Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1976 (WA)

WESTERN AUSTRALIA.

METROPOLITAN WATER

SUPPLY, SEWERAGE, AND

DRAINAGE.

No. 83 of 1976.

AN ACT to amend the Metropolitan Water Supply, Sewerage, and Drainage Act, 1909-1975.

[Assented to 21st October, 1976.]

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:-

1. (1) This Act may be cited as the Metropolitan	Short title
and

Water Supply, Sewerage, and Drainage Act	citation.
Amendment Act, 1976.
(2) In this Act the Metropolitan Water Supply, Sewerage, and Drainage Act, 1909-1975 is referred	Reprinted
as
for
approved
to as the principal Act.	reprint
21st
November, 1969
(3) The principal Act as amended by this Act may be cited as the Metropolitan Water Supply,	and amended by
Acts Nos. 11
Sewerage, and Drainage Act, 1909-1976.	and 48 of
1970, 43 and
94 of 1972 and 24 of

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Commence-

(1) Subject to subsection (2) of this section the provisions of this Act shall come into operation on the date on which this Act receives the Royal Assent.

ment.

(2) Sections 6, 7, 8, 9, 10 and 11 of this Act shall come into operation on a date to be fixed by proclamation.

Section 3

Section 3 of the principal Act is amended by adding after the passage "PART VIIA.— METROPOLITAN MAIN DRAINAGE, ss. 71A-71E." the passage "PART VIIB.—CONTRIBUTIONS BY SUBDIVIDERS TOWARDS COSTS INCURRED BY OTHER SUBDIVIDERS OR BY THE BOARD, ss. 71F-71K.".

amended.

Section 16

repealed and

4. The principal Act is amended by repealing

re-enacted.	section 16 and re-enacting that section as follows-
Penalty for

diverting or	16. Any person who, without the authority
taking

water.

of the Board,

(a)	diverts, or causes the diversion of, water coming from any stream, water- course or other source within a water reserve or catchment area;
(b)	takes, or causes the taking of, any water found on or under land compris- ing a water reserve or catchment area;
(c)	does, or causes the doing of, any act that may diminish the quantity or injure the quality or purity of water coming from any stream, watercourse or other source within a water reserve or catchment area; or
(d)	alters, or causes the alteration of, the course of any stream or watercourse within a water reserve or catchment area,

commits an offence against this Act.

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Penalty: Not exceeding one hundred dollars for each day during which that water is so diverted or taken, or the quantity, quality or purity of that water is so reduced, or the course of that stream or watercourse is so altered. .

5. Section 17 of the principal Act is amended by Section 17

amended.

adding after the word "within" in line two of

subsection (1), the words "or under".

Section 20 of the principal Act is amended by deleting the passage commencing with the word "except" in line two and ending with the word "sections" in line six, and substituting the words "other than works consisting wholly of exempt works".	Section 20
amended.

7.	Section 22 of the principal Act is amended by	Section 22
amended.

adding after subsection (2) a subsection as follows

(3) Subject to section twenty-three B of this Act, where such an objection relates to provisions of the plans, sections or specifications relating to exempt works the Board may make such alterations, if any, to those provisions as it considers appropriate to meet the objection. .

S. Section 23 of the principal Act is amended	Section 23
amended.

(a)	by adding after the word "lodged" in line one of paragraph (d) the passage "have been met by alterations made pursuant to subsection (3) of section twenty-two of this Act or"; and
(b)	by deleting the words "and estimates" in the first line that follows paragraph (d), and substituting the passage "specifications and estimates, together with any such alterations,".

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Section 23.4

added.

9. The principal Act is amended by adding after

section 23 a section as folows-

Minor

departures	23A. Subject to section twenty-three B of
from plans,

etc.	this Act, in the course of constructing or providing works pursuant to an Order made under section twenty-three of this Act the Board may, in relation to any portion of those works that consists of exempt works, depart from any provision of the plans, sections and specifica- tions to such exent as it considers necessary or convenient in the circumtances. .
Section 23B

added.

