Metropolitan Water Supply, Sewerage, and Drainage Amendment Act 1982 (WA)
WESTERN AUSTRALIA.
METROPOLITAN WATER
SUPPLY, SEWERAGE, AND
DRAINAGE.
No. 37 of 1982.
AN ACT to amend the Metropolitan Water Supply, Sewerage, and Drainage Act 1909-1981.
[Assented to 27 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:—
| 1. (1) This Act may be cited as the Metropolitan Water Supply, Sewerage, and Drainage Amendment Act 1982. | Short title |
| and citation. | |
| (2) In this Act the Metropolitan Water Supply, Sewerage, and Drainage Act 1909-1981 is referred to as the principal Act. |
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
(3) The principal Act as amended by this Act may be cited as the Metropolitan Water Supply, Sewerage, and Drainage Act 1909-1982.
| Commence- ment. | 2. This Act shall come into operation on a day |
to be fixed by proclamation.
Long title
| amended. | 3. The long title of the principal Act is amended by deleting "establish the Metropolitan Water Supply, Sewerage, and Drainage Board; to". |
| Section 3 |
| amended. | 4. Section 3 of the principal Act is amended |
| (a) | in the reference to Part III, by deleting "ss. 8-121." and substituting the following- |
" s. 8. " ;
(b) by deleting the reference to Part VIIB;
(c) in the reference to Part VIII-
(i) by deleting "ss. 72-124" and sub- stituting the following-
" ss. 90-124A. " ;
(ii) by deleting the references to Divi- sions (1), (2), and (3); and
(iii) in the reference to Division (4) by deleting "ss. 90-97B." and substitut- ing the following-
" ss. 90-96. " ;
| (d) | in the reference to Part IX, by deleting "ss. 125-140" and substituting the following- |
" a 126 " ;
(e) by deleting the reference to Part X; and
(f) in the reference to Part XI by deleting "ss. 146-148." and substituting the following-
" ss. 146-147A. " .
| 1982.] | Metropolitan. Water Supply, | [No. 37. |
Sewerage, and Drainage.
5. Section 5 of the principal Act is amended— =I
|
CC
"Authority" means the body corporate known as the Metropolitan Water Authority, formerly known as the Metropolitan Water Supply, Sewerage, and Drainage Board, preserved and continued pursuant to section 8 of the Metropolitan Water Authority Act 1982; " ;
| (c) | by deleting the definition of "member"; |
| (d) | by deleting the definition of "owner" and substituting the following definition- |
" "owner" has the same meaning as it has in and for the purposes of Part IV of the Metropolitan Water Authority Act 1982; " ;
| (e) | by inserting after the definition "pollution area" the following definition |
CC
"rate" means a rate made pursuant to the Metropolitan Water Authority Act 1982 or this Act, as the case may require; " ;
| (f) | in the definition of "ratepayer", by deleting "books of the Board" and substituting the following- |
" rating records of the Authority; " ;
| (g) | by deleting the definition of "the Board" and substituting the following definition |
CC
"the former Board" means the Metropolitan Water Supply, Sewerage, and Drainage Board established under this Act as in force prior to the coming into operation of the Metropolitan
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
Water Supply, Sewerage, and Drainage Amendment Act 1982; " ;
| (h) | by deleting the definition of "the Chairman"; |
(i) by deleting the definition of "the Commissioner"; and
| (j) | by inserting after subsection (1) the following subsections |
(2) A reference in sections 37, 38, 43, 61 or 61A of this Act to an occupier shall be construed as a reference to that occupier acting with the consent of the owner.
(3) The provisions of this Act are incorporated with, and may be read as one with, the Metropolitan Water Authority Act 1982, and a reference in Parts I, II, IV, V, VI, VII, VIIA, VIII, XI or XII to "this Act" shall be read as including a reference to that Act.
