]
6 . Operating licences of former Boards
(1) An operating
licence held by a former Board under the Water Services Licensing Act 1995 1
immediately before commencement day (the former licence ) becomes, on
commencement day, a licence under the Water Services Act as if granted under
section 11 of that Act.
(2) The licence
remains in force until the day on which the former licence would have expired.
(3) The licence
authorises the provision of water supply services in the area of the State to
which the former licence applied immediately before commencement day.
(4) For the purposes
of the Water Services Act, the area of the State referred to in subclause (3)
is the operating area of the licence for the provision of water supply
services.
(5) The licence is
subject to the same terms and conditions as those to which the former licence
was subject immediately before commencement day, to the extent that those
terms and conditions are not inconsistent with the Water Services Act .
(6) The licence has
effect subject to the Water Services Act and so, for example, the licence may
be cancelled or amended.
[Clause 6 inserted: No. 25 of 2012 s. 189.]
7 . Supply of water to Water Corporation under
Busselton Water Board (Supply of Water to Dunsborough) Act 2009
(1) This clause
applies to a supply of water to the Water Corporation under the
Busselton Water Board (Supply of Water to Dunsborough) Act 2009 (before the
repeal of that Act) that is to continue on and after commencement day.
(2) The repeal of the
Busselton Water Board (Supply of Water to Dunsborough) Act 2009 does not
affect —
(a) the
supply of water; or
(b) any
agreement about the supply of water; or
(c)
anything to be done under, for or in relation to such an agreement or the
supply of water.
(3) The supply of
water becomes, on commencement day, a supply of water under the amended Act.
[Clause 7 inserted: No. 25 of 2012 s. 189.]
Subdivision 3 — Staff of former Boards
[Heading inserted: No. 25 of 2012 s. 189.]
(1) In this
Subdivision —
PSM Act means the Public Sector Management Act
1994 .
(2) If a term has a
meaning given in the PSM Act, it has the same meaning in this Subdivision.
(3) In this
Subdivision a reference to the PSM Act Part 6 includes the regulations
referred to in section 94 of that Act.
[Clause 8 inserted: No. 25 of 2012 s. 189.]
(1) A person who,
immediately before commencement day, was an officer of a former Board under
section 31 of the repealed Act becomes, on commencement day —
(a) if
the person was the chief executive officer of the former Board — the
chief executive officer of the relevant corporation as if appointed by the
board of the corporation, with the concurrence of the Minister, under section
13 of the amended Act; or
(b) if
paragraph (a) does not apply — a member of staff of the relevant
corporation as if engaged by the board of the corporation under section 15 of
the amended Act.
(2) Except as
otherwise agreed by a person to whom subclause (1) applies, the person’s
remuneration, existing, accruing or accrued rights, rights under a
superannuation scheme or fund and continuity of service are not affected,
prejudiced or interrupted by the operation of subclause (1) or the former
Board ceasing to be an organisation under the PSM Act.
(3) For the purposes
of this clause, a person’s service with a former Board is to be taken to
have been with the relevant corporation.
(4) Except as provided
by clause 11, the PSM Act Part 6 does not apply in relation to the transition
of the employment of a person by this clause.
[Clause 9 inserted: No. 25 of 2012 s. 189.]
10 . Election as to employment
(1) A person who
becomes a member of staff of a corporation because of clause 9(1)(b) may, by
written notice given to the corporation, elect to return to the Public Sector.
(2) A person cannot
make an election if, immediately before commencement day, the person was
—
(a)
employed under a contract of employment that has a fixed term; or
(b) a
casual employee or a seasonal employee.
(3) A person cannot
make an election after the end of the period of 2 years after commencement
day.
(4) A person may
withdraw an election at any time by giving the corporation written notice to
that effect.
(5) A person who makes
an election and then withdraws it cannot make another election.
[Clause 10 inserted: No. 25 of 2012 s. 189.]
