Acts Amendment and Repeal (Water Authorities) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT AND REPEAL (WATER AUTHORITIES) ACT 1985.

(No. 25 of 1985.)

ARRANGEMENT.

PART I—PRELIMINARY.

Section.

1. Short title.

2. Commencement.

PART II—WATER AUTHORITY ACT 1984.

3. Principal Act.

4. Section 3 amended. 5. Section 5 amended. 6. Section 6 amended. 7. Section 7 amended. 8. Section 26 amended.

9. Section 33 amended. 10. Section 34 amended. 11. Section 36 amended. 12. Section 39 amended. 13. Section 40 amended. 14. Section 62 amended. 15. Part IV added.

PART IV—AGREEMENTS RELATING TO WORKS AND WATER

SERVICES.

16. Part V added. PART V—ACCESS TO LAND AND INFORMATION FOR RATING

PURPOSES.

17. Part VI added.

PART VI—ENTRY ONTO LAND BY THE AUTHORITY.

18. Part VII added.

PART VII—ACQUISITION OF LAND OR INTERESTS IN LAND BY

THE AUTHORITY.

19. Part VIII added.

PART VIII—WORKS.

Section.

20. Part IX added.

PART DC-INFRINGEMENT NOTICES.

PART III-WATER SUPPLY, SEWERAGE, AND

DRAINAGE ACT 1912.

21. Principal Act.

22. Long title amended. 24. Section 2 amended. 25. Section 4 amended. 26. Section 8 amended.	23.	Sections 3, 6, 7, 10, 12, 13, 14, 18 and 19 repealed.
27.	Consequential repeals.
PART IV-METROPOLITAN WATER AUTHORITY ACT 1982.

28. Principal Act.

29. Long title amended. 30. Section 3 repealed. 31. Section 4 amended. 32. Section 5 amended. 33. Section 6 repealed.

34. Section 7 repealed.

35. Divisional headings of Part II deleted.

36. Section 8 amended. 37. Section 9 repealed. 38. Section 10 amended.

39. Sections 11 to 17 repealed.

40. Section 18 amended. 41. Section 19 amended.

42. Sections 20 to 27 repealed.

43. Section 28 amended.

45. Part III repealed.

46. Section 42 repealed.

47. Part V repealed.

48. Part VI repealed.

49. Part VII repealed.

50. Part VIII repealed.

51. Part X repealed.

44.

Sections 29 to 34 repealed.

PART V-METROPOLITAN WATER SUPPLY,

SEWERAGE, AND DRAINAGE ACT 1909.

52. Principal Act.

53. Section 3 repealed. 54. Section 4 amended. 55. Section 5 amended.

56. Section 8 amended.

57. "Board" amended to "Authority" in Part IV.

58. "Board" amended to "Authority" in Part V.

59. "Board" amended to "Authority" in Part VI other than section 45.

60. Section 40A further amended.

61. Section 41 further amended.

62. Section 45 amended.

63. Section 55 further amended.

64. Section 56 further amended.

65. "Board" amended to "Authority" in Part VII.

Section.

66. Section 90A amended.

67. Sections 103 and 107 amended.

68. Sections 109 and 110 amended.

69. Section 113 amended. 70. Section 115 amended. 71. Section 118 amended. 72. Section 124A amended.

73. Section 126 repealed. 74. Section 146 amended. 75. Section 146A amended.

76. Section 147 repealed.

77. Section 147A amended.

78. Section 148A repealed.

79. Sections 153 and 154 amended.

80. Sections 155 and 157 amended.

81. Sections 156, 158, 158A, 159, 160 and 165 amended.

82. Schedules amended.

83. Consequential repeal.

PART VI-COUNTRY AREAS WATER SUPPLY ACT 1947.

84. Principal Act.

85. Section 3 repealed. 86. Section 5 amended. 87. Section 7 amended.

88. "Minister" amended to "Authority" in Part II.

89. Sections 12B, 12BA, 12C and 12D amended.

90. Section 12BA further amended.

91. Section 12BD amended.

92. Section 12BE amended.

94. Section 12E amended.

95. Section 12E3 amended.

96. Section 12ED amended.

97. Section 12EE amended.

98. Section 12G amended.

99. Section 13 amended.

100. Section 14 amended.

93.

Section 12C further amended.

101.

Sections 15, 16, 17, 18 and 18A repealed.

102. Section 19 amended.

103. Sections 20 to 25 repealed.

104. "Minister" amended to "Authority" in Part V.

105. Section 28 further amended.

106. Section 30 further amended.

107. Section 32 further amended.

108. Section 34 repealed.

109. Sections 35 further amended.

110. Sections 35A to 35C repealed.

111. Section 38 further amended.

112. Section 39A further amended.

113. Section 40 amended.

114. Section 45 further amended.

115. "Minister" amended to "Authority" in Part VI.

116. Section 47 further amended.

117. Section 49 amended.

118. Section 50 further amended.

119. Sections 51 and 52 repealed.

Section.

120. Section 53 repealed.

121. Section 54 further amended.

122. Section 55 further amended.

123. Section 58 further amended.

124. Section 60 further amended.

125. Section 63 further amended.

126. Section 63A further amended.

127. Section 64 amended. 128. Section 65 amended. 129. Section 66 amended.

130. Section 68 repealed.

131. Section 69 further amended.

132. "Minister" amended to "Authority" in Part VII.

133. Section 71 amended.

134. Section 73 further amended.

135. Section 76 amended.

136. Section 85 further amended.

137. Section 86 further amended.

138. Section 87 further amended.

139, Section 91 amended.

140. Section 94 further amended.

141. Section 96 amended. 142. Section 97 amended. 143. Section 99 amended. 144. Section 100 amended,

145. Section 102 amended. 146. Section 105 amended. 147, Sections 106 and 107 repealed.

148. "Minister" amended to "Authority" in Part IX.

149. Section 110 repealed.

150. Section 112 amended.

151. Section 114 further amended.

152. Section 115 further amended.

153. Sections 118 and 119 repealed.

154. Section 120 amended.

155. Section 121 amended.

156. Consequential repeals.

PART VII-COUNTRY TOWNS SEWERAGE ACT 1948.

157. Principal Act.

158. Long title amended.

159. Section 2 repealed.

160. Section 3 amended.

161. Section 5 amended.

162. Sections 6, 7 and 8 repealed.

163. Section 10 repealed.

164. Section 11 amended.

165. Sections 12 to 22 repealed.

166. "Minister" amended to "Authority" and "drain" amended to "property sewer" in Part IV.

167. Section 23 further amended.

168. Section 23A amended.

169. Section 24 further amended.

170. Section 26 repealed.

171. "Minister" amended to "Authority" in Part V.

172. "Drain" amended to "property sewer" in Part V.

Section.

173. Section 32 further amended.

174. Heading to Part VI substituted.

175. "Minister" amended to "Authority" in Part VI.

176. "Drain" amended to "property sewer" in Part VI.

177. "Drains" amended to "property sewers" in Part VI.

178. Sections 36 and 38 further amended.

179. Section 40 further amended.

180. Section 46 further amended.

181. Sections 46A, 46B and 46C repealed.

182. "Minister" amended to "Authority" in Part VU.

183. Section 52 further amended.

184. Sections 53, 54 and 55 repealed.

185. Section 56 repealed.

186. Section 58 further amended.

187. Section 61 further amended.

188. Section 66 further amended.

189. Section 66A further amended.

190. Section 67 amended. 191. Section 68 amended. 192. Section 69 amended. 193. Section 70 amended. 194. Section 71 repealed.

195. Section 72 further amended.

196. Section 72A amended. 197. Section 72B amended. 198. Section 80 amended.

199. Section 85 amended.

200. Section 88 further amended.

201. Section 90 amended. 202. Section 91 amended. 203. Section 94 amended. 204. Section 96 amended. 205. Part VIII repealed.

206. Section 102 amended. 207. Section 103 repealed.

208. "Minister" amended to "Authority" in Part X.

209. Section 107 repealed. 210. Section 110 amended.

211. Section 112 further amended.

212. Section 113 further amended.

213. Sections 116 and 117 repealed.

214. Section 118 amended. 215. Section 119 amended.

216. Consequential repeals.

PART VIII-LAND DRAINAGE ACT 1925.

217. Principal Act.

218. Long title amended.

219. Sections 2 to 5 repealed.

220. Section 6 amended.

221. Section 7 substituted.

222. Section 8 repealed.

223. Section 9 amended.

224. Section 10 repealed.

225. Section 14 substituted.

226. Part IV repealed.

Section.

227. Section 60 substituted.

228. Sections 61 to 63 repealed.

229. Section 64 amended. 230. Section 65 repealed.

231. Section 65A amended.

232. Sections 66 to 69 repealed.

233. Section 70 amended. 234. Section 71 amended. 235, "Board" amended to "Authority" in Part VII.

236. Section 73 amended.

237. Section 81 further amended.

238. Section 84 further amended.

239. Section 85 further amended.

240. Sections 86 and 87 repealed.

241. Section 88 amended.

242. Section 89 further amended.

243. Section 90 amended.

244. Section 90A amended.

245. Section 91 further amended.

246. Section 92 substituted.

247. Section 95 further amended.

248. Section 98 further amended.

249. Section 100 further amended.

250. Section 104 further amended.

251. Section 105 substituted.

252. Sections 106 and 107 repealed.

253. Section 108 amended. 254. Section 110 repealed.

255. Section 113 substituted and section 114 repealed.

256. Sections 114A and 114B repealed.

257. Part VIII repealed.

258. Part IX repealed.

259. Section 148 amended.

260. Sections 149, 150 and 151 repealed.

261. "Board" amended to "Authority" in Part XI.

262. Section 152 amended.

263. Sections 156, 157 and 158 amended.

264. Section 159 repealed.

265. Section 161 amended.

266. Section 162 further amended.

267. Sections 164 and 164A repealed.

268. Section 167 further amended.

269. Sections 169 and 170 repealed.

270. Section 172 repealed. 271, Section 173 amended.

272. Sections 174, 175 and 176 repealed.

273. The Schedule repealed.

PART IX-RIGHTS IN WATER AND IRRIGATION ACT 1914.

274. Principal Act.

275. Section 2 amended. 276. Section 3 amended. 277. Section 4 amended.

278. Section 5 repealed.

279. "Minister" amended to "Authority" in Part III.

280. Section 12 further amended.

Section.

281. Section 16 further amended.

282. Section 22 further amended.

283. Section 25 further amended.

284. Section 26D amended.

285. Section 26G further amended.

286. Section 26H amended.

287. Section 26J further amended.

288. Section 27 further amended.

289. "Minister" amended to "Authority" in Part IIIA.

290. Section 27A further amended.

291. Section 27F amended. 292. Section 2711 amended. 293. Section 30 substituted.

294. Sections 31 and 32 repealed.

295. Section 33 substituted.

296. Section 34 repealed.

297. Section 35 amended.

298. Section 36 amended.

299. Section 37 amended.

300. Section 38 amended.

301. Heading to Part VII amended.

302. "Minister" amended to "Authority" in Part VII.

