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This is a Bill, not an Act. For current law, see the Acts databases.


KAMBALDA WATER AND WASTEWATER FACILITIES (TRANSFER TO WATER CORPORATION) BILL 2004

                       Western Australia


Kambalda Water and Wastewater Facilities
(Transfer to Water Corporation) Bill 2004

                          CONTENTS


      Part 1 -- Preliminary
1.    Short title                                               2
2.    Commencement                                              2
3.    Terms used in this Act                                    2
4.    Kambalda area defined                                     3
5.    Kambalda Water and Wastewater Facilities described        3
      Part 2 -- Transfer to the Water
           Corporation
      Division 1 -- Transfer of facilities and certain
             rights
6.    Ownership of facilities                                   5
7.    Rights to payment for services provided                   5
8.    Other rights                                              5
9.    Liabilities not to pass                                   6
      Division 2 -- Incidental and related matters
10.   Pipes and other things taken to have been put in place
      by the Water Corporation                                  6
11.   Compensation not payable                                  7
12.   Recovery of amounts owing for services provided           7
      Division 3 -- Transitional provisions
13.   Licences and other authorities under written laws         8
14.   Completion of things commenced                            9




                            350--1                              page i
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
Bill 2004



Contents


           Part 3 -- Notifications on title as to
                location of pipes and works
   15.     Terms used in this Part                                10
   16.     Steps to be taken for recording of notifications       10
   17.     Exception where land is not a lot                      11
   18.     Wording of notification                                12
   19.     Recording of notification                              12
   20.     Replacement of deposited plans and notifications       13
   21.     Amendment or removal of notification                   13
   22.     Cost of complying with section 16(1) and (2)           14
           Part 4 -- General
   23.     Agreements on incidental matters                       15
   24.     Saving                                                 15
   25.     Further provision may be made by regulation            16
           Schedule 1 -- Kambalda area                             17
           Division 1 -- Plan of Kambalda area                     17
           Division 2 -- Map Grid of Australia coordinates         18

           Schedule 2 -- Treated wastewater
               pipeline                                           22

           Defined Terms




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



   Kambalda Water and Wastewater Facilities
   (Transfer to Water Corporation) Bill 2004


                               A Bill for

An Act --
•  to transfer ownership of the Kambalda Water and Wastewater
   Facilities and certain associated rights to the Water
   Corporation;
•  to apply section 84 of the Water Agencies (Powers) Act 1984 to
   pipes and other things that are part of those facilities; and
•  to make incidental and related provisions.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
     Bill 2004
     Part 1        Preliminary

     s. 1


                            Part 1 -- Preliminary
     1.       Short title
              This Act may be cited as the Kambalda Water and Wastewater
              Facilities (Transfer to Water Corporation) Act 2004.

5    2.       Commencement
              This Act comes into operation on a day fixed by proclamation.

     3.       Terms used in this Act
              In this Act --
              "commencement day" means the day on which this Act comes
10                into operation;
              "coordinates" means Map Grid of Australia 1994 grid
                  coordinates in Zone 51 of the Universal Transverse
                  Mercator Grid System based on the Geocentric Datum of
                  Australia;
15            "Kambalda area" has the meaning given by section 4;
              "Kambalda Water and Wastewater Facilities" or "the
                  transferred facilities" has the meaning given by section 5;
              "pipe" means a main, reticulation or service pipe used for water
                  supply or sewerage services, and includes --
20                (a) any plug, stop-cock, water-cock, syphon, branch or
                        apparatus used in connection with such pipe; and
                  (b) any part of a pipe;
              "Water Corporation" means the Water Corporation
                  established by section 4 of the Water Corporation
25                Act 1995;
              "WMC Resources Ltd" means the company incorporated
                  under the Corporations Act 2001 of the Commonwealth as
                  WMC Resources Ltd (ACN 004 184 598);
              "works" includes excavations, buildings, structures, plant and
30                equipment.

     page 2
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                                    Bill 2004
                                                   Preliminary         Part 1

                                                                               s. 4


     4.         Kambalda area defined
          (1)   The Kambalda area is the area defined by notional straight lines
                on the surface of the Earth connecting the points identified by
                numbers on the plan in Schedule 1 Division 1 starting at point
5               number 1, moving in a clockwise direction and ending at that
                point.
          (2)   The position on the surface of the Earth of a numbered point
                referred to in subsection (1) is to be determined by reference to
                the coordinates specified in the second and third columns in
10              Schedule 1 Division 2 opposite the number.

