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Water and Sewerage Industry Amendment Bill 2012
Clause Notes
Clause 1 Short title
Clause 2 Commencement
This Act will commence on a day or days to be proclaimed.
Clause 3 Principal Act
The Principal Act referred to is the Water and Sewerage Industry
Act 2008.
Clause 4 Section 3 amended (Interpretation)
This clause inserts a new definition to define "meter reader" and
substitutes a new definition for "trade waste" which clarifies that
institutions including medical, educational and scientific may be trade
waste customers.
Clause 5 Section 56L amended (Regulated entity may reduce or restrict water
supply)
This clause relaxes the requirement for a regulated entity to advertise, in
a local newspaper, a water restriction on a day of total fire ban, prior to
the restriction being imposed. However, the clause does require a
regulated entity to take reasonable steps to advise its customers that the
restriction is in place. This clause will ensure that a regulated entity can
work effectively with the State Fire Commission to ensure that adequate
water pressure is available for fire fighting and ensure that water use
restrictions applied on days of total fire ban can be enforced by regulated
entities.
Clause 6 Sections 56ZAA and 56ZAB inserted
56ZAA. Meter readers
This sub-clause provides that regulated entities may authorise water
meter readers, who are not direct employees of the regulated entity, to
read water meters. The sub-clause ensures meter readers are under the
control and direction of the regulated entity while they undertake meter
reading activities, and requires them to comply with any conditions
specified in their instrument of authorisation. The sub-clause also
provides that the regulated entity may revoke a meter reader's
authorisation, and that the meter reader must do as little damage as
possible when exercising its power under the Act.
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56ZAB. Meter reader's identity card
This sub-clause provides that a meter reader must be provided with an
identity card by the regulated entity. The identity card must identify the
meter reader, contain a photo of the meter reader, identify the regulated
entity which authorised the reader, and must be signed by the CEO of the
regulated entity and the meter reader.
A meter reader must produce their identity card for inspection upon
demand before or while entering on private land. A meter reader may
receive a fine if he/she does not comply with this requirement.
Clause 7 Section 56ZA amended (Entry to install and read meters)
This clause includes a reference to meter readers in section 56ZA of the
Principal Act. This will provide meter readers with the power to enter on
land to read water meters (and potentially to undertake work on water
meters and examine water or sewerage systems).
Entry on land may only occur between 7am and 7pm, unless the
regulated entity considers that an emergency exists which requires entry
outside those hours.
Clause 8 Section 56ZK amended (Obstruction)
This clause includes a reference to meter readers in section 56ZK of the
Principal Act. This makes it an offence to, without reasonable excuse,
obstruct, threaten or intimidate a water meter reader.
Clause 9 Part 4, Division 2A, Subdivision 8 inserted
This clause inserts a new subdivision into the Principal Act. The effect of
the inserted sections is to provide a mechanism for regulated entities to
initiate the re-negotiation of the terms and conditions of particular trade
waste agreements. The agreements that can be re-negotiated through
this mechanism include those that were inherited from local councils with
no end dates, and hence no specified time for review and amendment.
Subdivision 8 Transitional matters trade waste
56ZS. Interpretation
This section defines as "transitional consents", as those instruments to
which the new subdivision relates. It identifies the instruments as special
plumbing permits for trade waste discharge and trade waste agreements,
which were applied for and/or granted by local authorities and transferred
to the regional water and sewerage corporations on 1 July 2009. It further
defines the instruments as those which are taken to be consents under
section 56ZI of the Principal Act.
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56ZT. Application of Subdivision
This clause provides that the new subdivision (Subdivision 8) only applies
to those instruments identified in the new section 56ZS that are in force
immediately before the commencement of this subdivision and that do 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
Subsection (1) provides that the terms and conditions of transitional
consents may be varied.
Subsections (2) and (3) clarify that a regulated entity may initiate the
process to vary the terms and conditions by issuing a notice which must
contain a summary of the process and include information about the
consequences of failing to vary the terms and conditions.
Subsections (4) and (5) provide that, if an agreement to vary the terms
and conditions of a transitional consent is not reached within three years
of the notification under subsection (2) then the regulated entity may issue
a warning notice. The warning notice warns that the transitional consent
will expire in three months unless the person agrees to vary the
transitional consent in line with the terms and conditions specified in the
notice, or applies to the Economic Regulator, within 14 days of the date of
issue of the warning notice, to have the terms and conditions of the
consent determined by the Economic Regulator.
Subsection (6) provides for the trade waste customer to apply to the
Economic Regulator, within 14 days of receiving the warning notice, to
seek a determination on terms and conditions of a revised agreement.
Subsection (7) sets out that if the terms and conditions of the transitional
consent are not varied and there is no application made to the Economic
Regulator, then the transitional consent (and the original special plumbing
permit or trade waste agreement) ceases to be in force three months after
the date on the warning notice and the regulated entity no longer is
obliged to provide a liquid trade waste service to the relevant property.
56ZV. Determination by Regulator of applications
Subsection (1) provides the power for the Economic Regulator to
determine the terms and conditions of a transitional consent.
Subsection (2) sets a 12 month period within which the Economic
Regulator must attempt to make a determination on a transitional
consent's terms and conditions and requires the Economic Regulator to
comply with any relevant regulations when making a determination.
Subsection (3) provides the power for the terms and conditions
determined by the Economic Regulator to replace the original terms and
conditions of the transitional consent.
Subsection (4) sets out that even where the Economic Regulator
determines the terms and conditions of a transitional consent, the
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regulated entity and relevant customer may agree terms and conditions.
Subsections (5) to (9) provide the power for the Economic Regulator to
have its costs reimbursed by the regulated entity and/or the trade waste
customer.
Clause 10 Section 96 amended (General investigative powers of officers)
This clause amends section 96(1) of the Principal Act by substituting the
word "Part" for the word "Division".
Clause 11 Section 99 amended (Compensation)
This clause ensures that meter readers are liable to pay compensation to
the owner of any land in respect of which they have exercised a power
under the Principal Act, for direct loss or damage they cause to property
as a result of using that power, unless the damage arises from an
investigation which reveals that the property owner has contravened the
Principal Act.
Clause 12 Section 102 amended (False or misleading information)
This clause inserts the words "a water and sewerage officer" and "a meter
reader" into section 102 of the Principal Act. This makes it an offence for a
person to furnish false or misleading information to a water meter reader
(in addition to the Minister, the Treasurer, the Regulator, a regulated entity
and an authorised officer).
This clause also corrects the oversight which failed to make it an offence
to provide false or misleading information to a water and sewerage officer.
Clause 13 Repeal of Act
This clause repeals this Act on the three hundred and sixty fifth day from
the day on which all the provisions of this Act commence.
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