(4) A reference, however expressed, in this Act to "the Metropolitan Water Supply, Sewerage, and Drainage Board" or "the Board" shall, unless the context requires otherwise, be read and construed as a reference to the Authority. "
Part III
| substituted. | 6. Part III of the principal Act, comprising the heading and sections 8 to 121 inclusive, is repealed and the following Part is substituted |
PART III.-ADMINISTRATION.
Authority. 8. Subject to the provisions of the Metro-
politan Water Authority Act 1982, this Act shall
be administered by the Authority. " .
| 1982.1 | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
| 7. Part VIIB of the principal Act, comprising the Yea?: arelaB | . |
heading and sections 71F to 71L inclusive, is
repealed.
| repealing the headings to Divisions (1), (2) and (3) i | 8. Part VIII of the principal Act is amended by 8718(12o)nasnd |
| sections 72 to 89A inclusive. | epee | ea/ed. |
9. Section 90 of the principal Act is amended— gggodnee
(a) by deleting subsection (1);
|
" Authority " ;
| (c) | in subsection (2), by inserting after "may" the following- |
" , pursuant to the Metropolitan Water Authority Act 1982, " ;
| (d) | in subsection (4) by deleting "Notwith- standing anything to the contrary in this Act the" and substituting the following- |
" The "
| (e) | in subsection (4), by deleting "elsewhere in this Act" and substituting the following- |
" in the Metropolitan Water Authority Act 1982 " ; and
| (f) | by deleting subsections (5) and (6). |
| 10. Sections 91, 92 and 93 of the principal Act =Il | i odn13" |
| are repealed. | repealed. |
| 11. Section 94 of the principal Act is amended | Section 94amended. |
| (a) | by deleting "Board", wherever occurring, and substituting the following- |
" Authority " ;
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
(b) by repealing subsection (2) and substituting the following subsection
C'
(2) The Authority may by by-law
prescribe, and may impose and levy
| (a) | a rate of a minimum amount; and |
| (b) | a rate not exceeding a maxi- mum amount, |
which shall be payable in relation to any land instead of the rate that would otherwise be payable pursuant to the Metropolitan Water Authority Act 1982 or section 90 of this Act where the provisions of that by-law apply, and any such by-law may be made so as to have effect in a particular circumstance or specified part of the Area and so as to make different provision in relation to different classes of land or different kinds of land use, and the provisions of subsection (1) of this section do not apply in any such case. " ;
(c) in subsection (3)-
(i) by deleting "rate book", wherever occurring and substituting the following-
| )) | ; |
" rating records
(ii) by deleting "annual rates" and substituting the following
IC
other rates imposed pursuant to the Metropolitan Water Auth- ority Act 1982 or section 90 of this Act " ;
| (d) | by repealing subsection (4) and substitut- ing the following subsection |
CC
(4) Subject to subsection (5) of this section, where the amount that would but for this subsection be payable, (otherwise than in respect of a
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
supplemental rate imposed pursuant to subsection (3) of this section), in relation to any separately assessed rateable land is calculated on the basis of the land rated in respect of
| (a) | water rate (except in so far as it is based on a price deter- mined by reference to the quantity measured, or a prescribed charge not deter- mined by reference to the rateable value); |
(b) sewerage rate; or
| (c) | metropolitan main drainage rate, |
and exceeds the prescribed minimum rate, if any, applicable, then a person shall not be liable to pay and the Authority, notwithstanding the provi- sions of the Metropolitan Water Authority Act 1982, shall not levy in any period of 12 months commencing from 1 July an amount in respect of a rate of the like kind that is more than the prescribed amount or an amount which is 40% as much again as the amount payable on the like basis in respect of that rate as it applied in relation to the immediately preceding period of 12 months, whichever is the lesser amount, and the assessment of rates payable on that land for that period shall be deemed to have been amended accordingly. " ; and
(e) by repealing subsection (5) and substitut- ing the following subsection
t<
(5) Subsection (4) of this section
does not apply where, or does not apply
in so far as, any increase in the
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
amount payable is attributable in any
12 month period to
| (a) | a change in the basis of charging arising, after 30 June 1980, by reason of a change in the use of the land, the operation of section 96 of this Act, or the provision by or on behalf of the Authority of new or additional services to the land; or |
| (b) | an interim valuation reflect- ing development or a change of use adopted pursuant to subsection (4) of section 41 of the Metropolitan Water Authority Act 1982, |
and in determining whether any amount or any portion of any amount is or is not payable on the like basis to that applicable in relation to the immediately preceding period of 12 months regard shall be had to any apportionment or consolidation, and to any variation of any valuation or of the basis of any assessment, made subsequent to that period in relation to the land or any relevant part of the land, so as to ascertain in so far as is practicable the amount that was payable, or that would have been payable had the apportionment or other circumstances not altered, so as to enable a valid comparison to be made. " .
