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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Water Services Legislation Amendment and Repeal Bill 2011 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Country Areas Water Supply Act 1947 amended 3. Act amended 3 4. Long title amended 3 5. Section 5 amended 3 6. Section 6 deleted 3 7. Section 8 deleted 3 8. Section 11 amended 4 9. Section 12A inserted 4 12A. Penalty for diverting or taking water 4 10. Parts IV, V, VI and VII deleted 5 11. Section 105 amended 5 12. Section 108 amended 5 13. Section 111 amended 5 14. Section 112 replaced 5 112. Obstructing Minister, officers or authorised persons in performance of duty 5 15. Section 113 amended 6 16. Section 115 amended 6 17. Section 116 deleted 6 18. Section 121 amended 6 19. Section 122 deleted 6 201--2 page i Water Services Legislation Amendment and Repeal Bill 2011 Contents Part 3 -- Metropolitan Water Authority Act 1982 amended 20. Act amended 7 21. Long title replaced 7 22. Section 1 amended 7 23. Section 4 amended 7 24. Part IV deleted 8 25. Section 98 amended 8 26. Section 99 amended 9 27. Part IX Divisions 3 and 4 deleted 10 28. Section 106 amended 11 29. Section 107 amended 11 30. Section 108 deleted 12 Part 4 -- Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended 31. Act amended 13 32. Section 5 amended 13 33. Section 14 amended 14 34. Section 16 amended 14 35. Part V deleted 14 36. Part VI heading replaced 14 Part VI -- The protection of underground water 37. Part VI Divisions 1 and 2 deleted 14 38. Part VI Division 3 heading deleted 14 39. Section 57B amended 15 40. Part VI Division 4 deleted 15 41. Parts VII and VIII deleted 15 42. Section 146 amended 15 43. Section 148 deleted 15 44. Sections 150 to 152 deleted 15 45. Section 153 amended 15 46. Sections 154 and 155 deleted 16 47. Section 156 replaced 16 156. Obstructing Minister, officers or authorised persons in performance of duty 16 48. Section 157 amended 16 49. Section 158 amended 16 page ii Water Services Legislation Amendment and Repeal Bill 2011 Contents 50. Section 158A amended 16 51. Section 159 amended 17 52. Section 161 deleted 17 53. Section 165 amended 17 54. Section 166 deleted 17 55. Schedule 9 deleted 17 Part 5 -- Rights in Water and Irrigation Act 1914 amended 56. Act amended 18 57. Long title amended 18 58. Section 2 amended 18 59. Section 26GZJ amended 18 60. Section 27 amended 19 61. Section 33 deleted 19 62. Section 35 amended 19 63. Section 36 amended 19 64. Section 37 amended 19 65. Section 38 amended 20 66. Parts VII and X deleted 20 67. Section 63 deleted 20 68. Section 66 amended 20 69. Section 69 amended 20 70. Section 70 amended 20 71. Section 71 amended 20 72. Section 75 deleted 20 73. Section 79A amended 20 74. Schedule 1 Appendix amended 21 Part 6 -- Water Agencies (Powers) Act 1984 amended 75. Act amended 22 76. Long title amended 22 77. Section 3 amended 22 78. Section 5 amended 23 79. Section 8 amended 23 80. Section 10 amended 23 81. Section 14 amended 24 82. Section 34 amended 24 83. Part III heading replaced 24 page iii Water Services Legislation Amendment and Repeal Bill 2011 Contents Part III -- Liability, indemnity etc. 84. Part III Divisions 1A and 2 deleted 24 85. Part III Division 6 heading deleted 25 86. Parts IV and V deleted 25 87. Section 70 amended 25 88. Section 71 amended 25 89. Section 72 amended 25 90. Section 73 amended 26 91. Section 78 amended 26 92. Section 82 amended 27 93. Section 83 amended 27 94. Section 84 amended 27 95. Section 85 deleted 27 96. Section 86 amended 27 97. Section 87 amended 28 98. Section 88 amended 28 99. Section 89 amended 28 100. Section 90 deleted 28 101. Section 91 amended 28 102. Section 95 amended 28 103. Section 97 amended 29 104. Part VIII Divisions 3 and 4 deleted 29 105. Section 103 amended 29 106. Section 106 amended 30 107. Section 111 amended 30 108. Section 112 amended 30 109. Various references to "Corporation" amended 30 Part 7 -- Water Corporation Act 1995 amended 110. Act amended 32 111. Long title amended 32 112. Section 1 amended 32 113. Section 3 amended 32 114. Section 4 amended 34 115. Section 5A inserted 34 5A. Nature of corporations 34 116. Section 6 amended 35 117. Section 7A inserted 35 7A. Dissolution of bodies established by Governor 35 page iv Water Services Legislation Amendment and Repeal Bill 2011 Contents 118. Section 7 amended 37 119. Section 10 amended 38 120. Section 13 amended 39 121. Section 15 amended 39 122. Section 20 amended 39 123. Section 21 amended 39 124. Section 22 amended 40 125. Section 23 replaced 41 23. Members of staff, duties imposed 41 126. Section 27 amended 41 127. Section 28A inserted 42 28A. Corporations may act at their discretion 42 128. Section 29 amended 42 129. Section 31 amended 43 130. Section 32 amended 45 131. Section 34 amended 45 132. Section 35 amended 46 133. Section 36 amended 46 134. Part 3 Division 3 heading amended 46 135. Section 38 amended 47 136. Section 40 amended 47 137. Section 42 replaced 48 42. Corporations established by Governor -- first strategic development plan 48 138. Section 43 amended 48 139. Section 45 amended 48 140. Section 46 amended 49 141. Section 47 amended 49 142. Section 48 amended 49 143. Section 51 replaced 50 51. Corporations established by Governor -- first statement of corporate intent 50 144. Section 52 amended 50 145. Section 54 amended 50 146. Section 55 amended 51 147. Section 56 amended 51 148. Section 57 amended 51 149. Section 58 amended 52 150. Section 59 amended 52 151. Section 60 amended 52 152. Section 65 amended 53 153. Section 68 amended 53 page v Water Services Legislation Amendment and Repeal Bill 2011 Contents 154. Section 69 amended 53 155. Section 72 deleted 53 156. Section 73 amended 53 157. Section 76 amended 54 158. Section 81 amended 54 159. Section 85 amended 55 160. Section 88 amended 56 161. Section 89 amended 57 162. Section 91 amended 57 163. Sections 92, 93 and 94 inserted 57 92. Minister may vest certain land in Water Corporation and make orders in respect of certain reserves 57 93. Review of Act 59 94. Transitional provisions 60 164. Schedule 1 clause 1 amended 60 165. Schedule 1 clause 2 amended 60 166. Schedule 1 clause 4 amended 60 167. Schedule 1 clause 5 amended 61 168. Schedule 2 clause 2 amended 61 169. Schedule 2 clause 4 amended 62 170. Schedule 2 clause 5 amended 63 171. Schedule 2 clause 7 amended 63 172. Schedule 2 clause 8 amended 63 173. Schedule 2 clause 12 amended 64 174. Schedule 2 clause 14 amended 64 175. Schedule 3 clause 2 amended 65 176. Schedule 3 clause 6 amended 65 177. Schedule 3 clause 7 amended 65 178. Schedule 3 clause 10 amended 65 179. Schedule 3 clause 13 amended 66 180. Schedule 3 clause 15 amended 66 181. Schedule 3 clause 16 amended 66 182. Schedule 3 clause 20 amended 67 183. Schedule 3 clause 23 amended 67 184. Schedule 3 clause 28 amended 67 185. Schedule 3 clause 31 amended 68 186. Schedule 3 clause 35 amended 68 187. Schedule 4 clause 2 amended 68 188. Schedule 4 clause 4 amended 69 189. Schedule 5 inserted 69 page vi Water Services Legislation Amendment and Repeal Bill 2011 Contents Schedule 5 -- Transitional provisions Division 1 -- Transitional provisions relating to Water Services Legislation Amendment and Repeal Act 2011 Subdivision 1 -- Preliminary 1. Terms used 69 2. Application of Interpretation Act 1984 70 Subdivision 2 -- Continuation of former Boards 3. Bunbury Water Board continues 71 4. Busselton