11 . Application of PSM Act Part 6 to persons who
make an election
(1) If a person makes
an election under clause 10(1), the PSM Act Part 6 applies in respect of the
person until —
(a) the
person is employed for an indefinite period in a public sector body in
accordance with that Part; or
(b) the
person otherwise ceases to be a member of staff of the corporation; or
(c) the
person withdraws the election under clause 10(4),
whichever occurs
first.
(2) While the PSM Act
Part 6 applies in respect of the person under subclause (1), it applies, with
any necessary changes, as if —
(a) the
person were an employee of an organisation whose office, post or position in
the organisation has been abolished; and
(b) the
office, post or position was at the same level of classification as the
substantive office, post or position held by the person immediately before
commencement day; and
(c) the
board of the corporation were the employing authority of the person; and
(d) the
person were registered under the Public Sector Management (Redeployment and
Redundancy) Regulations 1994 Part 4.
[Clause 11 inserted: No. 25 of 2012 s. 189.]
12 . Arrangements for return to Public Sector
(1) If a person makes
an election under clause 10(1) or withdraws an election under clause 10(4),
the corporation, as soon as practicable, must give the Public Sector
Commissioner written notice of the election or the withdrawal, as the case
requires.
(2) If a person makes
an election under clause 10(1), the corporation and the Public Sector
Commissioner must make the necessary arrangements to facilitate the operation
of clause 11 in respect of the person.
(3) Subclause (4)
applies if a person who makes an election under clause 10(1) is employed for
an indefinite period in a public sector body in accordance with the PSM Act
Part 6 as applied by clause 11.
(4) The corporation
must comply with any requirements in the Treasurer’s instructions issued
under the Financial Management Act 2006 section 78 relating to the making of
payments by an employing authority for liabilities relating to employees whose
employing authority changes as if —
(a) the
corporation were an employing authority to which those instructions applied;
and
(b) the
person were an employee to whom those instructions applied.
(5) If a corporation
incurs costs as a result of the operation of this clause or clause 10 or 11,
the Treasurer may pay an amount to the corporation to reimburse the
corporation for any or all of those costs.
[Clause 12 inserted: No. 25 of 2012 s. 189.]
(1) A person engaged
by a former Board under a contract for services that is in force immediately
before commencement day becomes, on commencement day, a person engaged by the
relevant corporation as if engaged under section 29(2)(f) of the amended Act.
(2) Except as
otherwise agreed by the person engaged under the contract, the operation of
subclause (1) does not affect the terms and conditions of the contract.
[Clause 13 inserted: No. 25 of 2012 s. 189.]
Subdivision 4 — Provisions as to accountability and financial provisions
[Heading inserted: No. 25 of 2012 s. 189.]
14 . Strategic development plans
The first strategic
development plan for a corporation under Part 4 Division 1 is to be in respect
of a period starting on the day prescribed for the corporation for the
purposes of this clause.
[Clause 14 inserted: No. 25 of 2012 s. 189.]
15 . Statements of corporate intent
The first statement of
corporate intent for a corporation under Part 4 Division 2 is to be in respect
of the financial year prescribed for the corporation for the purposes of this
clause.
[Clause 15 inserted: No. 25 of 2012 s. 189.]
(1) The first
financial year in respect of which the reporting requirements in Part 4
Division 3 apply to a corporation is to be the financial year prescribed for
the corporation for the purposes of this clause.
(2) The
Financial Management Act 2006 Part 5 Division 2 continues to apply to a
corporation in respect of the financial years ending before the financial year
prescribed for the corporation under subclause (1) as if the Water Services
Legislation Amendment and Repeal Act 2012 section 212 had not been enacted.
[Clause 16 inserted: No. 25 of 2012 s. 189.]
(1) In this clause
—
bank has the meaning given in the
Financial Management Act 2006 section 3.
(2) An account that,
immediately before commencement day, was maintained by a former Board at a
bank for the purposes of section 111 of the repealed Act becomes, on
commencement day, an account for the relevant corporation under section
73(1)(b) of the amended Act as if established under that section with the
approval of the Treasurer.
[Clause 17 inserted: No. 25 of 2012 s. 189.]
