Water Agencies (Infringements) Amendment Regulations 2010 (WA)

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980 GOVERNMENT GAZETTE, WA 16 March 2010

WA302*

Water Agencies (Powers) Act 1984

Water Agencies (Infringements) Amendment

Regulations 2010

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Water Agencies (Infringements)
Amendment Regulations 2010.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on 1 April 2010.

3.             Regulations amended

These regulations amend the Water Agencies (Infringements)
Regulations 1994.

4.             Regulation 3 amended

In regulation 3 delete “by-law 4 of the Water Agencies (Water
Use) By-laws 2007” and insert:

the Water Agencies (Water Use) By-laws 2010
by-law 4

5.             Regulation 5 amended

(1) Delete regulation 5(1) and insert:
(1) For the purposes of section 103 of the Act and this
regulation, a prescribed person

(a)

in relation to water supplied by the Corporation, is a person holding or acting in any of the following offices of the Corporation —

(i) General Manager, Customer Services
Division;

(ii) Regional Business Manager, Perth

Region;

16 March 2010 GOVERNMENT GAZETTE, WA 981
(iii) Regional Business Manager, North
West Region;

(iv)      Regional Business Manager, Mid West Region;

(v) Regional Business Manager, Goldfields

Region;

(vi) Regional Business Manager, South
West Region;
(vii) Regional Business Manager, Great
Southern Region;
(viii) Regional Business Manager,
Agricultural Region;

(ix) Manager, Customer Centre;

(x) Manager, Metering Services;

and

(b) in relation to water supplied by the Bunbury Water Board or the Busselton Water Board, is a person holding or acting in the office of the chief executive officer of the Board; and
(c) in relation to any other water, is a person holding or acting in any of the following offices in the Department —

(i)      the chief executive officer;

(ii)      the Director Water Resource Use;

(iii)      the Manager Water Licensing.

(2) Delete regulation 5(3) and insert:
(3) For the purposes of section 103 of the Act, a
designated person
(a) in relation to water supplied by the Corporation, is the person holding or acting in the office of Manager, Receivables and Business Support for the Corporation; and
(b) in relation to any other water, is a person holding or acting in the office of chief finance officer (as defined in the Financial Management Act 2006 section 57) for the Department.

6.             Regulation 6 amended

In regulation 6 delete “the Schedule” and insert:

Schedule 1

982 GOVERNMENT GAZETTE, WA 16 March 2010

7.             Schedule replaced

Delete the Schedule and insert:

Schedule 1 — Forms

[r. 6]

Form 1

Water Agencies (Powers) Act 1984 s. 103(2)

Infringement notice

No. ............
Surname (Block letters) ..........................................................................
Other names (in full) ..............................................................................
Address ...................................................................................................
Town or suburb and postcode ................................................................

It is alleged that you committed an offence:

Where and At ..................................................... on the ...............
when day of ...................................................... 20...............
Details of Using water in contravention of the stage of

offence

restrictions applicable under the Water Agencies (Water Use) By-laws 2010, contrary to by-law 4.

Modified
penalty $100
Information Date: ............................................................................
about this Issued at: ......................................................................
notice By: ...............................................................................
Signature of authorised person:
........................................……..

WHAT YOU MUST DO:

1.                You may dispose of this matter by paying the modified penalty within a period of 21 days after this notice is given.

PAY THE MODIFIED PENALTY TO:

* The Chief Finance Officer
Department of Water
PO Box K822
PERTH WA 6842

or

* Manager, Receivables and Business Support
Water Corporation
PO Box 1600
Osborne Park DC WA 6916

[*Delete the inapplicable]

16 March 2010 GOVERNMENT GAZETTE, WA 983

If you wish to do so but are unable to make payment within
21 days you may apply to the Department of Water* /
Water Corporation* for an extension of time within which

the modified penalty may be paid.

[*Delete the inapplicable]

OR IF YOU DO NOT PAY THE MODIFIED PENALTY

2.

A prosecution notice may be issued against you for the alleged offence, in which case the matter will be dealt with by a COURT.

OR
The modified penalty may be recovered by the Fines
Enforcement Registry, in which case —

(a)

additional administrative charges may be incurred; and

(b)

action may be taken to suspend your Motor Driver’s Licence or Vehicle Licence until you have paid in full the modified penalty and any additional charge; and

(c)

you will be given an opportunity to elect to have a prosecution notice for the alleged offence dealt with by a COURT.

PAYMENTS AFTER THE DUE DATE CAN ONLY BE
MADE WITH A FINAL DEMAND LETTER WHICH

INCURS AN ADDITIONAL ENFORCEMENT FEE.

Form 2

Water Agencies (Powers) Act 1984 s. 103(6)

Notice of withdrawal of infringement notice

No. ............
Surname (Block letters) ..........................................................................
Other names (in full) ..............................................................................
Address ...................................................................................................
Town or suburb and postcode ................................................................

Infringement Notice No. ......................... Date ...... / ...... / ......

AN INFRINGEMENT NOTICE GIVEN TO YOU HAS
BEEN WITHDRAWN AND NO FURTHER ACTION

WILL BE TAKEN*/A SUMMONS WILL BE ISSUED*

* Delete where not applicable.

Information Date of issue: ...............................................................
about the
withdrawn Alleged offence: ..........................................................
notice Notice number: ............................................................
984 GOVERNMENT GAZETTE, WA 16 March 2010
Information Date: ............................................................................
about this
notice Issued at: ......................................................................
By: ...............................................................................
Signature of prescribed person:
........................................………
Title of the office held by the prescribed person:
.............................................

Form 3

Water Agencies (Powers) Act 1984 s. 103(11)

Certificate that person is an authorised person

No. ............................................. Photograph of authorised person .................................................................

(Name)

..................................................................

(Signature)

..................................................................

(Title of the office held by the authorised person)

...................................................................

(Date of issue)

...................................................................
(Date of expiry)

This is to certify that the person identified on this certificate is authorised, in accordance with the Water Agencies (Powers) Act 1984 section 103, to give infringement notices in respect of alleged offences under the Water Agencies (Water Use) By-laws 2010 by-law 4.

Signed: .......................................................................

Chief executive officer of the Department of Water* or
chief executive officer of the Water Corporation on behalf of the

Water Corporation*.

[* Delete the inapplicable]

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.

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