     5.         Kambalda Water and Wastewater Facilities described
          (1)   In this section --
                "fitting", "fixture" and "sewer" have the meanings given by
                     section 3 of the Water Agencies (Powers) Act 1984;
15              "headworks" and "reticulation" have the meanings given by
                     section 65 of the Water Agencies (Powers) Act 1984;
                "sewerage works" means sewers and --
                      (a) all headworks, reticulation works and other works;
                            and
20                    (b) all pipes, meters and things,
                     connected with any sewer;
                "treated wastewater pipeline" means the pipeline that starts at
                     or near the point fixed by the coordinates 373008.84E /
                     6548603.23N and ends at or near the point fixed by the
25                   coordinates 371239.69E / 6546413.50N, as shown by the
                     coordinates specified on the plan in Schedule 2;
                "water works" means all works for the supply, storage and
                     distribution of water, including headworks, reticulation
                     works, pipes, meters and things that are part of such works.




                                                                            page 3
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
     Bill 2004
     Part 1        Preliminary

     s. 5


        (2)   The Kambalda Water and Wastewater Facilities ("the
              transferred facilities") comprise --
                (a) the water works; and
                (b) the sewerage works,
5             located within the Kambalda area that immediately before the
              commencement day were maintained or operated by WMC
              Resources Ltd to provide water supply and sewerage services
              within that area.
        (3)   The transferred facilities do not include --
10             (a)   the treated wastewater pipeline; and
               (b)   any --
                        (i) water pipe or water supply fixture or fitting
                             downstream from the meter assembly on a lot or
                             parcel of land in the Kambalda area; or
15                     (ii) sewer pipe or sewerage fixture or fitting located
                             on such a lot or parcel,
                     being a pipe, fixture or fitting that services only the lot
                     or parcel concerned.




     page 4
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                                    Bill 2004
                             Transfer to the Water Corporation         Part 2
                         Transfer of facilities and certain rights Division 1
                                                                          s. 6


                Part 2 -- Transfer to the Water Corporation
                Division 1 -- Transfer of facilities and certain rights
     6.           Ownership of facilities
                  On the commencement day --
5                   (a)   the ownership of the Kambalda Water and Wastewater
                          Facilities is by virtue of this section transferred to the
                          Water Corporation; and
                   (b)    any claim, right, title or interest of any other person in
                          respect of --
10                           (i) the transferred facilities as they existed
                                  immediately before the commencement day; or
                            (ii) any thing that formed part of the transferred
                                  facilities immediately before that day,
                          is extinguished by the operation of paragraph (a).

15   7.           Rights to payment for services provided
          (1)     On the commencement day all rights of WMC Resources Ltd to
                  be paid for water supply services or sewerage services provided
                  by it in the Kambalda area before that day, to the extent that
                  payment has not been made for those services, are by virtue of
20                this section transferred to the Water Corporation.
          (2)     Subsection (1) applies to a right to be paid for a service whether
                  or not an account for the service has been issued before the
                  commencement day.

     8.           Other rights
25                On the commencement day the right of WMC Resources Ltd to
                  any remedy or redress whether actual, contingent or
                  prospective, other than a right to which section 7 applies,
                  against any person in relation to the transferred facilities is by
                  virtue of this section transferred to the Water Corporation.


                                                                               page 5
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
     Bill 2004
     Part 2        Transfer to the Water Corporation
     Division 2    Incidental and related matters
     s. 9


     9.          Liabilities not to pass
           (1)   In this section --
                 "liability" means any liability, duty or obligation whether
                      actual, contingent or prospective or liquidated or
5                     unliquidated, and includes a liability for breach of any term
                      or condition of an authority referred to in section 13.
           (2)   Nothing in this Act is to be read as having the effect that a
                 liability of WMC Resources Ltd as at the commencement day
                 becomes on and after that day a liability of the Water
10               Corporation.

