Water Legislation (Essential Services Commission and Other Amendments) Act 2003 (Vic)

Water Legislation (Essential Services Commission

and Other Amendments) Act 2003

Act No. 48/2003

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	New Part 1A inserted into Water Industry Act 1994	2
PART 1A—REGULATION OF REGULATED WATER
INDUSTRY	2
4A. Definitions	2

4B. Application of Essential Services Commission Act 2001 5

4C. Objectives of the Commission	5
4D. Water Industry Regulatory Order	6
4E. Other regulatory powers	9
4F. Codes	9
4G. Provision of information to the Commission	11
4H. Costs of Commission under this Part	11

4I. Statement of Obligations 12

4.	Division 1 of Part 2 substituted	14
Division 1—Licences	14

5.	Application for licence	14
6.	Determination of application	15
7.	Provisions relating to licences	16
8.	Statement of Obligations	16
9.	Customer dispute resolution	18

10. Licence charge	20
11. Area of licence	20

12. Variation or revocation of licence 21

13. Gazettal requirement 21

14. Licence not transferable 22

15. Transitional provision 22

16. Licensees not to represent Crown 23

5.	Division 2 of Part 2 repealed	23
6.	Repeal of section 21A	23
7.	Amendment of section 90 of the Water Act 1989	23

i

Section Page

8. Water Act 1989—new sections 120 and 121 inserted 24

120.	Central Gippsland Region Water Authority	24
121.	Validation of actions of Central Gippsland Region
Water Authority in relation to waste	25

9.	Amendment of section 247 of the Water Act 1989	25
10.	New Schedule 8 inserted	25
SCHEDULE 8—Central Gippsland Region Water Authority	25
11.	Amendment of the Essential Services Commission Act 2001	26
12.	Statute law revision	26

═══════════════

ENDNOTES 28

ii

Victoria

No. 48 of 2003

Water Legislation (Essential Services Commission and Other Amendments)

Act 2003†

[Assented to 11 June 2003]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to—

(a) amend the Water Industry Act 1994 to specify the role of the Essential Services Commission in relation to the water industry;

and

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 2 Act No. 48/2003

(b)	amend the Water Act 1989 to reinstate the capacity of Central Gippsland Region Water Authority to accept certain waste matter for treatment or disposal; and
(c)	amend the Water Act 1989 and the Essential Services Commission Act 2001.

2. Commencement

(1) This section and sections 1, 8 and 10 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 12(1) is deemed to have come into

operation on 4 April 2002.

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(4) If a provision of this Act referred to in sub-section

(3) does not come into operation before 1 July

2005, it comes into operation on that day.

See:	3. New Part 1A inserted into Water Industry Act 1994
Act No.
121/1994.
Reprint No. 4	After Part 1 of the Water Industry Act 1994
as at	insert—
14 February
2002
and	'PART 1A—REGULATION OF REGULATED
amending	WATER INDUSTRY
Act Nos
54/2001 and
11/2002.	4A. Definitions
LawToday:
In this Part—
dpc.vic.
gov.au	"Code" means a Code under section 4F; "declared goods and services" means

goods and services declared to be
declared goods and services by a Water
Industry Regulatory Order;

"Order" means an Order in Council made by the Governor in Council;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 3

"prescribed goods and services" means goods and services prescribed to be prescribed goods and services by a Water Industry Regulatory Order;

"Regional Urban Water Authority"

means—

(a)	the Barwon Region Water Authority;
(b)	the Central Gippsland Region Water Authority;
(c)	the Central Highlands Region Water Authority;
(d)	the Coliban Region Water Authority;
(e)	the East Gippsland Region Water Authority;
(f)	the Glenelg Region Water Authority;
(g)	the Goulburn Valley Region Water Authority;
(h)	the Grampians Region Water Authority;

(i)  the Lower Murray Region Water Authority;

(j)	the North East Region Water Authority;
(k)	the Portland Coast Region Water Authority;
(l)	the South Gippsland Region Water Authority;

(m) the South West Water Authority;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 3 Act No. 48/2003

(n)	the Western Region Water Authority;
(o)	the Westernport Region Water Authority—

or an Authority which is a successor paragraphs (a) to (o);

"regulated entity" means—

(a) the Melbourne Water Corporation;

(b)	a licensee under Division 1 of Part 2;
(c)	a Regional Urban Water Authority;

(d) a Rural Water Authority;

"regulated water industry" means the

water industry as constituted by—

(a) the Melbourne Water Corporation;

(b)	licensees under Division 1 of Part 2;
(c)	Regional Urban Water Authorities;

(d) Rural Water Authorities;

"Rural Water Authority" means—

(a) the First Mildura Irrigation Trust;

(b)	the Gippsland and Southern Rural Water Authority;
(c)	the Goulburn-Murray Rural Water Authority;
(d)	the Sunraysia Rural Water Authority;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003	s. 3
(e)	the Wimmera Mallee Rural Water Authority—

or an Authority which is a successor paragraphs (a) to (e);

"Water Industry Regulatory Order"

means an Order which is in force under
section 4D.

