Water Agencies (Charges) Amendment By-laws (No. 2) 1997 (WA)

2350	GOVERNMENT GAZETTE, WA	r13 Mav 1997
WA301

WATER AGENCIES (POWERS) ACT 1984

WATER AGENCIES (CHARGES) AMENDMENT BY-LAWS (NO. 2) 1997

Made by the Minister under section 34 (1) of the Act.

Citation

1.      These by-laws may be cited as the Water Agencies (Charges) Amendment

By-laws (No. 2) 1997.

Principal bylaws

2.      In these by-laws the Water Agencies (Charges) By-laws 1987* are

referred to as the principal by-laws.

[* Published in Gazette 14 July 1987pp. 2658-72.

For amendments to 22 A ril 1997 see 1995 Index to Legislation of	Western Australia, ~ a b L 4, pp. 312-4 and Gazettes 21 May,
28June, 5 July, 9 July, 19 July, 23 August and 13 September 1996 and 7 January 1997.1

By-law 2 amended

3.      By-law 2 of the rincipal by-laws is amended by inserting after the

definition of "residentia p property" the following definition -

"single ca ital infrastructure char e" means a charge set out in

~che&le 1, Division 1, Part 5, Co umn 2; f ,,

Bylaw 7 repealed and by-laws substituted

4.     (1) By-law 7 of the principal by-laws is repealed and the following

by-laws are substituted -

Manner of payment of charges other than quantity and single capital infrastructure charges

7.     (1) In this by-law -

"charge" means -

(a)

a charge other than -

(i)	a quantity charge; or
(ii)	a single capital infrastructure charge;

(b)

an amount payable in respect of rates under the

Land Drainage Act 1925.

ayment have been made a charge is payable in accordance with this (2) Unless, in accordance with by-law 8, special arrangements for

Ey-law.

(3)	Subject to sub-bylaws (4) and (S), a charge is ayable to the
Corporation in 2 equal instalments due on 31 Jul an 31 December,	2
respectively, in the year for which the charge is ma a'	e.

13 May 19971 GOVERNMENT GAZETTE, WA 235 1

account relating to a charge - (4) Subject to sub-bylaws (5) and (8), a person may elect to pay an

in full (whether or not it also relates to other charges in

(a) respect of the same year) on or before 31 July in that year

in which case the person is to receive a discount of -

(i)	the amount prescribed in Schedule 6, item 1 in respect of the account (irrespective of whether it relates to one or more charges); and
(ii)	interest calculated at the rate prescribed in Schedule 6, item 3 for a period of 5 months on one-half of the charge for the year;

(b)

in 4 equal instalments on or before 31 July, 31 October,

31 December, and 31 March, respectively, in that ear, in

which case the person is to be liable for an a ditional B

charge of -

(i)	the amount prescribed in Schedule 6, item 2 in respect of the account (irrespective of whether it relates to one or more charges); and
(ii)	interest calculated at the rate prescribed in Schedule 6, item 3 for a period of 3 months on one-half of the charge for the year.

payment of any amount due and payable to the Corporation in relation (5) The options provided by sub-bylaw (4) do not apply where to any water service in respect of the land concerned is outstanding.

(6) For the pur oses of sub-bylaw (5), where payment of an amount has been de erred under the Rates and Char es (Rates and P

Deferments) Act 1992 that amount shall not be regar ed as due and payable until payment of it is required in accordance with that Act. d

in a articular case, allow a person to elect to pay an account in (7) The Corporation may, after having regard to the circumstances

accor&nce with the options provided in sub-bylaw (4), without the requirement for the appropriate amount to be paid on or before 31 July.

(8)	Where -
(a)	a charge is for a period less than a full year; or
(b)	an account for a charge is given after 31 July in the year to

the charge is due in full by the date stated in the account.	which the charge relates,
shall be a date not earlier than 28 days after the giving of the account.	(9)	For the purposes of sub-bylaw (8), a date stated in an account

Manner of payment of quantity charges

7A. (1) Unless, in accordance with by-law 8, special arran ements for payment have been made a quantity charge is due in ful on the	f
date stated in the account given for that charge.

shall be a date not earlier than 14 days after the giving of the account. (2) For the purposes of sub-bylaw (I), a date stated in an account

Manner of payment of single capital infrastructure charges

7B. (1) A single capital infrastructure charge is due in full on the

date stated in the account given for that charge.