                   Division 2 -- Incidental and related matters
     10.         Pipes and other things taken to have been put in place by
                 the Water Corporation
           (1)   In this section --
15               "land" has the meaning given by section 3(1) of the Water
                      Agencies (Powers) Act 1984.
           (2)   On and after the commencement day --
                  (a) section 84(1) of the Water Agencies (Powers) Act 1984
                        has effect in respect of all pipes, works or other things
20                      that --
                           (i) form part of the transferred facilities; and
                          (ii) are on, in, over or under any land,
                        as if before that day the pipes, works or things were
                        placed on, in, over or under the land by the Water
25                      Corporation in exercise of a power conferred by that
                        Act; and
                  (b) section 84(2) and (3) of that Act have effect accordingly
                        in respect of the pipes, works and other things.




     page 6
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                                    Bill 2004
                             Transfer to the Water Corporation         Part 2
                                Incidental and related matters     Division 2
                                                                         s. 11


     11.         Compensation not payable
           (1)   A person is not entitled to receive from the Water Corporation
                 or another person any amount by way of compensation,
                 reimbursement or otherwise for any loss, detriment or cost that
5                the person suffers or incurs because of --
                   (a) the transfer of ownership effected by section 6; or
                   (b) the operation of section 10.
           (2)   Without limiting subsection (1), section 81(1) and (2) of the
                 Water Agencies (Powers) Act 1984 apply to any works or other
10               things that form part of the transferred facilities.

     12.         Recovery of amounts owing for services provided
           (1)   The Water Corporation may take any action that is necessary or
                 expedient for the recovery of any amount to which it is entitled
                 by virtue of section 7.
15         (2)   Without limiting subsection (1), an amount required by virtue
                 of section 7 to be paid to the Water Corporation by a person for
                 water supply services or sewerage services provided by
                 WMC Resources Ltd may be recovered from the person --
                   (a) in the case of an amount to be paid for water supply
20                       services, under Part VII of the Country Areas Water
                         Supply Act 1947 as if it were a water supply charge
                         within the meaning in that Act; and
                   (b) in the case of an amount to be paid for sewerage
                         services, under Part VII of the Country Towns Sewerage
25                       Act 1948 as if it were a sewerage charge within the
                         meaning in that Act,
                 that is recoverable from that person.




                                                                           page 7
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
     Bill 2004
     Part 2        Transfer to the Water Corporation
     Division 3    Transitional provisions
     s. 13


                       Division 3 -- Transitional provisions
     13.         Licences and other authorities under written laws
           (1)   In this section --
                 "authority" means a licence, permit, registration, right,
5                     approval, exemption or other authority issued or granted
                      under a written law in relation to or in connection with the
                      transferred facilities;
                 "relevant Minister" means the Minister administering the
                      written law under which the authority concerned was
10                    issued or granted.
           (2)   Any authority in force immediately before the commencement
                 day --
                   (a) that --
                           (i) is issued or granted to WMC Resources Ltd; or
15                        (ii) otherwise confers authority on that company to
                                do or refrain from doing any thing;
                        and
                   (b) that is of a kind which the Water Corporation is required
                        to hold,
20               continues to have effect by force of this section as if it had been
                 issued or granted to, or conferred authority on, the Water
                 Corporation.
           (3)   In relation to an authority of a particular kind subsection (2)
                 applies on and after the commencement day until --
25                 (a) an authority of that kind, or an exemption from the
                          requirement to hold an authority of that kind, is issued
                          or granted to the Water Corporation; or
                   (b) the expiry of the period of 3 years, or such longer period
                          as the relevant Minister may determine, after the
30                        commencement day,
                 whichever first occurs.

     page 8
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                                    Bill 2004
                             Transfer to the Water Corporation         Part 2
                                         Transitional provisions   Division 3
                                                                         s. 14


           (4)   Subsections (2) and (3) have effect despite any provision of a
                 written law or any term or condition of an authority.
           (5)   The Water Corporation must, as soon as is practicable after the
                 commencement day, make any application under a written law
5                that is necessary for the purposes of subsection (3)(a).

