Water Agencies (Charges) Amendment By-laws (No. 2) 2013 (WA)
14 November 2013 GOVERNMENT GAZETTE, WA 5081
Water Agencies (Powers) Act 1984
Water Agencies (Charges) Amendment By-laws
(No. 2) 2013
Made by the Minister under section 34 of the Act.
1. Citation
These by-laws are the Water Agencies (Charges) Amendment
By-laws (No. 2) 2013.
2. Commencement
These by-laws come into operation as follows —
(a) by-laws 1 and 2 — on the day on which these by-laws are published in the Gazette;
(b) the rest of the by-laws — on the day on which the Water Services Act 2012 Part 2 comes into operation.
3. By-laws amended
These by-laws amend the Water Agencies (Charges)
By-laws 1987.
4. By-law 2 amended
(1) In by-law 2(1) delete the definitions of: country sewerage area
metropolitan area
quantity charge
UV
water supply
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(2) In by-law 2(1) insert in alphabetical order: approval of the Corporation, in relation to the
discharge of trade waste, means an approval of the
Corporation described in the Water Services Act 2012section 102;
Corporation means the Water Corporation established
by the Water Corporations Act 1995 section 4(1);country sewerage area means a sewerage area under the Country Towns Sewerage Act 1948 section 4 as in force immediately before the day on which the Water
Services Legislation Amendment and Repeal Act 2012
section 200(a) came into operation;
drainage area means a drainage area under by-law 30;
irrigation works, of a person, include a dam, reservoir
or other non-reticulated works of the person used in theprovision of an irrigation service;
metropolitan area has the meaning given in the Water
Services Regulations 2013 regulation 3(1);
quantity charge means quality/quantity charge as
defined in the Water Services Act 2012 section 71(1);
trade waste has the meaning given in the Water
Services Act 2012 section 3(1);
wastewater has the meaning given in the Water
Services Act 2012 section 3(1);
water supply does not include the supply of water from
irrigation works of a licensee for the purpose of
irrigation;
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(3) In by-law 2(1) in the definition of year:
(a) in paragraph (b)(i) delete “under the Country Areas Water Supply Act 1947,” and insert: in a non-metropolitan area,
(b) in paragraph (b)(ii) delete “under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 or the
Metropolitan Water Authority Act 1982,” and insert:
in the metropolitan area,
(c) in paragraph (b)(iii) delete “industrial waste discharged under the Metropolitan Water Supply, Sewerage, and
Drainage Act 1909 or the Country Towns SewerageAct 1948,” and insert:
the discharge of trade waste,
(d) in paragraph (b)(iv) delete “water” and insert: wastewater (other than trade waste)
(4) Delete by-law 2(2).
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5. By-law 7A inserted
After by-law 6 insert:
7A. Determination of quality and quantity of trade
waste discharged
(1) In this by-law — approved meter means a meter approved of by the
Corporation.(2) Sub-bylaw (3) applies to the extent to which the
volume of the trade waste discharged is not accurately
measured by an approved meter.(3) For the purposes of assessing a charge for the discharge
of trade waste from land into a sewer of the
Corporation, the Corporation may determine the
quality and volume of trade waste discharged in
accordance with one or more of the followingparagraphs —
(a) if the volume of wastewater discharged from the land into the sewer is accurately measured by an approved meter — by deducting from the
volume an allowance for wastewater discharged
that was not trade waste;(b) by deducting from the volume of water supplied to the land, or a particular part of the land, an allowance for the volume of water supplied that was not discharged to the sewer and an allowance for wastewater discharged that was not trade waste; (c) by reference to a waste discharge profile determined by the Corporation to be applicable
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to the type of trade, industry, business or
calling from which the trade waste isdischarged;
(d) by reference to historical data relating to the discharge of wastewater or trade waste from the land; (e) by reference to information given to the Corporation in relation to the discharge of industrial waste under a permit under the Country Towns Sewerage By-laws 1952 or the Metropolitan Water Supply, Sewerage and
Drainage By-laws 1981 or the discharge of
trade waste under an approval of the
Corporation (under the Water Services
Act 2012).6. By-law 7 amended
(1) In by-law 7(1):
(a) delete the definition of industrial waste charge; (b) insert in alphabetical order: trade waste charge means a charge under Schedule 3
Division 1 items 6 or 7 or Division 3 or 6.