| Sections | 95, | 12. Sections 95, and 97 to 97B inclusive, of the |
and 7 to 97B repealed. principal Act are repealed.
Section 98
| repealed. | 13. Section 98 of the principal Act is repealed. |
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
14. Section 100 of the principal Act is amended Tgg,Te,10.0
by deleting "rated under this Act" and substituting
the following-
" in relation to which a water rate is imposed by the Authority " .
Section 100A
| 15. Section 100A of the principal Act is | amended. |
amended
| (a) | in paragraph (a), by deleting "rated under this Act" and substituting the following- |
" in relation to which a rate is imposed by the Authority " ; and
| (b) | by deleting "Board", wherever occurring, and substituting the following- |
" Authority "
16. Section 101 of the principal Act is amended amended 1
by deleting "Board" and substituting the following-
" Authority " .
Section 102
| 17. Section 102 of the principal Act is repealed. | repealed. |
| 18. Section 103 of the principal Act is amended— Section 103 | amended. |
(a) in subsection (1)-
(i) by deleting "levied under this Act" and substituting the following-
" made, by the Authority " ;
(ii) by deleting "shall be payable, in the first instance," and substituting the following-
" is payable to the Authority " ;
| (iii) | by deleting "occupier" and substitut- ing the following- |
" owner " ; and
(iv) by deleting "charge is levied" and substituting the following-
" charge is made " ;
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
(b) in subsection (2)—
| (i) | by deleting "also" and substituting the following- |
" instead in the first instance " ;
| (ii) | by deleting "Board" and substitut- ing the following- |
" Authority " ;
| (iii) | by deleting "owner" and substituting the following- |
" occupier " ; and
(iv) by deleting "charge is levied" and substituting the following-
" charge is made " ;
| (c) | in subsection (3), by deleting "Provided that, except where" and substituting the following- |
" Unless " ; and
(d) by adding a new subsection as follows
'C (4) Except where a special agree-
ment to the contrary otherwise provides, the provisions of subsection (3) of this section do not derogate from section 155 of this Act. " .
Section 104
| amended. | 19. Section 104 of the principal Act is amended by deleting "thereon under" and substituting the following |
ft in relation to that land and due to the
Authority pursuant to the Metropolitan
Water Authority Act 1982, " .
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
Section 105
| 20. Section 105 of the principal Act is amended | amended. |
| (a) | by deleting "occupier or owner", wherever occurring, and substituting the following- |
" owner or occupier " ; and
(b) in subsection (2)-
(i) by deleting "But the rate in respect of such land" and substituting the following-
C C
Notwithstanding subsection (1) of this section, a rate levied in respect of any land in relation to which there has been a change in ownership or occupation during the rating year " ; and
(ii) by deleting "occupation or owner- ship" and substituting the following-
" ownership or occupation
21. Section 105A of the principal Act is Sigetiliotec105A
amended
| (a) | by deleting "occupier or owner", wherever occurring, and substituting the following- |
" owner or occupier " ; and
| (b) | by deleting "occupation or ownership" and substituting the following- |
" ownership or occupation "
22. Section 106 of the principal Act is amended =liodecr
by deleting "under the provisions of this Act to"
and substituting the following-
" for " .