     14.         Completion of things commenced
                 Anything commenced to be done by WMC Resources Ltd
                 before the commencement day in relation to the transferred
                 facilities may, subject to section 9, be continued by the Water
10               Corporation so far as the doing of that thing is within the
                 powers of the Water Corporation after that day.




                                                                            page 9
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
     Bill 2004
     Part 3        Notifications on title as to location of pipes and works

     s. 15


       Part 3 -- Notifications on title as to location of pipes
                           and works
     15.         Terms used in this Part
                 In this Part --
5                "approved", in relation to a form, means approved by the
                      relevant official;
                 "notification" means a notification referred to in section 16;
                 "relevant official", in relation to a lot or parcel of land,
                      means --
10                    (a) the Registrar of Titles under the Transfer of Land
                             Act 1893; or
                      (b) the Registrar of Deeds under the Registration of
                             Deeds Act 1856,
                      according to which of them has responsibility for the
15                    register relating to the lot or parcel;
                 "sewerage works" means the sewerage works referred to in
                      section 5(2) but excluding the pipes, fixtures and fittings
                      referred to in section 5(3)(b);
                 "water works" means the water works referred to in
20                    section 5(2) but excluding the pipes, fixtures and fittings
                      referred to in section 5(3)(b).

     16.         Steps to be taken for recording of notifications
           (1)   As soon as is practicable after the commencement day the
                 Water Corporation is to deposit with the relevant official --
25                (a) one or more plans of the sewerage works; and
                  (b) one or more plans of the water works,
                 showing the location or approximate location of the pipes,
                 works and other things that immediately before the
                 commencement day were part of the works referred to in
30               paragraphs (a) and (b).


     page 10
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                                     Bill 2004
            Notifications on title as to location of pipes and works    Part 3

                                                                                s. 17


           (2)   For each lot or parcel of land in the Kambalda area the Water
                 Corporation is to lodge with the relevant official, after
                 subsection (1) has been complied with --
                   (a) a notification, in accordance with an approved form, in
5                        respect of pipes, works and other things referred to in
                         that subsection that were part of the sewerage works;
                         and
                   (b) a notification, in accordance with an approved form, in
                         respect of pipes, works and other things referred to in
10                       that subsection that were part of the water works.
           (3)   Despite subsection (2) --
                  (a) where appropriate, a single notification in accordance
                        with an approved form may be lodged under that
                        subsection in respect of all pipes, works and other things
15                      referred to in subsection (1); and
                  (b) a notification need not be lodged for a lot or parcel in
                        respect of pipes, works and other things referred to in
                        subsection (1) if the Water Corporation has satisfied
                        itself that there were no such pipes, works or other
20                      things on, in, over or under the land concerned
                        immediately before the commencement day.
           (4)   Subsection (2) does not apply to a lot or parcel of land of which
                 the Water Corporation is registered under the Transfer of Land
                 Act 1893 as the owner of the freehold.

25   17.         Exception where land is not a lot
           (1)   The Water Corporation is not required --
                   (a)   to comply with section 16(2) in respect of any land that
                         is not a lot; or
                  (b)    to take any steps for the creation of a lot to enable that
30                       subsection to be complied with in respect of any land.
           (2)   However, the Water Corporation is to comply with
                 section 16(2) in respect of land if at any time it appears to the


                                                                             page 11
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
     Bill 2004
     Part 3        Notifications on title as to location of pipes and works

     s. 18


                 Corporation that subsection (1)(a) has ceased to apply to the
                 land.

     18.         Wording of notification
           (1)   In this section --
5                "title" means --
                       (a) a certificate of title under the Transfer of Land
                             Act 1893; and
                      (b) a relevant document in the register of deeds under the
                             Registration of Deeds Act 1856.
10         (2)   A notification --
                   (a)   is to be worded so that it constitutes notice to --
                            (i) the proprietor of; and
                           (ii) a person searching the title relating to,
                         a lot or parcel of land that pipes, works and other things
15                       that immediately before the commencement day were
                         part of --
                          (iii) the sewerage works; or
                          (iv) the water works,
                         may be on, in, over or under the land; and
20                (b)    is to refer to the pipes, works and other things as shown
                         on the relevant plan deposited under this Part.