10. The principal Act is amended by adding after

section 23 a section as follows-

Limitation

on altera-	23B. Nothing in subsection (3) of section twenty-two or in section twenty-three A of this Act authorises the Board to make any alteration to or departure from the plans, sections and specifications relating to a portion of any works if, as a result of that alteration or departure, that portion of the works would cease to be exempt works. .
tions to
Plans, etc.
Section 23C

added.

11. The principal Act is amended by adding

after section 23 a section as follows-

Governor

may	23C. In sections twenty, twenty-two,
exempt

certain	twenty-three A and twenty-three B of this Act
works.	"exempt works" means such reticulation or other minor works as the Governor declares, and is hereby authorised to declare, by Order to be exempt works for the purposes of those sections and sections twenty-one and twenty- three of this Act. .
Section 29

amended.

12. Subsection (3) of section 29 of the principal

Act is amended

(a)	by deleting the word "lower" in line one and substituting the passage "raise, lower or otherwise alter the position or alignment of"; and

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(b)	by deleting the words "or lower" in line three and substituting the passage ", lower or otherwise alter the position of".

13. Section 37 of the principal Act is amended amended .

by deleting the word "On" in line one, and substituting the passage "Subject to the provisions of Part VIIB of this Act, on".

14. The principal Act is amended by adding ,Tfir

after section 57E a section as follows-

57EA. The Board may take any water found Power to

under land within a Public Water Supply water.

Area. .

15.

The principal Act is amended by adding after lining

section

section 71E a heading and section as follows—

added. 7/F

PART VIIB.-CONTRIBUTIONS BY SUBDIVIDERS

TOWARDS COSTS INCURRED BY OTHER

SUBDIVIDERS OR BY THE BOARD.

Interpreta-

71F. (1) In this Part—

tion and

(a) "plan of subdivision" includes an 531:11?sa ltDifIDIPt'

amended plan of subdivision;

"planning condition" means a condition affixed under the provisions of Part III of the Town Planning and Development Act, 1928 to the granting of approval of a plan of subdivision;

"present cost" in relation to completed works referred to in an agreement entered into under section seventy-one G of this Act or in a notice served under section seventy-one H of this Act, means the cost that would have been incurred in providing those works if a contract for them had been

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let at the date of the agreement or at the date of the service of the notice, as the case may be;

"proclaimed date" means the date of the coming into operation of section sixteen of the Metropolitan Water Supply; Sewerage, and Drainage Act Amendment Act,

1976;

"Town Planning Board" means the Town Planning Board constituted under the Town Planning and Development Act, 1928;

(b)	a reference to the provision of works includes, as the case may require, a reference to the construction, extension, alteration or improvement of works.

(2) Notwithstanding anything to the contrary contained in section thirty-six or thirty-seven of this Act the provisions of this Part apply to and in relation to any land irrespective of whether or not that land is rated under this Act and whether or not that land is within the Area.

(3) The provisions of sections seventy-one G and seventy-one H of this Act are in addition to, and not in derogation of, the provisions of sections thirty-eight, forty-three and sixty-one A of this Act. .

Section 71G

added.

16. The principal Act is amended by adding

after section 71E a section as follows-

Board may

require	71G. (1) Where, on the submission of a plan
subdividers

to enter	of subdivision of any land for approval under
into
agreements	the provisions of Part III of the Town Planning
regarding
costs of	and Development Act, 1928, a planning condition
works.

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(in this section called "the condition") is imposed requiring any one or more of the following things, that is to say

(a)	the supply of water to that land by the Board;
(b)	the drainage of that land into the Board's sewers;
(c)	the drainage of that land into a metropolitan main drain,

and the Board considers that in order for the condition to be complied with it is necessary for the Board to provide works to serve that land, either alone or together with other lands, the Board may serve a notice on the person by whom that plan of subdivision was submitted requiring that the owner of that land, or a person authorised to enter into an agreement on his behalf, enter into an agreement with the Board under this section in relation to the provision of those works.

