Water Services Coordination (Extension of Enactments) Amendment Regulations 2001 (WA)

3922 GOVERNMENT GAZETTE, WA 31 July 2001

WA302*

Water Services Coordination Act 1995

Water Services Coordination (Extension of Enactments) Amendment Regulations 2001

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Water Services Coordination (Extension of Enactments) Amendment Regulations 2001.

" a prescribed licensee ";

Note: The commencement of these regulations is governed by section 46 of the

Water Services Coordination Act 1995.

2.            The regulations amended

The amendments in these regulations are to the Water Services
Coordination (Extension of Enactments) Regulations 1997*.

[* Published in Gazette 9 May 1997, p. 2314-19.

For amendments to 28 June 2001 see 2000 Index to
Legislation of Western Australia, Table 4, p. 387.]

3.            Regulation 3 amended

Regulation 3(1) is amended as follows:

(a) in the definition of "operating area" by deleting

"SWIMCO" and inserting instead —

31 July 2001 GOVERNMENT GAZETTE, WA 3923

(b) in the definition of "prescribed licensee" by deleting "4." and inserting instead -

4(1) or (2), as the case requires;

(c) after the definition of "prescribed licensee" by inserting the following definition -

"prescribed licensee (irrigation services)" means a

licensee prescribed under regulation 4(1). IJ

4.            Regulation 4 amended

Regulation 4 is amended as follows:

(a)	before "The licensees" by inserting the subregulation designation "(1)";
(b)	by deleting "regulation" and inserting instead -

subregulation ";

(c) at the end of the regulation by inserting the following subregulation -

"

(2) The licensee specified in the Table to this subregulation

is prescribed for the purposes of Parts 1, 2 and 3 of

Schedule 2 to the Act.

Table

Hamersley Iron Pty Ltd "

5.            Regulation 5 replaced

Regulation 5 is repealed and the following regulation is inserted instead -

5.            Modification of certain enactments

(1)	In relation to a prescribed licensee (irrigation services) the enactments specified in the first column of Schedule 1 are to be read as if they had been modified in the manner described in the second column of that Schedule.
(2)	In relation to Hamersley Iron Pty Ltd, the enactments
specified in the first column of Schedule 1A are to be
read as if they had been modified in the manner
described in the second column of that Schedule. "

6.            Regulation 6 amended

(1) Regulation 6(1) is amended as follows:

(a) by deleting "Part" and inserting instead -

Division ";

3924 GOVERNMENT GAZETTE, WA 31 July 2001

(b) by inserting after "prescribed licensee" -

(irrigation services) ".

(2) Regulation 6(2) is amended by deleting "Part" and inserting
instead -

Division

(3) After regulation 6(2) the following subregulation is inserted

"

(3) In relation to Hamersley Iron Pty Ltd the following
enactments do not apply -

(a)	the provisions of the Metropolitan Water Authority Act 1982 referred to in Parts 2 and 3 of Schedule 2 to the Act;
(b)	the provisions of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909
referred to in Parts 2 and 3 of Schedule 2 to the

Act;

(c) the enactments specified in Division 3 of Schedule 2.

7.           Regulation 8 amended

(1) Regulation 8(1) is amended as follows:

(a) by inserting after "prescribed licensee" -

(irrigation services) ";

(b) by deleting "5" and inserting instead - " 5(1) ".

(2) After regulation 8(1) the following subregulation is inserted -

(la) In an enactment which applies in relation to Hamersley Iron Pty Ltd, a reference to a Schedule 1A enactment is to be read as a reference to the Schedule 1A enactment as modified by operation of regulation 5(2).

(3) Regulation 8(3) is amended by inserting after the definition of

"Schedule 1 enactment" the following definition -

"Schedule 1A enactment" means an enactment

specified in the first column of Schedule 1A;

31 July 2001 GOVERNMENT GAZETTE, WA 3925

8.            Schedule 1 amended

Schedule 1 is amended as follows:

(a) by deleting the Schedule heading and "[Regulation 5]" and inserting instead -

Schedule 1 - Modification of enactments (prescribed licensees (irrigation services))

[r. 5(1)]

(b)	by deleting the headings "Enactment" and "Modification" wherever they occur;
(c)	by deleting the heading "Water Agencies (Powers) Act 1984" and inserting the following heading instead -
Division 1 -	Water Agencies (Powers) Act 1984
(d)	before the item relating to section 34(3) of the Water Agencies (Powers) Act 1984 by inserting the following item -

33

S. 34(1)

Delete "the Commission, the respective functions under this Act or any relevant Act.", insert instead -

44

the prescribed licensee of its functions under its operating licence.