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
Section 107
| amended. | 23. Section 107 of the principal Act is amended |
| (a) | by deleting "When any rates" and substit- uting the following- |
" Where any rates, moneys due for water supplied or prescribed charges made by the Authority, " ;
| (b) | by deleting "a period of twelve months" and substituting the following- |
" the period prescribed by the by-laws in relation thereto " ;
| (c) | by deleting "such rates" and substituting the following- |
" the amount then unpaid " ;
| (d) | by deleting "interest at the rate of five per centum per annum, calculated at simple interest" and substituting the following- |
if interest at the rate and in the manner
prescribed in the by-laws " ; and
| (e) | by deleting "under the provisions of this Act" . |
Section 108
| substituted. | 24. Section 108 of the principal Act is repealed |
and the following section substituted
| Discounts, | if |
| additional | 108.(1) By-laws made by the Authority may |
| charges, and |
| methods of | make provision in relation to any rate, moneys |
| payment. | due for water supplied, or prescribed charges, or any instalment thereof for |
| (a) | discount to be allowed by the Auth- ority where payment is made within the time prescribed; |
| (b) | the due date of payment, and as to the times at which payment may be made (whether by instalments, on a deferred basis, or otherwise), the manner of payment required and as to the methods by which payment may be made; |
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
the imposition of further interest or
| (c) | an additional charge, payable and recoverable as though it were a rate lawfully levied by the Authority, in respect of amounts due to the Auth- ority of which payment is not made, or is deferred beyond the due date, (additional to interest calculated in accordance with section 107 of this Act) and calculated by the Authority having regard to the additional cost of finance and administration occasioned by the failure to pay by the due date. |
(2) The Authority is authorised at discretion to waive or reduce any interest or additional charge imposed in relation to the payment of an account, where the Authority is satisfied that there is proper cause so to do. " .
Section 109
| 25. by deleting "levied under this Act" and substituting the following- | Section 109 of the principal Act is amended | amended. |
" made by, or interest due to, the Authority " .
26. Section 110 of the principal Act is amended— ggrea1.0
| (a) | by deleting "rate, the rate book, duly signed and initialled by the Board," and substituting the following |
rate, or moneys due for water supplied or prescribed charges made by, or interest due to, the Authority, calcu- lated by reference to any valuation or rate, the rating records verified by an officer of the Authority " ;
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
| (b) | by deleting "such book and of the due striking of such rate" and substituting the following |
i<
the rating records and of the due striking and making of a rate in accord- ance with the valuation shown " ;
| (c) | by deleting "payable in respect of such rate" and substituting the following- |
" calculated by reference to the information specified in the rating records " ; and
| (d) | by deleting "provisions of this Act" and substituting the following- |
" requirements as to the striking or making of the rate or the determination of the valuation " .
Section 111
| repealed. | 27. Section 111 of the principal Act is repealed. |
| Section 112 | |
| amended. | 28. Section 112 of the principal Act is amended |
| (a) | by inserting before "this Part" the following |
the Metropolitan Water Authority Act
1982 and of " ;
| (b) | by deleting the passage commencing "and the Board" and ending "1978, "; and |
| (c) | by inserting after "in accordance with" the following- |
" the Metropolitan Water Authority Act 1982 and " .
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
Section 113
| 29. Section 113 of the principal Act is amended | amended. |
| (a) | by deleting the passage commencing "accrued thereon" and ending "commence- ment of this Act" and substituting the following- |
" or interest or moneys due for water supplied owing to the Authority or the former Board have " ; and
| (b) | by deleting "Board", wherever occurring, and substituting the following- |
" Authority " .
Section 114
| 30. Section 114 of the principal Act is amended by deleting "Board" wherever occurring and sub- stituting the following- | amended. |
" Authority " .