Water Board continues 71 5. Members of former Boards 71 6. Operating licences of former Boards 72 7. Supply of water to Water Corporation under Busselton Water Board (Supply of Water to Dunsborough) Act 2009 72 Subdivision 3 -- Staff of former Boards 8. Term used: PSM Act 73 9. Transition of employment 73 10. Election as to employment 74 11. Application of PSM Act Part 6 to persons who make an election 74 12. Arrangements for return to the Public Sector 75 13. Contracts for services 76 Subdivision 4 -- Provisions as to accountability and financial provisions 14. Strategic development plans 76 15. Statements of corporate intent 76 16. Financial reporting 77 17. Water Funds 77 18. Payments to the State under Part 5 Division 2 77 Subdivision 5 -- Miscellaneous 19. References to former Boards 78 20. References to repealed Act 78 21. Transitional regulations 78 22. Relationship of provisions of this Division to transitional regulations 79 190. Other provisions amended 80 Part 8 -- Water Services Licensing Act 1995 amended 191. Act amended 85 192. Long title amended 85 193. Section 1 amended 85 page vii Water Services Legislation Amendment and Repeal Bill 2011 Contents 194. Section 3 amended 85 195. Parts 2, 3 and 4 deleted 86 196. Section 62 amended 86 197. Schedules 1 and 2 deleted 86 Part 9 -- Repeals 198. Drainage legislation repealed 87 199. Irrigation legislation repealed 87 200. Sewerage legislation repealed 87 201. Water boards legislation repealed 87 202. Other legislation repealed 88 Part 10 -- Other Acts amended 203. Aboriginal Heritage Act 1972 amended 89 204. Anglican Church of Australia (Diocesan Trustees) Act 1888 amended 89 205. Building Services (Complaint Resolution and Administration) Act 2011 amended 90 206. Bulk Handling Act 1967 amended 90 207. Conservation and Land Management Act 1984 amended 90 208. Constitution Acts Amendment Act 1899 amended 91 209. Economic Regulation Authority Act 2003 amended 91 210. Energy Operators (Powers) Act 1979 amended 93 211. Environmental Protection Act 1986 amended 93 212. Financial Management Act 2006 amended 93 213. Fire Brigades Act 1942 amended 94 214. Fluoridation of Public Water Supplies Act 1966 amended 94 215. Hale School Act 1876 amended 95 216. Health Act 1911 amended 95 217. Home Building Contracts Act 1991 amended 95 218. Housing Act 1980 amended 96 219. Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004 amended 96 220. Land Administration Act 1997 amended 97 221. Parliamentary Commissioner Act 1971 amended 97 222. Planning and Development Act 2005 amended 98 223. Presbyterian Church Act 1908 amended 99 224. Public Sector Management Act 1994 amended 99 page viii Water Services Legislation Amendment and Repeal Bill 2011 Contents 225. Public Works Act 1902 amended 99 226. Rates and Charges (Rebates and Deferments) Act 1992 amended 100 227. Residential Parks (Long-stay Tenants) Act 2006 amended 101 228. Sentencing Act 1995 amended 102 229. Soil and Land Conservation Act 1945 amended 102 230. State Records Act 2000 amended 102 231. Statutory Corporations (Liability of Directors) Act 1996 amended 103 232. Strata Titles Act 1985 amended 103 67. Water service charges under the Water Services Act 2011 103 233. Swan and Canning Rivers Management Act 2006 amended 104 page ix Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Water Services Legislation Amendment and Repeal Bill 2011 A Bill for An Act to -- amend the Country Areas Water Supply Act 1947; and amend the Metropolitan Water Authority Act 1982; and amend the Metropolitan Water Supply, Sewerage, and Drainage Act 1909; and amend the Rights in Water and Irrigation Act 1914; and amend the Water Agencies (Powers) Act 1984; and amend the Water Corporation Act 1995; and amend the Water Services Licensing Act 1995; and repeal the Country Towns Sewerage Act 1948; and repeal the Busselton Water Board (Supply of Water to Dunsborough) Act 2009; and repeal the Land Drainage Act 1925; and repeal the Land Drainage (Validation) Act 1996; and repeal the Water Boards Act 1904; and repeal certain subsidiary legislation consequentially; and make consequential amendments to certain Acts, and for related and incidental purposes. The Parliament of Western Australia enacts as follows: page 1 Water Services Legislation Amendment and Repeal Bill 2011 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Water Services Legislation Amendment and Repeal 4 Act 2011. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Water Services Legislation Amendment and Repeal Bill 2011 Country Areas Water Supply Act 1947 amended Part 2 s. 3 1 Part 2 -- Country Areas Water Supply 2 Act 1947 amended 3 3. Act amended 4 This Part amends the Country Areas Water Supply Act 1947. 5 4. Long title amended 6 In the long title delete the passage that begins with "to make" 7 and ends with "areas,". 8 5. Section 5 amended 9 In section 5(1) delete the definitions of: 10 Corporation 11 country water area 12 farm land 13 metropolitan area 14 officer 15 water board 16 Water Boards Act 17 Water Supply Act 18 water supply charge 19 6. Section 6 deleted 20 Delete section 6. 21 7. Section 8 deleted 22 Delete section 8. page 3 Water Services Legislation Amendment and Repeal Bill 2011 Part 2 Country Areas Water Supply Act 1947 amended s. 8 1 8. Section 11 amended 2 (1) In section 11(1): 3 (a) delete "Land Drainage Act 1925," and insert: 4 5 Water Services Act 2011, 6 7 (b) delete "the Corporation" and insert: 8 9 a licensee (as defined in the Water Services Act 2011 10 section 3(1)) 11 12 (2) In section 11(2) delete "The Corporation" and insert: 13 14 A licensee 15 16 9. Section 12A inserted 17 After section 11 insert: 18 19 12A. Penalty for diverting or taking water 20 Any person who, other than with the authority of the 21 Minister or under another written law, diverts water 22 from any watercourse or source of supply within any 23 catchment area or water reserve or does any act by 24 which the watercourse or source of supply may be 25 diverted or diminished in quantity or injured in quality 26 or purity is guilty of an offence. 27 Penalty: 28 (a) for an individual -- a fine of $10 000; 29 (b) for a body corporate -- a fine of $20 000. 30 page 4 Water Services Legislation Amendment and Repeal Bill 2011 Country Areas Water Supply Act 1947 amended Part 2 s. 10 1 10. Parts IV, V, VI and VII deleted 2 Delete Parts IV, V, VI and VII. 3 11. Section 105 amended 4 Delete section 105(1)(b), (c) and (d). 5 12. Section 108 amended 6 In section 108 delete "Minister or the Corporation," and insert: 7 8 Minister, 9 10 13. Section 111 amended 11 In section 111 delete "or the Corporation". 12 14. Section 112 replaced 13 Delete section 112 and insert: 14 15 112. Obstructing Minister, officers or authorised persons 16 in performance of duty 17 A person who obstructs -- 18 (a) the Minister; or 19 (b) an officer of the Department; or 20 (c) a person authorised by the Minister, 21 in the performance of any act or thing which the 22 Minister, officer or person is authorised or required to 23 do in the execution of this Act or any regulation or 24 by-law made for the purposes of this Act commits an 25 offence. 26 Penalty: a fine of $5 000. 27 page 5 Water Services Legislation Amendment and Repeal Bill 2011 Part 2 Country Areas Water Supply Act 1947 amended s. 15 1 15. Section 113 amended 2 In section 113(1) delete "or the Corporation,". 