303. "Board" amended to "Authority" in Part VII.

304. Sections 39B, 39C, 39D, 39E, 39F, 39G, 3911 and 391 inserted.

305. Section 40 amended.

306. Sections 40A, 40B and 40C inserted.

307. Section 41 amended.

308. Section 42 further amended.

309. Section 42A further amended.

310. Section 42AA amended.

311. Section 45 amended.

312. Part VIII repealed.

313. Part IX repealed.

314. Section 59 amended.

315. Section 60 repealed.

316. "Board" amended to "Authority" in Part XI.

317. Section 62 amended. 318. Section 63 amended. 319. Section 65 repealed.

320. Section 66 further amended.

321. Section 68 repealed.

322. Section 70 amended.

323. Section 73 further amended.

324. Section 74 amended.

325. Section 75 further amended.

326. Sections 76, 77 and 78 repealed.

327. Section 79 amended.

328. Section 79A amended.

PART X-WATER BOARDS ACT 1904.

329. Principal Act.

330. Section 2 repealed. 331. Section 3 amended.

332. Heading preceding section 5 amended.

333. Section 5 amended. 334. Section 6 amended.

Section.

335. Section 40 amended.

336. Section 41 amended.

337. Section 43 amended.

338. Section 44 amended.

339. Section 45 amended.

340. Section 45A amended.

341. Section 51A inserted.

342. Section 52 amended.

343. Section 53 amended.

344. Sections 54 amended.

346. Section 72 amended.

347. Section 76A amended.

348. Section 77 amended.

349. Section 79 amended.

350. Section 83 amended.

351. Section 87 amended.

345.

Sections 57, 62 and 62A amended.

352.

Sections 92, 92A and 93 repealed and sections 92 and 93 substituted.

353. Section 94 amended. 354. Section 96 repealed. 355. Section 99A inserted.

356. Section 110 amended. 357. Section 111 amended. 358. Section 113 amended. 359. Section 141 amended.

360. Section 161 amended.

361. Consequential repeals.

PART XI--WESTERN AUSTRALIAN WATER RESOURCES

COUNCIL ACT 1982.

362. Principal Act

363. Section 4 amended.

PART XII - FLUORIDATION OF PUBLIC WATER SUPPLIES

ACT 1966.

364. Principal Act.

365. Section 5 amended.

PART XIII - PUBLIC WORKS ACT 1902.

366. Principal Act

367. Section 63 amended.

368. Sections 125 and 126 repealed.

PART XIV-PENSIONERS (RATES REBATES AND

DEFERMENTS) ACT 1966.

369. Principal Act.

370. Section 10 amended. 371. Section 10A inserted.

PART XV-PUBLIC AUTHORITIES (CONTRIBUTIONS)

ACT 1974.

372. Principal Act.

373. Section 2 substituted.

374. Section 3 amended.

PART XVI-REPEAL.

375. Scheduled Acts repealed.

WESTERN AUSTRALIA.

ACTS AMENDMENT

AND REPEAL

(WATER AUTHORITIES).

No. 25 of 1985.

AN ACT to amend the Water Authority Act 1984, the Water Supply, Sewerage, and Drainage Act 1912, the Metropolitan Water Authority Act 1982, the Metropolitan Water Supply, Sewerage, and Drainage Act 1909, the Country Areas Water Supply Act 1947, the Country Towns Sewerage Act 1948, the Land Drainage Act 1925, the Rights in Water and Irrigation Act 1914, the Water Boards Act 1904, the Western Australian Water Resources Council Act 1982, the Fluoridation of Public Water Supplies Act 1966, the Public Works Act 1902, the Pensioners (Rates Rebates and Deferments) Act 1966 and the Public Authorities (Contributions) Act 1974 and to repeal the City of Perth Sanitation Act 1945, the Special License (Waroona Irrigation District) Act 1932, the Agricultural

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

Areas, Great Southern Towns and Goldfields Water Supply Act 1947, the Coolgardie Gold- fields Water Supply Construction Act 1898, the Water Supply, Sewerage, and Drainage Act Amendment Act 1913, section 8 of the Water Supply, Sewerage, and Drainage Amendment and Validation Act 1981, section 3 of the Metro- politan Water Supply, Sewerage, and Drainage Amendment Act (No. 2) 1981, sections 4 (2), 15 and 16 of the Country Areas Water Supply Amendment Act 1984, sections 6 and 7 of the Country Towns Sewerage Amendment Act 1984, the Water Boards Amendment Act 1918 and the Water Boards Amendment Act 1928 and for related purposes.

[Assented to 6 May 1985.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent

of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

Short title.

This Act may be cited as the Acts Amendment and Repeal (Water Authorities) Act 1985.

Commence-

ment.

2. The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation.

PART II-WATER AUTHORITY ACT 1984.

Principal	3.	In this Part, the Water Authority Act 1984 is
Act.

Act No. 3	referred to as the principal Act
of 1984.
amended.

Section 3

Section 3 of the principal Act is amended

(a)	by deleting "In this Act," and substituting the following-

" (1) In this Act and in and for the purposes of any relevant Act, unless that term is otherwise defined in that relevant Act, ";

1985.]

Acts Amendment and Repeal [No. 25.

"	(Water Authorities).

(b)	by inserting in appropriate alphabetical sequence the definitions following -

"a former Minister" means a Minister of the Crown who has at any time been charged with the administra- tion of a relevant Act;

"conduit" includes a pipe or culvert;

"district", in relation to a municipality, has the meaning assigned in the Local Government Act 1960;

"drain" means

(a)	a conduit on or under any land; or

(b) a channel,

whether natural or constructed, which was or is used or intended to be used to carry surplus water, and includes any part of such a conduit or channel;

"fittings" includes all pipes, meters, or other apparatus used for or in connection with the supply of water, and all pipes, cisterns, traps, syphons, manholes, venti- lators, and all other apparatus connected with and requisite to secure the safe and proper work- ing of any drain, sewer or property sewer;

"fixtures", in relation to sewerage, includes all apparatus that may be attached to the plumbing system of a property for the collection, pumping or retention of any wastewater for ultimate discharge into the sewerage system and

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

includes closet pans, urinals, baths, sinks, basins, troughs and pumps connected with the sewerage system;

"Metropolitan Water, Sewerage, and Drainage Area" means the area constituted under section 6 of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909;

"occupier" means the person in actual occupation of land, or if there is no person in actual occupation, the person entitled to possession of the land;

"officer of the Authority" includes

(a)	a person holding or acting in the office of Managing Director of the Authority;
(b)	a person appointed pur- suant to section 27 or 28;

and

(c)	a person the services of whom are made use of by the Authority pursuant to section 26;

"owner" has the meaning assigned in the Local Government Act 1960;

"pipe" means a main, reticulation, or service pipe used for water services, and includes any plug, stop-cock, water-cock, syphon, branch or apparatus used in connection with such pipe and any part of a pipe;

"plant" includes machinery, equipment, vehicles, boats or other apparatus utilised in the provision of water services;

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

"premises" means any land, street, structure or other place;

"property sewer" means a conduit, through, on or under any street or other land, whether public or private, laid wholly or partly by or at the expense of the owner or occupier of any premises for the carriage therefrom of any sewage or wastewater to any sewer, and any part of such a conduit;

"ratepayer" means a person named in the rating records of the Authority as a person liable to pay rates;

"reservoir" means a reservoir, dam, tank or cistern;

"road" has the same meaning as street;

"sewage" has the same meaning as

wastewater;

"sewer" means a conduit through, on or under any street or other land, whether public or private, for the carriage of any sewage or waste- water, and includes any part of such a conduit but does not include a conduit that is a property sewer;

"street" includes any highway, thoroughfare, lane, alley, square, court, place of public passage, public wharf, jetty or bridge and any private road maintained by a council or other public authority;

"surplus water" means storm water, surface water or underground water which accumulates or may accumulate to the detriment or disadvantage of any person;

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

"the former Authority" means the Metropolitan Water Authority established pursuant to the Metro- politan Water Authority Act 1982;

"waste" includes solid, liquid and gaseous waste;

"wastewater" means liquid waste,

whether domestic or otherwise, and

includes faecal matter and urine;

"watercourse" means a river, stream or creek in which water flows in a natural channel, whether perman- ently or intermittently and includes any natural collection of water into, through, or out of which, any such river, stream or creek so flows;

"water services" means water supply, sewerage, drainage or irrigation provided under or pursuant to this Act or a relevant Act;

"well" means a pit, excavation, shaft, hole, bore or other opening made for the purpose of obtaining a suppy of underground water;

"works" includes waterworks, sewerage works, drainage works and irrigation works including surveys, excavations, structures, buildings and plant provided by or used or intended to be used by the Authority for the purposes of water services or for the assessment, control or management of water resources and the term may be construed as including the land upon which works are constructed or provided. ";

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(c)	by deleting the definitions of "Division", "Part", "section" and "subsection";
(d)	in the definition "government department", by inserting after "Act", at the end of paragraph (b), the following-

" or a relevant Act ";

(e)	by deleting the definition "land" and substituting the definition following -

CC "land" includes any building or other

structure on, over or under the land, and any tenement or heredit- ament of any tenure related to the land; ";

in the definition "local authority", by inserting after "1904", at the end of paragraph (c), the following-

" or section 13 of the Country Areas Water Supply Act 1947 ";

and

(g) by adding the subsections following

(2) For the purpose of construing regulations or by-laws made under a relevant Act prior to the coming into operation of this Act, whether or not subsequently amended

(a)	any reference therein to a term assigned a meaning by sub- section (1) shall have that meaning, unless the context otherwise requires; and
(b)	any reference in a regulation or by-law to the Act under which it was made shall be deemed to include a reference to this Act.

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(3) Where a provision of this Act or a relevant Act authorises the Authority to enter upon, carry out works in, on, over or under, or exercise any other power in relation to, any land, premises or thing for any purpose the provision shall be deemed as also to authorise an officer of the Authority or other person acting on behalf of the Authority, together with such workmen and other persons, vehicles, vessels or plant as may be necessary for the purpose, to exercise that power and to occupy the land so far as is necessary for the purposes of this Act and any reference to a power of, or to an obligation or liability of, the Authority may, where the context so requires, be construed accordingly. ".

Section 5

amended.

5. Section 5 of the principal Act is amended in subsection (1)-

(a)	by inserting after "Rights in Water and Irrigation Act 1914." the following-

" Water Supply Act 1893. "; and

(b)	by deleting "Agricultural Areas, Great Southern and Goldfields Water Supply Act 1947." and "Coolgardie Goldfields Water

Supply Construction Act 1898.".

Section 6

amended.

