Acts Amendment (Country Water and Sewerage) Act 1982 (WA)
WESTERN AUSTRALIA.
ACTS AMENDMENT
(COUNTRY WATER AND
SEWERAGE).
No. 14 of 1982.
AN ACT to amend the Country Areas Water Supply
Act 1947-1981, the Water Boards Act 1904-1981
and the Country Towns Sewerage Act 1948-1981.
[Assented to 14 May 1982.]
BE it enacted by the Queen's Most ExcellentMajesty, 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.
1. This Act may be cited as the Acts Amendment Short title.
(Country Water and Sewerage) Act 1982.
2. The provisions of this Act shall come into Coemnmence-
operation on such day or days as is or are respec-
tively fixed by proclamation.
| No. 14.] | Acts Amendment (Country | [1982. |
Water and Sewerage).
PART II-COUNTRY AREAS WATER SUPPLY
ACT 1947-1981.
| Citation. | 3. | (1) In this Part, the Country Areas Water |
| Reprinted as | Supply Act 1947-1981 is referred to as the principal |
| approved 18 | |
| April 1980 | Act. |
| and amended by Acts |
| Nos. 75 of | (2) The principal Act as amended by this Act |
| 1980 and 63 |
| and 97 of | may be cited as the Country Areas Water Supply |
| 1981. | Act 1947-1982. |
| Section 5 |
| amended. | 4. | Section 5 of the principal Act is amended |
| (a) | in the definition of "catchment area", by deleting "in a country water area"; and |
| (b) | in the definition of "country water area", by deleting "other than the Metropolitan Area". |
Section 6
amended. 5. Section 6 of the principal Act is amended by
deleting "that part which" and substituting the
following
that the provisions of Division 1 of Part V, Part VI, and Part VII of this Act shall not apply and have effect in that part of the State which " .
Section 10
| amended. | 6. Section 10 of the principal Act is amended |
by
| (a) | inserting after the section designation "10." the subsection designation "(1)"; and |
(b) inserting the following subsections
(2) The Minister may, by notice published in the Gazette, declare any land in a country water area to be exempt from rates under this Act for a period not exceeding 2 years.
(3) The Minister may, by notice published in the Gazette, vary or revoke a notice published under sub- section (2) of this section. " .
| 1982.] | Acts Amendment (Country | [No. 14. |
Water and Sewerage).
7. Section 14 of the principal Act is amended in =LP.
subsection (1) by deleting "in any country water
area".
Section 15
8. Section 15 of the principal Act is amended— amended.
| (a) | in paragraph (a), by deleting "in which it is proposed to construct the" and substitut- ing the following- |
" which will benefit from the pro-
posed " ; and
| (b) | in paragraph (b) (ii), by deleting "the country water area in". |
Section 29
9. Section 29 of the principal Act is amended by amended.
deleting "and to the provisions of subsection (2) of the next preceding section," and substituting the following-
" and to sections 28 (2), and 35B " .
Section 33
| 10. Section 33 of the principal Act is amended— | amended. |
(a) in subsection (1),—
(i) by deleting "discontinue in any manner" and substituting the fol- lowing
" turn or cut off or reduce the available rate of flow of " ; and
(ii) by inserting after paragraph (d) the' following paragraph-
" (da) if a person or local auth- ority (being the owner or occupier of that land) fails to comply with the require-
| No. 14.] | Acts Amendment (Country | [1982. |
Water and Sewerage).
ments of, or his or its obligations under, section 35B; or " ;
and
| (b) | by repealing subsections (2) and (3) and substituting the following subsections |
C' (2) Turning or cutting off or reduc-
ing the available rate of flow of the supply of water shall be a cumulative remedy for enforcing payment of water rates or other moneys due and shall not relieve the owner or occupier from liability in respect thereof and the failure of the Minister to supply water where supply has been turned or cut off, or the available rate of flow has been reduced, for any of the reasons set out in subsection (1) of this section does not entitle any person to a rebate of rates under section 39 of this Act.