Section 115
| 31. Section 115 of the principal Act is amended | amended. |
| (a) | by deleting "by the Board", wherever occur- ring, and substituting the following- |
" by the former Board or the Authority " ;
| (b) | by deleting "at the rate of five per centum per annum, calculated at simple interest" and substituting the following- |
" at the prescribed rate " ;
| (c) | by deleting "the Board shall" and substit- uting the following- |
" the Authority shall " ; and
| (d) | by deleting "If the Board makes" and substituting the following- |
" Should the Authority make "
| 32. Sections 116 and 117 of the principal Act are amended by deleting "Board", wherever occurring, amended. and substituting the following- | s 116 |
" Authority " .
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
Section 118
| amended. | 33. Section 118 of the principal Act is amended |
| (a) | by deleting the passage commencing "accrued thereon" and ending "commence- ment of this Act," and substituting the following |
'C or prescribed charges or interest or
moneys due for water supplied owing to the Authority or the former Board have "
by deleting "Board", wherever occurring,
and substituting the following-
" Authority " ; and
by deleting "interest thereon" and sub-
stituting the following-
" other moneys " .
Section 119
| amended. | 34. Section 119 of the principal Act is amended |
| (a) | by deleting "at the rate of five per centum per annum,"; and |
| (b) | by deleting "on the land" and substituting the following- |
" to the Authority "
Sections 120
| and 121 | 35. Sections 120 and 121 of the principal Act are amended by deleting "Board", wherever occurring, and substituting the following- |
| amended. |
" Authority " .
Section 124A
| amended. | 36. Section 124A of the principal Act is |
amended
| (a) | by deleting "levied under this Act" and substituting the following- |
" made by, or interest accrued to, the Authority " ;
| (b) | by deleting "Board", wherever occurring, and substituting the following- |
" Authority " ; and
| (c) | in subsection (3), by deleting "Commis- sioner" and substituting the following- |
" Managing Director " .
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
| 37. (1) Part IX of the principal Act, except the ItrfLifd in | part, and |
| heading and section 126, is repealed. | section 126 amended. |
(2) Section 126 of the principal Act is amended
| (a) | in paragraph (a) of subsection (1), by deleting "Board" and substituting the following- |
" the former Board " ; and
| (b) | in subsections (2) and (3), by deleting "Board" and substituting the following- |
" Authority " .
38. Part X of the principal Act, comprising the 1epea eed.
heading and sections 141 to 145 inclusive, is
repealed.
39. Section 146 (1) of the principal Act is 2getlfa.6
amended
| (a) |
by deleting "Board" wherever occurring, " Authority " ;
| (b) | in paragraph (12), by deleting "supple- mented" and substituting the following- |
" supplemental " ;
| (c) | by inserting after paragraph (25) the following paragraph |
(25a) Prescribing the fees, charges and rates of interest payable to the Authority, the matters in relation to which fees, charges or other moneys shall be payable, making provision for the refund or remission of any fees, charges or other moneys and for the giving of discount, and as to the periods of time to be applicable in specified circumstances. " ; and
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
(d) in paragraph (26a)—
(i) by deleting "under Part IX of this Act," and substituting the following-
" by the Authority or the former
Board, " ;
(ii) by deleting "under that Part," and substituting the following-
" thereby, " ; and
| (iii) | by deleting "not inconsistent with the provisions of this Act". |
Section 146A
| amended. | 40. Section 146A of the principal Act is amended by deleting "Board" and substituting the following- |
" Authority or the former Board " .
Section 147
| amended. | 41. Section 147 of the principal Act is |
amended
| (a) | by deleting "Board", where twice occurring, and substituting in each case the following-- |
Authority or the former Board
| (b) | by deleting "one hundred dollars" and substituting the following- |
" $200 " ; and
| (c) | by deleting "ten dollars" and substituting the following- |
" $20 " .
Section 147A
| amended. | 42. Section 147A of the principal Act is |
amended
| (a) | in subsection (1), by deleting "confers on the Board" and substituting the following- |
" confers on the Authority or conferred on the former Board " ; and
| (b) | in subsection (2), by deleting "Board", wherever occurring, and substituting the following- |
" Authority " .
