WATER SERVICES ACT 2012

Western Australian Current Acts

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WATER SERVICES ACT 2012

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Crown bound

PART 2 -- Licensing of water service providers

Division 1 -- Licensing requirement

5. Requirement for licences
6. Licensing extends to statutory providers
7. Minister may grant exemptions

Division 2 -- Licences

8. Classification of water services
9. Operating areas
10. Application for licence
11. Grant of licence
12. Conditions of licence
13. Renewal of licence
14. Duration of licence
15. Transfer of licence
16. Person who has provided water services becoming licensee
17. Amendment of licence -- on initiative of Authority
18. Amendment or cancellation of licence -- on application of licensee
19. Effect of water resource management plans
20. Other laws not affected

Division 3 -- Duties of licensees -- statutory licence conditions

21. Duty to provide services and do works
22. Provision of water services outside operating areas
23. Works holding arrangements
24. Asset management system
25. Operational audit
26. Compliance with codes of practice made by Minister
27. Compliance with code of conduct made by Authority
28. Code of conduct -- consultative committee
29. Licensee must comply with duties under Act
30. Prescribed conditions of licence

Division 4 -- Failure to comply with licence -- enforcement

31. Failure to comply with licence
32. Right of licensee to make submissions
33. Exception -- dangerous situations

Division 5 -- Ending of licence and cessation of water services

34. Cancellation of licence for serious default
35. Provision of a water service ceasing -- regulations may deal with consequences
36. Provision of a water service ceasing -- duty to leave system in safe condition

Division 6 -- Water service works and other assets

37. Licensee operating with works holding body
38. Regulations may deal with transfer of assets on land not held by asset holder

Division 7 -- Inspectors

39. Terms used
40. Entry for inspection purposes
41. General powers for inspection purposes
42. Power to prohibit use etc.
43. Offences

Division 8 -- Review of decisions

44. Review of certain decisions

Division 9 -- General licensing provisions

45. Applications -- additional information
46. Matters relevant to determination of public interest
47. Notice of and publication of certain decisions
48. Licences to be available for inspection
49. Regulations about public consultation

PART 3 -- Last resort supply arrangements

50. Terms used
51. Designated areas
52. Authority to ensure supply plan in place for designated areas
53. Requirements for supply plans
54. How supply plan brought into operation
55. Appointment of supplier of last resort
56. Functions of supplier of last resort
57. Approval or determination of supply plan
58. Amendment of supply plan
59. Supplier of last resort to be treated as licensee
60. Duty to perform functions of supplier of last resort
61. Liability and recovery of costs of supplier of last resort
62. Regulations about last resort supply arrangements

PART 4 -- Water services ombudsman scheme

Division 1 -- Preliminary

63. Terms used
64. Regulations about water services ombudsman scheme

Division 2 -- Approval of water services ombudsman scheme

65. Authority may approve scheme
66. Requirements for scheme or amendment to be approved
67. Revocation of approval

Division 3 -- Scheme operation

68. Customers etc. may have decision or complaint reviewed
69. Jurisdiction of courts and tribunals

Division 4 -- Membership of approved scheme

70. Membership of approved scheme

PART 5 -- Water services

Division 1 -- Terms used

71. Terms used

Division 2 -- Provision of water services generally

72. Application of this Division in relation to certain agreements
73. Statutory entitlement to provision of water services
74. Terms and conditions of provision of water services
75. Agreements about provision of water services
76. Aspects of certain agreements binding on successors
77. Interruption of water services generally
78. Meters
79. Accuracy and testing of meters

Division 3 -- Development and building control, and infrastructure contributions

80. Terms used
81. Application of this Division
82. Notification of and requirements as to building work
83. Satisfying requirements for additional water services
84. Ensuring water service works are done
85. Infrastructure contributions
86. Property in certain works
87. Review of certain decisions under or relating to this Division

Division 4 -- Protection of works, fittings and fixtures

88. Interfering with water service works of licensee
89. Taking water without or contrary to approval
90. Construction etc. over or in vicinity of water service works of licensee
91. Requirement to use etc. approved fittings, fixtures and pipes
92. Requirement to maintain etc. fittings, fixtures and pipes

Division 5 -- Water supply services

93. Approval required before connecting to water supply
94. No connection of additional water supply without approval
95. Disconnection or reduction in rate of flow etc.
96. Fire hydrants
97. Taking water from fire hydrants

Division 6 -- Sewerage services

Subdivision 1 -- Sewer connections

98. Minister may require connection to sewerage works
99. Approval required before connecting to sewer
100. Common sewer connections

Subdivision 2 -- Discharge of trade waste

101. Terms used
102. Discharge of trade waste without or contrary to licensee’s approval
103. Approval of licensee
104. Discharge of trade waste not in accordance with approval
105. Failure to maintain fittings, fixtures and pipes
106. Compliance notices
107. Regulations relating to discharge of trade waste

Division 7 -- Drainage services

108. Term used: drainage assets
109. Controlled drainage assets
110. Minister may require connection to drainage works
111. Approval required before connecting to drainage works
112. Requirement to maintain or modify drainage assets, etc.
113. Relationship of this Division to certain other Acts