(3) Where under this section the Minister has turned or cut off or. reduced the available rate of flow of the supply of water to land, the Minister may, before restoring the water supply to the land
(a) require the payment of-
(i) such charges as may be prescribed in respect of the turning or cutting off or reduction of the water supply and the restoration of the water supply; or
(ii) such greater amount as in the opinion of the Minister approximates the actual cost of turn- ing or cutting off or reduction and the re- storation of the water supply,
| 1982.] | Acts Amendment (Country | [No. 14. |
Water and Sewerage).
as the Minister may in each
case specify; or
| (b) | require arrangements satis- factory to the Minister to be made for the payment of the amount specified under para- graph (a) of this subsec- tion. " . |
Section 35A
11.
| Section 35A of the principal Act is amended in paragraph (a) of subsection (2) by inserting before "water works" the following- | amended. |
" existing or proposed " .
12. After section 35A of the principal Act, the Leino5ncs 35B
| following sections are inserted— | inserted. |
C
35B. A person or local authority (in this Isupply on
section called "the developer") who proposes g717,1rent
to develop or redevelop land in any way that
will result in a demand for the supply of water
greater than that determined by the Minister
to be likely in the case of a single residence on
a lot in the area where the land is situate,
whether the land is rateable or not or within
a country water area or not, shall in writing
request the Minister to arrange for water to
be supplied to the land as so developed or
redeveloped to meet the increased demand
and before proceeding to undertake,
construct, or effect that development or re-
development shall comply with such terms
and conditions as the Minister may impose in
respect of the proposal, including the
financial contribution to be made by the
developer in respect of any existing or pro-
posed water works which benefit or will benefit
the developed or redeveloped land.
350. (1) There shall be established and kept in the Treasury an account to be known gatArrst
| as the "Country Water Supply Developers' ,t).1.1! | ost Fund. |
| Contributions Trust Fund". |
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Water and Sewerage).
(2) All moneys received from subdividers and developers by way of financial contribu- tions under sections 35A and 35B of this Act shall be paid to the credit of the Fund.
(3) Moneys held in the Fund may be expended by the Minister as he considers appropriate on the carrying out, construction, or provision of water works in any country water area.
The Fund shall be managed in accord-
ance with procedures approved by the
Treasurer. " .
(4)
Section 37
| amended. | 13. Section 37 of the principal Act is amended |
| (a) | in subsection (7), by deleting "shall" in both places where it occurs and substituting in each place the following- |
" may " ; and
| (b) | in subsection (8), by deleting "shall" and substituting the following- |
" may " .
Section 46A
| amended. | 14. Section 46A of the principal Act is amended in paragraph (h) by inserting after "Governor" the following- |
" or the Minister "
Section 63A
| amended. | 15. Section 63A of the principal Act is amended in subsection (2) by deleting "unoccupied rateable land" and substituting the following- |
" rateable land on which there is no build-
ing "
Section 65
| amended. | 16. Section 65 of the principal Act is amended in subsection (1) by inserting after "of the pre- scribed amount" the following- |
| " for each class of purpose " . |
| 1982.] | Acts Amendment (Country | [No. 14. |
Water and Sewerage).
17. Section 80 of the principal Act is repealed =22c182n d
| and the following section is substituted— | substituted. |
80. (1) A person who is liable to pay Escrunts
money due for water rates or for water tgtAn."
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 man- ner 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) | shall, subject to paragraph (b) of this subsection, if he does not pay the money in full within the period or by the date when payment is due, 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 sup- plied 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 Part of this Act. " .
Section 104
| 18. Section 104 of the principal Act is amended by deleting "rates of water supplied" and substitut- ing the following- | amended. |
| " rates or water supplied " . |
| No. 14.] | Acts Amendment (Country | [1982. |
Water and Sewerage).
| Section 10 | 5 |
| amende | d. | 19. Section 105 of the principal Act is amended in subsection (1)- |
| (a) | by inserting after paragraph (v) the follow- ing paragraph |
| Protection | C.0 (va) For the protection of the meter |
| of the meter |
| and fittings. | and fittings of the Minister from injury and enabling the Minister to recover from the owner or occupier of the land the cost of repairs resulting from injury or the cost of a missing meter. " ; |
and
| (b) | by inserting after paragraph (xxii) the following paragraph- |
Discounts,
| additional | (xxiia) Prescribing discounts, addi- tional charges, and penalties payable in respect of pay- ments for water rates and charges for water supplied. " . |
| charges and | |
| penalties. |
PART III—WATER BOARDS ACT 1904-1981.