4B. Application of Essential Services

Commission Act 2001

(1) For the purposes of the Essential Services Commission Act 2001—

(a) this Act is relevant legislation; and

(b) the regulated water industry is a regulated industry.

(2) For the purposes of the definition of "regulated industry" in the Essential Services Commission Act 2001, the regulated water industry is deemed to be

operating under this Act.

(3) If there is any inconsistency between this

Part and a provision of the Essential
Services Commission Act 2001, the Water
Act 1989, the Melbourne and
Metropolitan Board of Works Act 1958 or
the Melbourne Water Corporation Act
1992, the provision of this Part prevails.

4C. Objectives of the Commission

The objectives of the Commission under this industry are—

(a) wherever possible, to ensure that the costs of regulation do not exceed the benefits;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 3 Act No. 48/2003

(b) making and regulatory processes have
regard to any differences between the

to ensure that regulatory decision entities;

(c) making has regard to the health, safety,
environmental sustainability (including

to ensure that regulatory decision obligations of regulated entities.

4D. Water Industry Regulatory Order

(1) The Governor in Council may by Order—

(a)	make a Water Industry Regulatory Order;
(b)	amend, vary or revoke the Water Industry Regulatory Order.

(2) The Water Industry Regulatory Order may—

(a)	specify which goods or services made, produced or supplied by or within the regulated water industry are to be
prescribed goods and services in respect of which the Commission has the power to regulate prices;
(b)	specify a price, price-range, factor or term and condition which is to be a prescribed price in respect of which the Commission has power to regulate;
(c)

require the Commission to adopt a methodology in regulating prices;

(d) fix regulatory asset values;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 3

(e)	declare which goods or services made, produced or supplied by or within the regulated water industry are to be
declared goods and services in respect of which the Commission has the power to regulate standards and conditions of service and supply;
(f)	declare which goods or services made, produced or supplied by or within the regulated water industry are to be
declared goods and services in respect of which the Commission has the power to regulate market conduct;
(g)

confer on the Commission such considers necessary;

(h) performance standards of a health,
environmental or technical nature in

specify matters relating to quality and not exercise any function or power;

(i)  specify any matters to which the Commission must have regard in exercising its powers and functions.

(3) Without limiting the generality of sub-

section (2)(c), the Water Industry Regulatory

Order may—

(a) include restrictions on price increases;

(b)	make provision for the phasing in of price increases over time;
(c)

specify matters which must be determination;

(d) specify matters in relation to the sharing of efficiency gains;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 3 Act No. 48/2003

(e)

specify the nature and manner of customers.

(4) Without limiting the generality of sub-

section (2)(g), the Water Industry Regulatory functions relating to—

(a) auditing performance and compliance
with Codes and Statements of
Obligations;

(b) monitoring and performance reporting;

(c) regulated entities in relation to

the resolution of disputes between supply;

(d)

the resolution, with the agreement of respect to prices for services;

(e) services should be regulated and
making a recommendation to the
Minister, if so requested by the
Minister after consultation with the

reviewing whether particular goods or Services Commission Act 2001.

(5) This section does not empower the making

of a Water Industry Regulatory Order
containing a provision purporting to have the
effect of changing or substituting a decision
made by the Commission.

(6) An Order made under this section—

(a)	must be published in the Government Gazette; and
(b)	has effect from the date specified in the Order.

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 3

4E. Other regulatory powers

(1) The Commission may in relation to regulated entities regulate—

(a)	standards and conditions of service and supply of declared goods and services; and
(b)	market conduct relating to declared goods and services.

(2) In exercising its powers or carrying out its functions under this Part, the Commission must adopt an approach which—

(a) the Commission considers will best meet the objectives specified in the Essential Services Commission Act

2001 and in this Part; and

(b) complies with any requirements specified in the Water Industry Regulatory Order.

