Country Towns Sewerage Act Amendment Act 1978 (WA)

WESTERN AUSTRALIA.

COUNTRY TOWNS SEWERAGE.

No. 96 of 1978.

AN ACT to amend the Country Towns Sewerage

Act, 1948-1977.

[Assented to 17th November, 1978.]

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:—

1. (1) This Act may be cited as the Country aviligktaeon.

Towns Sewerage Act Amendment Act, 1978.

(2) In this Act the Country Towns Sewerage Act, approved as

1948-1977, is referred to as the principal Act.

amended by	1139`P. July'
Acts Nos. 94

(3) The principal Act as amended by this Act may liarby

be cited as the Country Towns Sewerage Act, 1948- ireelfor

1976 and

1978.   15 of 1977.

No. 96.] Country Towns Sewerage. [1978.

Commence-

ment. 2. The provisions of this Act shall come into

operation on a day to be fixed by proclamation.

Section 11

amended. 3. Section 11 of the principal Act is amended

(a)	by deleting the passage "to maintain, alter, and repair, and" in lines two and three of subsection (1);
(b)	in line four of subsection (1), by inserting after the word "works" the passage ", and from time to time may maintain, improve, alter, and repair the same"; and
(c)	by repealing subsection (3) and substi- tuting the following subsections

The Minister may, at the request of a person or local authority and with the approval of the Governor, acquire from the person or local authority the whole or part of any sewerage works of that person or local authority and all or any property used in connection with those sewerage works on and subject to such terms and conditions as may be mutually agreed.

(3)

(4) The Minister shall cause notice of the fact of any acquisition made under subsection (3) of this section to be published in the Government Gazette.

(5)

As from the date of the publication referred to in subsection (4) of this section, the sewerage works and property concerned shall, by force of this sub- section and without any conveyance, transfer or assignment, be transferred to

1978.1 Country Towns Sewerage. [No. 96.

and vested in the Minister and shall be deemed to be works under and for the purposes of this Act.

(6) The Minister shall not undertake the construction of works pursuant to subsection (1) of this section, other than works consisting wholly of exempt works, unless he has complied with the requirements of sections twelve, thirteen and fifteen of this Act and the Governor has thereupon by Order in Council, a notice of which is published in the Government Gazette, authorised the construction of those works. .

section 12 and re-enacting that section as follows— re-enacted. 4. The principal Act is amended by repealing Mirl'eldInd

12. The Minister shall, before submitting ircloiggag°

proposals to the Governor for the construction u".

of works pursuant to subsection (1) of section

eleven of this Act, other than works consisting

wholly of exempt works

(a)	cause to be prepared plans of the proposed works, and cause the same, or certified copies thereof, to be deposited in the office of the Minister and in a convenient place within the sewerage area in which it is proposed to construct the works; and
(b)	cause an advertisement to be published in the Government Gazette, and in one or more newspapers generally circu- lating in the area, specifying-

(i)  a description of the proposed works;

(ii)    the localities in which they will be constructed;

No. 96.] Country Towns Sewerage. [1978.

(iii)   the purposes for which they are to be constructed; and

(iv)   the times when and places at which the plans may be inspected. .

Section 13

repealed and 5. The principal Act is amended by repealing

re-enacted.	section 13 and re-enacting that section as follows—
Plans open
moans

The plans so deposited shall be open to

inspection by any person interested at the

advertised times and places. .

inspection.

Sectin 15	o
repeal	ed and 6. The principal Act is amended by repealing

re-enacted.	section 15 and re-enacting that section as follows-
Submission

for approval.

15. (1) Where the Minister considers that the requirements of sections twelve and thirteen of this Act have been complied with and that the objections, if any, are, in the general public interest, not sufficient to cause the proposals to be amended, the Minister shall submit the proposals to the Governor and shall furnish to the Governor such plans, specifica- tions, estimates or other information as the Governor may require relating thereto.

(2) After considering the proposals sub- mitted to him the Governor may

(a)	make an Order in Council pursuant to subsection (6) of section eleven of this Act; or
(b)	decline to make such an Order. .

Section 15A

added. 7. The principal Act is amended by adding after

section 15 a section as follows-

Exempt works. 15A. For the purposes of this Part of this Act the Governor may from time to time by Order in Council declare that works of the

1978.] Country Towns Sewerage. [No. 96.

nature specified in that Order shall be exempt works not subject to the provisions of subsection(1) or (6) of section eleven or of section twelve,

thirteen, fourteen or fifteen of this Act notwithstanding that such works may form part of or be related to works comprised in proposals to which those provisions apply. .

8. The principal Act is amended by adding after g.:12a. 46A n

section 46 a section as follows-

46A. (1) A person or local authority (in this section called "the subdivider") who subdivides F ! L

E

or wishes to subdivide land, whether rateable land or not and whether or not situated within a sewerage area, into a lot or lots may in writing request the Minister to arrange for the lot or lots to be capable of being connected 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 including the financial contribution tosubject to such terms and conditions,

be made by the subdivider in respect of any sewerage works which benefit or will benefit the lot or all or any of the lots concerned, as may be mutually agreed; or

(b) refuse that request.

(3) Whenever the Minister complies with a

request made under subsection (1) of this

subsection (4) of this section, carry out,section, he may, subject to the provisions of

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

No. 96.] Country Towns Sewerage. [1978.

other than land of the subdivider, the Minister may exercise the power of construction con- ferred on him by subsection (3) of this section without complying with the requirements of sections eleven, twelve, thirteen and fifteen of this Act and it shall not be necessary for the Governor by Order in Council to authorise the construction of the sewerage works concerned under subsection (6) of section eleven of this Act. .

Section 72

amended. 9. Subsection (1) of section 72 of the principal Act is amended in the last line by deleting the word "water" and substituting the word "sewerage".