6. Section 6 of the principal Act is amended

(a)	in subsections (1) and (2), by deleting "1918" and substituting the following-

" 1984 "; and

(b)	by adding the subsections following (3) For the purpose of the admini- stration of subsidiary legislation made under a relevant Act prior to the

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

coming into operation of this Act, whether or not subsequently amended

(a)	where pursuant to this Act or a relevant Act the Authority is authorised to administer, or to carry out on behalf of the Crown in right of the State, any function previously administered or carried out by a statutory authority under the relevant Act, any reference in subsidiary legislation made under that relevant Act to the statutory authority shall be construed as a reference to the Authority;
(b)	a reference to a Minister, otherwise than when acting in the capacity of a body corporate, shall, where by amendments to the relevant Act made for the purposes of this Act a reference in the relevant Act is changed from a reference to the Minister to a reference to the Authority, be construed by reference to the amended provisions of the relevant Act so as to give effect to the purposes of this Act;
(c)	where a reference relates to a right of appeal to a Minister, or the context appears to require that the reference be not construed as a reference to the Authority (any question as to which may be deter- mined by the Minister), the reference shall be construed as a reference to the Minister;

and

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(d)	the provisions of this Act applicable to regulations or by-laws shall be deemed to have effect in relation to that subsidiary legislation.

(4) Where any provision of a relevant Act or subsidiary legislation made under a relevant Act is incon- sistent with the operation of this Act the Governor may, by Order in Council published in the Government Gazette, make

(a)	such modification to that provision as appears to him necessary for preventing anomalies arising by the operation of this Act; or
(b)	such consequential or supple- mentary provision as appears to him necessary or expedient for the purpose of giving full effect to this Act,

and any such modification or provision has the same force and effect as if it were enacted by way of amendment and the relevant Act or subsidiary legislation affected is, on publication of of the Order, thereby amended. ".

section 7

amended.

7. Section 7 of the principal Act is amended

(a)	in subsection (1), by adding after "State", at the end of the subsection, the following-

'C , of assessing, developing, utilizing and

conserving water resources and of planning, managing and co-ordinating throughout the State the provision of water services "; and

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(b) by adding the subsections following

(7) Any power exercisable by a statutory authority under a relevant Act immediately prior to the appointed day fixed pursuant to section 4 in relation to that statutory authority shall thereafter be exercisable by the Authority.

(8) Without prejudice to the generality of subsections (5) and (7), and subject to the particular provi- sions of any relevant Act, where the power is exercised for the purposes of that Act, the Authority may

(a) enter upon land and carry out inspections or works in, on, under or over any land for the purposes of this Act or any relevant Act;

(b)	acquire, lease or otherwise deal in and dispose of real and personal property, either as to the whole of the interest of the grantor or by way of an estate or interest less than the estate or interest of the grantor-

(i) by agreement; or

(ii) compulsorily, under and subject to the Public Works Act 1902 as read with this Act;

(c)	make and levy rates, impose charges and require the pay- ment of interest on moneys in respect of water services;

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(d)	raise fees or charges with respect to the issue or renewal of licences, the provision of services, the supply of equip- ment or the performance of any work by the Authority;
(e)	compound and settle disputes, breaches of contract and actions, enter into arbitration, guarantee or give indemnities for the payment of money or the performance of contracts or obligations by any other person;
(f)	by agreement with the owner or occupier of any land, undertake any works related to water services in respect of that land on such terms as are agreed;
(g)	supply or acquire water in bulk;
(h)	subject to the requirements of any other written law relating thereto, cause any wastewater to be disposed of-

(i) onto land acquired by, vested in or subject to the control of, the Authority for that purpose;

(ii) into the sea or any river or watercourse; or

(iii) onto any land by agreement with the owner of that land;

provide offices, stores, ware-

(i) houses, depots and other works necessary for the purposes of this Act and any relevant Act;

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(j)	purchase or otherwise obtain such materials, supplies and plant as may be required for the purposes of this Act and any relevant Act;
(k)	conduct or promote relevant research and investigations, compile and provide informa- tion relating to, and give advice and prepare designs in respect of, water services and water resources, for the purposes of the Authority or, at the request of, or with the approval of, the Minister, for other purposes;

establish standards and criteria and methods of testing relevant to water services and water resources;

(m)	carry out works related to water services or water resources for the purposes of the Authority or, at the request, of or with the approval of, the Minister, for other purposes; or
(n)	conduct prosecutions related to water services or water resources.

(9) Subject to the provisions of this Act and of any relevant Act where the function is undertaken for the purposes of that Act, the duties of the Authority include

(a)	the treatment, supply and distribution of water for any purpose, the control of water catchments and the manage- ment of water usage generally;

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(b)	the collection, treatment and disposal of wastewater;
(c)	the provision of drainage and the disposal of surplus water generally;
(d)	the formulation and mainten- ance of the Arterial Drainage Scheme compiled pursuant to Part IX of the Metropolitan Water Authority Act 1982;
(e)	operating, maintaining and repairing all works relating to water services and water resources; and
(f)	providing new, additional, or supplementary works relating to water services and water resources, including, in so far as is appropriate, works to extend water services to places which have not previously been served or adequately served. ".

Section 26

amended.

8. Section 26 of the principal Act is amended by adding the subsection following

(5) For the purposes of this Act, a person authorised in writing by the Authority may at any reasonable time without any fee or charge inspect any valuation, rate book or other valuation or rating records main- tained by or in the possession of a local authority and shall be permitted access thereto and to take copies or copies of extracts, and the town clerk or the shire clerk of a municipality shall on the request of the Authority

(a)	furnish to the Authority, on pay- ment of such amount, if any, as may be prescribed, pursuant to the Local

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

Government Act 1960, a copy of any such record verified by him by statutory declaration; and

(b)	notify the Authority in writing of any amendment or alteration made thereto. ".

Section 33 of the principal Act is amended in Section 33

amended.

subsection (3), by deleting "section 36 of the Inter- pretation Act 1918" and substituting the following-

" section 42 of the Interpretation Act 1984 ".

10. adding the subsection following	Section 34 of the principal Act is amended by =d
(3) Without prejudice to the generality of the powers conferred by subsection (1), by-laws made under this Act may

(a)	amend by-laws made under a relevant Act; or provide that those by-laws shall be deemed to have been made under this Act, or do both;
(b)	provide for the due management and use of works, water resources and water services, and of the other property of the Authority and of water under its jurisdiction or con- trol or subject to its authority;
(c)	include measures for the protection of works, water services or water resources under the jurisdiction or control of the Authority, and for preventing or remedying the waste, misuse, undue consumption, fouling or contamination of, water under its jurisdiction or control or subject to its authority;

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(d)	regulate or prohibit the deposit of anything likely to cause fouling or contamination in, or within a pre- scribed distance of, any works, water services, watercourse, surface water or underground water;
(e)	provide for the construction, pro- vision, maintenance, repair and cleansing of works and water services;
(f)	control or limit the use of, or inter- ference with, any watercourse, water or the flow of water under the Authority's jurisdiction or control or subject to its authority;
(g)	regulate the flow or require the disinfection, cleansing or other treatment of wastewater or other substances, discharged into or other- wise entering any works, water services or watercourse;
(h)	regulate, require or prohibit, the construction, provision, use, altera- tion, arrangement or repair of any drains, pipes, property sewers, fixtures or fittings, and make pro- vision for the purposes for which, and the extent to which, they may be used, and prohibit interference therewith;

(i) empower the Authority to effect repairs to pipes, drains, property sewers, fixtures and fittings-

(i) so as to prevent waste or fouling; or

(ii) in the case of damage to property of the Authority,

and to recover the cost thereof from the owner or occupier of the land; and

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(j) provide for the inspection of premises

and things provided with, or used for

the purposes of, water services. ".

11. Section 36 of the principal Act is amended— amender.

(a)	in paragraph (c) of subsection (4), by inserting after "expense" the following-

" , loss or damage "; and

(b) by adding the subsections following

(6) The court, when convicting a person for an offence constituted by a contravention of a regulation or by-law which provides that any expense, loss or damage incurred by the Authority in consequence of the offence shall be payable by the offender shall, if requested by an officer of the Authority or a person authorised by the Authority, assess the amount of the expense, loss or damage so incurred and payable by the person convicted and make an order for payment of the total amount assessed, and the amount specified in the order is recoverable in the same manner as it would be recoverable if it were a fine.

(7) Nothing in subsection (6) prejudices or affects the right of the Authority to institute any civil action or proceeding for the recovery of damages in any other court of competent jurisdiction against the person convicted. ".

12. Section 39 of the principal Act is amended	amended.
Section 39

(a)	in paragraph (a) of subsection (5), by deleting "have" and substituting the following-

" has "; and

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(b)	by inserting after subsection (8) the subsection following-

(9) The Authority may, subject to the Act in question, exercise any power to make and levy rates and impose charges, to recover moneys, and as to finance and investment conferred on a former Minister or a statutory authority by a relevant Act on that Minister or statutory authority ceasing to be responsible for the function, pursuant to section 8 or otherwise, in accordance with this Act or a relevant Act. ".

Section 40

13.

Section 40 of the principal Act is amended in

subsection (1) by inserting after "operation of" the

following-

amended.

" the Acts Amendment and Repeal (Water Authorities) Act 1985 or ".

Section 62

Section 62 of the principal Act is amended in

subsection (1) by deleting "exericse" and substitut-

ing the following-

amended.

14.

" exercise ".

Part IV

The principal Act is amended by adding the sections and heading following

added.

15.

PART IV-AGREEMENTS RELATING TO WORKS AND WATER SERVICES.

Application.

64. The provisions of this Part apply to and in relation to any land in relation to which the Authority provides, proposes to provide, or is or may be requested to provide, water services.

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

Interpreta-

65. For the purposes of this Part

tion of this

Part.

(a)	unless the context otherwise requires

"development" has the meaning given under and for the purposes of the Town Planning and Development Act 1928;

"headworks" means all works necessary to provide and maintain water services, not being reticulation works;

"proposal" includes a plan, specific- ation or design, and any amended proposal, for the development or subdivision of any land;

"planning condition" means a condition affixed

(a)	pursuant to Part III of the Town Planning and Development Act 1928 to the granting of approval of a plan of subdivision;

(b)	pursuant to Part XV of the Local Government Act 1960 to the granting of a building licence;

"reticulation" means the system of works necessary to provide services to particular land, being works connecting head- works to the point at which the service is provided;

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(b) a reference to

"development" includes a reference to, a re-development, or a proposed development or re- development;

"subdivision" includes a reference to re-subdivision or amalgam- ation;

"the provision of works" includes a reference to the construc- tion, extension, addition, alteration or improvement of headworks or reticulation,

as the case may require, and cognate expressions shall be construed accordingly; and

(c)	any question as to what constitutes headworks or reticulation may be determined by the Authority, and effect shall be given to that determination.

Advice and

guidelines.

66. For the guidance of planning authorities, land developers and persons interested the Authority may

(a)	give advice, whether general or specific, in relation to a proposal; or
(b)	issue guidelines as to the works or water services appropriate to speci- fied kinds of development,

and where the whole or any part of that advice or a relevant guideline is capable of being sufficiently identified it may be incor- porated by reference in a planning condition as though it were set out in the text of the

condition affixed.

