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WATER AND SEWERAGE (MISCELLANEOUS AMENDMENTS)
BILL 2009
NOTES ON CLAUSES
PART 1 - PRELIMINARY
Clause 1 Short title.
Clause 2 Provides for the commencement of different parts of the Bill
variously on 30 June 2009 and 1 July 2009.
PART 2 WATER AND SEWERAGE INDUSTRY AMENDMENT
ACT 2008 AMENDED
Clause 3 Establishes the Water and Sewerage Industry Amendment
Act 2008 as the Principal Act.
Clause 4 Amends section 7 of the Principal Act by adding a new definition
and inserting a new subdivision 2A, which deals with consent by
the regulated entities to building and plumbing works affecting their
infrastructure.
Subdivision 3 Planning Referrals (Amended)
Clause 4 inserts the definition of "relevant regulated entity" at
clause 56N for the purpose of planning referrals, which specifies
the regulated entity that provides the service(s) to the area.
Subdivision 3A Building and plumbing works certificates
This subdivision ensures that where a person is seeking to
undertake building or plumbing works that may affect the interests
of a regulated entity, they must gain the consent of the relevant
regulated entity. Specifically, section 3A prescribes:
· that a permit authority cannot determine a permit for
building or plumbing work without, where required, the
regulated entity's consent to the works;
· the process for obtaining the regulated entity's consent for
relevant building or plumbing works;
· that a certificate of compliance is required from the
regulated entity for completed building or plumbing works it
has given its initial consent;
· the appeal process through which clients, dissatisfied with a
regulated entity's decision, may seek recourse through the
Appeal Board; and
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· that the regulated entity may develop a policy to exclude
applications for types of building or plumbing work from
requiring the entity's consent.
Clause 56TA Defines various terms in Subdivision 3A.
Clause 56TB Sets out the requirements of the regulated entity in regard to water
and sewerage-related building and plumbing work (certifiable
work) and the need to gain consent from the regulated entity to do
such work.
Clause 56TB(1) Provides that a permit authority must not grant a building permit,
unless, where required, a certificate of certifiable work (building)
has been granted by a relevant regulated entity.
Clause 56TB(2) States that a permit authority must not grant a plumbing permit,
unless, where required, a certificate of certifiable work (plumbing)
has been granted by a relevant regulated entity.
Clause 56TB(3) Allows an owner or agent to apply for a certificate of certifiable
work (building) or certificate of certifiable work (plumbing), in
respect of the owner's building or land.
Clause 56TB(4) Establishes that an application under subsection (3) must be
submitted in the form, and with all accompanying documentation
and information, as specified by the regulated entity.
Clause 56TB(5) Provides a regulated entity must make a decision concerning an
application for a certificate for certifiable plumbing or building work
within 10 and 14 days respectively, of receiving the application.
Clause 56TB(6) Provides that, if further information is required from an applicant
concerning their application, the regulated entity is to make a
request in writing for this information and is to do so with within
seven days of receiving the application.
Clause 56TB(7) If a regulated entity requires further information from an applicant
concerning their application, the period that an entity has to
determine an application under subsection (5), will not continue to
run.
Clause 56TC Establishes the regulated entity's powers in regard to the granting
or refusal of a certificate for certifiable building or plumbing work.
Clause 56TC(1) Allows a regulated entity to accept or refuse an application made
to it in regard of certifiable work and establishes the methods by
which the entity can make its decision known to the applicant.
Clause 56TC(2) Provides that a regulated entity may specify conditions on a
certificate.
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Clause 56TC(3) Establishes that if the application was made in regard to building
work then only a certificate for certifiable work (building) can be
issued.
Clause 56TC(4) Establishes that if the application was made in regard to plumbing
work then only a certificate for certifiable work (plumbing) can be
issued.
Clause 56TC(5) Sets out that a regulated entity may only refuse to grant a
certificate of certifiable work, if the work would have a negative
impact on the entity or does not comply with the entity's
connections policy.
Clause 56TC(6) Clarifies the circumstances in which a regulated entity could
assess that certifiable work would impact negatively.
Clause 56TC(7) Sets out the information to be included in a notice of refusal to an
applicant and the applicant's right to appeal the decision through
the Appeal Board.