Division 8 -- Enforcement

Subdivision 1 -- Entry for compliance purposes

114. Term used: compliance purposes
115. Entry for compliance purposes
116. General powers for compliance purposes
117. Offences

Subdivision 2 -- Compliance notices

118. Application of Subdivision
119. Compliance notices
120. Giving compliance notices
121. Licensee or Minister may remedy failure to comply
122. Review of decisions relating to giving compliance notices

Division 9 -- Fees and charges for water services

123. Licensees may impose fees and charges for water services
124. Regulations may provide for water service charges
125. Supplying groups of dwellings
126. Water service charges payable despite change in ownership of land or liability to prosecution
127. Order for payment of water service charges

Division 10 -- General provisions

128. Prohibition on dealings in land
129. Reading meters etc. and routine inspection and maintenance
130. Dangerous situations
131. Approval of licensee subject to conditions

PART 6 -- Powers in relation to water service works

Division 1 -- Preliminary

132. Terms used
133. Major works
134. General works
135. Exempt works

Division 2 -- Provision of water service works

136. Powers in respect of water service works
137. Exemption of water service works from certain planning laws
138. Surveys and testing work
139. Ancillary works powers
140. Entry for provision of works etc.
141. Special provisions applicable to road works

Division 3 -- Major works, requirements for public notification and Ministerial authorisation

142. Prerequisites to provision of major works
143. Licensee to prepare plans and publish and give notice of major works
144. Objections and submissions
145. Licensee may amend proposal
146. Submission of proposal to Minister
147. Powers of Minister in respect of proposal
148. Certain objectors and submitters to be notified of authorisation
149. Certain alterations, extensions and additions to major works

Division 4 -- General works, requirements for public notification and, in certain cases, for Ministerial authorisation

150. Prerequisites to provision of general works
151. Licensee to prepare plans and give notice of general works
152. Objections and submissions
153. Licensee may amend proposal
154. Submission of proposal to Minister
155. Powers of Minister in respect of proposal

Division 5 -- Exempt works

156. No prerequisites under this Part

Division 6 -- Deviation and modification

157. Term used: water service works
158. Plans may indicate possible deviation from line of works
159. General power to deviate by up to 20 m
160. Modification by agreement with owner and occupier
161. When Minister may authorise deviation or modification

Division 7 -- Property in water service works

162. Property in water service works and things placed on land
163. Powers of licensee in respect of water service works that are part of land

PART 7 -- Powers in relation to interests in land

164. Terms used
165. Power of public authority to grant certain interests
166. Taking of interest in land for purposes of licensee
167. Vesting of interest
168. Easements in gross
169. Subdivision of land -- planning approval
170. Sale of land

PART 8 -- Entry for performance of functions

Division 1 -- Preliminary

171. Terms used
172. Application of this Part

Division 2 -- Entry for performance of functions

173. Entry with consent or under notice or warrant
174. Notice of entry
175. Rights of occupier of dwelling
176. When authorised person must leave etc.
177. Power to enter includes power to enter other places
178. Entry with vehicles and equipment
179. Assistance to exercise powers
180. Use of force
181. Actions of authorised persons and others
182. Injunction in support of power of entry
183. Complaints about exercise of powers

Division 3 -- Warrants to enter

184. Term used: remote communication
185. Application for warrant
186. Contents of application
187. How application to be made
188. Issue of warrant
189. Contents of warrant
190. Execution of warrant

PART 9 -- Legal proceedings

Division 1 -- Legal proceedings

191. Prosecutions -- who may commence
192. Time for bringing prosecutions
193. Continuing offences -- daily penalties
194. Injunctions to ensure compliance with this Act
195. Court’s power to make ancillary orders on conviction

Division 2 -- Liability of certain persons

196. Liability of officers for offence by body corporate
197. Liability of principal for acts of agent
198. Liability of employer for offences of employee
199. Conduct on behalf of bodies corporate and principals

Division 3 -- Evidentiary provisions

200. Evidence of certain things relating to contraventions
201. Evidence of authorisation and enforcement matters
202. Evidence of scientific matters
203. Documentary and signed evidence
204. Evidence of ownership or occupancy
205. Evidence of documents and service
206. Provisions are in addition to Evidence Act 1906

PART 10 -- Administration

Division 1 -- The Economic Regulation Authority

207. Functions of Authority
208. Authority’s capacity to authorise or designate persons

Division 2 -- Inspectors and compliance officers

209. Terms used
210. Designation of inspectors and compliance officers
211. Limitations on scope of authority of inspectors and compliance officers

Division 3 -- General matters

212. Delegation by Minister
213. Delegation by CEO
214. Information sharing
215. Confidentiality of information

PART 11 -- Miscellaneous

216. Relationship of this Act to Rights in Water and Irrigation Act 1914 and Health (Miscellaneous Provisions) Act 1911
217. Licences not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
218. Liability of certain persons for damage caused in exercise of powers
219. Immunity from liability for certain official actions
220. Limitation of liability for certain actions
221. Infringement notices and the Criminal Procedure Act 2004
222. Regulations
223. Notes in the text
224. Review of Act
225. Transitional provisions
SCHEDULE 1 -- Transitional provisions

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