     19.         Recording of notification
                 When --
                   (a)   a notification under section 16(2) has been lodged in
25                       respect of a lot or parcel; and
                  (b)    the required fee has been paid,
                 the relevant official is to record the notification --
                   (c) on the certificate of title for the lot or parcel; or



     page 12
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                                     Bill 2004
            Notifications on title as to location of pipes and works    Part 3

                                                                                s. 20


                  (d)    in the register of deeds under the Registration of Deeds
                         Act 1856,
                 as the case may require.

     20.         Replacement of deposited plans and notifications
5          (1)   If the Water Corporation considers that it is necessary or
                 desirable to better show the location or approximate location of
                 any pipe, works or other thing for the purposes of this Part, it
                 may deposit with the relevant official a plan that replaces a plan
                 deposited under section 16(1).
10         (2)   Where a plan is replaced by another deposited plan (the "new
                 plan") the Water Corporation must lodge with the relevant
                 official --
                   (a) a request, in accordance with an approved form, for the
                          removal of any existing notification that refers to the
15                        replaced plan; and
                   (b) a notification --
                             (i) in accordance with an approved form; and
                            (ii) referring to the pipes, works and other things as
                                  shown on the new plan,
20                        to replace the existing notification.
           (3)   Subject to payment of the required fee, the relevant official is to
                 comply with a request that is lodged under subsection (2)(a).
           (4)   Section 19 applies with all necessary changes where a
                 notification is lodged under subsection (2)(b).

25   21.         Amendment or removal of notification
           (1)   Where a notification has been recorded under section 19, the
                 Water Corporation may, in accordance with an approved
                 form --
                   (a) request the relevant official to amend the notification; or



                                                                            page 13
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
     Bill 2004
     Part 3        Notifications on title as to location of pipes and works

     s. 22


                  (b)    with the approval of the Minister, request the relevant
                         official to remove the notification, whether in whole or
                         in part.
           (2)   The Minister is not to give an approval for the purposes of
5                subsection (1)(b) in respect of any land unless he or she is
                 satisfied that it is no longer necessary for notice to be given to
                 persons searching the title as mentioned in section 18(2)(a).
           (3)   Subject to payment of the required fee, the relevant official is to
                 comply with a request that is duly made under subsection (1).

10   22.         Cost of complying with section 16(1) and (2)
           (1)   WMC Resources Ltd must pay to the Water Corporation on
                 demand the amount of any cost or expense reasonably incurred
                 by the Water Corporation --
                   (a) in complying with section 16(1) and (2); and
15                 (b) in doing anything required to enable it to comply with
                        those subsections.
           (2)   The Water Corporation may recover an amount referred to in
                 subsection (1) in a court of competent jurisdiction as a debt due
                 to it by WMC Resources Ltd.




     page 14
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                                    Bill 2004
                                                      General          Part 4

                                                                             s. 23


                                Part 4 -- General
     23.         Agreements on incidental matters
           (1)   Nothing in this Act is to be taken to limit the ability of
                 WMC Resources Ltd and the Water Corporation --
5                 (a) to determine any matter incidental or supplementary to
                        the operation of this Act by agreement made between
                        them, whether before or after the commencement day;
                        and
                  (b) to give effect to any such agreement.
10         (2)   An agreement referred to in subsection (1) must not be
                 inconsistent with this Act.

     24.         Saving
                 The operation of any provision of this Act is not to be
                 regarded --
15                 (a) as a breach of contract or confidence or otherwise as a
                        civil wrong;
                   (b) as a breach of any contractual provision prohibiting,
                        restricting or regulating the assignment or transfer of
                        assets or rights or the disclosure of information;
20                 (c) as giving rise to any remedy by a party to an instrument
                        or as causing or permitting the termination of any
                        instrument, because of a change in the beneficial or legal
                        ownership of any asset or right;
                   (d) as causing any contract or instrument to be void or
25                      otherwise unenforceable; or
                   (e) as releasing or allowing the release of any surety.