Clause 56TD Provides that a certificate of water and sewerage compliance is
required before a certificate of completion for building work or
plumbing work may be issued by the permit authority.
Clause 56TD(1) Prohibits a permit authority from granting a certificate of
completion for building work unless, where required, the regulated
entity has first issued a certificate of water and sewerage
compliance (building).
Clause 56TD(2) Prohibits a permit authority from granting a certificate of
completion work (plumbing) unless, where required, the regulated
entity has first issued a certificate of compliance (plumbing).
Clause 56TD(3) Allows an owner or agent to apply to a regulated entity for a
certificate of compliance, in respect of the owner's building or land
after the completion of certifiable work.
Clause 56TD(4) Allows an entity to accept or refuse an application made to it in
regard of a certificate for certifiable work and establishes the
methods by which the entity can make its decision known to the
applicant.
Clause 56TD(5) If the application was made in regard to building work, then only a
certificate of water and sewerage compliance (building) is to be
issued.
Clause 56TD(6) Establishes that if the application was made in regard to plumbing
work, then only a certificate for water and sewerage compliance
(plumbing) must be issued.
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Clause 56TD(7) Provides that a regulated entity may only grant a certificate of
water and sewerage compliance (building) if the entity is satisfied
the work has been completed in accordance with the consent
issued.
Clause 56TD(8) Provides that a regulated entity may grant a certificate of water
and sewerage plumbing compliance, only if the entity is satisfied
the work has been completed in accordance with the consent
issued.
Clause 56TD(9) Outlines the information to be included in a notice of refusal to an
applicant and the applicant's right to appeal the decision to the
Appeal Board.
Clause 56TE Sets out the appeal process to the Appeal Board for appeals
against a regulated entity's decision under this subdivision.
Clause 56TE(1) Allows an applicant to appeal a regulated entity's decision within
14 days of receiving notice, if the entity does not make a decision
in the time period given, or if the entity refuses an application, or
grants a certificate subject to conditions.
Clause 56TE(2) Provides that a regulated entity may make a determination at any
time prior to an appeal being heard in respect of an application,
which it did not determine in the time allowed.
Clause 56TE(3) Specifies that Part 12 of the Building Act 2000 applies to an appeal
under this section.
Clause 56TE(4) Provides a person aggrieved with a decision made by the Appeal
Board may seek recourse by making an appeal to the Magistrates
Court (Administrative Appeals Division).
Clause 56TF Provides that a regulated entity may develop a policy to exclude
types of building or plumbing work that affect the regulated entity's
interests from requiring the entity's consent.
Clause 56TF(1) Allows the regulated entity to develop a policy that specifies types
of building or plumbing work where consent of the entity is not
required.
Clause 56TF(2) Establishes that the entity must consult with the relevant councils
and other relevant persons when preparing a policy under
subsection (1).
Clause 56TF(3) Requires the entity to publish a copy of any policy developed
under subsection (1) on its website.
Clause 56TF(4) Establishes that any policy developed under subsection (1) will
come into force on the day that it is published on the regulated
entity's website.
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PART 3 BUILDING ACT 2000 AMENDED
Clause 5 Establishes the Building Act 2000 as the Principal Act in respect of
the amendments in this Part.
Clause 6 Amends section 3 (1) of the Principal Act to define "sewerage
system" and "approved disposal system".
Clause 7 Amends section 77 (a)(i) of the Principal Act by providing that a
special plumbing permit is required for the installation of a fixture or
appliance that has been approved for the disposal of trade waste
into an approved disposal system.
The clause also removes the requirement for a special plumbing
permit for trade waste discharge to the sewers of a regulated entity
as this is provided for under the Water and Sewerage Industry
Amendment Act 2008.
Clause 8 Amends section 112 (3)(c) of the Principal Act to specify that a
permit authority may issue a certificate of completion for building
work, only if, amongst other requirements, a certificate of water and
sewerage compliance (building) has been granted by a regulated
entity.
Clause 9 Amends section 113(3) of the Principal Act to specify that a permit
authority may issue a certificate of completion for plumbing work,
only if, amongst other requirements, a certificate of water and
sewerage compliance (plumbing) has been issued by a regulated
entity.