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
| 43. Section 148A of the principal Act is Section 148A | amended. |
amended
| (a) | by deleting "Where, after the coming into operation of the Metropolitan Water Supply, Sewerage and Drainage Act Amendment Act, 1967, a person —" and substituting the following |
" A person who — "
| (b) | by deleting "land rateable under this Act, he" and substituting the following- |
" land in relation to which a rate is imposed by the Authority " ; and
| (c) | by deleting "Board" and substituting the following- |
" Authority " .
Section 150
| 44. Section 150 of the principal Act is amended | amended. |
| (a) | by deleting subsections (1), (2) and (4) ; and |
(b) in subsection (3)-
| (i) | by deleting the subsection designa- tion "(3)"; |
(ii) by deleting "under this Act" and substituting the following
| t i | on behalf of the Authority, whether under the Metropolitan Water Authority Act 1982 or this Act, " ; |
| (iii) | by deleting "Board" and substituting the following- |
" Authority " ; and
(iv) by deleting "usually circulating in the District" and substituting the following-
" circulating generally in the Area " .
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
Section 151
| amended. | 45. Section 151 of the principal Act is amended |
by inserting after "demands" the following-
" by or on behalf of the Authority " .
Section 152
| repealed. | 46. Section 152 of the principal Act is repealed. |
| New section | |
| 152 inserted. | 47. The principal Act is amended by inserting |
after section 151 the new section following-
Rights of
| occupiers. | 152. (1) Where an occupier of land is |
required to pay or pays rates imposed by the Authority on any portion of that land as an ascertainable component of, or in addition to, the rent for the land, the owner of the land shall furnish to the occupier full particulars of the aggregate assessment made in relation to the land and of any apportionment of that assessment, including the basis upon which the apportionment was calculated.
(2) Any determination by the owner of any
land as to the liability to pay rates to the Authority, or to refund rates paid or contri- bute to rates payable to the Authority, as between himself and any occupier, or as between occupiers, of that land, shall be apportioned upon an equitable basis, and any person aggrieved by the determination may, within the period of 3 years following the coming into operation of the Metropolitan Water Supply, Sewerage, and Drainage Amendment Act 1982, refer the determination, by notice in writing, to the Authority and the Authority may thereupon review, and if the Authority thinks fit, vary the apportionment and, by notice in writing, give notice of the apportionment as so varied to the owner and any occupier affected, and effect shall be given to the apportionment as so varied.
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
(3) Where an apportionment is varied by the Authority pursuant to subsection (2), a person who has paid any amount pursuant to the apportionment determined by the owner before it was so varied may recover that amount.
In the absence of special agreement to the contrary, an occupier may pay rates on behalf of the owner, but where any discount or rebate is received by an owner or occupier in relation to rates imposed by the Authority, and those rates are recoverable from any other person the benefit of that discount or rebate shall be passed on to the person from whom the rates are recovered.
(4)
(5) In this section a reference to "rates" includes a reference to moneys due for water supplied or prescribed charges made by the Authority. " .
| 48. by deleting "this Act or the by-laws" and substituting the following- | Section 155 of the principal Act is amended =1%1.55 |
" the Metropolitan Water Authority Act 1982 or this Act or by-laws made pursuant to either of those Acts " .
Section 156
49. Section 156 of the principal Act is amended— amended.
| (a) | by deleting "Board", wherever occurring, and substituting the following- |
" Authority " ; and
| (b) | by deleting "this Act or any by-law made thereunder, shall be liable to a penalty not exceeding eighty dollars." and substituting the following |
ti
the Metropolitan Water Authority Act 1982 or this Act or any by-law made pursuant to either of those Acts commits an offence.
| Penalty: $500. " . |
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
Section 157
| amended. | 50. Section 157 of the principal Act is amended |
| (a) | by deleting "Board" and substituting the following- |
" Authority " ; and
| (b) | by deleting "this Act, shall be guilty of a misdemeanour, and shall be liable to a penalty not exceeding four hundred dollars, and to be imprisoned for any period not exceeding twelve months." and substituting the following- |
the Metropolitan Water Authority Act 1982 or this Act or by-laws made pursuant to either of those Acts commits an offence.