3 16. Section 115 amended 4 (1) Delete section 115(1) and insert: 5 6 (1) Proceedings for an offence against this Act may only 7 be taken by the Minister or an officer of the 8 Department or a person authorised to do so by the 9 Minister. 10 11 (2) In section 115(3) delete "sections 46 and" and insert: 12 13 section 14 15 17. Section 116 deleted 16 Delete section 116. 17 18. Section 121 amended 18 In section 121 delete "or the chief executive officer of the 19 Corporation". 20 Note: The heading to amended section 121 is to read: 21 Certificate of CEO evidence of certain facts 22 19. Section 122 deleted 23 Delete section 122. page 6 Water Services Legislation Amendment and Repeal Bill 2011 Metropolitan Water Authority Act 1982 amended Part 3 s. 20 1 Part 3 -- Metropolitan Water Authority 2 Act 1982 amended 3 20. Act amended 4 This Part amends the Metropolitan Water Authority Act 1982. 5 21. Long title replaced 6 Delete the long title and insert: 7 8 An Act to provide for an Arterial Drainage Scheme and the 9 declaration of drainage courses. 10 11 22. Section 1 amended 12 In section 1 delete "Water Authority" and insert: 13 14 Arterial Drainage 15 16 23. Section 4 amended 17 (1) In section 4(1) delete the definitions of: 18 channel 19 Corporation 20 drain 21 drainage area 22 drainage works 23 main drain 24 underground water 25 works page 7 Water Services Legislation Amendment and Repeal Bill 2011 Part 3 Metropolitan Water Authority Act 1982 amended s. 24 1 (2) In section 4(1) insert in alphabetical order: 2 3 drainage assets has the meaning given in the Water 4 Services Act 2011 section 108; 5 licensee has the meaning given in the Water Services 6 Act 2011 section 3(1). 7 8 (3) In section 4(1) in the definition of arterial drain: 9 (a) delete "drain" and insert: 10 11 drainage asset 12 13 (b) delete "such" and insert: 14 15 an arterial drain 16 17 (4) Delete section 4(2). 18 24. Part IV deleted 19 Delete Part IV. 20 25. Section 98 amended 21 (1) In section 98(1) delete "the Corporation," and insert: 22 23 all relevant licensees, 24 25 (2) Delete section 98(2)(g) and insert: 26 27 (g) any other matter or thing prescribed by 28 regulations made under the Water Agencies 29 (Powers) Act 1984 for the purposes of this 30 section. 31 page 8 Water Services Legislation Amendment and Repeal Bill 2011 Metropolitan Water Authority Act 1982 amended Part 3 s. 26 1 (3) Delete section 98(3)(a), (b) and (c) and insert: 2 3 (a) the classification of drainage assets as arterial 4 drains; and 5 6 (4) In section 98(4) delete "the Corporation" and insert: 7 8 all relevant licensees 9 10 (5) In section 98(5): 11 (a) delete "works" and insert: 12 13 drainage assets 14 15 (b) delete "the Corporation," and insert: 16 17 relevant licensees, 18 19 (6) In section 98(2) after each of paragraphs (a) to (e) insert: 20 21 and 22 23 26. Section 99 amended 24 (1) In section 99(1): 25 (a) delete "drainage works" and insert: 26 27 drains 28 page 9 Water Services Legislation Amendment and Repeal Bill 2011 Part 3 Metropolitan Water Authority Act 1982 amended s. 27 1 (b) delete "thereof, or responsibility for particular works" 2 and insert: 3 4 of an arterial drain 5 6 (2) Delete section 99(2). 7 (3) In section 99(4): 8 (a) in paragraph (a) delete "drains" (first and third 9 occurrences) and insert: 10 11 drainage assets 12 13 (b) in paragraph (d) delete "the Corporation" and insert: 14 15 all relevant licensees 16 17 (c) in paragraph (d) delete "drain" (third occurrence) and 18 insert: 19 20 drainage asset 21 22 (d) in paragraph (e) delete "the Corporation" and insert: 23 24 the licensees 25 26 27. Part IX Divisions 3 and 4 deleted 27 Delete Part IX Divisions 3 and 4. page 10 Water Services Legislation Amendment and Repeal Bill 2011 Metropolitan Water Authority Act 1982 amended Part 3 s. 28 1 28. Section 106 amended 2 (1) In section 106(1): 3 (a) delete "main drain or arterial drain, or proposed main 4 drain or proposed arterial drain," and insert: 5 6 drainage asset or proposed drainage asset, 7 8 (b) delete "works" and insert: 9 10 asset 11 12 (2) In section 106(2)(a) and (c) delete "the Corporation" and insert: 13 14 all relevant licensees 15 16 (3) In section 106(6)(a) delete "drainage works; but" and insert: 17 18 arterial drainage; but 19 20 29. Section 107 amended 21 (1) Delete section 107(1). 22 (2) In section 107(2): 23 (a) delete "may" (first occurrence) and insert: 24 25 must 26 page 11 Water Services Legislation Amendment and Repeal Bill 2011 Part 3 Metropolitan Water Authority Act 1982 amended s. 30 1 (b) delete "course and may give advice and issue guidelines 2 to the planning authority in accordance with section 66 3 of the Water Agencies (Powers) Act 1984." and insert: 4 5 course. 6 7 (3) In section 107(4) delete "Part IV of the Water Agencies 8 (Powers) Act 1984." and insert: 9 10 the Water Services Act 2011 Part 5 Division 3. 11 12 30. Section 108 deleted 13 Delete section 108. page 12 Water Services Legislation Amendment and Repeal Bill 2011 Metropolitan Water Supply, Sewerage, and Drainage Act 1909 Part 4 amended s. 31 1 Part 4 -- Metropolitan Water Supply, Sewerage, and 2 Drainage Act 1909 amended 3 31. Act amended 4 This Part amends the Metropolitan Water Supply, Sewerage, 5 and Drainage Act 1909. 6 32. Section 5 amended 7 (1) In section 5(1) delete the definitions of: 8 aquifer 9 artesian bore 10 Corporation 11 officer 12 prescribed 13 sewerage charge 14 sewerage works 15 water charge 16 water supply charge 17 waterworks 18 (2) In section 5(1) in the definition of watercourse delete "(c);" and 19 insert: 20 21 (c). 22 23 (3) Delete section 5(2). page 13 Water Services Legislation Amendment and Repeal Bill 2011 Part 4 Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended s. 33 1 33. Section 14 amended 2 (1) In section 14(1) delete "the Corporation" and insert: 3 4 a licensee (as defined in the Water Services Act 2011 5 section 3(1)) 6 7 (2) In section 14(2) delete "The Corporation" and insert: 8 9 A licensee 10 11 34. Section 16 amended 12 In section 16(c) delete "Act" and insert: 13 14 act 15 16 35. Part V deleted 17 Delete Part V. 18 36. Part VI heading replaced 19 Delete the heading to Part VI and insert: 20 21 Part VI -- The protection of underground water 22 23 37. Part VI Divisions 1 and 2 deleted 24 Delete Part VI Divisions 1 and 2. 25 38. Part VI Division 3 heading deleted 26 Delete the heading to Part VI Division 3. page 14 Water Services Legislation Amendment and Repeal Bill 2011 Metropolitan Water Supply, Sewerage, and Drainage Act 1909 Part 4 amended s. 39 1 39. Section 57B amended 2 (1) In section 57B(1)(a) delete "water under this Act;" and insert: 3 4 water; 5 6 (2) In section 57B(3) delete "Act" and insert: 7 8 act 9 10 40. Part VI Division 4 deleted 11 Delete Part VI Division 4. 12 41. Parts VII and VIII deleted 13 Delete Parts VII and VIII. 14 42. Section 146 amended 15 In section 146(1): 16 (a) in paragraph (d) delete "banks;" and insert: 17 18 banks. 19 20 (b) delete paragraphs (e) to (m). 21 43. Section 148 deleted 22 Delete section 148. 23 44. Sections 150 to 152 deleted 24 Delete sections 150 to 152. 25 45. Section 153 amended 26 In section 153 delete "or the Corporation". page 15 Water Services Legislation Amendment and Repeal Bill 2011 Part 4 Metropolitan Water Supply, Sewerage, and Drainage Act 1909 amended s. 46 1 46. Sections 154 and 155 deleted 2 Delete sections 154 and 155. 