For the purposes of sub-bylaw (I), a date stated in an account shall be a date not earlier than 28 days after the giving of the account. ,,

(2)

2352 GOVERNMENT GAZETTE, WA 113 Mav 1997

By-law 8 amended

5. (1) By-law 8 (1) of the rincipal by-laws is amended by deleting

"Where, in a particular case," an 2	substituting the following -
"	"

Subject to sub-bylaw (4), where in a particular case

sub-bylaw (3) the following sub-bylaw -	(2) By-law 8 of the principal by-laws is amended by inserting after
<I

(4) This by-law does not apply to a single capital infrastructure

charge. ,,

By-law 12 repealed and a by-law substituted

6.     By-law 12 of the principal by-laws is repealed and the following by-law is

substituted -

<I

Exempt land

12.    (1) In this by-law -

"water su ply connection" does not include a local government

stan S pipe.

(2)	Where -
(a)	land described in by-law 4; or
(b)	land that is not classified Capital Infrastructure but is reasonably capable of being supplied by the Cor oration
with water from works provided in relation to lan B that is so classified,

is not rovided with a water sup ly connection, the land is exempt from

any c arge set out in Schedu e 1, Division 1 other than a charge R P

specifically provided in respect of local government standpipes. 7,

By-law 13 amended

7.      B -law 13 of the princi a1 by-laws is amended by inserting after

sub-by r aw (2) the following sub- i ylaw -

(3) For the purposes of this Division, land may, irrespective of any

other classification under sub-bylaw (I),	be classified by the Corporation
as Capital Infrastructure if -

(a)	the Cor oration determines that the land is in an area
specifie $ in Schedule 1, Division 1, Part 5, Column 1; and
(b)	the Corporation provides or is to provide works to ensure
the supply of water to the land. 7,

By-law 19A inserted

8. After by-law 19 of the principal by-laws, the following by-law is

inserted -

66

Capital infrastructure charges

19A. (1) In this by-law -

"land" means a residential property or any other land.

13 May 19971 GOVERNMENT GAZETTE, WA 2353

Infrastructure, the charge - (2) Subject to sub-bylaw (3), if land is classified as Capital

(a)	set out in Schedule 1, Division 1, Part 5, Column 3; and
(b)	corresponding to the area within which the land is situated

as specified in Schedule 1, Division 1, Part 5, Column 1,

is a charge for a year in respect of that land, applicable for the number
of years specified in Schedule 1, Division 1, Part 5, Column 4.

within 28 d y s of receiving notice of the charge from the Corporation, (3) A erson liable to pay a charge under sub-bylaw (2) may,

elect to pay the corresponding single charge specified in Schedule 1,
Division 1, Part 5, Column 2.

(4) Where a person elects to pay a sin le charge under sub-bylaw (3) the sin le charge is ayable in re ation to the land f

instead of the annual c arges specifie 8, B in sub-bylaw (1).

addition to any other charges payable for water supply under these (5) A charge set out in Schedule 1, Division 1, Part 5 is payable in

by-laws. ,,

Schedule 1 amended

9. (1) Schedule 1 to the principal by-laws is amended by deleting
"[By-law 11, 20A and 20Bl" and substituting the following -

" [By-laws 11, 19A, 20A and 20Bl "

(2) Schedule 1, Division 1 to the principal by-laws is amended by

inserting after Part 4 the following Part -

66

Part 5 - Capital infrastructure charges determined under by-law 19A

Column 1	Column 2	Column 3	Column 4
Area	Single Charge	Annual Charge	No. of years
Golden Bay	$215	$27	10
Madora	$200	$25	10
Singleton

Schedule 6 amended

10.      Schedule 6 to the principal by-laws is amended -

(a) following - in item 1 by deleting "by-law 7 (1) (a) (i)" and substituting the

" by-law 7 (4) (a) (i) ";

(b)	in item 2 by deleting "by-law 7 (1) (b) (i)" and substituting the	following -
" by-law 7 (4) (b) (i) ";
(c)	in item 3 by deleting "by-laws 7 (1) (a) (ii), 7 (1) (b) (ii)," and substituting the following -
"

by-laws 7 (4) (a) (ii), 7 (4) (b) (ii), ".

KIM HAMES, Minister for Water Resources.