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

67. (1) Where the Authority becomes Agreements.

aware that in order to satisfy a requirement

for water services indicated by

(a) a proposal; or

(b)	a change in, or a proposal to change, the use or nature of an existing development to which existing water services are provided,

the provision of works, or the use of water services provided by the Authority, may or will be necessary in relation to the whole or any part of the land affected, the Authority may, by notice served on the person sub- mitting the proposal or on the owner of the land, require that the owner of the land, or a person authorised on his behalf, furnish information as to the proposal or change to the Authority and negotiate and enter into an agreement under this section with the Authority in relation to the provision of those works or the use of those water services.

(2)

Where a notice has been served by the Authority on any person under subsection (1), the Authority may, and if so directed by the Minister shall, serve another notice on that person varying or rescinding the earlier notice, and a reference to the requirements of the notice shall be read as a reference to the requirements of the notice as so varied.

(3) Where the Authority serves a notice under this section the Authority may furnish a copy of that notice to the Town Planning Board or council concerned advising that due to the proposal or change the Authority is unwilling or unable to provide the required works or water services unless an agreement can be negotiated, and a planning condition requiring connection to, or the provision of, works or water services may be affixed by reference to that notice under the Act in

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

pursuance of which the proposal was sub- mitted, and any approval under the Act imposing the planning condition shall not be taken to be effective until

(a)	the planning condition is removed under the provision of that Act;
(b)	the notice served by the Authority under this section is rescinded by the Authority; or
(c)	the Town Planning Board or that council is satisfied that-

(i) the provisions of an agree- ment entered into with the Authority under this section in relation to the works or water services referred to in that planning condition have been implemented or that such implementation has been ensured in a manner satis- factory to the Authority; or

(ii) the requirements of the Authority have been other- wise met.

(4) Nothing in this section requires that, by reason only of a notice served under this section by the Authority having been rescinded or complied with, an application under Part III of the Town Planning and Development Act 1928 for the approval of a plan of subdivision or under Part XV of the Local Government Act 1960 for the grant of a building licence should be approved.

(5) In the consideration of whether or not the provision of works, or the use of services provided by the Authority, may or will be necessary in relation to any land, regard may be had to the existing and future requirements of that land and of other lands.

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(6) An agreement entered into under this section may make provision for

(a)	works or water services which have been or are to be provided to or in relation to any land otherwise than by the Authority; and
(b)	any works which have been or are to be provided to connect with and form part of a system of works providing water services to that land and other lands.

(7) An agreement entered into under this section may provide that the Authority or a person shall be entitled to payment notwith- standing that works are or have been provided prior to a proposal being approved under the Town Planning and Development Act 1928 or a building licence being issued or the subdivision or development being proceeded with, and that entitlement to payment shall not be affected by reason only that the approval is not given, the building licence not issued or the proposal not implemented.

(8) An agreement entered into under this section may make provision for payment or an advance to be made in respect of the provision of works or water services, whether provided or to be provided by the Authority or other- wise, or for security to be given for any payment or advance or in relation to any works under the agreement, or for the repayment of the whole or such part as may be agreed upon of any cost related to previous or existing works or water services incurred by any person, or in relation to any other relevant payment, advance or security.

(9) The making of an advance to the Authority towards the cost of the provision of works or water services specified in an agreement entered into under this section shall not be taken to be a borrowing entered into by the Authority.

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(10) Unless the agreement otherwise requires, all works provided or in the course of being provided, whether or not by the Authority, pursuant to an agreement entered into under this section vest in and are the property of the Authority.

(11) Where the Authority is to provide works or water services pursuant to an agree- ment under this section it may, notwith- standing the terms of the agreement, provide works or water services involving greater expenditure than those specified in the agreement if the addditional cost is borne, or provided for, by the Authority.

(12) An agreement entered into under this section may impose charges by reference to the specific works contemplated by the agree- ment, or by reference to an apportioned amount which the Authority determines as appropriate having regard to

(a)

the nature of works and water services provided or to be provided;

(b)

operating and maintenance costs;

and

(c)

the difficulty of ascertaining to what extent any particular land is thereby served. ".

Part V

added.

16. The principal Act is amended by adding the sections and heading following

PART V-ACCESS TO LAND AND INFORMATION

FOR RATING PURPOSES.

Access to

land and	68. (1) For the purposes of this Act or a
information

for the	relevant Act, a person authorised in writing
purposes of
rating, etc.	by the Authority may

(a)	enter into and upon any land without being liable to legal pro- ceedings for or on account of the entry; and

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(b)	put to the owner, or an agent of the owner, or a person in occupation or in apparent charge of the land such questions as are necessary to enable the several particulars required to be ascertained to be compiled correctly,

in so far as may be required to enable the information shown in the rating records relating to the land to be confirmed or amended by the Authority for the purposes of rates or charges.

(2) A person who, after being informed of the purpose of the questions and of the authorisation of the person putting the questions, refuses or omits to answer the questions or any of them to the best of his knowledge and belief, or who knowingly makes a false answer or statement in reply to a question so put, commits an offence.

Penalty: $1 000.

Provision of

69. (1) A person who-	information
AS to
rating, etc.

(a)	becomes or ceases to be the owner of;
(b)	not being the owner, becomes or ceases to be the occupier of; or
(c)	being a person on whom the Authority is authorised by the owner to serve notices or demands, ceases to be so authorised in relation to,

any land liable to any rates or charges under this Act or a relevant Act and who fails, within 14 days thereafter, to give to the Authority notice of the fact, commits an offence.

Penalty: $50.

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(2) A person who, after being requested to furnish that name by the Authority or any officer authorised by the Authority

(a)	being the occupier of any land, refuses or wilfully omits to disclose, or wilfully mistates, to the Authority or officer making the request the name of the owner of the land or of the person receiving or authorised to receive the rents of the land; or
(b)	being a person receiving or authorised to receive the rent of any land refuses or wilfully omits to disclose, or wilfully mistates to the Authority or officer making the request the name of the owner of the land,

commits an offence.

Penalty: $1 000. ".

Part VI

added.

17. The principal Act is amended by adding the sections and heading following

PART VI-ENTRY ONTO LAND BY THE AUTHORITY.

The power

of entry.

70. (1) Except where otherwise specifically provided by this Act or a relevant Act, entry by or on behalf of the Authority onto any land, premises or thing shall not be lawful unless

(a)	the consent of the owner or occupier has been obtained; or
(b)	due notice under this Act, a relevant Act, or the Public Works Act 1902 has been served.

(2) Where due notice is served pursuant to subsection (1) a person authorised by the Authority may, unless the owner or occupier or a person authorised by the owner or

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

occupier objects to the exercise of that power by the Authority, lawfully enter onto any land, premises or thing notwithstanding that the Authority has not obtained the consent of the owner or occupier.

(3) The exercise of a power of entry con- ferred by this Part shall not be taken to require the Authority to acquire any interest in any land unless

(a)	the Authority elects to acquire the interest by agreement;
(b)	the Authority elects to take or resume an interest under and in accordance with the Public Works Act 1902, as read with this Act; or
(c)	the Authority is required to acquire an interest pursuant to subsection (4) of section 81 of this Act or section

25 of the Public Works Act 1902.

(4) A notice required by this Act to be given in relation to any entry shall specify the purpose for which entry is required and shall continue to have effect for so long as that requirement subsists, and successive entries for that purpose shall be taken to be entries to which the notice relates.

71. (1) For the purposes of this Act and

Inspection.

any other Act administered by the Authority,

the Authority

(a)	may, subject to subsection (1) of section 72, enter and re-enter at all reasonable times any land, premises or thing-

(i) to which water services are supplied by the Authority; or

(ii) in, on, over or under which any works of the Authority

are lawfully situate,

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

for the purpose of routine inspection, or routine maintenance and no notice under this Act is required unless an agreement in writing entered into by the owner or occupier of the land, premises or thing with the Authority in relation thereto otherwise provides; and

(b)	may, without notice, enter at all reasonable times any land, premises or thing and take such measures as may be necessary to ascertain whether any offence against this Act or a relevant Act has been or is being committed.

(2) Notwithstanding that the powers con- ferred by section 17, 82, 83A, 112 or 112A of the Public Works Act 1902 may in any particular case not be applicable, the Authority may enter upon any land if, in the opinion of the Authority, entry upon that land is necessary for the purposes of inspect- ing or examining the land to determine the feasibility of the use of that land for the purposes of this Act or a relevant Act, or as preliminary to any prospective or intended acquisition of the land or any estate or interest in that land.

(3) Whenever the Authority, by its officers or agents, enters or has entered on or into any land, premises or thing the officer of the Authority responsible for the conduct of the entry shall, on request, produce evidence of his appointment and give particulars of the power conferred on the Authority by virtue of which the Authority claims a right of entry.

Notice of

Entry.

72. (1) Notwithstanding that, by reason of subsection (1) of section 71, a notice would not have been required to have been given where entry was required for the purpose of routine inspection or routine maintenance,

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

where the Authority intends to exercise any of the powers conferred by this Part or section 83 and the purpose of entry is to carry out works that may affect the land, notice in writing of that intention shall, where practicable, be given by the Authority to the owner or occupier of the land, premises or thing to be affected not less than 48 hours before the power is to be exercised, save where this Act or a relevant Act otherwise provides.

(2) Where the Authority enters onto any land, premises, or thing without prior notice, whether or not such notice was required under this or any other Act, for the purpose of exercising any power of the Authority to carry out works thereon then, wherever practicable, as soon as may be thereafter notice in writing of the entry and of the works carried out, and of any further intention of the Authority relating thereto, shall be given to the owner or occupier of the land affected.

(3) Where the owner of any unoccupied land, premises or thing is not within the State, or for any other sufficient reason it is not possible to give to any person, body or authority the notice required by this Act, then for the purposes of this Act the notice shall be deemed to have been given if it has been affixed or displayed on or over a conspicuous part of the land, premises or thing concerned and left so affixed or displayed for at least 48 hours.

(4) The Authority may without prior notice enter on any street under the control of a council or department and there exercise the powers conferred by section 83, but, except where entry is effected pursuant to section 73, notice pursuant to section 100 shall be given by the Authority to the council or department concerned where that section

applies.

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

A notice served pursuant to this Act for the purpose only of the exercise of the power of entry shall not be taken to have effect as a notice in relation to the taking or resumption of any land under Part II of the Public Works Act 1902.

(5)

(6) Where it is shown to the satisfaction of a justice that entry on or into any land, premises or thing is reasonably required by the Authority for the purpose of the exercise of a power conferred by this Act or a relevant Act but that entry has been refused or the entry is opposed or prevented, or in any case where such land, premises or thing is unoccupied and access cannot be obtained or a notice required by this Act or a relevant Act cannot be served without undue delay or difficulty, the justice may, by warrant in the form prescribed by regulations made under this Act, authorise the Authority by its officers together with such other persons as are named in the warrant, or any police officer, to enter upon the land, premises or thing, using such force as may be necessary, for the purpose therein specified and any such warrant shall continue to have effect until the purpose for which it was granted has been satisfied.