18 . Payments to State under Part 5 Div. 2
(1) The first
financial year in respect of which section 76 applies to a corporation is to
be the financial year prescribed for the corporation for the purposes of this
subclause.
(2) The first
financial year in respect of which section 79 applies to a corporation is to
be the financial year prescribed for the corporation for the purposes of this
subclause.
[Clause 18 inserted: No. 25 of 2012 s. 189.]
[Heading inserted: No. 25 of 2012 s. 189.]
19 . References to former Boards
Unless the context
otherwise requires, a reference in a written law or other document or
instrument to a former Board includes a reference to the relevant corporation.
[Clause 19 inserted: No. 25 of 2012 s. 189.]
20 . References to repealed Act
(1) Unless the context
otherwise requires, a reference in a written law or other document or
instrument to the repealed Act includes a reference to the amended Act.
(2) Unless the context
otherwise requires, a reference in a written law or other document or
instrument to a provision of the repealed Act (the old provision ) includes,
if there is a provision of the amended Act (the new provision ) that deals
with the matter dealt with by the old provision, a reference to the new
provision.
[Clause 20 inserted: No. 25 of 2012 s. 189.]
(1) The regulations
may —
(a) deal
with all matters of a savings or transitional nature arising as a result of
the enactment of the Water Services Legislation Amendment and Repeal Act 2012
Part 7 and of section 201; and
(b)
clarify or vary the provisions of this Division; and
(c)
amend or repeal subsidiary legislation consequentially on enactment of the
Water Services Legislation Amendment and Repeal Act 2012 Part 7 and of
section 201.
(2) Regulations made
for the purposes of this clause may —
(a) be
expressed to have effect despite another written law; and
(b)
provide that a specified provision of a written law does not apply, or applies
with specified modifications, to or in relation to a matter.
(3) The power in this
clause to amend subsidiary legislation made under another Act does not prevent
that legislation from being amended under that Act.
(4) If regulations
made for the purposes of this clause provide that a specified state of affairs
is to be taken to have existed, or not to have existed, on and from a day that
is earlier than the day on which the regulations are published in the Gazette
but not earlier than commencement day, the regulations have effect according
to their terms.
(5) If regulations
contain a provision referred to in subclause (4), the provision does not
operate so as to —
(a)
affect, in a manner prejudicial to any person (other than the State, an
authority of the State or a local government), the rights of that person
existing before the day of publication of those regulations; or
(b)
impose liabilities on any person (other than the State, an authority of the
State or a local government) in respect of anything done or omitted to be done
before the day of publication of those regulations.
(6) Regulations made
for the purposes of this clause in relation to a matter referred to in
subclause (2) must be made within such period as is reasonably and practicably
necessary to deal with the transitional matters that arise as a result of the
enactment of the Water Services Legislation Amendment and Repeal Act 2012 Part
7 and of section 201.
[Clause 21 inserted: No. 25 of 2012 s. 189.]
22 . Relationship of provisions of this Division
to transitional regulations
The provisions of the
regulations made for the purposes of this Division prevail over the provisions
of this Division to the extent of any inconsistency.
[Clause 22 inserted: No. 25 of 2012 s. 189.]
This is a compilation of the Water Corporations Act 1995 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Water Corporation Act 1995 2 |
70 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2 and Gazette 29 Dec 1995 p. 6291) |
|
State Enterprises (Commonwealth Tax Equivalents) Act 1996 s. 10(4) |
55 of 1996 |
11 Nov 1996 | |
|
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 73 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
|
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 110 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905) |
|
State Superannuation (Transitional and Consequential Provisions) Act 2000 s.