(2) Any agreement under this section between the Board and the owner of land or a person authorised to enter into an agreement on his behalf may inter alia provide that, in the event of the plan of subdivision of the land being approved under the provisions of the Town Planning and Development Act, 1928 and of the subdivision being proceeded with,

(a)	that owner, or person so authorised, shall pay to the Board the whole of-

(i) the cost of providing the works that are the subject of the agreement; and

(ii) the estimated cost of operating pumping stations, treatment plants and ancillary works for a period not exceeding five years,

or such part of those costs as the Board considers reasonable to be paid in respect of that land having regard to

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the benefit of those works to that land and to any other lands that will, in the opinion of the Board, be capable of being served by those works;

(b)	that owner, or person so authorised, shall pay to the Board an amount based on the area of that land and the proposed use to which that land is to be put and assessed by the Board to be a fair and reasonable contribution towards-

(i) where the condition relates to water supply, the cost of the Board's headworks and distribution systems;

(ii) where the condition relates to sewerage, the cost of the Board's outfall sewers and disposal system; and

(iii) where the condition relates to metropolitan main drainage, the cost of the Board's metropolitan main drainage systems;

(c)	that owner, or person so authorised, shall pay to the Board an amount or amounts assessed by the Board to be-

(i) a reasonable proportion of the cost of any works being or to be provided by the Board and paid for or to be paid for out of the funds of the Board;

(ii) a reasonable proportion of the present cost of the provision of completed works provided by the Board and paid for out of the funds of the Board,

which works are, or after they are provided will be, capable of being extended, altered or improved so as to

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be available and adequate to serve that land or part of that land for the purposes to which the condition relates;

(d)	that owner, or person so authorised, shall pay to the Board an amount or amounts assessed by the Board to be-

(i) a reasonable proportion of the cost of any works being or to be provided pursuant to an agreement under this Act between the Board and any other person whether entered into before or after the proclaimed date;

(ii) a reasonable proportion of the present cost of the provision of completed works provided pursuant to an agreement under this Act between the Board and any other person whether entered into before or after the proclaimed date,

which works are, or after they are provided will be, capable of being extended, altered or improved so as to be available and adequate to serve that land or part of that land for the purposes to which the condition relates; and

(e) such amount as is agreed upon shall be advanced to the Board by that owner, or person so authorised, towards any remaining part of the cost of providing the works specified in the agreement.

(3) Any agreement under this section may

also make provision for

(a)	the repayment of the whole or such part as may be agreed upon of an advance referred to in paragraph (e) of subsection (2) of this section; and

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(b)	security that may be lodged with the Board to secure a payment or advance referred to in paragraph (a), (b), (c), (d) or (e) of subsection (2) of this section.

(4) The provisions of section one hundred and twenty-eight of this Act do not apply to or in relation to any advance referred to in paragraph (e) of subsection (2) of this section.

(5) Where the Board is to provide works pursuant to an agreement under this section it may, notwithstanding the terms of the agreement, provide works involving greater expenditure than those specified in the agreement if the additional cost is borne by the Board.

(6) All works provided, or in the course of being provided, pursuant to an agreement under this section shall vest in and be the property of the Board. .

Section 71H

added.

17. The principal Act is amended by adding after

section 71E a section as follows-

Board may

require	7111. (1) Where, on the submission of a
subdividers

to	plan of subdivision of any land for approval
contribute
towards	under the provisions of Part III of the Town
costs of
existing or	Planning and Development Act, 1928, a
proposed
works.	planning condition (in this section called "the condition") has been imposed requiring any one or more of the following things, that is to say

(a)	the supply of water to that land by the Board;
(b)	the drainage of that land into the Board's sewers;
(c)	the drainage of that land into a metropolitan main drain,

1976.]

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the Board may serve a notice on the person by whom that plan of subdivision was submitted requiring that the owner of that land, or a person authorised to enter into an agreement on his behalf, enter into an agreement with the Board under this section.