(7) Where in the opinion of the Authority circumstances have arisen that may occasion undue delay in effecting entry on or into any land, premises or thing or in the carrying out of any works but the provisions of subsection (6) are not appropriate to the circumstances, the Authority may apply to the Supreme Court ex parte by notice of motion, notwithstanding that no cause or matter between the parties is before the Court or that no previous notice has been given to any party affected thereby, for the grant of an injunction prohibiting the persons therein specified from opposing or preventing the exercise by the Authority of its powers, or for an order directing the Authority

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

as to the exercise of powers conferred by this Act or a relevant Act in the circumstances specified in that order, or for both such an injunction and such an order.

Rights as to

73. (1) Where it appears to the Authority an officer of the Authority or any other person who pursuant to subsection (3) of section 3 is deemed to be authorised to act on behalf of the Authority, that by reason of

entry in

emergency.

(a)	actual or apprehended danger or health risk to any person or in relation to any property;
(b)	the occurrence of injury, disease or damage attributable, or which might be attributable, to any defect in, or any malfunction, misuse or improper use of, the Authority's works, any property sewer or any fixture or fitting;
(c)	an urgent necessity to restore or provide water services to any place or person;
(d)	damage to, or interference with, water services generally; or

(e) any other matter,

the circumstances are such that an emergency situation exists which makes compliance with the normal requirements of this Act or a relevant Act impractical or unreasonable, then, while those circumstances subsist and for so long thereafter as is reasonably required in relation thereto, the Authority or that person may lawfully effect immediate entry on or into any land, premises or thing necessary to deal with the emergency situation, and there exercise all such powers as are by this Act or a relevant Act conferred on the Authority or that person and are reasonably required to deal with that situation, and may

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

in so far as is necessary use reasonable force to effect entry, without any requirement for notice or warrant and by force of this sub- section.

(2) Notwithstanding that no notice is required under subsection (1), where it is practicable so to do notice of an entry effected under subsection (1) shall be given to all persons who are, or are the owners or occupiers of land which is, likely to be affected.

Any question as to what is a necessary entry may be determined by the officer of the Authority or other person authorised by this section to effect or direct the entry, and any question as to what powers are reasonably required to deal with a situation to which subsection (1) refers may be determined by the person responsible for the exercise of the power, and in any proceedings arising there- from such a determination shall be presumed, in the absence of evidence to the contrary, to have been made in good faith.

(3)

(4) The Authority or a person exercising powers pursuant to this section shall, as soon as may be, remove anything left on the land, premises or thing entered and shall make good any damage, or effect restoration, rehabilitation or restitution and section 62 has effect as though a reference in that section to the Authority included a reference to a person exercising powers pursuant to this section. ".

Part VII

added.

18. The principal Act is amended by adding the sections and heading following

PART VII-ACQUISITION OF LAND OR INTERESTS IN LAND BY THE AUTHORITY.

Estates and

Interest In	74. For the purposes of this Part, and in the Public Works Act 1902 when construed for the purposes of this Part, a reference to "land" shall be read as extending to any land,
land.

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

or to any portion of any land, or to the sub- soil, surface or airspace relating thereto, and to any legal or equitable estate, right, title, easement, lease, licence, privilege, or other interest, in, over, under, affecting, or in con- nection with that land or any portion, stratum or other specified sector of that land (whether or not that interest is an interest recognised by the Common Law) the extent of which is ascertainable by reference to the documents purporting to relate thereto.

Partial

ment or by way of a compulsory taking or land.

75. (1) Where, whether by way of agree- interests in

resumption pursuant to the Public Works Act 1902, the Authority seeks to acquire an estate or interest in or relating to any land that is less than is held by the person from whom the acquisition is sought, the Authority may, subject to subsection (11) of section 81, acquire such lesser estate or interest and shall not be required to acquire the whole of the estate or interest held by that person.

(2) Where an estate or interest of the Authority of the kind referred to in sub- section (1) is recorded on, or by way of memorial in the register relating to, the title to the land

(a)	that estate or interest shall enure for the benefit of the Authority and run with the land notwithstanding any sale, subdivision or other dealing with that land by the owner or occupier for the time being, but any such estate or interest may be relinquished by the Authority; and
(b)	the benefit of any right, restriction or covenant in relation to the use of land granted to or held by the Authority may be enforced by the Authority to the like extent as if the Authority were possessed of adjacent land for the benefit of which the same was to enure.

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(3) Except where the estate or interest to be acquired under this section is one of a particular kind prescribed by reference to a standard form or abbreviated descrip- tion pursuant to section 76, a description sufficient to identify that estate or interest, when that notice or document of transfer is read together with any plan or other docu- ment to which that notice or document of transfer refers, shall be set out in any notice served under the Public Works Act 1902 or in any document of transfer.

Conveyanc-

ing by	76. (1) Regulations made under this Act may, subject to the approval of the Minister administering the Transfer of Land Act 1893, make provision for the use of a standard series of forms describing the more frequently occurring particular kinds of estate or interest less than fee simple which the Authority acquires pursuant to this Act, and where the estate or interest to be acquired by the Auth- ority is of one of the particular kinds so prescribed it may
abbreviated
description.

(a)	subject to subsection (2), be described in the prescribed abbre- viated manner in any transfer under the provisions of the Transfer of Land Act 1893, or in any notice served under the Public Works Act 1902, for the purposes of this Act or a relevant Act; and
(b)	where the estate or interest is of a kind that is not required to be trans- ferred in accordance with the provi- sions of the Transfer of Land Act 1893, be transferred in the prescribed manner,

by reference to the appropriate prescribed

standard form.

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(2) For the purposes of subparagraph (ii) of section 17 (2) (c) of the Public Works Act 1902 the copies of the notice shall be accom- panied by a description of the estate or interest to be acquired and by a copy of any plan or other documents referred to in the notice.

(3) Notwithstanding that any notice may have been served or published, or any transfer effected, in the manner permitted by this section, the Registrar of Titles, the Registrar of Deeds, or the Minister for the time being administering the Land Act 1933 (as the relevant category of title may require), may by reference to the terms of the notice served on him pursuant to subparagraph (iii) of section 17 (2) (c) or of paragraph (d) of section 23 (1) of the Public Works Act 1902, or by reference to an agreement entered into by the parties in a form prescribed pursuant to this section, cause the like record to be made in the document of title or by memorial in the register relating to the title to the land in question to evidence the interest of the Authority as could have been made if the notice or transfer of agreement had been in full form.

(4) Where the Authority acquires an estate or interest in any land less than is held by the person from whom it was so acquired, then it shall be a sufficient compliance with subsections (3) and (4) of section 23 of the Public Works Act 1902 if there is endorsed upon the deed, certificate, or other instrument evidencing the title to the land from which the estate or interest acquired is derived a note, whether or not by way of a prescribed abbreviated description, as to the estate or interest acquired and that deed, certificate, or other instrument returned to the person from whom it was received or to any person entitled to receive it on his behalf.

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(5) The description of an estate or interest acquired pursuant to section 75 or deemed to be vested in the Authority pursuant to section 80 which the Authority does not require to be recorded on, or by way of memorial in the register relating to, the title to the land in question may be delineated by reference to a plan other than a survey plan.

Agreements

Incidental	77. (1) In order to facilitate the acquisi-
to land

matters.	tion of, or dealing with, land to be acquired for the purposes of this Act or a relevant Act, the Authority may enter into agreements relating to incidental matters and things necessary to give effect to the powers con- ferred on the Authority by this Act or a relevant Act.
(2) Where the fee simple of, or any other estate or interest in, any land is vested in the Authority and the Authority at the time of the acquisition or subsequently does not require the exclusive use and occupation of that land, then the Authority may in writing grant

(a)	a lease or licence to occupy the land or any part of the land, either exclusively or concurrently with the Authority; or
(b)	any interest in or right to use that land or any part of the land,

to any other person (subject to the provisions of subsection (3) and of section 29 of the Public Works Act 1902), and where the lease, licence or other interest or right so granted is stated in that grant as being given by way of consideration for the acquisition of the land by the Authority then that lease, licence, interest or right shall not be revoked without compensation unless the parties otherwise agree.

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(3) Where the Authority exercises the powers conferred by subsection (2), then unless an agreement entered into between the Authority and the person to whom the lease, licence, interest or right is granted otherwise provides, the grant

(a)	shall be deemed to be subject to a condition that the Authority shall be indemnified against any costs, damages, claims, or expenses arising therefrom; and
(b)	subject to subsection (2), may be terminated without any liability for compensation thereby arising, on not less than 21 days prior written notice.

78. (1) Subject to to subsection (2) and to 117,gi;i„

with the Public Works Act 1902, the Authority may sell or otherwise deal with any land, or any estate or interest in land, acquired by a former Minister, a statutory authority or the Authority and vested in the Authority for the purposes of this Act or a relevant Act and no longer required for such purposes.

section 12EB (2) of the Country Areas Water land.

(2) Where any such land, estate or interest acquired by a former Minister, a statutory authority or the Authority was not acquired under this Act or any other Act by way of compulsory taking or compulsory resumption for any public work, sections 29, 29A and 29B of the Public Works Act 1902 shall not have effect in relation thereto.

For the purposes of section 20 of the Town Planning and Development Act 1928, the Authority may submit to the Town Plan- ning Board plans of a subdivision of land acquired, or to be acquired, by the Authority notwithstanding that the Authority is not the owner of the land, and approval under that Act may be given thereto.	approval.
Planning

79.

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

Regulations

as to	80. (1) Regulations made under this Act
existing

works.

may make provision

(a)

in respect of, and appropriate to, any works or other things placed upon, in, over, or under any land by the Authority, a former Minister or a statutory authority prior to the coming into operation of this section, being works or things of a kind prescribed by those regulations, for the vesting in the Authority by force of this section and without further assurance of an estate or interest in the land upon, in, over, under, or adjacent to which the works or things were so placed, and any such estate or interest may be so prescribed and dealt with by refer- ence to the standard series of forms that may be prescribed pursuant to section 76; and

(b)

for the recording of the interest of the Authority on, or by way of memorial in the register relating to, the title to the land in question,

and any such regulations may make provision for such restriction of the use of the land as may in the opinion of the Authority be necessary in the interests of safety or other- wise for the purposes of this Act or a relevant Act.

(2) The vesting in the Authority of an estate or interest in any land pursuant to subsection (1) shall not be taken to authorise the Authority to place upon, in, over or under that land any works not substantially of the kind so placed at the time the estate or interest was created.

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

81. (1) Subject to subsection (3), the Zaat

innIlt the

Authority shall not be liable to pay compensa- glffige tion for, or in respect of any damage gazdpitg

attributable to, the placing of any works or EttlfgWilrks

other things to which subsection (1) of Act1902.

section 84 applies or by virtue of the grant of the right of access deemed by subsection (2) of that section to be vested in the Auth- ority, nor shall the Authority be liable to pay compensation in respect of the vesting in the Authority of any estate or interest pursuant to section 80 or in respect of any restriction imposed on the use of land pursuant to that section.

(2)

No claim lies against the Authority by reason only of any loss of enjoyment or amenity value, or by reason of any change in the aesthetic environment, alleged to be occasioned by the placing of works of the Authority on any land.