70 |
43 of 2000 |
2 Nov 2000 |
17 Feb 2001 (see s. 2(1) and Gazette 16 Feb 2001 p. 903) |
|
Reprint of the Water Corporation Act 1995 as at 4 May 2001 (includes
amendments listed above) | |||
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth. Gazette 13
Jul 2001 No. S285) | |
|
Water Corporation (Act Amendment) Regulations 2002 published in Gazette 24 May
2002 p. 2605-17 |
1 Jul 2002 (see r. 2) | ||
|
Labour Relations Reform Act 2002 s. 27 |
20 of 2002 |
8 Jul 2002 |
15 Sep 2002 (see s. 2(1) and Gazette 6 Sep 2002 p. 4487) |
|
Corporations (Consequential Amendments) Act (No. 3) 2003 Pt. 16 3 |
21 of 2003 |
23 Apr 2003 |
11 Mar 2002 (see s. 2 and Cwlth. Gazette 24 Oct 2001 No. GN42) |
|
Acts Amendment (Equality of Status) Act 2003 Pt. 59 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 103 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
|
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 21
published in Gazette 15 Aug 2003 p. 3685-92 |
15 Sep 2003 (see r. 2) | ||
|
Economic Regulation Authority Act 2003 Sch. 2 Div. 17 |
67 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 127 4 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Reprint 2: The Water Corporation Act 1995 as at 2 Jul 2004 (includes
amendments listed above) | |||
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 15 Div. 3 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4, 5(1), 14 and Sch. 1
cl. 177 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette 31 Jan 2008 p. 251) | |
|
Reprint 3: The Water Corporation Act 1995 as at 4 Jul 2008 (includes
amendments listed above) | |||
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 132 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Standardisation of Formatting Act 2010 s. 4 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Public Sector Reform Act 2010 s. 87 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
Water Services Legislation Amendment and Repeal Act 2012 Pt. 7 |
25 of 2012 |
3 Sep 2012 |
18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028) |
|
Reprint 4: The Water Corporations Act 1995 as at 7 Feb 2014 (includes
amendments listed above) | |||
|
30 of 2015 |
2 Nov 2015 |
1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291-2) | |
|
Executive Officer Remuneration (Government Entities) Legislation Amendment Act
2016 Pt. 3 Div. 6 |
46 of 2016 |
7 Dec 2016 |
8 Dec 2016 (see s. 2(b)) |
|
Government Trading Enterprises Act 2023 Pt. 12 Div. 9 |
13 of 2023 |
22 Jun 2023 |
1 Jul 2023 (see s. 2(b) and SL 2023/89 cl. 2) |
1 Now known as the Plumbers Licensing Act 1995 .
2 Now known as the Water Corporations Act 1995 ;
short title changed (see note under s. 1).
3 The Corporations (Consequential Amendments) Act
(No. 3) 2003 s. 4 is a validation provision.
4 The amendment in the Statutes (Repeals and Minor
Amendments) Act 2003 s. 127(5) is not included because the Schedule it sought
to amend had been replaced in Gazette 24 May 2002 p. 2605-17 before the
amendment purported to come into operation.
5 The
Water Resources Legislation Amendment Act 2007 Pt. 11 deals with certain
transitional issues some of which may be relevant for this Act.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
amended Act
Sch. 5 cl. 1
arrangement
36(2)
bank Sch. 5 cl. 17(1)
Bunbury Water Board
Sch. 5 cl. 1
Bunbury Water Corporation
3(1)
business arrangement
29(5)
Busselton Water Board Sch. 5 cl. 1
Busselton
Water Corporation 3(1)
commencement day
Sch. 5 cl. 1
corporation
3(1), Sch. 5 cl. 1
former Board Sch. 5 cl. 1
former licence Sch. 5 cl. 6(1)
former water
authority 92(1)
function
3(1)
GTE Act 3(1)
management
16(2)
members of staff 19(3), 24(4)
new provision Sch. 5 cl. 20(2)
old provision
Sch. 5 cl. 20(2)
operating area
7(1)
order 92(1)
participate
29(5)
PSM Act Sch. 5 cl. 8(1)
regional water corporation 7(1)
relevant
corporation Sch. 5 cl. 1
relevant official
92(1)
repealed Act Sch. 5 cl.
1
specified 7A(3)
surplus water
27(7)
wastewater 27(7)
Water
Corporation 3(1)
water service
3(1)
Water Services Act 3(1)
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
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the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer