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TASMANIA
__________
WATER AND SEWERAGE INDUSTRY
(CONSEQUENTIAL AND TRANSITIONAL)
AMENDMENT BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 substituted
2. Commencement
5. Section 3 substituted
3. Consequential amendments
6. Section 5 amended
7. Section 6 inserted
6. Transitional provisions - charging
[Bill 10]-XI
2
WATER AND SEWERAGE INDUSTRY
(CONSEQUENTIAL AND TRANSITIONAL)
AMENDMENT BILL 2009
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Water and Sewerage Industry
(Consequential and Transitional) 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 (Consequential and
Transitional) Amendment Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 10] 3
Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
Act No. of
s. 3
3. Principal Act
In this Act, the Water and Sewerage Industry
(Consequential and Transitional) Act 2008* is
referred to as the Principal Act.
4. Section 2 substituted
Section 2 of the Principal Act is repealed and the
following section substituted:
2. Commencement
(1) This section commences on the day on
which the Water and Sewerage
(Consequential and Transitional)
Amendment Act 2009 commences.
(2) Section 3 and Schedule 1 commence on a
day to be proclaimed.
(3) Section 4 and Schedule 2 commence on a
day to be proclaimed.
(4) Section 5 commences on a day to be
proclaimed.
(5) Section 6 commences on a day to be
proclaimed.
*No. 52 of 2008
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Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
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5. Section 3 substituted
Section 3 of the Principal Act is repealed and the
following section substituted:
3. Consequential amendments
(1) Schedule 1 has effect.
(2) Where a provision of Schedule 1 inserts,
amends, repeals, or substitutes, a
provision of an Act, that provision of that
Act is inserted, amended, repealed, or
substituted, as specified in the provision
of Schedule 1, on the day on which the
provision of Schedule 1 is proclaimed to
take effect.
(3) A proclamation under subsection (2) may
be combined with a proclamation under
section 2(2).
6. Section 5 amended
Section 5 of the Principal Act is amended by
omitting subsection (6).
7. Section 6 inserted
After section 5 of the Principal Act, the
following section is inserted:
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Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
Act No. of
s. 7
6. Transitional provisions - charging
(1) In this section -
"local authority" means a local
authority within the meaning of
the Sewers and Drains Act 1954;
"local government amendments"
means the amendments to the
Local Government Act 1993 that
are specified in Schedule 1;
"relevant authority" means -
(a) a council; or
(b) a bulk water authority,
within the meaning of the
Water and Sewerage
Corporations Act 2008,
established as a joint
authority under the Local
Government Act 1993;
"sewers amendments" means the
amendments to the Sewers and
Drains Act 1954 that are
specified in Schedule 1;
"trade effluent charge" means a
charge, for the carrying off and
disposal of deleterious effluents,
that was fixed and that applied
under Part X of the Sewers and
Drains Act 1954, as in force
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Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
Act No. of
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immediately before the sewers
amendments took effect;
"trade effluent service" means a
regulated service for which a
trade effluent charge could have,
but for the sewers amendments,
been imposed;
"transitional period", in relation to a
customer of a regulated entity for
a regulated service, means the
period -
(a) beginning on the day on
which the local
government amendments
take effect; and
(b) ending on the day on
which the person -
(i) is taken under
section 60(2) of
the Water and
Sewerage Industry
Act 2008 to have
entered into a
customer contract
in relation to the
regulated service;
or
(ii) enters into a
contract under
section 61 of the
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Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
Act No. of
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Water and
Sewerage Industry
Act 2008 in
relation to the
regulated service;
or
(iii) ceases to be a
customer of the
entity;
"transitional service charge", for a
billing period in respect of a
regulated service in relation to a
customer of a regulated entity,
means the amount, calculated by
reference to the service charge or
volumetric charge made under
section 94 or 94A of the Local
Government Act 1993 in respect
of the regulated service for the
2008-2009 financial year, that the
customer would have been liable
to pay to a relevant authority for
the regulated service for the
billing period if -
(a) the local government
amendments had not
taken effect; and
(b) the amount of the service
charge or volumetric
charge had remained the
same for the financial
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Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
Act No. of
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year in which the person
is a customer of the
regulated entity; and
(c) the customer had been a
customer of the relevant
authority at the time the
charge was payable;
"transitional service rate", in relation
to a regulated service in respect
of a customer of a regulated
entity, means the amount of the
service rate made under section
93 of the Local Government Act
1993 in respect of the regulated
service for the 2008-2009
financial year that the customer
would have been liable to pay to
a relevant authority for the
regulated service if -
(a) the local government
amendments had not
taken effect; and
(b) the amount of the service
rate had remained the
same for the financial
year in which the person
is a customer of the
regulated entity; and
(c) the customer had been a
customer of the relevant
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Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
Act No. of
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authority at the time the
rate was payable.