No claim lies against the Authority by reason only of the placing of any works of the Authority upon, in, over or under any land, other than a claim

(3)

(a)	pursuant to section 62; or
(b)	under the Public Works Act 1902, as read with this Act, where the Authority-

(i) is by this or any other Act required; or

(ii) by reason of the nature of the works there placed, the nature of the locality in which the works are placed, the safe- guarding of particular works, public safety, future develop- ment proposals, or otherwise, elects,

to acquire the land or an estate or

interest in the land,

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

but this subsection does not affect any liability of the Authority where negligence is established for the purposes of section 63.

(4) Notwithstanding the powers conferred on the Authority by Part VI, the Authority is required to acquire, where practicable by agreement but otherwise pursuant to the Public Works Act 1902 as read with this Act, such land, estate, or interest as may in the opinion of the Authority be appropriate to its needs in respect of

(a)	major works, other than works in relation to which the Minister has directed the Authority that this sub- section is not to have effect; and
(b)	such other works as may be prescribed by regulation under this Act as works to which this subsec- tion shall apply,

and regulations made under this Act may make provision for such restriction of any use of the land thereby affected by other persons as may in the opinion of the Auth- ority be necessary.

(5) Where for the purposes of this Act or a relevant Act the Authority determines that any land, or any estate or interest in land, is required to be acquired by the Authority otherwise than by agreement the power to do so shall be exercised under and in accordance with, and any compensation payable by the Authority in pursuance of such powers shall be assessed, determined and recovered under, the Public Works Act 1902 as read with this Act.

(6) A claim for compensation made under this section may only be made once, and where any land, estate, or interest is acquired by the Authority no further claim in respect

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

thereof shall lie against the Authority not- withstanding any subsequent works of the Authority affecting that land, estate or interest unless it is shown that the original claim paid did not take into account the nature of the damage subsequently occurring.

Any entry upon, or acquisition of, land authorised by or under this Act or a relevant Act and any works carried out pursuant to this Act or a relevant Act shall be deemed to be for the purposes of a public work within the meaning of the Public Works Act 1902, and the Authority shall be deemed to be a local authority within the meaning of that Act authorised to effect that acquisition or undertake that public work.

(7)

For the purposes of this Act or a relevant Act, where the Authority so requires the Authority may exercise any power that is by the Public Works Act 1902 vested in the Minister responsible for the administration of that Act and in so far as that Act applies to or in relation to the compulsory taking or compulsory resumption of any land, or the entry upon, occupation or use of any land, pursuant to this Act or a relevant Act any reference in that Act to that Minister or the Department of Public Works may be read for the purposes of this Act or a relevant Act as a reference to the Authority and that Act may be construed accordingly.

(8)

(9) Subsection (8) does not prevent the

Minister administering the Public Works Act

1902 from exercising his powers under that

Act on behalf of the Authority when requested by the Authority so to do.

(10) Where the Authority fails to serve an offer on a claimant against the Authority for compensation under the Public Works Act

1902 within the time limited for that purpose

by that Act, then the Minister administering

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

that Act may serve an offer on behalf of the Authority, and such offer shall be deemed to be an offer duly made by the Authority for the purposes of that Act.

(11) A written objection served pursuant to subparagraph (i) of section 17 (2) (d) of the Public Works Act 1902 in relation to any proposed taking or resumption for the purposes of the Authority may request

(a)	that instead of the whole estate or interest in the land being acquired, such a lesser estate or interest as is sufficient for the purposes of the Authority be acquired; or
(b)	that instead of an estate or interest less than the whole being acquired, the whole estate or interest in the land be acquired,

and the Minister, after consultation with the Authority, may direct that the proposed taking or resumption be varied accordingly.

(12) Where any land is compulsorily acquired pursuant to the Public Works Act 1902 for the purposes of the Authority under this Act or any other Act that land shall, upon publication in the Government Gazette of the notice referred to in subsection (1) of section 17 of the Public Works Act 1902, be vested in the Authority for the public work specified in that notice, by force of section 18 of that Act as read with this subsection, save that the Governor may, by that notice, declare that any specified estate, interest, right or privilege of any person to the use, occupation or enjoyment of the land so acquired by the Authority, or any specified part of that land, may continue for the period therein specified or until terminated by the Governor on further notice, and may provide that such continued use, occupation or

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

enjoyment shall not be taken to be in satisfaction or part satisfaction of the compensation claimed, and effect shall be given thereto.

(13) Where, whether by agreement or compulsory acquisition, any land (including any estate or interest in land to which section 74 applies), is vested in the Authority and the land thereby affected is set apart, taken or resumed by any other person, body or authority under or by virtue of the Public Works Act 1902 then notwithstanding section 18 of that Act

(a)	the land or the estate or interest vested in the Authority shall continue to be so vested, unless the Authority otherwise agrees; and
(b)	the Authority shall be deemed to be a person having an interest in the land, estate or interest to be taken for the purposes of section 34 of that Act. ".

19. The principal Act is amended by adding the lardtern

sections and headings following

PART VIII—WORKS.

Division I—Carrying out of works under this Part.

Power to

82. (1) Subject to this Act and any relevant Act the Authority may carry out

carry out

works under

tills Part.

(a)	throughout the State, works for the purposes of this Act or a relevant Act which-

(i) are intended to provide, or which are related to, water services; or

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(ii)	are related to the management of water resources; and

(b)	such other works as are requested by, and carried out wholly or in part at the expense of, any other person being works of a kind which are related to water services.

(2) The provisions of this Part have effect in relation to works carried out under and for the purposes of a relevant Act, except in so far as that relevant Act contains provisions inconsistent with the provisions of this Part in which case effect shall be given to the provisions of the relevant Act.

Powers

relating to

83. (1) For the purposes of its functions

under this Act or a relevant Act the

Authority, subject to Part VI, may

works.

(a) enter upon any land, street, premises or thing and acquire, provide or construct-

(i) wells, reservoirs, dams, pump- ing stations, pumping mains, water treatment plants and distributory works and such other works as in its opinion may be required for the purposes of the supply, conservation or management of water;

(ii) main and reticulation sewers, pumping stations, pumping mains, ocean outlets, waste- water treatment plants and such other works as in its opinion may be required for sewerage purposes; and

(iii) drains, compensating basins, pipes, pumping stations, pumping mains and such

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

other works as in its opinion may be required for main drains or drainage purposes,

and may do all such things as may be necessary or convenient for the construction, maintenance, repair, alteration, replacement, use, discon- tinuance or removal of any works for the provision of water services and works ancillary to the provision of water services; and

(b) carry out such other works, including the construction of premises and the provision of facilities, as may be necessary for the purposes of this Act or a relevant Act.

(2) Without limiting the generality of sub- section (1) the Authority, for the purposes of this Act or a relevant Act, may

(a)	exercise the powers conferred by sections 82, 83A, 93, 94, 112 and 112A of the Public Works Act 1902, save that those sections shall be read and construed as though-

(i) a reference therein to the Minister administering that Act were a reference to the Authority; and

(ii) the provisions of this Act relating to entry on to land and the giving of notice had effect in substitution for the provisions of the Public Works Act 1902 relating to those matters,

and the powers conferred by those sections shall be deemed to include the power to carry out general or

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

specific investigations, tests, borings, explorations and other surface or underground studies

(iii) to ascertain the existence, nature and extent of water resources including under- ground water resources;

(iv) to formulate schemes for the provision, extension or alteration of water services;

(v) to determine the feasibility and requirements of works or proposed works; and

(vi) to survey or demarcate land;

(b) for the purposes of this section-

(i) drain, pump, excavate or otherwise remove any water, soil or obstruction;

(ii) remove or use any earth, rock, trees and other things taken from any land;

(iii) take water, soil or other samples;

(iv) acquire, provide, remove or reconstruct buildings, pumps and other structures or plant;

(v) open, or alter the position of, any pipe, sewer, drain, channel, tunnel, wire or other fitting or apparatus within or under any land, including any street or premises; or

(vi) remove, or make a gate in, or erect, any fence (taking all reasonable steps to notify the owner and occupier of the land on which, or on the boundary of which, the fence is, or is to be, erected).

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(3) In the exercise of the powers conferred by this section the Authority shall ensure that so far as is reasonable and practicable

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(4) Where the Minister sends to a Water Board a statement of account pursuant to paragraph (c) of subsection (3) and requires that the cost of works or other measures, or a specified part of that cost, referred to in that statement be borne by the Water Board

(a)	that cost, or that specified part of that cost, is payable by the Water Board in accordance with the requirement of the Minister; and
(b)	if the Water Board fails to pay that cost, or any part of that cost, within 30 days of being required to do so by the Minister the amount in question may be recovered in a court of competent jurisdiction from the Board by the Minister as a debt due by the Water Board to the Crown in right of the State.

(5) For the purposes of any proceedings relating to this section, a certificate that purports to be signed by the Minister certify- ing that

(a)

a Water Board has or has not been directed in writing by the Minister to give effect to requirements con- tained in that direction;

(b)

any such direction has or has not been revoked; or

(c)

the direction contained the require-

ments specified in the certificate,

is, without proof of the signature or of the official character of the person appearing to have signed the certificate, evidence of the matters certified in and by the certificate. ".

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

Section 52

342. Section 52 of the principal Act is amended— amended.

(a)	by deleting "The Minister may exercise" and substituting the following

(1) Subject to section 51A and

section 53, ";

(b)	by adding after "Area" at the end of the section, the following-

" may be exercised by

(a) the Minister;

(b)	the Authority, on the request of the Water Board; or
(c)	the Authority, if the Minister so directs or approves "; and

(2) Where at the request of a Water

Board

(a)	any works are constructed, extended or improved by the Minister or the Authority; or
(b)	any other work is carried out or caused to be carried out by the Minister or the Authority in advising, or providing designs for, a Water Board or in investigating, monitoring or testing water supplies for, or water supplied by, a Water Board,

the Minister or the Authority, as the case requires, may send to the Water Board a statement of account showing the cost of and incidental to those works or that work and require that such cost, or a specified part of such cost, be borne by the Water Board.

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(3) Where the Minister or the Authority sends to a Water Board a statement of account pursuant to subsection (2) and requires that the cost, or a specified part of the cost, of the matters referred to in that statement be borne by the Water Board

(a)

that cost, or that specified part of that cost, is payable by the Water Board in accordance with that require- ment; and

(b)

if the Water Board fails to pay that cost, or any part of that cost, within 30 days of being required to do so by the Minister or the Authority, as the case may be, the amount in question may be recovered in a court of competent jurisdiction from the Board by the Minister as a debt due by the Water Board to the Crown in right of the State or, as the case requires, by the Authority as a debt due by the Water Board to the Authority as agent of the Crown in right of the State. ".

Section 53

amended.

