Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1968 (WA)

No. 14.] Metropolitan Water Supply, [1968.

Sewerage, and Drainage.

METROPOLITAN WATER

SUPPLY, SE GEy AND

DRAINAGE.

No. 14 of 1968.

AN ACT to amend the Metropolitan Water Supply,

Sewerage, and Drainage Act, 1909-1967.

[Assented to 8th October, 1968.]

RE 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:—

Short title

and citation. 1. (1) This Act may be cited as the Metro-

politan Water Supply, Sewerage, and Drainage

Act Amendment Act, 1968.

Vol. 18

Reprinted	(2) In this Act the Metropolitan Water Supply,
Acts

approved for	Sewerage, and Drainage Act, 1909-1967, is referred
reprint 17th
March, 1964	to as the principal Act.
as amended
by Acts
Nos. 113 of

1965 and (3) The principal Act as amended by this Act

14 of 1967.

may be cited as the Metropolitan Water Supply,

Sewerage, and Drainage Act, 1909-1968.

1968.] Metropolitan Water Supply, [No. 14.

Sewerage, and Drainage.

S. 69A added.

2. The principal Act is amended by adding after

section sixty-nine, a section as follows-

69A. (1) Without limiting the generality of 13=

paragraph (c) of subsection (2) of section eight ewe a etc. of this Act, the Board may purchase from a au 7,crkri local authority any sewers and works connected

with sewerage that have been constructed with money borrowed by the local authority under Division 2 or 3 of Part XXVI of the Local Government Act, 1960 and that are vested in it pursuant to section fifty-three of the Health Act, 1911.

(2) Any sewers and works connected with sewerage purchased by the Board from a local authority pursuant to this section

(a)	shall be acquired on such terms and conditions as the Board and the local authority, having regard to the terms and conditions upon which the money referred to in subsection (1) of this section was borrowed, agree upon and of which the Minister approves in writing;
(b)	shall vest in and be the property of the Board;
(c)	shall be subject to the provisions of this Act as though they had been constructed under the authority of this Act.

Amendment

3. Section seventy-one C of the principal Act is

to s. 710

(Metropoli-

amended

tan main

drains, power

(a)	by substituting for the passage, ", the local	of Board to
constitute).
authority" in line five of subsection (4) the passage, "or any person, local authority or that person";
(b)	by adding after the word, "drain" in line three of subsection (5), the words, "or part of any metropolitan main drain"; and

No. 14.] Metropolitan Water Supply, [1968.

Sewerage, and Drainage.

(c) by adding after the word, "drain" in line five of subsection (5), the passage, "or part of a metropolitan main drain, as the case requires".

Amendment

to s. 71E	4. Subsection (5) of section seventy-one E of (e) In addition to any penalty that may be imposed on a person for an offence under paragraph (d) of this subsection, the person shall also pay to the Board the amount of the expense incurred by the Board in repairing the damage to the metropolitan main drain caused by or arising out of the act that constituted the offence. .
(Local

drainage

the principal Act is amended by adding after

areas—

power of

paragraph (d) a paragraph, as follows

Board to

constitute).

S. 100A

added. 5. The principal Act is amended by adding after

section one hundred a section as follows-

Payment by

measure as	100A. Where
assessed in
certain

cases.

(a) an owner or occupier ceases to be the owner or occupier of land rated under this Act during a period in respect of which a rate is made;

(b)	neither the owner or occupier nor the succeeding owner or occupier complies with the provisions of section one hundred and forty-eight A of this Act; and
(c)	the whole of the water supplied by measure during the period to those owners or occupiers exceeds the pre- scribed quantity which is entitled to be received in respect of the rate,

the Board or any officer appointed by the Board may assess the amount of water in excess of that prescribed quantity that was consumed by each owner or occupier, and thereupon each

1968.] Metropolitan Water Supply, [No. 14.

Sewerage, and Drainage.

owner or occupier is liable to pay the prescribed charge in respect of the amount of water so assessed with respect to him. .

S. 105A

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

section one hundred and five a section as follows-

Apportion-

105A. Where an occupier or owner ceases ment of rates not

to be the occupier or owner of land in respect

to affect

entitlement

whereof a rate is made, before the end of the

to water in respect of

period in respect of which that rate is made

rates paid.

(a)	the prescribed quantity of water which is entitled to be received in respect of the rate is not apportionable between that occupier or owner and the succeeding occupier or owner in the manner in which the rate is apportionable pursuant to section one hundred and five of this Act; and
(b)	the succeeding occupier or owner is entitled to receive, in respect of the rate, the portion, if any, of that prescribed quantity of water, that has not been consumed when the change in occupancy or ownership takes place..

7. Paragraph (13) of section one hundred and tAourAment

forty-six of the principal Act is amended by Infislie may

deleting from line three the word, "paid". by-laws.