| Citation. | 20. | (1) In this Part, the Water Boards Act 1904- |
| Reprinted as | ||
| approved 18 |
| August 1971 | 1981 is referred to as the principal Act. |
| and amended | |
| by Acts Nos. |
| 94 of 1972 | (2) The principal Act as amended by this Act may |
| (as amended |
| by No. 19 of | be cited as the Water Boards Act 1904-1982. |
| 1973). 51, 76 and 97 of 1979 and 631978, 44 a | |
| of 1981. | |
| Section 10A |
Section 10A of the principal Act is amended
in subsection (2) by deleting "five hundred" and sub-
stituting the following-
| amended, | 21. |
" one thousand " .
Section 59
| repealed and | 22. | Section 59 of the principal Act is repealed |
| substituted. | and the following section is substituted- |
| Meter | CC |
| records and | 59. (1) Whenever a meter is used |
| testing of |
| meters. | (a) | the quantity of water shown by the |
| index or register shall be taken | ||
| prima facie to be the quantity of |
| 1982.] | Acts Amendment (Country | [No. 14. |
Water and Sewerage).
water which has actually passed through the meter and has been supplied; and
| (b) | a certificate purporting to be signed by an officer of the Water Board stating the quantity so shown shall in any proceeding in which the quan- tity of water is in question, be prima facie evidence of the quantity of water supplied, |
but this subsection does not apply where the
meter is found not to be in proper order.
(2) The Water Board may at any time, and, where requested in writing by the person who will be liable to pay for water supplied through the meter, shall, cause a test of a meter to which subsection (1) of this section applies to be made by an officer of the Water Board or a person appointed by the Water Board.
(3) Where, pursuant to a request under subsection (2) of this section, the Water Board causes a meter to be tested and upon being so tested the meter is found to register not more than the quantity of water actually passed through it, the person upon whose request the test was made shall pay to the Water Board
| (a) | the amount of the prescribed meter testing fee; or |
| (b) | such greater amount as in the opinion of the Water Board approxi- mates the actual cost of testing the meter, |
as the Water Board may in each case specify.
(4) A meter shall be deemed not to be in proper order if
| (a) | on being tested or otherwise, the meter is found not to register within |
|
| No. 14.] | Acts Amendment (Country | [1982. |
Water and Sewerage).
| (b) | the meter is found by an officer of the Water Board to be so damaged or otherwise in such a condition that, in the opinion of that officer, the meter is likely to inaccurately show the quantity of water passing through it; |
or
| (c) | the register of the meter is found to be unreadable. |
(5) Where a meter through which water is supplied to land is found not to be in proper order the quantity of water supplied to the land through the meter may be assessed by the Water Board in such manner as may be prescribed and, unless the contrary is shown, the quantity of water so supplied shall be deemed to be as so assessed.
(6) Where, pursuant to a request under subsection (2) of this section, the Water Board causes a meter to be tested and upon being so tested the meter is found to register less than the quantity of water actually passed through it, the Water Board may, as an alternative to assessing the quantity of water supplied to the land through the meter, deem the quantity of water shown by the index or register of the meter to be the quantity of water which has actually passed through the meter and been supplied, and a certificate purporting to be signed by an officer of the Water Board stating the quan- tities so shown shall, in any proceedings in which the quantity of water is in question, be prima facie evidence of the matters stated.
(7) Where an account is submitted upon
the basis of an assessment, it shall be clearly
| 1982.] | Acts Amendment (Country | [No. 14. |
Water and Sewerage).
marked as such and the Water Board shall, upon request, give details of the basis upon which the assessment was made. " .
23. Section 60 of the principal Act is repealed Plgglield62.nd
| and the following section is substituted— | substituted. |
60. (1) The Water Board may turn or cut 'Nigro?
| off or reduce the available rate of flow of the from | unoccupied |
| water supply— | premises etc. |
| (a) | if the land to which water is supplied is unoccupied; or |
| (b) | when any rates or moneys due for water supplied, or agreed to be supplied, or any rent or charges for any meter or other fittings remain unpaid for 7 days after they become due; or |
| (c) | if the occupier refuses to permit a meter to be attached to any pipe on his land; or |
| (d) | if a person or local authority (being the owner or occupier of the land) fails to comply with the require- ments of, or his or its obligations under, section 62B; or |
| (e) | if the occupier commits or permits any breach of any of the provisions of this Act or the by-laws there- under. |
(2) Turning or cutting off or reducing the available rate of flow of the water shall be a cumulative remedy for enforcing payment of water rates or other moneys due, and shall not relieve the owner or occupier from liability
| in respect thereof. |
| No. 14.] | Acts Amendment (Country | [1982. |
Water and Sewerage).