                                                                          page 15
     Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
     Bill 2004
     Part 4        General

     s. 25


     25.         Further provision may be made by regulation
           (1)   If there is no sufficient provision in this Act --
                   (a)   for any matter or thing necessary or convenient to
                         transfer --
5                           (i) the ownership of the Kambalda Water and
                                 Wastewater Facilities; or
                           (ii) the rights referred to in section 7 or 8,
                         to the Water Corporation; or
                  (b)    for any incidental, related or transitional matter,
10               the Governor may make that provision by regulation.
           (2)   If in the opinion of the Minister an anomaly arises in the
                 carrying out of any provision of this Act, the Governor may by
                 regulations --
                   (a) modify that provision to remove the anomaly; and
15                 (b) make such provision as is necessary or expedient to
                          achieve the purposes referred to in subsection (1) in the
                          intended manner.
           (3)   Subsections (1) and (2) only apply to the extent that a matter or
                 thing cannot be provided for in the manner referred to in
20               section 23.
           (4)   Regulations may be made under this section to have effect from
                 the commencement day.
           (5)   To the extent that a provision of such regulations has effect on a
                 day that is earlier than the day of its publication in the Gazette,
25               the provision does not operate so as --
                   (a) to affect, in a manner prejudicial to any person (other
                         than the State or the Water Corporation), the rights of
                         that person existing before the day of its publication; or
                   (b) to impose liabilities on any person (other than the State
30                       or the Water Corporation) in respect of anything done or
                         omitted to be done before the day of publication.

     page 16
    Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                                   Bill 2004



                                                       Kambalda area    Schedule 1


                       Schedule 1 -- Kambalda area
                                                                             [s. 4]
                      Division 1 -- Plan of Kambalda area
            Note: For the interpretation of this plan, see section 4.




5




                                                                           page 17
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
Bill 2004



Schedule 1       Kambalda area



             Division 2 -- Map Grid of Australia coordinates
              Point     Coordinates mE     Coordinates mN
                1     368446.102          6544994.798
                2     367886.400          6545224.837
                3     367833.889          6545826.212
                4     367734.730          6546081.617
                5     367540.564          6546299.906
                6     367332.541          6546781.454
                7     367572.089          6546885.625
                8     367786.969          6547069.154
                9     368052.680          6547047.689
               10     368485.289          6547126.784
               11     368900.656          6547383.817
               12     369113.441          6547385.558
               13     369331.024          6547290.171
               14     369449.552          6547258.767
               15     369457.992          6547298.298
               16     369548.640          6547273.000
               17     369557.235          6547229.825
               18     369494.095          6546988.986
               19     369496.053          6546739.394
               20     369520.263          6546717.020
               21     369664.666          6546873.970
               22     369850.083          6546702.364
               23     369706.252          6546544.717
               24     369774.758          6546480.357
               25     369760.744          6546463.301
               26     370062.828          6546322.450
               27     371098.875          6546329.974
               28     371106.726          6546343.087
               29     371075.234          6546405.012
               30     371170.265          6546501.367


page 18
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                               Bill 2004



                                          Kambalda area      Schedule 1


            Point      Coordinates mE      Coordinates mN
             31      371241.937           6546438.936
             32      371337.976           6546508.613
             33      371330.141           6546789.810
             34      371602.096           6546883.464
             35      371597.974           6547181.674
             36      371396.160           6547511.439
             37      371501.101           6547575.387
             38      371470.411           6547625.179
             39      371585.705           6547689.908
             40      371547.989           6547746.487
             41      371436.555           6547829.435
             42      371437.000           6548205.000
             43      371977.000           6548205.000
             44      371975.968           6547864.237
             45      372599.111           6548229.843
             46      372656.843           6548496.126
             47      372506.739           6548528.672
             48      372563.459           6548790.299
             49      372459.701           6548812.796
             50      372500.434           6549002.210
             51      372614.546           6548977.670
             52      372656.598           6549173.197
             53      372793.467           6549143.765
             54      372797.672           6549163.315
             55      372848.795           6549151.009
             56      372715.966           6548532.206
             57      372760.441           6548523.748
             58      372691.337           6548173.548
             59      372157.843           6547855.307
             60      372224.631           6547697.430
             61      372237.818           6547526.216
             62      372413.643           6547628.482