4F. Codes

(1) In the exercise of any power or function of

the Commission with respect to the regulated
water industry, the Commission may make,
amend or revoke Codes.

(2) A Code may provide for any matter relating

to—

(a) a specified class of regulated entity to
develop, issue and comply with
customer-related standards, procedures,
policies and practices (including with

requiring a specified regulated entity or to customers) in accordance with the Code;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 3 Act No. 48/2003

(b) standards, procedures, policies and

specifying minimum customer-related regulated entity or a specified class of regulated entity in a customer charter for specific services;

(c) a specified class of regulated entity to
enter into an agreement with another
specified regulated entity or another
specified class of regulated entity for
the purpose of ensuring that obligations

requiring a specified regulated entity or can be met;

(d) of agreements required under
paragraph (c) between regulated entities

specifying principles for the negotiation of service and supply;

(e) specified accounting records and to

requiring regulated entities to maintain principles.

(3) The Commission may amend or revoke a

Code in accordance with procedures
specified by the Commission.

(4) The Commission must cause a notice of—

(a) the making of a Code; or

(b) the amendment or revocation of a Code—

to be published in the Government Gazette. (5) A Code is not a determination for the

purposes of the Essential Services
Commission Act 2001.

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 3

(6) A regulated entity must comply with any provision of a Code which applies to the regulated entity.

4G. Provision of information to the Commission

(1) The Commission may by notice in writing require a regulated entity to provide to the Commission information that the

Commission requires to enable the

Commission to perform its functions.

(2) A notice under sub-section (1) must

specify—

(a) the information required; and

(b)	the period of time within which the requirement must be complied with; and
(c)	the manner and form in which the information must be provided.

(3) A regulated entity must comply with a notice

given to the regulated entity under sub-
section (1).
Penalty: 120 penalty units.

4H. Costs of Commission under this Part

(1) The Minister administering the Essential Services Commission Act 2001—

(a)	in consultation with the Minister administering this Act; and
(b)	having regard to the total amount of the costs and expenses of the Commission that are incurred or are likely to be incurred by the Commission in the exercise of its powers for or in connection with the performance of its functions and the achievement of its

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 3	Act No. 48/2003
objectives in relation to the regulated water industry—

must determine the amount to be contributed
towards those costs and expenses by each
regulated entity.

(2) The contribution is payable at such intervals and in such amounts as is determined by the Minister administering the Essential

Services Commission Act 2001 in consultation with the Minister administering this Act by notice in writing to the regulated entity.

4I. Statement of Obligations

(1) In this section "water authority" means—

(a) the Melbourne Water Corporation;

(b) a Regional Urban Water Authority;

(c) a Rural Water Authority.

(2) After consultation with the Treasurer and the Commission, the Minister may—

(a) Obligations to a water authority
specifying obligations of the water

make and issue a Statement of and exercising its powers;

(b) amend, vary or revoke a Statement of Obligations after complying with sub- section (5).

(3) Without limiting the generality of sub-

section (2), a Statement of Obligations may

include provisions relating to—

(a) governance;

(b) quality and performance standards;

(c) community service obligations;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 3

(d) customer and community consultation;

(e) the specifying of—

(i) amount of a payment or amounts
of payments which may be
required from the owner of a
property for the provision of
sewerage services to the property

a maximum in relation to the Act 1989; and

(ii)  the manner in which the payment or payments are to be made;

(f)	failure to comply with any obligations imposed by a Statement of Obligations;
(g)	obligations of a water authority with respect to other public authorities.

(4) A water authority must comply with a

Statement of Obligations which applies to the water authority.

(5) The Minister must not amend or vary a

Statement of Obligations unless—

(a) the water authority has agreed to the proposed amendment or variation; or

(b) the Minister has—

(i)

given the water authority notice in amendment or variation; and

(ii)

considered any written submission response to the notice.

(6) The Minister must cause a notice of—

(a) the making and issue of a Statement of Obligations to a water authority; or

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 4 Act No. 48/2003

(b) the amendment, variation or revocation of the Statement of Obligations—

to be published in the Government Gazette. (7) If there is any inconsistency between a

provision of a Statement of Obligations and a
provision of a Code, the provision of the

Statement of Obligations prevails.'.

4. Division 1 of Part 2 substituted

For Division 1 of Part 2 of the Water Industry

Act 1994 substitute—

"Division 1—Licences

5. Application for licence

(1) Subject to sub-section (2), a person may apply to the Minister for the issue of—

(a) a water licence; or

(b) a water and sewerage licence; or

(c) a drainage licence; or

(d) a sewage treatment licence; or

(e) a water headworks licence.