(2) Unless the contrary intention appears or
the expression is defined in
subsection (1), an expression used in this
section has the same meaning as it has in
the Water and Sewerage Industry Act
2008.
(3) If, but for the local government
amendments, a relevant authority could
have, under the Local Government Act
1993, issued to a person a notice
requiring the person to pay a volumetric
charge for water supplied to the person
during a period before the amendments
take effect, then, despite the
amendments -
(a) the relevant authority may issue
the notice to the person under that
Act; and
(b) the person is liable to pay to the
relevant authority the charge
specified in the notice, on the day
specified in the notice as the day
on which the person is liable to
pay the charge; and
(c) the charge may be recovered
under that Act -
as if the amendments had not taken
effect.
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Water and Sewerage Industry (Consequential and Transitional)
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(4) Despite the sewers amendments and the
local government amendments, if a
person would have, but for the sewers
amendments, been liable to pay to a local
authority a trade effluent charge for
services provided before those
amendments take effect, then -
(a) on the day specified, in a notice
given to the person by the local
authority, as the day on which the
person is liable to pay to the local
authority the charge specified in
the notice, the person is liable to
pay the charge to the local
authority; and
(b) the charge may be recovered in
the same way as the charge could
have been recovered if the sewers
amendments and the local
government amendments had not
taken effect.
(5) A customer of a regulated entity in
respect of a regulated service -
(a) may be charged by the entity, for
a billing period, within the
transitional period in respect of
the customer, that is specified in a
notice given to the customer by
the regulated entity, the
chargeable amount specified in
the notice; and
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Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
Act No. of
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(b) is liable to pay to the entity the
chargeable amount, or a part of
the chargeable amount, on the
day specified in the notice as the
day on which the customer is
liable to pay that amount or the
part of the amount.
(6) For the purposes of subsection (5), the
chargeable amount for a billing period in
respect of a regulated service (other than
a trade effluent service) in relation to a
customer is the amount (as the
chargeable amount is varied, if at all,
under subsection (9)) equal to the total
of -
(a) the transitional service charge, if
any, in relation to the service for
the billing period; and
(b) the relevant proportion of the
transitional service rate, if any, in
relation to the service.
(7) For the purposes of subsection (6)(b), the
relevant proportion of a transitional
service rate for a billing period is, for
each day within the billing period, the
amount equivalent to 1/365th of the
amount of the rate.
(8) For the purposes of subsection (5), the
chargeable amount for a billing period in
respect of a regulated service that is a
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Water and Sewerage Industry (Consequential and Transitional)
Amendment Act 2009
Act No. of
s. 7
trade effluent service provided to a
customer is the amount of the trade
effluent charge that the customer would
have been liable to pay for the billing
period if the sewers amendments had not
taken effect, as that chargeable amount is
varied, if at all, under subsection (9).
(9) For the purposes of subsections (6) and
(8), if an interim order is made under
section 88 of the Water and Sewerage
Industry Act 2008 in relation to a
regulated service, the chargeable amount
for a billing period may be varied so as to
reflect the charges that may be imposed
on the customer in accordance with the
interim order.
(10) A chargeable amount may only be varied
under subsection (9) in respect of so
much of a billing period as arises after
the making of the order pursuant to
which the variation is made.
Government Printer, Tasmania 13