3 47. Section 156 replaced 4 Delete section 156 and insert: 5 6 156. Obstructing Minister, officers or authorised persons 7 in performance of duty 8 A person who obstructs -- 9 (a) the Minister; or 10 (b) an officer of the Department; or 11 (c) a person authorised by the Minister, 12 in the performance of any act or thing which the 13 Minister, officer or person is authorised or required to 14 do in the execution of the Metropolitan Arterial 15 Drainage Act 1982 or this Act commits an offence. 16 Penalty: a fine of $5 000. 17 18 48. Section 157 amended 19 In section 157: 20 (a) delete "or the Corporation,"; 21 (b) delete "the Metropolitan Water Authority Act 1982 or". 22 49. Section 158 amended 23 In section 158 delete "the Metropolitan Water Authority 24 Act 1982 or". 25 50. Section 158A amended 26 In section 158A delete "the Metropolitan Water Authority 27 Act 1982 or". page 16 Water Services Legislation Amendment and Repeal Bill 2011 Metropolitan Water Supply, Sewerage, and Drainage Act 1909 Part 4 amended s. 51 1 51. Section 159 amended 2 Delete section 159(1) and insert: 3 4 (1) Proceedings for an offence against this Act may only 5 be taken by the Minister or an officer of the 6 Department or a person authorised to do so by the 7 Minister. 8 9 52. Section 161 deleted 10 Delete section 161. 11 53. Section 165 amended 12 In section 165 delete "Water Agencies (Powers) Act 1984, the 13 Metropolitan Water Authority Act 1982" and insert: 14 15 Water Agencies (Powers) Act 1984 16 17 54. Section 166 deleted 18 Delete section 166. 19 55. Schedule 9 deleted 20 Delete Schedule 9. page 17 Water Services Legislation Amendment and Repeal Bill 2011 Part 5 Rights in Water and Irrigation Act 1914 amended s. 56 1 Part 5 -- Rights in Water and Irrigation 2 Act 1914 amended 3 56. Act amended 4 This Part amends the Rights in Water and Irrigation Act 1914. 5 57. Long title amended 6 In the long title delete "water resources, to provide for 7 irrigation schemes," and insert: 8 9 water resources, 10 11 58. Section 2 amended 12 In section 2(1) delete the definitions of: 13 Corporation 14 irrigation charge 15 officer 16 water charge 17 59. Section 26GZJ amended 18 (1) In section 26GZJ(2) delete "an operating" and insert: 19 20 a water services 21 22 (2) Delete section 26GZJ(3) and insert: 23 24 (3) In subsection (2) -- 25 water services licence means a licence under the Water 26 Services Act 2011 that authorises the provision of a 27 water supply service or an irrigation service. 28 page 18 Water Services Legislation Amendment and Repeal Bill 2011 Rights in Water and Irrigation Act 1914 amended Part 5 s. 60 1 60. Section 27 amended 2 (1) Delete section 27(1)(ga) and insert: 3 4 (ga) charges that are to be paid by the holder of a 5 water services licence (as defined in 6 section 26GZJ(3)) in respect of water taken 7 under a licence issued under this Act; and 8 9 (2) In section 27(1) after each of paragraphs (e) to (g) and (h) 10 insert: 11 12 and 13 14 61. Section 33 deleted 15 Delete section 33. 16 62. Section 35 amended 17 In section 35 delete "or the Corporation, or against any officer 18 of the Corporation, or contractor under the Crown or the 19 Corporation," and insert: 20 21 or against any contractor under the Crown, 22 23 63. Section 36 amended 24 (1) In section 36(1) delete "or the Corporation". 25 (2) Delete section 36(2). 26 64. Section 37 amended 27 In section 37 delete "or the Corporation". page 19 Water Services Legislation Amendment and Repeal Bill 2011 Part 5 Rights in Water and Irrigation Act 1914 amended s. 65 1 65. Section 38 amended 2 In section 38 delete "or the Corporation" (each occurrence). 3 66. Parts VII and X deleted 4 Delete Parts VII and X. 5 67. Section 63 deleted 6 Delete section 63. 7 68. Section 66 amended 8 In section 66(3) delete "or the Corporation, as the case 9 requires,". 10 69. Section 69 amended 11 In section 69 delete "Crown, the Corporation" and insert: 12 13 Crown 14 15 70. Section 70 amended 16 In section 70: 17 (a) delete "the Corporation," (each occurrence); 18 (b) delete "or the Corporation" (each occurrence). 19 71. Section 71 amended 20 In section 71 delete "or the Corporation,". 21 72. Section 75 deleted 22 Delete section 75. 23 73. Section 79A amended 24 In section 79A delete "or the chief executive officer of the 25 Corporation, as the case requires,". page 20 Water Services Legislation Amendment and Repeal Bill 2011 Rights in Water and Irrigation Act 1914 amended Part 5 s. 74 1 74. Schedule 1 Appendix amended 2 In Schedule 1 Appendix: 3 (a) in item 1(b) delete "an operating licence under the Water 4 Services Licensing Act 1995." and insert: 5 6 a licence under the Water Services Act 2011. 7 8 (b) in item 10 delete "Commission," and insert: 9 10 Minister or the CEO, 11 page 21 Water Services Legislation Amendment and Repeal Bill 2011 Part 6 Water Agencies (Powers) Act 1984 amended s. 75 1 Part 6 -- Water Agencies (Powers) Act 1984 amended 2 75. Act amended 3 This Part amends the Water Agencies (Powers) Act 1984. 4 76. Long title amended 5 In the long title delete "powers, to give the Water 6 Corporation powers, to make other provisions in respect of 7 their functions," and insert: 8 9 powers, to make other provisions in respect of the Minister's 10 functions, 11 12 77. Section 3 amended 13 (1) In section 3(1) delete the definitions of: 14 charge 15 Corporation 16 gross rental value 17 local authority 18 officer 19 unimproved value 20 valuation 21 waste 22 (2) In section 3(1) in the definition of statutory authority delete 23 "Minister, the CEO or the Corporation," and insert: 24 25 Minister or the CEO, 26 27 (3) In section 3(1) in the definition of works delete "by the 28 Corporation for the purposes of water services or". page 22 Water Services Legislation Amendment and Repeal Bill 2011 Water Agencies (Powers) Act 1984 amended Part 6 s. 78 1 78. Section 5 amended 2 (1) In section 5(1): 3 (a) in paragraph (a) delete "Water Authority" and insert: 4 5 Arterial Drainage 6 7 (b) in paragraph (f) delete "1947;" and insert: 8 9 1947. 10 11 (c) delete paragraphs (d), (e), (g), (h) and (i). 12 (2) After section 5(1) insert: 13 14 (2) In a provision of this Act that has effect by reference to 15 a past event or status, a reference to a relevant Act 16 includes a reference to an Act referred to subsection (1) 17 as in force immediately before the commencement of 18 the Water Services Legislation Amendment and Repeal 19 Act 2011 section 78. 20 21 79. Section 8 amended 22 In section 8: 23 (a) delete "Corporation, or the"; 24 (b) delete "Corporation or the" (each occurrence). 25 Note: The heading to amended section 8 is to read: 26 Vesting interest in land in Minister 27 80. Section 10 amended 28 Delete section 10(2). 29 Note: The heading to amended section 10 is to read: 30 Functions and powers of Minister -- relation to other functions 31 and powers page 23 Water Services Legislation Amendment and Repeal Bill 2011 Part 6 Water Agencies (Powers) Act 1984 amended s. 81 1 81. Section 14 amended 2 In section 14(12) in the definition of water services licensee 3 delete "section 3 of the Water Services Licensing Act 1995." and 4 insert: 5 6 the Water Services Act 2011 section 3(1). 7 8 82. Section 34 amended 9 (1) In section 34(1) delete "or the Corporation of their respective 10 functions" and insert: 11 12 of functions 13 14 (2) In section 34(3): 15 (a) in paragraph (g) delete "watercourse;" and insert: 16 17 watercourse. 18 19 (b) delete paragraphs (h), (i), (j), (k), (l) and (n). 