(2) A person may only apply for a licence in

by notice published in the Government

respect of an area or areas if the Minister has circulating in the area or areas concerned, invited applications for a licence of that type in respect of that area or areas.

(3) An application must be in a form approved

by the Minister and accompanied by such
documents as may be determined by the
Minister.

(4) An application must be accompanied by the application fee (if any) fixed by the Minister.

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 4

6. Determination of application

(1) Subject to sub-section (2), the Minister may grant or refuse an application for the issue of a licence for any reason the Minister

considers appropriate.

(2) The Minister must not grant an application

for the issue of a licence unless the Minister
is satisfied that—

(a) the applicant is financially viable; and

(b)	the applicant has the technical capacity to comply with the conditions of the licence; and
(c)	the applicant is a Victorian body corporate or a statutory corporation within the meaning of the State Owned Enterprises Act 1992.

(3) The Minister must publish a notice in a daily

newspaper generally circulating in
Victoria—

(a)	specifying the name of any applicant for the issue of a licence, the type of licence applied for and the area or areas
in respect of which the application is made; and
(b)	inviting interested persons to make submissions to the Minister in respect of the application within the period and in the manner specified in the notice.

(4) Subject to this section and any requirements

specified in regulations made for the
purposes of this section under section 184,
the Minister may determine the procedures
that are to apply in respect of the issue of
licences.

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 4 Act No. 48/2003

(5) The Minister must notify an applicant in

writing—

(a)	of the decision of the Minister to grant or refuse to grant the application; and
(b)	in the case of a decision to refuse to grant the application, of the reasons for that decision.

7. Provisions relating to licences

(1) A licence is to be issued for an unlimited

term or a specific term as is determined by the Minister and is specified in the licence.

(2) A person may at the same time hold more

than one licence, whether of the same or
different types.

(3) A licence is subject to such conditions as are determined by the Minister and are specified in the licence.

(4) Without limiting the generality of sub- section (3) the conditions may include provisions—

(a)	requiring the licensee to pay a specified charge for the licence;
(b)

preventing the licensee from engaging activities or any other business;

(c) requiring compliance with a Statement of Obligations under section 8.

8. Statement of Obligations

(1) After consultation with the Treasurer and the Commission, the Minister may—

(a)

make and issue a Statement of obligations of the licensee in

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003	s. 4
performing its functions and exercising its powers;

(b) amend, vary or revoke a Statement of Obligations after complying with sub- section (3).

(2) Without limiting the generality of sub-

section (1), a Statement of Obligations may

include provisions relating to—

(a) governance;

(b) quality and performance standards;

(c) community service obligations;

(d) customer and community consultation;

(e) the specifying of—

(i) amount of a payment or amounts
of payments which may be
required from the owner of a
property for the provision of
sewerage services to the property

a maximum in relation to the Industry Act 1994; and

(ii)  the manner in which the payment or payments are to be made;

(f)	failure to comply with any obligations imposed by a Statement of Obligations;
(g)	obligations of a licensee with respect to public authorities;
(h)	respect of any matter relating to existing implied customer contracts

transitional or savings arrangements in immediately before the commencement of section 5 of the Water Legislation

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 4	Act No. 48/2003
(Essential Services Commission and Other Amendments) Act 2003.

(3) The Minister must not amend or vary a

Statement of Obligations unless—

(a) the licensee has agreed to the proposed amendment or variation; or

(b) the Minister has—

(i)

given the licensee notice in amendment or variation; and

(ii)

considered any written submission to the notice.

(4) The Minister must cause a notice of—

(a)	the making and issue of a Statement of Obligations to a licensee; or
(b)	the amendment, variation or revocation of the Statement of Obligations—

to be published in the Government Gazette. (5) If there is any inconsistency between a

provision of a Statement of Obligations and a
provision of a Code, the provision of the

Statement of Obligations prevails.

9. Customer dispute resolution

(1) A licence must be issued subject to a

condition requiring the licensee to enter into
a customer dispute resolution scheme
approved by the Commission.

(2) A dispute resolution scheme provided for in accordance with this section is in addition to and not in derogation of any right of review a person may have under this Act.