343. Section 53 of the principal Act is amended— (a) in subsection (1)-

(i)	by deleting "the Minister" and substituting the following-

" other than works the subject of a direction given by the Minister under section 51A, the Authority ";

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(ii) by deleting "his intention" and substituting the following-

" the Authority ";

intentions

the

and

(iii) by deleting "he may deem necessary" and substituting the following-

" the Authority deems necessary or as the Water Board may reasonably require "; and

(b) by adding the subsection following

(4) The Authority shall not carry out any works to which subsection (1) applies, until the Minister pursuant to subsection (3) has authorised the expenditure. ".

344. Section 54 of the principal Act is amended amended.. by inserting after "the Minister" the following-

" or the Authority, as the case requires, ".

Sections 57,

345. Sections 57, 62 and 62A of the principal Act are respectively amended	62 and 62A
amended.

(a)	in subsection (3), by deleting ", subject to the provisions of subsection (4) of this section,"; and

(b) by repealing subsection (4).

Section 72

346. Section 72 of the principal Act is amended

by deleting "Authority" and substituting the

following-

amended.

" Board ".

Section 76A

347. Section 76A of the principal Act is

amended.

amended

(a)	in the definition "gross rental value", by deleting "and";

No. 25.1 Acts Amendment and Repeal

[1985.

(Water Authorities).

(b)	in the definition "rating year", by deleting the full stop and substituting a semi-colon; and

If "unimproved value", in relation to

rateable land, means the unimproved value of that land in force under the Valuation of Land Act 1978. ".

Section 77

amended.

348. Section 77 of the principal Act is amended

(a)	by deleting "Whenever" and substituting the following-

" (1) Whenever

(b)	by deleting "Provided that the" and sub- stituting the following-

" (2) The ";

(c)	by deleting "rate book:" and substituting the following-

" rate book. "; and

(d)	by deleting "And provided further, that in" and substituting the following-

" (3) In ".

Section 79

amended.

349. Section 79 of the principal Act is amended

by deleting "in each" and substituting the

following-

" for each ".

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

350. Section 83 of the principal Act is amended =ZA•

by deleting "amended under section ninety-two or section ninety-three A of" and substituting the following-

" in a manner authorized pursuant to ".

351.

in subsection (3) by inserting, after "holding" at

the end of the subsection, the following-

Section 87 of the principal Act is amended =dner.

" and in relation to any land or holding or any piece or parcel thereof, that the classification set out in the ratebook pursuant to subsection (4) of section 92 is incorrect ".

352. are repealed and the following sections are rallaled

Sections 92, 92A and 93 of the principal Act 92AtIT:9932,

sections 92

substituted—

substituted.

and 93

92. (1) Subject to this section and section Land

93, a Water Board shall make and levy water Tiabtjeere,attos

rates in respect of all rateable land, whether actually occupied or not, and although the land may not be actually supplied with water.

(2) The basic water rate applicable to the

land

(a)	where the land is situated wholly or partly within 90 metres of any main or other pipe from which the Board is prepared to supply water, shall be assessed on the gross rental value of the land entered in the rate book as kept in accordance with subsection (1) of section 77 and computed in cents in the dollar; or
(b)	where the land (being only that part of the holding which is within a distance of 2.5 kilometres from the pipe) comprises a holding of country

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

land situated wholly or partly within 200 metres of any main or other pipe laid down by the Board from which the Board is prepared to supply water shall, subject to paragraph (b) of section 93 (2), be assessed and computed in cents per hectare by reference to the area entered in the rate book as kept in accordance with subsection (3) of section 77 to which shall be added a fixed charge of such amount not exceeding $10.00 as the Board determines,

but no land rated in any rating year by reference to the system of rating on the area or the unimproved value shall in the same rating year be rateable on the gross rental value.

(3) The water rate payable in respect of rateable land for each rating year shall be assessed on the basis of

(a)	the basic water rate applicable to that land; and
(b)	where the land is actually supplied with water by the Board, a charge calculated by reference to the quantity (other that any prescribed quantity which the owner or occupier is entitled to receive by way of allowance in respect of the basic water rate) of water supplied or agreed to be supplied by measure during the consumption year.

(4) For the purpose of making and levying the water rate and fixing the charges to be made for water supplied under this Act, a Water Board, subject to the approval of the Minister, may by notice published in the

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

Government Gazette and a newspaper usually circulating in the water area prescribed classes of rateable land by reference to the purposes for which water may be used or primarily used by owners or occupiers of land or holdings of country land, or any piece or parcel thereof, and may by entry in the rate book classify any such land or holding, or piece or parcel thereof, by reference to those prescribed classes.

(5) Subject to this Act, a water rate or charge for water supplied may be made

(a)	so as to vary by reference to a scale (whether calculated by graduated or cumulative increments by reference to the valuation, or otherwise);
(b)	so as to make separate or varied provisions in respect of any land or to have effect in a particular circum- stance or specified part of the water area;
(c)	so as to make different provision in relation to different classes of land or different kinds of land use or water use;
(d)	so as to take into account in relation to particular land or a particular class of case antecedent circum- stances, including the provision or sharing of existing works, the making of contributions towards the cost of works, and the effect of agreements entered into with the Board,

and may take into account the matters

referred to in section 99A.

No. 251 Acts Amendment and Repeal

[1985.

(Water Authorities).

(6) For the purpose of determining what rates shall be payable in respect of any rating year, the Water Board shall estimate as nearly as may be

(a)	the amount required to meet the expenses and commitments referred to in section 111 and to make pro- vision for amounts owing or antici- pated in respect of the matters referred to in section 51A or 52; and
(b)	the amount that is required to be obtained from rates in order that revenue shall be sufficient to cover that amount, due regard being had to the other revenues of the Board,

and shall calculate, and by resolution made pursuant to subsection (8) recommend to the Minister, a rate to be made and charges to be fixed accordingly, and any minimum basic water rate applicable.

(7) On request by the Minister, a Water Board shall forward to the Minister the estimates prepared for the purposes of any rating year pursuant to subsection (6) and furnish the Minister with such detail and information relating to those estimates and as to the proposed rates and charges recommended as the Minister may require.

(8) Recommendations as to the manner in which water rates and charges for water supplied or agreed to be supplied are proposed by the Water Board to be made applicable pursuant to this section shall be set out in a resolution of the Water Board and submitted to the Minister for approval, not later than one month after the beginning of the rating year, and on the Minister approving the resolution the Water Board shall, pursuant to section 94, cause a notice of the effect of the resolution to be published.

1985.1

Acts Amendment and Repeal [No. 25.

(Water Authorities).

93. (1) No rate or charge for water supplied Amount of

or agreed to be supplied shall be made or levied except in accordance with a resolution of the Water Board submitted to and approved by the Minister pursuant to section 92.

(2) Subject to this section, the basic water rate applicable to any land shall not exceed

(a)	in the case of land to which paragraph (a) of section 92 (2) applies-

(i) where the use classification under subsection (4) of section 92 is "domestic purposes"- 10 cents in the dollar on the gross rental value; and

(ii) in any other case—such other rate in the dollar, or such amount, as the Minister may in writing approve; or

(b)	in the case of land to which paragraph (b) of section 92 (2) applies-30 cents per hectare or 3 cents in the dollar on the unimproved value of the land, whichever is the lesser, together with the fixed charge referred to in that paragraph.

(3) Notwithstanding subparagraph (i) of subsection (2) (a), a Water Board may, with the approval of the Governor, and within such limit as the Governor may from time to time determine, make and levy in any year in relation to the land referred to in that subparagraph, a basic water rate not exceed- ing 15 cents in the dollar on the gross rental value.

No. 25.1 Acts Amendment and Repeal

[1985.

(Water Authorities).

(4) Where the basic water rate in respect of any land as assessed under subsection (2) of section 92 would yield less than an amount determined by the Minister by notice published in the Government Gazette, the Board may make and levy a minimum basic water rate in respect of that land not exceeding the amount so determined by the Minister, notwithstanding that if imposed under any other provisions of this Act the rate payable in respect of that land might have been less.

(5) Where, pursuant to an application in writing made to the Board and signed by two-thirds of the owners and occupiers of holdings of country land in an area defined in that application (the applicants being owners or occupiers or partly owners or partly occupiers of land comprising not less than one half of the land concerned), a pipe is laid down by the Board to supply water to the area the annual basic water rate applicable to land in that area may exceed the limitations imposed by this section but shall not exceed the limits specified in the application.

The Minister, by notice published in the Government Gazette, may determine the maximum amount of the basic water rate to be payable in respect of any land or holding, or any classification under subsection (4) of section 92, or in relation to any matter or circumstances therein specified, and where the basic water rate assessed and computed in accordance with this Act would yield an amount in excess of that computed in accordance with the notice so published

(6)

(a)	the basic water rate payable is fixed at the amount computed in accordance with the notice; and

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(b)	in respect to the rating year to which the notice applies, the assessment of basic water rate on land affected by the notice shall be deemed to have been amended accordingly,

and any such determination of an amount may be made by reference to a percentage of the basic water rate payable in respect of a rating year specified in the notice. ".

353. Section 94 of the principal Act is amended— 9legod/04

(a)	by deleting "Whenever any basic water rate is ordered" and substituting the following-

(1) When a resolution of the Water Board is approved by the Minister pursuant to subsection (8) of section 92, and a basic water rate in accord- ance with that resolution is to be ordered ";

(b)	by deleting "notice thereof" and sub- stituting the following

" notice of the basic water rate and a summary of the effect of the resolution approved by the Minister ";

(c)	by deleting "On" and substituting the following-

" (2) On "; and

(d)	by adding the subsection following

(3) The production of a copy of the Government Gazette containing a notice published pursuant to this section as to the making of rates and the fixing of charges shall in all courts

No. 25.1 Acts Amendment and Repeal

[1985.

(Water Authorities).

be conclusive evidence of the making of those rates and the fixing of those charges and its publication. ".

Section 96

repealed.	354.	Section 96 of the principal Act is repealed.
Section 99A

inserted.	355. The principal Act is amended by inserting, after section 99, the section following-
Discounts

and	99A. (1) A person who is liable to pay
additional

charges.

money due for water rates or for water

supplied by measure

(a)	may, if payment in full of the total amount due is made within such period or by such date as is prescribed for the purpose, be allowed a discount of such a kind as is prescribed;
(b)	may pay the amount due by instal- ments to the extent and in the manner provided for in the by-laws, but a person who chooses to pay by instalments an amount due may be required also to pay such additional charges as are prescribed; and
(c)	if he does not pay the money in full within the period or by the date when payment is due, shall, subject to paragraph (b), be liable to pay such penalties as are prescribed.

(2) Additional charges and penalties imposed under this section in respect of moneys due for water rates or for water supplied by measure shall be deemed to be part of the amount due for water rates or water supplied, as the case may be, for the purposes of the recovery provisions of this Act. ".

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

Section 110

356. by inserting after "Minister" the following-

Section 110 of the principal Act is amended

amended.

" or the Authority ".

