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TASMANIA
__________
WATER AND SEWERAGE INDUSTRY
AMENDMENT BILL 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 56L amended (Regulated entity may reduce or restrict
water supply)
6. Sections 56ZAA and 56ZAB inserted
56ZAA. Meter readers
56ZAB. Meter reader's identity card
7. Section 56ZA amended (Entry to install and read meters)
8. Section 56ZK amended (Obstruction)
9. Part 4, Division 2A, Subdivision 8 inserted
Subdivision 8 - Transitional matters - trade waste
56ZS. Interpretation
56ZT. Application of Subdivision
56ZU. Variation of certain instruments relating to trade
waste
56ZV. Determination by Regulator of applications
10. Section 96 amended (General investigative powers of officers)
11. Section 99 amended (Compensation)
12. Section 102 amended (False or misleading information)
13. Repeal of Act
[Bill 35]-XI
2
WATER AND SEWERAGE INDUSTRY
AMENDMENT BILL 2012
(Brought in by the Minister for Primary Industries and Water,
the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Water and Sewerage Industry Act 2008
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Water and
Sewerage Industry Amendment Act 2012.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Water and Sewerage Industry Act
2008* is referred to as the Principal Act.
*No. 13 of 2008
[Bill 35] 3
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4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of meter:
meter reader means a person
authorised to be a meter reader
under section 56ZAA;
(b) by omitting the definition of trade waste
and substituting the following definition:
trade waste means liquid waste
generated other than in the course
of domestic activities and
includes liquid waste generated
by any trade, industrial,
commercial, educational,
medical, dental, veterinary,
agricultural, horticultural,
scientific research or
experimental activities;
5. Section 56L amended (Regulated entity may reduce
or restrict water supply)
Section 56L of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(2A) A regulated entity, on a day that has been
declared under section 70 of the Fire
Service Act 1979 to be a day of total fire
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Water and Sewerage Industry Amendment Act 2012
Act No. of
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ban, may reduce or restrict the quantity
of water supplied to any person.
(2B) As soon as practicable after -
(a) a regulated entity becomes aware
that a day of total fire ban has
been declared under section 70 of
the Fire Service Act 1979; and
(b) the regulated entity forms the
intention to reduce or restrict the
quantity of water that may be
supplied to any person on that
day -
the regulated entity must take reasonable
steps to inform persons, situated in the
area in which the reduction or restriction
applies or is to apply, of the reduction or
restriction.
6. Sections 56ZAA and 56ZAB inserted
Before section 56ZA of the Principal Act, the
following sections are inserted in Subdivision 5:
56ZAA. Meter readers
(1) A regulated entity, by instrument in
writing, may authorise a person to be a
meter reader.
(2) A person may be authorised by a
regulated entity to be a meter reader,
whether or not the person is employed by
the regulated entity.
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Water and Sewerage Industry Amendment Act 2012
Act No. of
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(3) In the exercise of a meter reader's
powers under this Act, the meter reader
is subject to control and direction by the
relevant regulated entity.
(4) A meter reader is authorised for the
period stated in the meter reader's
instrument of authorisation.
(5) A meter reader is authorised on the
conditions specified in the meter reader's
instrument of authorisation.
(6) An authorisation of a person as a meter
reader may be revoked by the regulated
entity.
(7) In the exercise of a power under this Act,
a meter reader must do as little damage
as possible.
56ZAB. Meter reader's identity card
(1) A regulated entity must provide an
identity card to each meter reader who is
authorised by the entity.
(2) The identity card is in force for the
period specified on the card.
(3) The identity card must -
(a) contain a photograph of the meter
reader taken for the purpose; and
(b) be signed by the meter reader;
and
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(c) identify the person as a meter
reader for the relevant regulated
entity; and
(d) be signed by the chief executive
officer of the relevant regulated
entity.
(4) A meter reader must, before exercising a
power under section 56ZA that may
affect a person, produce the meter
reader's identity card for inspection on
demand by the person.
Penalty: Fine not exceeding 10 penalty
units.
7. Section 56ZA amended (Entry to install and read
meters)
Section 56ZA of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or a meter
reader" after "officer";
(b) by inserting in subsection (2) ", or a
meter reader," after "officer".
8. Section 56ZK amended (Obstruction)
Section 56ZK of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "or a meter
reader" after "agent";
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(b) by inserting in paragraph (b) "or a meter
reader" after "agent".
9. Part 4, Division 2A, Subdivision 8 inserted
After section 56ZR of the Principal Act, the
following Subdivision is inserted in Division 2A:
Subdivision 8 - Transitional matters - trade waste
56ZS. Interpretation
(1) In this Subdivision -
Miscellaneous Amendments Act
means the Water and Sewerage
Legislation (Miscellaneous
Amendments) Act 2009;
transitional consent means a relevant
instrument to which this
Subdivision applies.
(2) In this Subdivision, a relevant
instrument is -
(a) a special plumbing permit, the
terms and conditions of which are
to be taken under section 20(2) of
the Miscellaneous Amendments
Act to be the terms and
conditions of a consent granted
under section 56ZI of this Act; or
(b) a trade waste agreement, the
terms and conditions of which are
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to be taken under section 20(2)
and (3) of the Miscellaneous
Amendments Act to be the terms
and conditions of a consent
granted under section 56ZI of this
Act; or
(c) a consent that is granted under
section 56ZI of this Act pursuant
to an application to which section
20(5) of the Miscellaneous
Amendments Act applies.