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 4

(3) In approving a customer dispute resolution scheme, the Commission must have regard to—

(a)	the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; and
(b)	the need to ensure that the scheme is accessible to the licensee's customers and that there are no cost barriers to

those customers using the scheme; and

(c)	the need to ensure that the scheme is independent of the members of the scheme; and
(d)	the need for the scheme to be fair and be seen to be fair; and
(e)	publish decisions and information about

the need to ensure that the scheme will as to be accountable to the members of the scheme and the customers of the scheme members; and

(f) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and

effective.

(4) The Minister may, in accordance with this

Part, vary any existing licence to include a condition of a kind referred to in sub- section (1).

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 4 Act No. 48/2003

10. Licence charge

(1) The charge payable for a licence is as

specified in the licence.

(2) The charge may be—

(a)	a fixed sum payable on the grant of the licence; or
(b)	periodic payments of the amount and frequency specified in the licence each of which may be—

(i) a fixed sum; or

(ii)  a sum determined either in whole or in part by reference to—

(A) the turnover of the business;

or

(B) a specified index, for

example an index of prices,
costs or charges; or

(iii)  a sum determined in any other manner; or

(c) a combination of any of the charging methods specified in paragraphs (a) and (b).

11. Area of licence

(1) A licensee is permitted to perform its

functions under the licence in respect of the
area or areas specified in the licence.

(2) An area may be specified in a licence by

reference to a plan lodged at the Central Plan
Office.

(3) A retail licence may not specify an area that

is specified in, or included within an area
specified in, another retail licence of the
same type.

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 4

(4) A water headworks licence or a sewage

treatment licence may empower the licensee
to perform functions in respect of an area
outside the area or areas specified in it.

(5) No other licensee may perform functions in

respect of an area outside the area or areas
specified in its licence.

12. Variation or revocation of licence

(1) A licence or the licence conditions may be

varied—

(a)	by agreement between the Minister and the licensee; or
(b)	by a notice in accordance with sub- section (2) served on the licensee.

(2) The Minister must not vary a licence or the

licence conditions by a notice unless the
Minister has—

(a)	given the licensee notice in writing of the proposed variation; and
(b)	considered any written submission made by the licensee in response to the notice.

(3) The Minister may revoke a licence in

accordance with the procedures specified in

the licence conditions.

13.	Gazettal requirement The Minister must ensure that—
(a)	notice of the issue of a licence including—

(i) the name of the licensee;

(ii) the term of the licence;

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 4	Act No. 48/2003
(iii) licence and, if any area is specified by reference to a plan lodged at the Central Plan Office, the address of that Office and

the area or areas specified in the the identification of the plan;

(iv)  the place where a copy of the licence may be inspected;

(b) notice of a variation or revocation under section 12—

is published in the Government Gazette as soon as possible after the issue of a licence or the variation or revocation.

14. Licence not transferable
A licence is not transferable.

15. Transitional provision

(1) Despite anything to the contrary in this Act, the initial licences issued to—

(a)	City West Water Ltd, A.C.N. 066 902 467;
(b)	South East Water Ltd, A.C.N. 066 902 547;
(c)	Yarra Valley Water Ltd, A.C.N. 066 902 501—

as in force immediately before the 2003 are deemed to have been issued under this Part as in force after that commencement.

commencement of section 4 of the Water
Legislation (Essential Services

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 5

(2) This and any other Act applies to a licence specified in sub-section (1) as if it had been issued by the Minister.

(3) Without limiting sub-section (2), a licence issued in accordance with this section may be varied or revoked, or the licence

conditions may be varied, under section 12.

16.

Licensees not to represent Crown as licensees, are public authorities if all the shares in them are held by or on behalf of the State, but they do not represent the Crown.".

5. Division 2 of Part 2 repealed

Division 2 of Part 2 of the Water Industry Act

1994 is repealed.

6. Repeal of section 21A

Section 21A of the Water Industry Act 1994 is repealed.

See:

7. Amendment of section 90 of the Water Act 1989 Act No. 80/1989.

After section 90(2) of the Water Act 1989	Reprint No. 6
insert—	as at 4 April 2002
'(3) In sub-sections (1) and (2), "Authority" after the commencement of section 7 of the	and amending
Act Nos

Water Legislation (Essential Services	5/2002 (as amended by
Commission and Other Amendments) Act	No. 6/2002),
2003 does not include—	11/2002, 23/2002 and 48/2002.
(a) a Regional Urban Water Authority; or	LawToday:
(b) a Rural Water Authority—	dpc.vic. gov.au

within the meaning of section 4A of the
Water Industry Act 1994.