20 83. Part III heading replaced 21 Delete the heading to Part III and insert: 22 23 Part III -- Liability, indemnity etc. 24 25 84. Part III Divisions 1A and 2 deleted 26 Delete Part III Divisions 1A and 2. page 24 Water Services Legislation Amendment and Repeal Bill 2011 Water Agencies (Powers) Act 1984 amended Part 6 s. 85 1 85. Part III Division 6 heading deleted 2 Delete the heading to Part III Division 6. 3 86. Parts IV and V deleted 4 Delete Parts IV and V. 5 87. Section 70 amended 6 In section 70(2) delete "or a person authorised by the 7 Corporation". 8 88. Section 71 amended 9 (1) Delete section 71(1)(a)(i). 10 (2) In section 71(3): 11 (a) delete "Minister, or the Corporation by its officers or 12 agents," and insert: 13 14 Minister 15 16 (b) delete "or the Corporation" (second occurrence). 17 89. Section 72 amended 18 In section 72(6): 19 (a) delete "or the Corporation" (first occurrence); 20 (b) delete "or the Corporation by its officers,". page 25 Water Services Legislation Amendment and Repeal Bill 2011 Part 6 Water Agencies (Powers) Act 1984 amended s. 90 1 90. Section 73 amended 2 In section 73(1): 3 (a) delete "Minister or the Corporation, an officer of the 4 Department or the Corporation or any other person who 5 pursuant to section 3(3) is deemed to be authorised to 6 exercise a power of the Minister or the Corporation," 7 and insert: 8 9 Minister, an officer of the Department or any other 10 person who pursuant to section 3(3) is deemed to be 11 authorised to exercise a power of the Minister, 12 13 (b) in paragraph (b) delete "Minister or the Corporation, any 14 property sewer or any fixture or fitting; or" and insert: 15 16 Minister; or 17 18 (c) delete paragraphs (c) and (d); 19 (d) delete "or the Corporation" (second and third 20 occurrences). 21 91. Section 78 amended 22 (1) In section 78(1): 23 (a) delete "or the Corporation" (first and third occurrences); 24 (b) delete "Commission, the Minister or the Corporation" 25 and insert: 26 27 Commission or the Minister 28 page 26 Water Services Legislation Amendment and Repeal Bill 2011 Water Agencies (Powers) Act 1984 amended Part 6 s. 92 1 (2) In section 78(2) delete "Commission, the Minister or the 2 Corporation" and insert: 3 4 Commission or the Minister 5 6 92. Section 82 amended 7 Delete section 82(1a). 8 93. Section 83 amended 9 (1) Delete section 83(1). 10 (2) In section 83(2) delete "subsections (1) and (1a)" and insert: 11 12 subsection (1a) 13 14 94. Section 84 amended 15 Delete section 84(1). 16 95. Section 85 deleted 17 Delete section 85. 18 96. Section 86 amended 19 In section 86 in the definition of major works delete 20 paragraph (b) and insert: 21 22 (b) such other works as the Minister considers, by 23 virtue of their location, size or nature, to be of 24 sufficient public interest to require public 25 advertisement and that an opportunity to object 26 or comment thereon should be given. 27 page 27 Water Services Legislation Amendment and Repeal Bill 2011 Part 6 Water Agencies (Powers) Act 1984 amended s. 97 1 97. Section 87 amended 2 Delete section 87(1). 3 98. Section 88 amended 4 In section 88(1) delete "works, and the Corporation must, before 5 submitting proposals to the Minister for the carrying out, 6 construction or provision of major". 7 99. Section 89 amended 8 Delete section 89(3) and insert: 9 10 (3) Where the Minister so determines, and whether or not 11 by reason of objections or comments received, the 12 Minister may amend the proposal by making 13 alterations to the plans or proposals so deposited and 14 advise the persons who are, in the opinion of the 15 Minister, likely to be affected by such alterations. 16 17 100. Section 90 deleted 18 Delete section 90. 19 101. Section 91 amended 20 Delete section 91(1), (2) and (3). 21 102. Section 95 amended 22 Delete section 95(1), (2), (3) and (4). page 28 Water Services Legislation Amendment and Repeal Bill 2011 Water Agencies (Powers) Act 1984 amended Part 6 s. 103 1 103. Section 97 amended 2 Delete section 97(4) and insert: 3 4 (4) Where the Minister is satisfied that a deviation or 5 modification of a kind to which subsection (1), (2) 6 or (3) does not apply -- 7 (a) is not inconsistent with the general proposal; 8 and 9 (b) is necessary in the public interest; and 10 (c) does not adversely affect the interest of any 11 person who is the owner or occupier of the land 12 where the works are to be situate, 13 the Minister may carry out the works as so varied, 14 despite the provisions of sections 88 and 89, or 93, 94 15 and 95, not having been complied with. 16 17 104. Part VIII Divisions 3 and 4 deleted 18 Delete Part VIII Divisions 3 and 4. 19 105. Section 103 amended 20 In section 103(11) delete "Corporation shall" and insert: 21 22 chief executive officer of a water corporation (as 23 defined in section 106(1A)) must 24 page 29 Water Services Legislation Amendment and Repeal Bill 2011 Part 6 Water Agencies (Powers) Act 1984 amended s. 106 1 106. Section 106 amended 2 (1) Before section 106(1) insert: 3 4 (1A) In this section -- 5 water corporation means a corporation as defined in 6 the Water Corporations Act 1995 section 3(1). 7 8 (2) In section 106(1) delete "the Water Corporation or a water 9 board" and insert: 10 11 a water corporation 12 13 (3) Delete section 106(4). 14 107. Section 111 amended 15 Delete section 111(4). 16 108. Section 112 amended 17 Delete section 112(3)(a). 18 109. Various references to "Corporation" amended 19 In the provisions listed in the Table: 20 (a) delete "or the Corporation" (each occurrence); 21 (b) delete "or the Corporation's"; 22 (c) delete "or Corporation". 23 Table s. 3(3) s. 34(3)(b) s. 36(1)(c), (3), (4), (6) and (7) s. 62(1) and (3) page 30 Water Services Legislation Amendment and Repeal Bill 2011 Water Agencies (Powers) Act 1984 amended Part 6 s. 109 s. 63 s. 70(1), (2) and (3) s. 71(1) and (2) s. 72(1), (2), (4) and (7) s. 73(3) and (4) s. 75 s. 77 s. 79 s. 81(1), (2) and (3) s. 83(2) and (3) s. 84(2), (3) and (4) s. 86 def. of exempt works par. (c) s. 88(1) s. 89(2) s. 92 s. 93 s. 94(2) and (3) s. 96 s. 97(1), (2) and (3) 1 Note: The heading to amended section 81 is to read: 2 Claims against Crown for use of land and application of Public 3 Works Act 1902 4 Note: The heading to amended section 96 is to read: 5 Minister to carry out exempt works page 31 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 110 1 Part 7 -- Water Corporation Act 1995 amended 2 110. Act amended 3 This Part amends the Water Corporation Act 1995. 4 111. Long title amended 5 In the long title delete "establish a corporation" and insert: 6 7 establish, and to provide for the establishment of, 8 corporations 9 10 112. Section 1 amended 11 In section 1 delete "Corporation" and insert: 12 13 Corporations 14 15 113. Section 3 amended 16 (1) In section 3(1) delete the definitions of: 17 board 18 chief executive officer 19 corporation 20 director 21 member of staff 22 non-executive director 23 water service 24 (2) In section 3(1) insert in alphabetical order: 25 26 board, of a corporation, means the board of directors of 27 the corporation under section 7; page 32 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 113 1 Bunbury Water Corporation means the body 2 established by section 4(2); 3 Busselton Water Corporation means the body 4 established by section 4(3); 5 chief executive officer, of a corporation, means the 6 person holding the office of chief executive officer of 7 the corporation under section 13 and, except in 8 section 13, includes an acting chief executive officer 9 under section 13(5); 10 corporation means -- 11 (a) a body established by section 4(1), (2) or (3); or 12 (b) a body established by the Governor under 13 section 4(4); 14 director, of a corporation, means a member of the 15 board of the corporation; 16 member of staff, of a corporation, means a person 17 engaged by the board of the corporation under 18 section 15; 19 Water Corporation means the body established by 20 section 4(1); 21 water service has the meaning given in the Water 22 Services Act section 3(1); 23 Water Services Act means the Water Services 24 Act 2011. 