(2) Any agreement under this section between the Board and the owner of land or a person authorised to enter into an agreement on his behalf may inter alia provide that, in the event of the plan of subdivision being approved under the provisions of the Town Planning and Development Act, 1928 and of the subdivision being proceeded with,—

(a)	that owner, or person so authorised, shall pay to the Board an amount based on the area of that land and the proposed use to which that land is to be put and assessed by the Board to be a fair and reasonable contribution towards

(i) where the condition relates to water supply, the cost of the Board's headworks and dis- tribution systems;

(ii) where the condition relates to sewerage, the cost of the Board's outfall sewers and disposal system; and

(iii) where the condition relates to metropolitan main drainage, the cost of the Board's metropolitan main drainage systems;

(b)	that owner, or person so authorised, shall pay to the Board an amount or amounts assessed by the Board to be-

(i) a reasonable proportion of the

cost of any works being or to

be provided by the Board and

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paid for or to be paid for out

of the funds of the Board;

(ii) a reasonable proportion of the present cost of the provision of completed works provided by the Board and paid for out of the funds of the Board,

which works are, or after they are provided will be, available and adequate to serve that land or part of that land for the purposes to which the condition relates;

(c)	that owner, or person so authorised, shall pay to the Board an amount or amounts assessed by the Board to be-

(i) a reasonable proportion of thecost of any works being or to

be provided pursuant to an agreement under this Act between the Board and any other person whether entered into before or after the proclaimed date;

which works are, or after they are provided will be, available and adequate to serve that land or part of that land for the purposes to which the condition relates.

(3) Any agreement under this section may also make provision for security that may be lodged with the Board to secure a payment referred to in paragraph (a), (b) or (c) of subsection (2) of this section. .

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18. The principal Act is amended by adding after nciteign 711

section 71E a section as follows-

711. (1) Where a notice has been served on a person under section seventy-one G or

Variation

and

rescission of

notices.

seventy-one H of this Act the Board

(a) may at its discretion; and

(b)	shall if so directed pursuant to subsection (2) of this section,

serve a further notice on that person varying

or rescinding the first-mentioned notice.

(2) The Minister may, on the application of a person on whom a notice has been served under section seventy-one G or seventy-one H of this Act, direct the Board to vary or rescind that notice. .

19. The principal Act is amended by adding

Section 713

added.

after section 71E a section as follows-

71J. Where the Board serves a notice under section seventy-one G, seventy-one H or

Copies of

notices to be

served on

Town

Planning

seventy-one I of this Act it shall forthwith

Board.

serve a copy of that notice on the Town

Planning Board. .

Section 71K

20. The principal Act is amended by adding after section 71E a section as follows-

added.

71K. (1) Where a person complies with the requirements of a notice served under section

Subdivision

not to be

approved

until notice

seventy-one G or seventy-one H of this Act the

complied

Board shall forthwith notify the Town Planning

with.

Board that those requirements have been

complied with.

(2) Notwithstanding any provision of the Town Planning and Development Act, 1928, where a copy of a notice served under section seventy-one G or seventy-one H of this Act has been served on the Town Planning Board under

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section seventy-one J of this Act and the planning condition that gave rise to the service of the notice has not been removed under the provisions of that Act, approval of the plan of subdivision of the land to which the notice relates shall not be granted or become effective under the provisions of that Act unless

(a)	the requirements of that notice have been complied with; or
(b)	that notice has been rescinded pursuant to section seventy-one I of this Act.

Nothing in subsection (2) of this section requires that approval of any plan of subdivision of land be granted under the provisions of the Town Planning and Development Act, 1928, or renders such approval effective, by reason only that the requirements of a notice served in relation to that land pursuant to section seventy-one G or seventy-one H of this Act have been complied with or that such a notice has been rescinded.

(3)

(4) Where a notice served under section seventy-one G or seventy-one H of this Act has been varied by the Board pursuant to section seventy-one I of this Act, a reference in this section to the requirements of that notice shall be read as a reference to the requirements of that notice as so varied.

Section 146

amended.

21. Section 146 of the principal Act is amended by adding after the word "within" in line two of paragraph (2) of subsection (1), the words "or under".