(c) in the definition of annual charge delete “industrial” and insert:
trade
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(2) In by-law 7(3)(a) delete “industrial” and insert: trade
7. Part 2 Division 1 heading replaced
Delete the heading to Part 2 Division 1 and insert:
Division 1 — Water supplied other than from
irrigation works
8. By-law 10 replaced
Delete by-law 10 and insert:
10. Application of Division
This Division does not apply to, or in relation to, the
supply or possible supply of water in the circumstances
described in by-law 20 or 31, or any other thing done
or provided in relation to that supply.
9. By-law 11 amended
In by-law 11 delete “taken, in accordance with section 41(1)(b)
of the Water Agencies (Powers) Act 1984, to be” and insert:taken to be
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10. By-law 13 amended
In by-law 13(1)(f) delete “farm land in the Country Areas
Water Supply Act 1947 section 5(1)” and insert:farmland in the Water Services Regulations 2013
regulation 3(1)
11. Part 2 Division 2 replaced
Delete Part 2 Division 2 and insert:
Division 2 — Water supplied from certain irrigation
works, other than for irrigation
20. Land subject to water supply charges under this Division
(1) The charges set out in Schedule 2 apply in respect of
land that is supplied with water, for purposes other than
irrigation, from irrigation works of the Corporation in
the Ord Irrigation District.(2) For the purposes of this by-law —
(a)
the Ord River is to be taken to be irrigation works of the Corporation to the extent to which the river is used by the Corporation to, in effect, deliver water to persons who are to be supplied with water by the Corporation; and
(b)
the supply of water from irrigation works includes authorising a person to take water from the works.
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12. By-law 21 amended
In by-law 21 delete “taken, in accordance with section 41(1)(b)
of the Water Agencies (Powers) Act 1984, to be” and insert:taken to be
13. By-law 27 amended
In by-law 27 delete “within the meaning of the Metropolitan
Water Authority Act 1982 shall be taken, in accordance with section 41(1)(b) of the Water Agencies (Powers) Act 1984, to
be” and insert:
shall be taken to be
14. By-law 30 inserted
At the end of Part 4 insert:
30. Declaration of drainage areas and transitional provision
(1) The Minister may, by instrument published in the
Gazette, declare an area to be a drainage area if
satisfied that the area benefits or will benefit from, or
contributes or will contribute to, the need for the
drainage provided or to be provided by a drainage asset
of the Corporation.(2) The Minister may, by instrument published in the
Gazette, revoke the declaration of an area as a drainage
area if satisfied that the area no longer benefits from or
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contributes to the need for the drainage provided by a
drainage asset of the Corporation.
(3) A declaration under sub-bylaw (1) may create a new
drainage area or extend an existing drainage area, and a
revocation under sub-bylaw (2) may revoke the whole
of or just a part of an existing drainage area.(4) Before the Minister can declare an area to be a drainage area, the Minister must —
(a) give 2 months’ notice of the proposed declaration; and
(b)
take into account any objections made under sub-bylaw (6).
(5) Notice of a proposal to declare an area to be a drainage area must —
(a) be published in the Gazette and on the Department’s website (as defined in the Water
Services Regulations 2013 regulation 3(1)); and
(b) include —
(i) the date on or after which the Minister proposes to make the declaration; and
(ii) a description of the area sufficient to identify its location; and
(iii) details of the plan on which the proposed drainage area is set out and how the plan can be inspected.
(6) A person with a material interest in a proposal to
declare an area to be a drainage area may object to the
proposal in writing to the Minister within one month
after the day on which notice of the proposal is
published in the Gazette.
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(7) A drainage area under the Metropolitan Water
Authority Act 1982 section 104 as in effect
immediately before the day on which the WaterServices Legislation Amendment and Repeal Act 2012 section 20 comes into operation becomes, on that day,
a drainage area under this by-law, and may be amended
or revoked under this by-law accordingly.
15. By-law 31 replaced
Delete by-law 31 and insert:
31. Land subject to irrigation charges
(1)
Subject to by-law 32, the charges set out in Schedule 5 apply in respect of land that is supplied with water for the purpose of irrigation from irrigation works of the
Corporation in the Ord Irrigation District. (2) For the purposes of this by-law —
(a)
the Ord River is to be taken to be irrigation works of the Corporation to the extent to which the river is used by the Corporation to, in effect, deliver water to persons who are to be supplied with water by the Corporation; and
(b)
the supply of water from irrigation works includes authorising a person to take water from the works.