25 26 (3) In section 3(1) in the definition of executive officer: 27 (a) delete "officer means" and insert: 28 29 officer, of a corporation, means 30 31 (b) delete "the" (first occurrence). page 33 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 114 1 (4) In section 3(1) in the definition of subsidiary delete "subsidiary 2 means --" and insert: 3 4 subsidiary, of a corporation, means -- 5 6 114. Section 4 amended 7 Delete section 4(2), (3) and (4) and insert: 8 9 (2) There is established a body called the Bunbury Water 10 Corporation. 11 (3) There is established a body called the Busselton Water 12 Corporation. 13 (4) The Governor may, by order published in the Gazette, 14 establish a body with the name specified in the order. 15 (5) The Governor cannot establish a body under 16 subsection (4) without the concurrence of the 17 Treasurer. 18 19 Note: The heading to amended section 4 is to read: 20 Water corporations established 21 115. Section 5A inserted 22 After section 4 insert: 23 24 5A. Nature of corporations 25 (1) Each corporation is a body corporate with perpetual 26 succession. 27 (2) Proceedings may be taken by or against a corporation 28 in its corporate name. page 34 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 116 1 (3) A corporation may use, and operate under, one or more 2 trading names approved by the Minister being -- 3 (a) an abbreviation or adaptation of its corporate 4 name; or 5 (b) a name other than its corporate name. 6 7 116. Section 6 amended 8 Delete section 6(1) and insert: 9 10 (1) A corporation is not, and is not to become, a public 11 sector body under the Public Sector Management 12 Act 1994. 13 14 Note: The heading to amended section 6 is to read: 15 Corporations and officers not part of public sector 16 117. Section 7A inserted 17 At the end of Part 2 Division 1 insert: 18 19 7A. Dissolution of bodies established by Governor 20 (1) The Governor may, with the concurrence of the 21 Treasurer, by order published in the Gazette, dissolve a 22 body established under section 4(4). 23 (2) The order may deal with anything to be done, or that 24 occurs, because of the dissolution of the body, 25 including any of the following -- 26 (a) the assignment or disposal of assets of the 27 body, including assets that are on, in, over or 28 under land that is not the property of the body; 29 (b) the assignment or discharge of liabilities of the 30 body; page 35 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 117 1 (c) the substitution of a specified person for the 2 body as a party to specified proceedings; 3 (d) the modification of specified agreements and 4 instruments (other than enactments) referring to 5 the body; 6 (e) proceedings and remedies that might have been 7 commenced by, or available to or against, the 8 body being commenced by, or becoming 9 available to or against, a specified person; 10 (f) any act, matter or thing done or omitted to be 11 done by, to or in respect of the body before the 12 dissolution; 13 (g) the taking possession of books, documents or 14 other records, however compiled or stored, 15 relating to the operations of the body; 16 (h) the making and submission of any outstanding 17 reports under Part 4 Division 3 and a final 18 report in respect of the body; 19 (i) the continuation of the body with the powers 20 that are necessary or convenient for the 21 purposes of doing anything under the order 22 (including making and submitting the reports 23 referred to in paragraph (h)); 24 (j) the exemption from any State tax of anything 25 that occurs by operation of, or under, the order. 26 (3) In subsection (2) -- 27 specified means specified in the order. page 36 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 118 1 (4) Anything that occurs by operation of, or under, the 2 order does not give rise to a breach of an existing right 3 or obligation (whether contractual or not) or any 4 remedy that did not already exist. 5 6 118. Section 7 amended 7 (1) Delete section 7(1) and insert: 8 9 (1) Each corporation is to have a board of directors 10 comprising 6 or 7 persons appointed by the Governor 11 on the nomination of the Minister. 12 (2A) The chief executive officer of a corporation may be a 13 director of the corporation. 14 (2B) A member of staff of a corporation cannot to be a 15 director of the corporation. 16 17 (2) In section 7(2): 18 (a) after "board" (first occurrence) insert: 19 20 of a corporation 21 22 (b) delete paragraph (b) and insert: 23 24 (b) in the case of a nomination for appointment to 25 the board of a regional water corporation -- the 26 nominee is a person ordinarily resident in an 27 operating area of the corporation so far as is 28 necessary for the majority of the directors of 29 the corporation, at the time of the appointment, 30 to be persons so resident. 31 page 37 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 119 1 (3) After section 7(2) insert: 2 3 (3A) In subsection (2)(b) -- 4 operating area, of a corporation, means an operating 5 area of a licence held by the corporation under the 6 Water Services Act; 7 regional water corporation means the Bunbury Water 8 Corporation or the Busselton Water Corporation. 9 (3B) The Minister need only comply with subsection (2)(b) 10 to the extent practicable. 11 12 (4) In section 7(3) delete "an office of non-executive director" and 13 insert: 14 15 the membership of the board of a corporation 16 17 119. Section 10 amended 18 (1) Before section 10(1) insert: 19 20 (1A) This section applies to a director of a corporation who 21 is not the chief executive officer of the corporation. 22 23 (2) In section 10(1) delete "A non-executive" and insert: 24 25 The 26 27 (3) In section 10(2) delete "a non-executive director who" and 28 insert: 29 30 the director if he or she 31 page 38 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 120 1 120. Section 13 amended 2 Delete section 13(1) and insert: 3 4 (1) Each corporation must have a chief executive officer. 5 6 121. Section 15 amended 7 Delete section 15(1) and insert: 8 9 (1) The power to engage and manage the staff of a 10 corporation is vested in its board. 11 12 122. Section 20 amended 13 In section 20: 14 (a) in paragraph (a) delete "directors;" and insert: 15 16 directors of a corporation; and 17 18 (b) in paragraph (b) delete "the corporation" and insert: 19 20 a corporation 21 22 123. Section 21 amended 23 (1) Delete section 21(1) and (2) and insert: 24 25 (1) Schedule 2 clauses 2 to 11, 15 and 16 apply to the chief 26 executive officer of a corporation as if references to a 27 director were replaced by references to a chief 28 executive officer. page 39 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 124 1 (2) Schedule 2 clauses 4 and 7 to 11 apply to a former 2 executive officer of a corporation as if references to a 3 former director were replaced by references to a former 4 chief executive officer. 