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 8 Act No. 48/2003

(4) Sub-sections (1) and (2) as in force before

Water Legislation (Essential Services

the commencement of section 7 of the 2003 continue to apply in respect of anything done or omitted to be done by a person who as at that commencement—

(a)

is a member of an Authority for the remainder of the current term of that member in good faith in the exercise or purported exercise of a power or the discharge of a duty under this Act or the regulations whether before or after that commencement; or

(b)

was a member of an Authority in good faith in the exercise or purported exercise of a power or the discharge of a duty under this Act or the regulations before that commencement.'.

8. Water Act 1989—new sections 120 and 121 inserted

After section 119 of the Water Act 1989 insert—

"120. Central Gippsland Region Water Authority

(1) Schedule 8 applies to the Central Gippsland Region Water Authority.

(2) The provisions of this Act (including

Schedule 1 and 2 but not including any Schedule that is expressed to apply to a specific Authority other than the Central

Gippsland Region Water Authority) apply to the Central Gippsland Region Water Authority to the extent that they are not inconsistent with Schedule 8.

(3) Nothing in Schedule 8 prevents the

application of Division 2 of Part 6 to the
Central Gippsland Region Water Authority.

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 9

121.  Validation of actions of Central Gippsland Region Water Authority in relation to waste

Anything done or purported to have been done under this Act by the Central Gippsland Region Water Authority before the commencement of section 8 of the Water Legislation (Essential Services Commission and Other Amendments) Act 2003 that would have been validly done had that section been in operation has, and is deemed always to have had, the same force and effect as it would have had if that section had been in operation.".

9. Amendment of section 247 of the Water Act 1989

Sections 247(2)(c) and 247(9) of the Water Act

1989 are repealed.

10. New Schedule 8 inserted

After Schedule 7 to the Water Act 1989 insert—

'SCHEDULE 8

Section 120(1)

CENTRAL GIPPSLAND REGION WATER

AUTHORITY

1. Definitions

In this Schedule—

"the Authority" means the Central Gippsland

Region Water Authority constituted by Order
made on 16 December 1994 by the Minister
administering the Water Act 1989 and
published in Special Gazette No. 98 on

19 December 1994;

"waste" includes—

(a) trade waste or any sewage, whether that waste or sewage is untreated, treated or partially treated; and

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

s. 11 Act No. 48/2003

(b)	any matter that is offensive or injurious to human life or health; and
(c)	any ash, coal-dust or matter that may discolour or impart discolouration to water; and
(d)	any other matter that the Authority by by-law declares to be waste.

2. Additional function of the Authority

The Authority has the function of receiving waste
from any person, whether inside or outside the
sewerage districts managed and controlled by the
Authority, for treatment or disposal by the
Authority.'.

11. Amendment of the Essential Services Commission Act 2001

(1) In section 3 of the Essential Services

Commission Act 2001, in the definition of
"empowering instrument" after paragraph (d)

insert—

"or

(e) a Water Industry Regulatory Order made under Part 1A of the Water Industry Act 1994;".

(2) After section 4(7) of the Essential Services

Commission Act 2001 insert—

"(8) This section does not apply to the regulated

water industry within the meaning of section
4A of the Water Industry Act 1994.".

12. Statute law revision

(1) For section 32F(4) of the Water Act 1989

substitute—

"(4) A person whose interests are affected by a

decision—

Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Act No. 48/2003 s. 12

(a)	of an Authority under sub-section (3) as to the amount of compensation payable; or
(b)	of a consultative committee or the Minister under sub-section (1)—

(i)  that a specified person must pay compensation; or

(ii) that no compensation is payable—

may apply to the Tribunal for review of the
decision.".

(2) For section 58(2)(c) of the Water Act 1989

substitute—

"(c) be accompanied by the application fee, if any, fixed by the Minister for that kind of licence.".

(3) Section 231(7) of the Water Act 1989 is

repealed.

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Water Legislation (Essential Services Commission and Other
Amendments) Act 2003

Endnotes Act No. 48/2003

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 10 April 2003

Legislative Council: 7 May 2003

The long title for the Bill for this Act was "to amend the Water Industry
Act 1994 to specify the role of the Essential Services Commission in
relation to the water industry, to amend the Water Act 1989 in relation to
the Central Gippsland Region Water Authority, to consequentially amend
the Water Act 1989 and the Essential Services Commission Act 2001
and for other purposes."