Penalty: $1 000. " .
Section 158
| amended. | 51. Section 158 of the principal Act is amended |
| (a) | by deleting "Board" and substituting the following- |
" Authority " ; and
| (b) | by deleting "this Act or any by-law there- under" and substituting the following- |
" the Metropolitan Water Authority Act
1982 or this Act or any by-law made
pursuant to either of those Acts " .
Section 158A
| amended. | 52. Section 158A of the principal Act is |
amended
| (a) | by deleting "this Act" and substituting the following- |
" the Metropolitan Water Authority Act 1982 or this Act or any by-law made pursuant to either of those Acts " ; and
| 1982.] | Metropolitan Water Supply, | [No. 37. |
Sewerage, and Drainage.
| (b) | by deleting "one hundred dollars" and substituting the following- |
" $200 and if the offence is a continuing
one to a further fine not exceeding
$20 for every day or part of a day
during which the offence has
continued " .
53. Section 159 of the principal Act is amended— learier
| (a) | by deleting "this Act, or any by-law made thereunder," and substituting the following- |
" the Metropolitan Water Authority Act
1982 or this Act or any by-law made
pursuant to either of those Acts " ; by deleting "Board", where it occurs on the first two occasions, and substituting the following-
(b)
" Authority " ; and
| (c) | by deleting "authorised by the Board" and substituting the following- |
" authorised in that behalf pursuant to a delegation or authorisation given by the Authority " .
Section 160
| 54. Section 160 of the principal Act is amended | amended. |
| (a) | by deleting "this Act, or any by-law there- under," and substituting the following- |
" the Metropolitan Water Authority Act
1982 or this Act or any by-law made
pursuant to either of those Acts by the
Authority " ;
| (b) | by deleting "Board" and substituting the following- |
" Authority " ; and
| (c) | by deleting "purposes of this Act" and substituting the following- |
" purposes of the Authority "
| No. 37.] | Metropolitan Water Supply, | [1982. |
Sewerage, and Drainage.
Section 161
| amended. | 55. |
Section 161 of the principal Act is amended
by deleting "officer of the Board may represent the
Board" and substituting the following-
" officer or other member of the staff of the
Authority may represent the Authority " .
Section 163
| repealed. | 56. | Section 163 of the principal Act is repealed. |
| Section 164 | ||
| repealed. | 57. | Section 164 of the principal Act is repealed. |
| Section 165 | ||
| amended. | 58. |
Section 165 of the principal Act is amended
by deleting "this Act" and substituting the
following-
" the Metropolitan Water Authority Act 1982 or this Act or any by-law made pursuant to either of those Acts " .
Third
Schedule
| deleted. | 59. The Third Schedule to the principal Act 1s |
deleted.
Seventh
| Schedule, | 60. The Seventh Schedule, Eighth Schedule, |
| Eighth |
| Schedule, | Ninth Schedule, Tenth Schedule, Eleventh Schedule, |
| Ninth | |
| Schedule, | and Twelfth Schedule to the principal Act are |
| Tenth | |
| Schedule, | amended |
| Eleventh Schedule, and Twelfth | (a) by deleting "Metropolitan Water Supply, Sewerage, and Drainage Board", wherever occurring, and substituting the following- |
| Schedule | |
| amended. |
" Metropolitan Water Authority " ;
| (b) | as to the Tenth Schedule and Eleventh Schedule, respectively, by deleting "due on" and substituting the following- |
" and other moneys due in respect of " ; and
| (c) | as to the Eleventh Schedule and Twelfth Schedule, respectively, by deleting "Board", wherever occurring, and substituting the following- |
" Authority "
0
0
0