5 (3A) The application of the clauses referred to in 6 subsections (1) and (2) to the chief executive officer 7 and a former chief executive officer, respectively, is in 8 addition to any application those clauses have to the 9 person in the capacity of director or former director of 10 the corporation. 11 12 (2) In section 21(3) delete "chief executive officer or a former chief 13 executive officer" and insert: 14 15 person 16 17 124. Section 22 amended 18 (1) In section 22(1) delete "Clauses 2 to 5, 7 to 11, 15 and 16 of 19 Schedule 2 apply to an executive officer" and insert: 20 21 Schedule 2 clauses 2 to 5, 7 to 11, 15 and 16 apply to 22 an executive officer of a corporation 23 24 (2) In section 22(2) delete "Clauses 4 and 7 to 11 of Schedule 2 25 apply to a former executive officer" and insert: 26 27 Schedule 2 clauses 4 and 7 to 11 apply to a former 28 executive officer of a corporation 29 page 40 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 125 1 125. Section 23 replaced 2 Delete section 23 and insert: 3 4 23. Members of staff, duties imposed 5 (1) In this section -- 6 former member of staff means a former member of 7 staff other than a former executive officer; 8 member of staff means a member of staff other than an 9 executive officer. 10 (2) Schedule 2 clauses 4, 5 and 7 to 11 apply to a member 11 of staff as if references to a director were replaced by 12 references to a member of staff. 13 (3) Schedule 2 clauses 4 and 7 to 11 apply to a former 14 member of staff as if references to a director were 15 replaced by references to a former member of staff. 16 17 126. Section 27 amended 18 (1) Delete section 27(3) and insert: 19 20 (3) If the performance of any of a corporation's functions 21 referred to in subsection (1)(a) or (b) requires that the 22 corporation hold a licence under the Water Services 23 Act, the corporation may only perform that function in 24 accordance with the terms and conditions of such a 25 licence. 26 27 (2) Delete section 27(5) and (6). page 41 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 127 1 (3) In section 27(7) delete the definition of wastewater and insert: 2 3 wastewater has the meaning given in the Water 4 Services Act section 3(1). 5 6 127. Section 28A inserted 7 After section 27 insert: 8 9 28A. Corporations may act at their discretion 10 The fact that a corporation has a function given to it by 11 this Act does not impose a duty on it to do any 12 particular thing and, subject to -- 13 (a) this Act; and 14 (b) any direction given to the corporation under 15 this Act, 16 it has a discretion as to how and when it performs the 17 function. 18 19 128. Section 29 amended 20 (1) In section 29(2) delete "the corporation" (first and second 21 occurrences) and insert: 22 23 a corporation 24 25 (2) Delete section 29(4) and insert: 26 27 (4) If the generality of any power conferred on a 28 corporation by this Act is restricted by any provision of 29 the Water Services Act, that restriction applies, despite 30 this Act. 31 page 42 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 129 1 129. Section 31 amended 2 (1) After section 31(1) insert: 3 4 (2A) The Minister cannot give approval under subsection (1) 5 without the concurrence of the Treasurer. 6 7 (2) Delete section 31(2) and insert: 8 9 (2) A corporation must ensure that the constitution of 10 every subsidiary of the corporation that under a written 11 law or the Corporations Act is required to have a 12 constitution -- 13 (a) contains provisions to the effect of those set out 14 in Schedule 4; and 15 (b) is consistent with this Act; and 16 (c) is not amended in a way that is inconsistent 17 with this Act. 18 19 (3) In section 31(3): 20 (a) delete "The corporation" and insert: 21 22 A corporation 23 24 (b) delete "memorandum and articles of association" and 25 insert: 26 27 constitution 28 page 43 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 129 1 (4) In section 31(4): 2 (a) delete "articles of association" and insert: 3 4 constitution 5 6 (b) delete "the corporation." and insert: 7 8 a corporation. 9 10 (5) After section 31(4) insert: 11 12 (5) A director, the chief executive officer or a member of 13 staff of a corporation may, with the approval of the 14 board of the corporation, become -- 15 (a) a member of the committee of an incorporated 16 association; or 17 (b) a director of a company, 18 that is or is to be a subsidiary of the corporation and 19 may represent the interests of the corporation on that 20 committee or the board of directors of that company. 21 (6) Neither -- 22 (a) subsection (2) or (3); nor 23 (b) the provisions referred to in subsection (2)(a) 24 included in the constitution of a subsidiary, 25 make a corporation or the Minister a director of a 26 subsidiary of the corporation for the purposes of the 27 Corporations Act. 28 (7) Subsections (1) to (6) and Schedule 4, as in force 29 immediately after the Water Services Legislation 30 Amendment and Repeal Act 2011 section 129 came 31 into operation, are declared to be Corporations page 44 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 130 1 legislation displacement provisions for the purposes of 2 the Corporations Act section 5G in relation to the 3 Corporations legislation to which Part 1.1A of that Act 4 applies generally. 5 6 130. Section 32 amended 7 (1) In section 32(2): 8 (a) in paragraph (a) delete "the corporation" (first 9 occurrence) and insert: 10 11 a corporation 12 13 (b) in paragraph (c) delete "amount." and insert: 14 15 amount for the corporation. 16 17 (2) In section 32(4) after "amount" insert: 18 19 for a corporation 20 21 131. Section 34 amended 22 In section 34: 23 (a) after "addition to" insert: 24 25 the requirements under 26 27 (b) delete "the corporation" and insert: 28 29 a corporation 30 page 45 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 132 1 132. Section 35 amended 2 (1) After section 35(2)(a) insert: 3 4 (ba) the chief executive officer; or 5 6 (2) In section 35(4) after "delegate" insert: 7 8 of a corporation 9 10 (3) In section 35(2) after each of paragraphs (a) and (b) insert: 11 12 or 13 14 133. Section 36 amended 15 Delete section 36(1)(a) and (b) and insert: 16 17 (a) any arrangement involving or relating to a 18 corporation or any subsidiary of the corporation 19 or the performance by a corporation of any of 20 its functions; or 21 (b) any act or thing proposed to be done in the 22 State by a corporation or any subsidiary of the 23 corporation in the performance of its functions; 24 or 25 26 134. Part 3 Division 3 heading amended 27 In the heading to Part 3 Division 3 after "with" insert: 28 29 a 30 page 46 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 135 1 135. Section 38 amended 2 (1) In section 38(1): 3 (a) after "person" (first occurrence) insert: 4 5 (the third party) 6 7 (b) after "person" (second occurrence) insert: 8 9 (the second party) 10 11 (c) delete "the corporation" and insert: 12 13 a corporation 14 15 (2) In section 38(2): 16 (a) delete "person" (first occurrence) and insert: 17 18 party 19 20 (b) delete "first person" and insert: 21 22 third party 23 24 136. Section 40 amended 25 In section 40(2)(b) delete "another person" and insert: 26 27 the second party 28 page 47 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 137 1 137. Section 42 replaced 2 Delete section 42 and insert: 3 4 42. Corporations established by Governor -- first 5 strategic development plan 6 In respect of a corporation established by the Governor 7 under section 4(4), the first strategic development plan 8 for the corporation is to be for a period starting at the 9 commencement of the first financial year after the day 10 on which the order referred to in section 4(4) comes 11 into operation. 