(3) Where under this section the Water Board has turned or cut off or reduced the available rate of flow of the water supply to land, the Water Board may, before restoring the water supply to land, require payment of the amount of such charges as the Water Board may from time to time determine in respect of
| (a) | the turning or cutting off or the reduction; and |
| (b) | the restoration of the water supply. " . |
Section 62A
Section 62A of the principal Act is amended
in paragraph (a) of subsection (2) by inserting
before "works" the following-
| amended. | 24. |
" existing or proposed " .
Section 62B
After section 62A of the principal Act, the following section is inserted-
| inserted. | 25. |
Water supply
| on develop- | ({ 62B. A person or local authority (in this section called "the developer") who proposes to develop or redevelop land in any way that will result in a demand for the supply of water greater than that determined by the Water Board to be likely in the case of single residence on a lot in the area where the land is situate, whether the land is rateable or not or within the water area or not, shall in writ- ing request the Water Board to arrange for water to be supplied to the land as so deve- loped or redeveloped to meet the increased demand and before proceeding to undertake, construct, or effect that development or rede- velopment shall comply with such terms and conditions as the Water Board may impose in respect of the proposal, including the financial contribution to be made by the developer in respect of any existing or proposed water works which benefit or will benefit the developed or redeveloped land. " . |
| ment of land. |
| 1982.] | Acts Amendment (Country | [No. 14. |
Water and Sewerage).
PART IV-COUNTRY TOWNS SEWERAGE
ACT 1948-1981.
26. (1) In this Part the Country Towns Sewerage Ca ?pat as
| Act 1948-1981 is referred to as the principal Act. | March 1980 | |
| approved 11 | ||
| and amended | ||
| by Acts Nos. | ||
| ||
| (2) The principal Act as amended by this Act may be cited as the Country Towns Sewerage Act 1948- 1982. |
27. After section 23 of the principal Act, the =1,12. 3A
following section is inserted.
CC
23A. (1) The owner or occupier of land gi=gle
within a sewerage area not rated under this ra?fatliot
Act may in writing request the Minister to rated.
extend the sewerage works to enable the land
or part of the land to be capable of being con-
nected to a sewer of the Minister.
(2) On receiving a request made under subsection (1) of this section, the Minister may
| (a) | comply with that request on and subject to such terms and conditions as may be mutually agreed; or |
(b) refuse that request.
(3) Whenever the Minister complies with a request made under subsection (1) of this section, he may, subject to subsection (4) of this section, carry out, construct or provide all or any of the necessary sewerage works.
(4) If compliance with a request made under subsection (1) of this section does not involve the construction of sewerage works on land other than land of the person who made that request, the Minister may for that purpose exercise the powers conferred on him by subsection (3) of this section without com- plying with the requirements of sections 11, 12, 13 and 15 of this Act and it shall not be
| No. 14.] | Acts Amendment (Country | [1982. |
Water and Sewerage).
necessary for the Governor by Order in Council to authorise the construction of the sewerage works concerned under section 11 (6) of this Act. " .
Section 40
| amended. | 28. Section 40 of the principal Act is amended |
(a) in subsection (2)-
(i) by deleting "The Minister" where the expression first occurs and substitut- ing the following-
" Subject to section 46B (2), the
Minister " ; and
| (ii) | by deleting "forty" and substituting the following- |
" 1 000 " ;
and
| (b) | in subsection (4), by deleting "twenty" and substituting the following- |
" 500 " .
Section 46A
| amended. | 29. Section 46A of the principal Act is amended in paragraph (a) of subsection (2) by inserting before "sewerage works" the following- |
" existing or proposed " .