                                                                page 19
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
Bill 2004



Schedule 1      Kambalda area


             Point     Coordinates mE      Coordinates mN
              63     372618.943           6547732.082
              64     372681.065           6547751.835
              65     373002.673           6547913.141
              66     373090.653           6547955.427
              67     373094.721           6547988.878
              68     373099.482           6547992.383
              69     373102.403           6547994.664
              70     373104.722           6548003.360
              71     373110.785           6548017.432
              72     373127.206           6548014.632
              73     373149.545           6547954.669
              74     373149.769           6547951.764
              75     373143.909           6547934.173
              76     373141.408           6547932.147
              77     373141.753           6547925.646
              78     373135.553           6547790.305
              79     373139.417           6547623.298
              80     373180.736           6547442.140
              81     373238.940           6547369.545
              82     373348.194           6547313.729
              83     373512.576           6547223.476
              84     373741.477           6547066.060
              85     373729.743           6547049.864
              86     373718.022           6547041.823
              87     373728.961           6546977.963
              88     373725.256           6546871.628
              89     373619.853           6546890.673
              90     373521.045           6546867.464
              91     373328.692           6546752.695
              92     372922.432           6546668.432
              93     372440.438           6546674.993
              94     372337.978           6546714.788

page 20
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                               Bill 2004



                                          Kambalda area      Schedule 1


            Point      Coordinates mE      Coordinates mN
             95      372253.190           6546842.128
             96      372210.380           6546907.594
             97      371810.791           6546795.325
             98      371656.326           6546691.655
             99      371360.953           6546468.827
             100     371365.096           6546238.628
             101     371103.517           6546237.453
             102     371073.800           6546283.105
             103     371078.923           6546294.663
             104     370147.902           6546280.846
             105     370221.223           6546242.527
             106     370314.669           6546179.128
             107     370450.743           6546091.936
             108     370284.511           6545886.863
             109     370132.558           6545986.087
             110     370269.418           6546148.566
             111     370198.957           6546208.931
             112     370064.883           6546275.730
             113     369906.611           6546349.931
             114     369643.455           6546265.494
             115     369360.702           6545912.184
             116     369542.583           6545784.093
             117     369479.402           6545694.393
             118     369338.482           6545672.213
             119     369282.861           6545713.588
             120     369200.769           6545685.187
             121     368745.153           6545094.527
             122     368516.792           6544903.767




                                                                page 21
    Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
    Bill 2004



    Schedule 2        Treated wastewater pipeline


               Schedule 2 -- Treated wastewater pipeline
                                                                                    [s. 5(1)]

              Note: For the interpretation of this plan, see the definitions of "treated
                    wastewater pipeline" in section 5(1) and of "coordinates" in section 3.




5




    page 22
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation)
                                                               Bill 2004



                                                                                                   Defined Terms


                                           Defined Terms
           [This is a list of terms defined and the provisions where they are defined.
                                  The list is not part of the law.]
     Defined Term                                                                                           Provision(s)
     approved ........................................................................................................ 15
     authority.....................................................................................................13(1)
     commencement day.......................................................................................... 3
     coordinates....................................................................................................... 3
     fitting.......................................................................................................... 5(1)
     fixture ......................................................................................................... 5(1)
     headworks................................................................................................... 5(1)
     Kambalda area ................................................................................................. 3
     Kambalda Water and Wastewater Facilities ...................................................... 3
     land............................................................................................................10(1)
     liability........................................................................................................ 9(1)
     new plan ....................................................................................................20(2)
     notification..................................................................................................... 15
     pipe.................................................................................................................. 3
     relevant Minister ........................................................................................13(1)
     relevant official .............................................................................................. 15
     reticulation .................................................................................................. 5(1)
     sewer .......................................................................................................... 5(1)
     sewerage works ......................................................................................5(1), 15
     the transferred facilities ............................................................................3, 5(2)
     title ............................................................................................................18(1)
     treated wastewater pipeline.......................................................................... 5(1)
     Water Corporation............................................................................................ 3
     water works............................................................................................5(1), 15
     WMC Resources Ltd ........................................................................................ 3
     works ............................................................................................................... 3




 


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