Water Agencies (Infringements) Regulations 1994 (WA) (CKI) Amendment Regulations 2004 (No. 1) (CKI)

Overview

The Territory of Cocos (Keeling) Islands Water Agencies (Infringements) Regulations 1994 (WA) (CKI) Amendment Regulations 2004 (No. 1) were enacted to amend existing infringement regulations pertaining to water agencies on the Cocos (Keeling) Islands. This legislative instrument was introduced to address any identified gaps or issues in the enforcement and administration of water-related by-laws on the islands. The Regulations were made under the authority of the Water Agencies (Powers) Act 1984 (WA) (CKI) and were enacted by Ian Campbell, the Minister for Local Government, Territories and Roads, on 23 April 2004. The primary objective of these amendments is to clarify and refine the roles and responsibilities of authorised, designated, and prescribed persons in the enforcement of water restrictions by-laws, thereby ensuring more effective governance and compliance within the Territory.

Scope and Application

The Water Agencies (Infringements) Regulations 1994 (WA) (CKI) Amendment Regulations 2004 (No. 1) pertains to the Cocos (Keeling) Islands and amends the original Water Agencies (Infringements) Regulations 1994 (WA) (CKI). These regulations apply to persons who are authorised, designated, or prescribed under the Water Agencies (Powers) Act 1984 (WA) (CKI), specifically in relation to the giving of infringement notices for alleged offences under the Water Agencies (Water Restrictions) By-laws 1998 (WA) (CKI). The amendment regulates who can perform specific duties, such as issuing infringement notices, by defining terms like 'authorised person', 'designated person', and 'prescribed person'. These definitions are integral to the enforcement of water restrictions and management of water resources within the Territory of Cocos (Keeling) Islands. The regulations come into effect on the date of their notification in the Gazette and modify the original regulations to clarify and potentially expand or restrict the application of the powers outlined in the Act.

Key Provisions

The Water Agencies (Infringements) Regulations 1994 (WA) (CKI) Amendment Regulations 2004 (No. 1) (referred to as the Regulations) amend the existing Water Agencies (Infringements) Regulations 1994 (WA) (CKI). Section 3 of these Regulations specifies that the amendments are detailed in Schedule 1. The Regulations come into effect on the date they are notified in the Gazette. Regulation 5 in Schedule 1 revises the definitions of 'authorised person', 'designated person', and 'prescribed person' under the Water Agencies (Powers) Act 1984 (WA) (CKI). The Regulations impose specific obligations on certain individuals and entities. An 'authorised person' is defined as someone authorised by a prescribed person to issue an infringement notice for alleged offences under the Water Agencies (Water Restrictions) By-laws 1998 (WA) (CKI). The 'designated person' is identified as the Facilities Manager, Water Corporation, Cocos (Keeling) Islands. Meanwhile, a 'prescribed person' is defined as either the person performing the duties of Assistant Secretary, Territories Branch of the Department of Transport and Regional Services, or the Administrator, as defined in the Administration Ordinance 1975. Failure to comply with the provisions of these Regulations could result in various civil or criminal consequences. While the specific offences, penalties, or consequences are not detailed in the text provided, breaches of regulations often carry fines or other penalties as stipulated by the relevant acts or ordinances. For instance, infringement notices issued for breaches of water restrictions can incur financial penalties. The exact penalties would be in line with the Water Agencies (Water Restrictions) By-laws 1998 (WA) (CKI), which would specify the amount and nature of penalties for non-compliance.