Western Australian Current Regulations Western Australian Current Regulations (1) For the purposes
of this Division, land may be classified by the Water Corporation as
follows —
(a)
residential — if the Water Corporation is satisfied that the
land —
(i)
is used, or is capable of being used, wholly or primarily
for the purpose of providing residential accommodation to the owner or
occupier of the land; and
(ii)
is not used in whole or in part for the purpose of
providing holiday accommodation;
(b)
commercial residential — if the Water Corporation is satisfied
that —
(i)
the land is used as described in paragraph (a); and
(ii)
the land is also used for the purpose of a shop,
workshop, office, bakery, surgery or another similar business purpose;
(c)
semi‑rural residential — if the land is in the metropolitan
area and the Water Corporation is satisfied that —
(i)
the land is used as described in paragraph (a); and
(ii)
the land is also used for the purpose of primary
production, which includes use for the purpose of a farm, market garden,
kennel, plant nursery, orchard, stable, vineyard or another similar purpose;
and
(iii)
water supplied to the land by the Water Corporation is
used wholly or primarily for the purposes of the use referred to in
subparagraph (i);
(d)
non‑residential — if the Water Corporation is satisfied that
the land —
(i)
is used, or is capable of being used, for business or
professional purposes, holiday accommodation, manufacturing, processing or
other commercial processes; and
(ii)
cannot be classified as residential;
(e)
farmland — if the Water Corporation is satisfied that the land is
farmland and supplies water to the land;
(f)
mining — if the land is in the non‑metropolitan area and the
Water Corporation is satisfied that it is used for the purposes of mining;
(g)
institutional public — if the land is in the non‑metropolitan
area and the Water Corporation is satisfied that it is used by a club or
association, or for some other public purpose, approved by the Water
Corporation;
(h)
charitable purposes — if the Water Corporation is satisfied that
the land is used for charitable purposes;
(i)
community residential — if the Water
Corporation is satisfied that the land is occupied as a communal property on
which several families dwell at the same time and is managed by the persons
dwelling on the land or a committee of them;
(j)
local government — if the land is in the non‑metropolitan
area and the Water Corporation is satisfied that it is used by a local
government for business, professional, commercial or office purposes;
(k) aged
home — if the land is in the metropolitan area and the Water
Corporation is satisfied that it is used as an aged home;
(l)
vacant land — if the Water Corporation is satisfied
that —
(i)
there is no building on the land; or
(ii)
if there is, there is no other appropriate classification
for the land under this regulation.
(2) Subject to
subregulations (3), (4) and (5), if land can be given more than
one classification under subregulation (1), the more specific
classification applies to the land to the exclusion of any other.
(3) If land satisfies
the criteria set out in subregulation (1)(a) and (h), the Water
Corporation may classify the land as residential for the purposes of
Schedule 3 Division 2.
(4) For the purposes
of this Division, land may be classified by the Water Corporation as capital
infrastructure, irrespective of any other classification under this regulation
(other than under subregulation (5)), if —
(a) the
land is in the locality of Nilgen; and
(b) the
Water Corporation provides or is to provide water service works to supply
water to the land.
(5) For the purposes
of this Division, concessional land may be classified as community purpose,
irrespective of any other classification under this regulation, if the Water
Corporation is satisfied that the land is primarily used for
non‑commercial purposes that benefit the community.
[Regulation 32 amended: Gazette
14 Jun 2019 p. 1930; SL 2022/82 r. 10.]