Sections 46B
| and 46C | 30. After section 46A of the principal Act, the |
| inserted. |
following sections are inserted
| Drainage on | ti |
| development | 46B. (1) A person or local authority (in this section called "the developer") who pro- poses to develop or redevelop land in any way that will result in the quantity of sewage dis- charged into a sewer of the Minister increas- ing to a level greater than that determined by the Minister to be likely in the case of a single residence on a lot, whether the land is rateable or not or within a sewerage area or not, shall in writing request the Minister to arrange for the increased quantity of sewage resulting from the development or |
| of land. |
| 1982.] | Acts Amendment (Country | [No. 14. |
Water and Sewerage).
redevelopment of the land to be received into a sewer of the Minister and before proceeding to undertake, construct, or effect the develop- ment or redevelopment shall comply with such terms and conditions as the Minister may impose in respect of the proposal, includ- ing the financial contribution to be made by the developer in respect of any existing or proposed sewerage works which benefit or will benefit the developed or redeveloped land.
(2) Notwithstanding the terms of subsec- tion (2) of section 40, the Minister shall not be obliged under that subsection to return a plan with his directions indorsed thereon where and for such period as an owner or occupier has failed or omitted to comply with the requirements of, or his or its obligations under, subsection (1) of this section.
46C. (1) There shall be established and Fgg igh-
kept in the Treasury an account to be known g=rs•
as the "Country Towns Sewerage Developers' Fund Trust
Contributions Trust Fund".
(2) All moneys received from subdividers and developers by way of financial contribu- tions under sections 46A and 46B of this Act shall be paid to the credit of the Fund.
(3) Moneys held in the Fund may be expended by the Minister as he considers appropriate on the construction or provision of sewerage works in any sewerage area.
(4) The Fund shall be managed in accordance with procedures approved by the Treasurer. " .
31. After section 66 of the principal Act, the F:ggeleA
following section is inSerted-
66A. (1) For the purpose of making and inliarter
levying the rate and fixing charges, the Min- tglgelbeef ister may from time to time prescribe classes purposes.
| No. 14.] | Acts Amendment (Country | [1982. |
Water and Sewerage).
of purposes for the use of land which is con- nected, or capable of connection, to a sewer and may by entry in the rate book classify land for those purposes.
(2) The Minister may at any time and from time to time by notice published in the Gazette vary or cancel any of the classes prescribed under subsection (1) of this section and may in addition to those classes prescribe a class of vacant land and classify as such any rateable land on which there is no build-
ing. " .
Section 68
| amended. | 32. Section 68 of the principal Act is amended |
| (a) | in subsection (2), by inserting after "prescribed amount" the following- |
" for each class of purpose " ; and
| (b) | by inserting after subsection (2) the follow- ing subsection |
(3) The Minister may from time to time by notice published in the Gazette
(a) determine by reference either
to-
(i) a specified amount; or
(ii) a percentage of the previous year's rate; or
(iii) a percentage of an amount equivalent to the previous year's rate as amended under sec- tion 72 (2) of this Act divided by the number of months used in assessing that rate and multiplied by twelve,
| 1982.] | Acts Amendment (Country | [No. 14. |
Water and Sewerage).
the maximum amount of the rate to be paid in respect of any land classified for the purposes of section 66A of this Act; and
(b) vary or revoke any notice pub- lished under paragraph (a) of this subsection. " .
33. After section 73 of the principal Act the fol- VggiTd7.3A
lowing section is inserted
| CC | 73A. (1) A person who is liable to pay Discounts | and addi- tional |
money due for rates or charges for sewerage charges.
or other services under this Act
| (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) | shall, subject to paragraph (b) of this subsection, if he does not pay the money in full within the period or by the date when payment is due, be liable to pay such penalties as are prescribed. |
(2) Additional charges and penalties imposed under this section in respect of moneys due for rates or charges shall be deemed to be part of the amount due for rates or charges, as the case may be, for the pur- poses of the recovery provisions of this Part of this Act. " .
| No. 14.] | Acts Amendment (Country | [1982. |
Water and Sewerage).
Section 102
| amended. | 34. Section 102 of the principal Act is amended by inserting after paragraph (22) the following paragraph- |
| " | (22a) Prescribing discounts, additional charges, and penalties payable in respect of payments for rates or charges for sewerage or other services under this Act. " . |
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