357. Section 111 of the principal Act is It=leci.n

amended

(a)	by deleting "All" and substituting the following-

" (1) All ";

(b)	by deleting the paragraph designations "(1)" to "(4)" inclusive and substituting paragraph designations "(a)" to "(d)" respectively;
(c)	by deleting "works." at the end of the section and substituting the following--

works;

(e)	In the payment of any losses incurred in previous years;
(f)	In providing funds for the main- tenance of provision and reserve accounts. ";

and

(d) by adding the subsections following

L e

(2) A Water Board shall establish, and operate in its accounting records, provisions, reserve accounts and reserve funds for such purposes and within such limits as the Treasurer

requires or approves.

No. 251 Acts Amendment and Repeal

[1985.

(Water Authorities).

(3) Subject to the approval of the Minister moneys so set aside under subsection (2) of this section may be utilised-

(a)	as a contribution to the sinking fund in respect of any loan raised by the Water Board; or
(b)	for the construction, ex- tension or improvement of works. ".

Section 113

Section 113 of the principal Act is amended,

in subsection (1), by inserting after "Minister" the

following-

amended.

358.

" or the Authority ".

Section 141

amended.

359. Section 141 of the principal Act is amended

(a)	by inserting, after the paragraph desig- nated "(10)", the following paragraphs

Service	C' (10a) Providing service charges to be
charges.

paid by persons who are supplied with water but who are not liable for payment of water rates.

Discounts,

additional	(10b) Prescribing discounts, addi- tional charges, and penalties payable in respect of payments for water rates and charges for water supplied. ";
charges and
penalties.

(b)	by inserting, after the paragraph desig- nated "(20)", the following paragraph

Fees for

Cc (20a) Prescribing fees payable for

statements and meter readings.

the issue upon request of statements as to moneys due or paid for rates or for water supplied by measure under

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

this Act, prescribing fees for the reading of meters upon request, and making provision as to the recovery of such fees. ".

360.

by deleting "the Minister for Works or the Minister

for Mines" and substituting the following-

Section 161 of the principal Act is amended g.ggnodned.."

" the Minister of the Crown designated by him or the Authority ".

Conse-

361. 1918, No. 4 of 1919, is repealed.	(1) The Water Boards Act Amendment Act,	quential
repeals.

(2) The Water Boards Act Amendment Act, 1928, No. 26 of 1928, is repealed.

PART XI-WESTERN AUSTRALIAN WATER

RESOURCES COUNCIL ACT 1982.

362. Resources Council Act 1982 is referred to as the fcblaLa3s8

In this Part, the Western Australian Water 1Act ipal

principal Act.	Act No. 2 of
amended by
1984.

363. in subsection (4)—

Section 4 of the principal Act is amended ggended.

(a)	in paragraph (a), by deleting "Director of Engineering of the Public Works Department" and substituting the following-

" Managing Director of the Water Authority of Western Australia, established pursuant to the Water Authority Act 1984, "; and

No. 25.1 Acts Amendment and Repeal

[1985.

(Water Authorities).

(b)	in paragraph (b), by deleting "Managing Director of the Metropolitan Water Authority or a person nominated in writing by him" and substituting the following-

" Director of Water Resources of the Water Authority of Western Australia, established pursuant to the Water Authority Act 1984, ".

PART XII-FLUORIDATION OF PUBLIC WATER

SUPPLIES ACT 1966.

Principal

Act.	364. In this Part, the Fluoridation of Public
1966 as

Act No. 47 of	Water Supplies Act 1966 is referred to as the
amended by
Acts Nos. 63	principal Act.
of 1981 and 28 of 1984.
Section 5

amended.

365.

Section 5 of the principal Act is amended

in subsection (2)—

(a)	by deleting "seven" and substituting the following-

" 6 "; and

(b)	by deleting paragraphs (b) and (c) and substituting the following paragraph-

" (b) one shall be a person, being an engineer in the Water Authority of Western Australia, established pursuant to the Water Authority Act 1984, from time to time nominated by the Managing Director of that authority; ".

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

PART XIII-PUBLIC WORKS ACT 1902.

In this Part, the Public Works Act 1902 is Principal

366. Act.

referred to as the principal Act.

Reprinted

as approved

13 June 1978

and

amended by

Acts Nos. 67

23 of 1984.of 1979 and

367. Section 63 of the principal Act is amended =1,2

in paragraph (e) by deleting "overdraft accom- modation granted by the Commonwealth Trading Bank of Australia" and substituting the following-

" judgment debts as determined pursuant to

section 142 of the Supreme Court Act 1935 ".

368.

Sections 125 and 126 of the principal Act

gn23g8125

ede1/

are repealed.

repealed.

PART XIV-PENSIONERS (RATES REBATES AND

DEFERMENTS) ACT 1966.

Principal

In this Part, the Pensioners (Rates Rebates and Deferments) Act 1966 is referred to as the

Act.

Reprinted as

approved

principal Act.

22 October

amended by	1980 and
Acts Nos. 42	39 of 1934.of 1982 and

Section 10

369.

370.

Section 10 of the principal Act is amended (a) in subsection (1)-

amended.

(i) by deleting "the Water Boards Act 1904, as amended from time to time, and";

(ii) in paragraph (a), by deleting "Water Board or" where it twice occurs; and

(iii) in paragraph (b), by deleting "Water Board or"; and

(b)	in subsection (2), by deleting the definition of "Water Board".

No. 25.1 Acts Amendment and Repeal

[1985.

(Water Authorities).

Section 10A

inserted.

371. After section 10 of the principal Act the

following section is inserted-

Subsidy and

assistance to

" 10A. (1) In respect of rates or charges

levied pursuant to the Water Boards Act 1904,

the Treasurer of the State

Water Boards

(a)	shall pay to the Bunbury Water Board an amount equal to-

(i) the rebates allowed by that Board pursuant to this Act during the financial year ending 30 September 1985;

(ii) two-thirds of the rebates allowed by that Board pur- suant to this Act during the financial year ending 30 September 1986; and

(iii) one-third of the rebates allowed by that Board pur- suant to this Act during the financial year ending 30 September 1987;

(b)	shall pay to each of the Busselton Water Board and the Harvey Water Board an amount equal to

(1) the rebates allowed by each of those Boards respectively pur- suant to this Act during the financial year ending 31 December 1985;

(ii) two-thirds of the rebates allowed by each of those Boards respectively pursuant to this Act during the financial year ending 31 December 1986; and

(iii) one-third of the rebates allowed by each of those Boards respectively pursuant

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

to this Act during the financial year ending 31 December 1987; and

the Bunbury Water Board, in

(i)

respect of each of the financial years ending 30 September 1985, 30 September 1986 and 30 September 1987; and

(ii) each of the Busselton Water Board and the Harvey Water Board respectively in respect of each of the financial years ending 31 December 1985, 31 December 1986 and 31 December 1987.

(2) In subsection (1)—

"Bunbury Water Board" means the Bunbury Water Board constituted under the Water Boards Act 1904;

"Busselton Water Board" means the Busselton Water Board constituted under the Water Boards Act 1904;

and

"Harvey Water Board" means the Harvey Water Board constituted under the Water Boards Act 1904. ".

PART XV-PUBLIC AUTHORITIES (CONTRIBUTIONS)

ACT 1974.

Principal

372. In this Part, the Public Authorities

Act.

(Contributions) Act 1974 is referred to as the	Act No. 43
of 1974.
principal Act.

No. 25.1 Acts Amendment and Repeal

[1985.

(Water Authorities).

Section 2

substituted.

373. Section 2 of the principal Act is repealed

and the following section is substituted-

Interpreta-

tion.

2. In this Act

"financial year" means

(a)	in relation to a public authority referred to in paragraph (a), (b) or (c) of the definition of "public authority", the period of 12 months ending on 30 June;
(b)	in relation to the public authority referred to in para- graph (d) of the definition of "public authority", the period of 12 months ending on 30 September; and
(c)	in relation to a public authority referred to in para- graph (e) or (f) of the definition of "public auth- ority", the period of 12 months ending on 31 December;

"public authority" means

(a)	the State Energy Commission of Western Australia preserved and continued pursuant to the State Energy Commission Act 1979;
(b)	the Water Authority of Western Australia established pursuant to the Water Authority Act 1984;
(c)	the Fremantle Port Authority constituted under the Fremantle Port Authority Act

1902;

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(d)	the Bunbury Water Board constituted under the Water Boards Act 1904;
(e)	the Busselton Water Board constituted under the Water Boards Act 1904; and
(f)	the Harvey Water Board constituted under the Water Boards Act 1904. ".

374. Section 3 of the principal Act is amended— amended.

(a) by repealing subsection (1) and substitut- ing the subsections following

i t	(1) Subject to subsections (la), (lb) and (1c), there shall be transferred by each public authority to the Consolidated Revenue Fund during each financial year a contribution of an amount equal to 3 per cent of the total revenue of that authority for the last preceding financial year.
(la) Notwithstanding subsection (1), in respect of the financial year ending on 30 June 1985 the Water Authority of Western Australia

(a)

shall transfer to the Consoli- dated Revenue Fund during the financial year ending 30 June 1986 a contribution of an amount equal to 3 per cent of the total revenue of the Metropolitan Water Authority, as constituted pursuant to the Metropolitan Water Authority Act 1982 as in force prior to the coming into operation of Part 117 of the Acts Amend- ment and Repeal (Water Authorities) Act 1985, for the financial year ending 30 June 1985; but

No. 25.] Acts Amendment and Repeal

[1985.

(Water Authorities).

(b)	is not required to transfer any contribution in respect of the revenue of any other statutory authority, within the meaning of the Water Authority Act 1984, for the financial year ending 30 June 1985.

(lb) Notwithstanding subsection (1), the Bunbury Water Board shall transfer to the Consolidated Revenue Fund

(a)	during the financial year ending on 30 September 1986, a contribution of an amount equal to one per cent of the total revenue of that Board for the financial year ending 30 September 1985; and
(b)	during the financial year ending on 30 September 1987, a contribution of an amount equal to 2 per cent of the total revenue of that Board for the financial year ending 30 September 1986.

(1c) Notwithstanding subsection (1), the Busselton Water Board and the Harvey Water Board shall each transfer to the Consolidated Revenue Fund

(a)	during the financial year ending 31 December 1986, a contribution of an amount equal to one per cent of the total revenue of that Board for the financial year ending 31 December 1985; and

1985.]

Acts Amendment and Repeal [No. 25.

(Water Authorities).

(b)	during the financial year ending 31 December 1987, a contribution of an amount equal to 2 per cent of the total revenue of that Board for the financial year ending 31 December 1986. ";

(b)	in subsection (2), by inserting after "sub- section (1)" the following

ti , (la), lb) or (ic) "; and

(c)	in subsection (3), by deleting "subsection (1)" and substituting the following-

" subsections (1), (la), (lb) and

(ic) ".

PART XVI—REPEAL.

Scheduled

375. The Acts mentioned in Schedule 1 are repealed.	Acts
repealed.

SCHEDULE 1.

Acts repealed.

City of Perth Sanitation Act 1945.

Special License (Waroona Irrigation District) Act 1932.

Agricultural Areas, Great Southern Towns and Goldfields Water Supply Act 1947.

Coolgardie Goldfields Water Supply Construction Act 1898.