Amends section 113(4) of the Principal Act to establish that a permit
authority may refuse to grant a certificate of completion for plumbing
work if, a certificate of water and sewerage compliance work
(plumbing) has been refused under 56TD of the Water and
Sewerage Industry Act 2008.
Clause 10 Amends section 204(a) of the Principal Act to provide that the
Building Appeal Board can hear appeals in relation to subdivision
3A of the Water and Sewerage Industry Act.
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PART 4 LOCAL GOVERNMENT (BUILDING AND
MISCELLANEOUS PROVISIONS) ACT 1993 AMENDED
Clause 11 Establishes the Local Government (Building and Miscellaneous
Provisions) Act 1993 as the Principal Act.
Clause 12 Amends section 83 of the Principal Act to include a new subsection
(7) and (8).
The inserted subsection (7) provides that a council may require a
final plan of a subdivision to note that a regulated entity, either
cannot, or will not, supply water services or sewerage services to
the block.
The inserted subsection (8) specifies that a notification on a plan of
subdivision made under subsection (7) is to be treated as if it were
an easement granted for the benefit of the regulated entity until such
time as it is removed upon the direction of the entity.
PART 5 WATER AND SEWERAGE CORPORATIONS ACT 2008
AMENDED
Clause 13 This clause refers to the Water and Sewerage Corporations
Act 2008 as the Principal Act for this Part.
Clause 14 This clause amends section 41 by substituting subsections (3) and
(4) to specify the effective date of a transfer order and to require the
transferor to take all reasonable steps to enable the terms of the
order to be met on the day it takes effect.
Clause 15 This clause inserts section 44A which provides for the transfer of
interests in part, or parts, of land under the provisions of Part III of
the Act.
This amendment will enable the transfer of appropriately sized
individual land holdings to the new water and sewerage
corporations that reflect the agreed position between councils and
the new water and sewerage corporations. Without this
amendment, Councils will only be able to transfer entire land
holdings and not just the parts specifically involved in water and
sewerage activities.
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PART 6 - VALIDATION
Clause 16 This clause provides that a licence, when referred to in Column 2 of
Schedule 1, is considered to have been validly granted under the
Water Management Act 1999 when granted to the corresponding
local authority, identified in Column 1.
This clause also provides that, if a licence was granted for less than
a period of 50 years, it is to be taken to have been granted for a
period of 50 years from the day on which it was granted.
PART 7 TRANSITIONAL PROVISIONS
Clause 17 Defines "commencement day" as the day that this Act comes into
force.
Clause 18 This clause provides that where an application for a permit under
the Land Use Planning Approvals Act 1993 has been submitted but
not determined by 1 July 2009, the planning authority must consult
with the regulated entity, where appropriate, before determining the
application.
Clause 19 This clause provides that where an application for a permit under
the Building Act 2000 has been submitted but not determined by
1 July 2009, the permit authority must consult with the regulated
entity, where appropriate, before determining the application.
Clause 20 This clause provides that where a special plumbing permit for trade
waste discharge was issued prior to 1 July 2009, the permit is taken
to be a consent granted by the relevant regulated entity.
The clause also provides that special plumbing permit applications
for trade waste discharge that were submitted to a permit authority
prior to 1 July 2009, but which were not determined by 1 July 2009
are to be referred to the relevant regulated entity to determine.
Clause 21 This clause ensures that a regulated entity will honour any water or
sewerage related obligations in relation to any building, plumbing or
special plumbing permit in force prior to 1 July 2009 or issued after
1 July 2009 to which clause 19 applies.
This clause also ensures that a regulated entity will honour any
water or sewerage related provisions in relation to any planning
permit or agreement in force prior to 1 July 2009 or issued after
1 July 2009 to which clause 18 applies.
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Clause 22 This clause provides that where permits or agreements are in force
prior to 1 July 2009 and which have terms and conditions relevant to
the provision of water and sewerage services, the person to whom
the permit was granted is taken to have entered into a customer
contract in relation to those terms and conditions with the relevant
regulated entity. This also applies to permits or agreements issued
after 1 July 2009 to which clauses 18 and 19 apply.
Clause 23 This clause provides that the Minister for Primary Industries and
Water may, by notice, extend any timeline in the Water and
Sewerage Industry Act 2008, for up to 30 days. A notice issued
under this section has no effect after 12 months after the day on
which this section comes into force.