,,

(e)	by deleting the heading "Rights in Water and Irrigation
Act 1914" and inserting the following heading instead -

Division 2 - Rights in Water (111(1 Irrigation Act 1914

9.            Schedule 1A inserted

After Schedule 1 the following Schedule is inserted -

Schedule IA - Modification of enactments

(I-Ia mersley Iron Pty Ltd)

[r. 5(2)]

Division 1 -	Water Agencies (Powers) Act 1984
s. 3(1)	In paragraph (b), delete "engaged under
(definition of	section 15 of the Water Corporation
"officer")	Act 1995".

3926 GOVERNMENT GAZETTE, WA 31 July 2001

s. 3(1)	Delete "water services or by the
(definition of	Commission for the assessment, control or
"works")	management of water resources", insert instead -

providing the water services

specified in its operating licence

s. 34(1)	Delete "the Commission, the Corporation or the Coordinator of their respective functions under this Act or any relevant Act.", insert instead -
"

the prescribed licensee of its functions under its operating licence.

s. 41(1)	Delete "this Act and any relevant Act", insert instead -
44

its operating licence ".

s.70	Insert after subsection (4), the following subsections -
"

(5) Where an owner or occupier

of land wishes to make a
claim for trespass against a
prescribed licensee in respect
of the exercise of a power of
entry conferred by this Part,
the owner or occupier may
refer the claim for arbitration
in accordance with the

operating licence.

(6) On a referral under

subsection (5), the arbitrator

is to determine whether the
exercise of the power of
entry was unlawful and the
compensation (if any)
payable to the owner or

occupier.

s. 71(1)	Delete "this Act and any relevant Act", insert instead -
"

its functions under its operating

licence

s. 83(1)	Delete "this Act or a relevant Act", insert
44 instead -

its operating licence ".

31 July 2001 GOVERNMENT GAZETTE, WA 3927

s.83(2)	Delete "this Act or a relevant Act", insert
" instead -

its functions under its operating

licence

Division 2— Country Areas Water Supply Act 1947

S. 11(1)	Insert after "water reserve" in the first place where it occurs -
44

in its operating area ".

s.28(2)	Delete "a country water area', insert instead -
44

its operating area ".

s. 30(1)	Delete "a country water area", insert instead -
"

the prescribed licensee's

operating area

s. 31(1)	Delete "this Act", insert instead -
44

its operating licence ".

s.40	Delete "this Act", insert instead -
"

the prescribed licensee's

operating licence

s. 42(1)	Delete "this Act", insert instead -
44

its operating licence ".

s. 43A( 1)	Delete "a country water area", insert
" instead -

the prescribed licensee's

operating area

s. 44(1)	Delete "this Act", insert instead -
44

its operating licence ".

s. 45(4) 44 Delete "this Act", insert instead -

its operating licence ".

Division 3— Country Towns Sewerage Act 1948

s. 23 44 Delete "a sewerage area", insert instead -

its operating area ".

s. 23A(1)	Delete "a sewerage area", insert instead -
"

the prescribed licensee's
operating area

3928 GOVERNMENT GAZETTE, WA 31 July 2001

s. 25	Delete "any sewerage", insert instead — " its operating ".
s. 29(1)	Insert after "any land" — " in its operating area "
s. 31(1)	Insert after "any land" — " in its operating area ".
s. 35(1)	Delete "the area", insert instead — " its operating area ".
s. 36(1)	Insert after "any land" — " in its operating area ".
s. 41A(1)	Delete "a sewerage area", insert instead —
44

the prescribed licensee's

operating area

57.

s.46 Delete "any sewerage", insert instead —
" its operating ".

10.          Schedule 2 amended

Schedule 2 is amended as follows:

(a) 1"

by deleting the heading "Part and inserting the " Division 1 ";

(b)

by deleting the heading "Part 2" and inserting the " Division 2 ";

(c) after Division 2 by inserting the following Division —

Division 3

Country Areas Water Supply Act 1947

s. 35 s. 71(2)

Water Agencies (Powers) Act 1984

s. 62(2) s. 84(2)

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.