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16. Schedule 1 amended
(1) In the heading to Schedule 1 delete “supply other than under the Rights in Water and Irrigation Act 1914” and insert: supply, other than from certain irrigation works, (2) In Schedule 1:
(a) in item 28 delete “the Coral Bay Water Area” and insert: Coral Bay
(b) in item 29 delete “the Denham Country Water Area,” and insert:
Denham,
17. Schedule 2 replaced
Delete Schedule 2 and insert:
Schedule 2 — Charges for water supply from
certain irrigation works, other than for irrigation,
for 2013/2014
[bl. 20]
1. Supply other than for stock-water or dust prevention
In respect of land to which water is supplied from irrigation works of the Corporation in the Ord Irrigation District, for purposes other
than those mentioned in item 2, an amount
per supply point of —
(a) if the supply is assured ........................................... $247.50
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(b) if the supply is not assured ..................................... $181.00 2. Supply for stock-water or dust prevention
In respect of land to which water is supplied from irrigation works of the Corporation in the Ord Irrigation District for the purposes of
stock-water or dust prevention in feed lots —
(a) if the maximum area used as a feed lot during the year is not more than
4 hectares, an amount of ......................................... $664.00 (b) if the maximum area used as a feed lot during the year is more than
4 hectares, the amount specified in
paragraph (a) and, for each hectare (or
part thereof) in excess of 4 hectares
that is so used, a further amount of ......................... $131.50
18. Schedule 3 amended
(1) In Schedule 3 delete items 6 and 7 and insert: 6. Land from which trade waste is discharged into a sewer
of the Corporation
In respect of the discharge of trade waste
under an approval of the Corporation, for the
period for which the approval has effect
(which cannot be of less than 12 months), an
amount of ........................................................... $217.35
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7. Land from which trade waste is discharged into a sewer
of the Corporation through grease arrestor
In respect of the discharge of trade waste
through one or more grease arrestors under
an approval of the Corporation, for the period
for which the approval has effect (which
cannot be of less than 12 months), in addition
to any other charge applicable to the landunder this Schedule —
(a) in respect of each grease arrestor, not being a grease arrestor that is shared with other land the subject of an approval of the Corporation, an amount of ..................................... $95.50 (b) in respect of each grease arrestor that is shared with other land the subject of an approval of the Corporation, an amount of ................ $52.15
(2) In Schedule 3 item 11 delete “industrial waste discharged into a sewer of the Corporation pursuant to a permit —” and insert: trade waste discharged into a sewer of the Corporation under an approval of the Corporation — (3) In Schedule 3 delete item 13A and insert: 13A. Trade waste discharged from open area In respect of the discharge of trade waste from an open area under an approval of the Corporation, for the period for which the approval has effect (which cannot be of less than 12 months), in addition to any other charge applicable to the land under this
2
Schedule, an amount per m of open area ......... $1.45`
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(4) In the heading to Schedule 3 Division 6 delete “industrial” and insert: trade (5) In Schedule 3 item 29 delete “industrial waste by a person who
does not hold an industrial waste permit” and insert:trade waste Notes:
1. The heading to amended Schedule 3 item 11 is to read: Trade waste discharged into a sewer of the Corporation under an
approval2. The heading to amended Schedule 3 item 29 is to read:
One-off discharge of trade waste
19. Schedule 5 amended
Delete Schedule 5 item 1 and insert:
1. Ord Irrigation District
In respect of land to which water is supplied
in the circumstances described in by-law 31,
an amount per hectare of land irrigated of —
(a) where the supply is assured ................. $142.00 (b) where the supply is not assured ........... $107.00
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20. Various references to “country sewerage area” amended
In the provisions listed in the Table:
(a) delete “country sewerage area” and insert: non-metropolitan area
(b) delete “country sewerage area” and insert: non-metropolitan area
Table
bl. 23(1) Sch. 3 it. 2 Sch. 3 it. 31 Sch. 3 it. 32 Sch. 3 it. 33 Sch. 3 it. 34 D. T. REDMAN, Minister for Water.
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