56ZT. Application of Subdivision
This Subdivision applies to a relevant
instrument -
(a) that is in force immediately
before the day on which this
Subdivision commences; and
(b) that does not contain a term or
provision specifying the date on
which the relevant instrument is
to cease to be in force.
56ZU. Variation of certain instruments relating to
trade waste
(1) The terms and conditions of a transitional
consent may be varied as agreed between
the regulated entity, and the person, to
whom the consent relates.
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(2) A regulated entity may notify a person to
whom a transitional consent relates that -
(a) the person is required to enter
into negotiations in relation to the
terms and conditions of the
consent; and
(b) the person is, for that purpose, to
contact a person specified in the
notice.
(3) A notice under subsection (2) is to
include a summary of the process by
which the terms and conditions of a
transitional consent may be varied under
this Subdivision and the consequences of
the terms and conditions not being so
varied.
(4) If, before the end of the period of 3 years
after the date on which a notice is issued
under subsection (2) by a regulated entity
to a person to whom a transitional
consent relates, the regulated entity and
the person have not agreed to vary the
terms and conditions of the consent, the
regulated entity may issue a notice (a
warning notice) to the person.
(5) A warning notice to a person is a notice
stating that -
(a) the consent to which the notice
relates will cease to be in force at
the end of the period of 3 months
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after the date on which the
warning notice is issued, unless -
(i) an application is made to
the Regulator under
subsection (6); or
(ii) the person agrees to vary
the terms and conditions
of the consent so that they
are the same as, or
include, the terms and
conditions set out in the
notice; and
(b) the person may apply to the
Regulator, before the end of the
period of 14 days after the date
on which the warning notice is
issued, for the Regulator to
determine the terms and
conditions of the consent under
subsection (1).
(6) A person, before the end of the period of
14 days after a warning notice in relation
to a transitional consent is issued to the
person, may apply to the Regulator to
determine the terms and conditions that
are to be the terms and conditions of the
transitional consent to which the notice
applies.
(7) If an application is not made under
subsection (6) in relation to a transitional
consent to which a warning notice relates
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and the terms and conditions of the
consent are not varied under this
Subdivision, then, despite any provision
in the Miscellaneous Amendments Act,
at the end of the period of 3 months after
the date on which the warning notice is
issued -
(a) the transitional consent ceases to
be in force; and
(b) a regulated entity ceases to be
required to take all reasonable
steps to provide or make
arrangements for the provision, to
the area of land to which the
consent relates, of sewerage
services consisting of the removal
of trade waste; and
(c) if section 56ZS(2)(a) or
section 56ZS(2)(b) applies in
relation to the transitional
consent, the transitional consent
ceases to be a special plumbing
permit or trade waste agreement.
56ZV. Determination by Regulator of applications
(1) The Regulator, after receiving an
application under section 56ZU(6) in
relation to a transitional consent, is to
determine the terms and conditions of the
consent.
(2) The Regulator is to -
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(a) take all reasonable steps to make
a determination under
subsection (1) in relation to a
transitional consent within 12
months after having received an
application in relation to the
consent under section 56ZU(6);
and
(b) comply with the prescribed
procedures, if any, in relation to
the making of a determination
under subsection (1); and
(c) have regard to the prescribed
matters, if any, before making a
determination under
subsection (1).
(3) Despite section 20 of the Miscellaneous
Amendments Act, the terms and
conditions determined under
subsection (1) in relation to a transitional
consent are to be taken to be the terms
and conditions of -
(a) the transitional consent; and
(b) the special plumbing permit or
trade waste agreement, if any,
that is the transitional consent -
on and from the date specified in the
determination as the date on and from
which the terms and conditions are to be
in force, until the consent ceases to be in
force.
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(4) Nothing in subsection (3) affects the
application of section 56ZU(1) to a
transitional consent.
(5) The Regulator may issue a notice (a
reimbursement notice) to a regulated
entity, or a person, to whom a transitional
consent relates, if the terms and
conditions of the consent have been
determined under subsection (1).
(6) A reimbursement notice in relation to a
transitional consent is to specify that the
regulated entity, or the person, to whom
the notice is issued is required to
reimburse to the Regulator the amount
specified in the notice.
(7) The amount specified in a reimbursement
notice in relation to a transitional consent
is to be the amount that the Regulator
thinks fit of the costs that have been
reasonably incurred by the Regulator in
making a determination under
subsection (1) in relation to the
transitional consent.
(8) The Regulator may, under subsection (5),
issue to a regulated entity and a person
separate reimbursement notices in
relation to a transitional consent,
apportioning between the entity and the
person all or part of the costs that have
been reasonably incurred by the
Regulator in making a determination
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under subsection (1) in relation to the
transitional consent.
(9) An amount specified in a reimbursement
notice issued to a regulated entity or a
person under subsection (5) is a debt due
and payable to the Regulator by the
entity or person, respectively, before the
end of the period of 30 days after the
notice is issued.
10. Section 96 amended (General investigative powers
of officers)
Section 96(1) of the Principal Act is amended by
omitting "Division" and substituting "Part".
11. Section 99 amended (Compensation)
Section 99 of the Principal Act is amended by
omitting "or water and sewerage officer" and
substituting ", water and sewerage officer or
meter reader".
12. Section 102 amended (False or misleading
information)
Section 102 of the Principal Act is amended by
inserting ", a water and sewerage officer, a meter
reader" after "entity".
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Act No. of
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13. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
16 Government Printer, Tasmania