12 13 138. Section 43 amended 14 In section 43(1) after "plan" insert: 15 16 for a corporation and any subsidiary of the corporation 17 18 139. Section 45 amended 19 (1) In section 45(1) delete "the draft strategic development plan to 20 the board" and insert: 21 22 a draft strategic development plan to the board of a 23 corporation 24 25 (2) In section 45(3) delete "If a draft strategic development plan has 26 not been agreed to by the Minister" and insert: 27 28 If the board and the Minister have not reached 29 agreement on a draft strategic development plan 30 page 48 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 140 1 140. Section 46 amended 2 In section 46(1): 3 (a) delete "If the Minister has not agreed to" and insert: 4 5 If the board of a corporation and the Minister have not 6 reached agreement on 7 8 (b) after "subsidiary" insert: 9 10 of the corporation 11 12 141. Section 47 amended 13 In section 47 delete "When a draft strategic development plan is 14 agreed to by the Minister," and insert: 15 16 When the board of a corporation and the Minister have 17 reached agreement on a draft strategic development 18 plan, 19 20 142. Section 48 amended 21 In section 48(3) after "direction" insert: 22 23 to the board under subsection (2), 24 page 49 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 143 1 143. Section 51 replaced 2 Delete section 51 and insert: 3 4 51. Corporations established by Governor -- first 5 statement of corporate intent 6 In respect of a corporation established by the Governor 7 under section 4(4), the first statement of corporate 8 intent for the corporation is to be for the first financial 9 year to start after the day on which the order referred to 10 in section 4(4) comes into operation. 11 12 144. Section 52 amended 13 (1) In section 52(1) after "intent" insert: 14 15 for a corporation and any subsidiary of the corporation 16 17 (2) In section 52(2) delete "for the corporation and any subsidiary". 18 145. Section 54 amended 19 (1) In section 54(1): 20 (a) delete "the" (first occurrence) and insert: 21 22 a 23 24 (b) after "board" insert: 25 26 of a corporation 27 page 50 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 146 1 (2) In section 54(3) delete "If a draft statement of corporate intent 2 has not been agreed to by the Minister" and insert: 3 4 If the board and the Minister have not reached 5 agreement on a draft statement of corporate intent 6 7 146. Section 55 amended 8 In section 55(1): 9 (a) delete "If the Minister has not agreed to" and insert: 10 11 If the board of a corporation and the Minister have not 12 reached agreement on 13 14 (b) after "subsidiary" insert: 15 16 of the corporation 17 18 147. Section 56 amended 19 In section 56(1) delete "When a draft statement of corporate 20 intent is agreed to by the Minister," and insert: 21 22 When the board of a corporation and the Minister have 23 reached agreement on a draft statement of corporate 24 intent, 25 26 148. Section 57 amended 27 In section 57(3) delete "direction," and insert: 28 29 direction to the board under subsection (2), 30 page 51 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 149 1 149. Section 58 amended 2 In section 58(2) delete "under" and insert: 3 4 described in 5 6 150. Section 59 amended 7 (1) In section 59(1): 8 (a) after "The" insert: 9 10 board of a 11 12 (b) delete "subsidiary." and insert: 13 14 subsidiary of the corporation. 15 16 (2) In section 59(4) delete "corporation" and insert: 17 18 board 19 20 151. Section 60 amended 21 In section 60(1): 22 (a) after "The" insert: 23 24 board of a 25 26 (b) after "subsidiary" insert: 27 28 of the corporation 29 page 52 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 152 1 152. Section 65 amended 2 In section 65(1) delete "and the board" and insert: 3 4 to a corporation and the board of the corporation 5 6 153. Section 68 amended 7 Delete section 68(1)(a) and insert: 8 9 (a) to have information in the possession of a 10 corporation and any subsidiary of the 11 corporation; and 12 13 154. Section 69 amended 14 In section 69 after "The" insert: 15 16 board of a 17 18 155. Section 72 deleted 19 Delete section 72. 20 156. Section 73 amended 21 In section 73(1) delete "An" and insert: 22 23 For each corporation, an 24 page 53 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 157 1 157. Section 76 amended 2 In section 76: 3 (a) delete "The corporation" and insert: 4 5 A corporation 6 7 (b) delete "section 75," and insert: 8 9 section 75 or the Local Government Act 1995 10 section 6.26(2)(a)(i), 11 12 158. Section 81 amended 13 (1) Delete section 81(1) and insert: 14 15 (1) The Minister may, with the concurrence of the 16 Treasurer and in accordance with subsections (2), (3A), 17 (3B), (3) and (4), by notice to a corporation, impose 18 monetary limits on the exercise by the corporation of 19 the powers conferred by section 80. 20 21 (2) In section 81(2) after "limit" insert: 22 23 for the Water Corporation 24 25 (3) After section 81(2) insert: 26 27 (3A) The monetary limit for the Bunbury Water Corporation 28 and the Busselton Water Corporation is to be 29 determined for the exercise of those powers in the 30 financial year following the day on which the Water page 54 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 159 1 Services Legislation Amendment and Repeal Act 2011 2 section 158 comes into operation. 3 (3B) The monetary limit for a corporation established by the 4 Governor under section 4(4) is to be determined for the 5 exercise of those powers in the financial year following 6 the day on which the order referred to in section 4(4) 7 comes into operation. 8 9 (4) In section 81(3) delete "That limit" and insert: 10 11 A limit referred to in subsection (2), (3A) or (3B) 12 13 (5) In section 81(4) after "force" insert: 14 15 for a corporation 16 17 (6) Delete section 81(5) and insert: 18 19 (5) A corporation must comply with any limit for the time 20 being in force for the corporation. 21 22 159. Section 85 amended 23 In section 85: 24 (a) delete "Schedule 3," and insert: 25 26 Schedule 3 of this Act, 27 28 (b) delete "the corporation" and insert: 29 30 a corporation 31 page 55 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 160 1 160. Section 88 amended 2 (1) In section 88(1) delete "The" and insert: 3 4 Each 5 6 (2) Delete section 88(2) and insert: 7 8 (2) A document is duly executed by a corporation if -- 9 (a) the common seal of the corporation is affixed to 10 it in the presence of -- 11 (i) 2 directors; or 12 (ii) a director and the chief executive 13 officer; or 14 (iii) a director and an executive officer; 15 or 16 (b) it is signed on behalf of the corporation by a 17 person or persons referred to in subsection (4). 18 19 (3) In section 88(4): 20 (a) delete "The corporation" and insert: 21 22 A corporation 23 24 (b) delete "director or" and insert: 25 26 director, the chief executive officer, 27 page 56 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 161 1 161. Section 89 amended 2 In section 89(1) delete "the corporation" (first occurrence) and 3 insert: 4 5 a corporation 6 7 162. Section 91 amended 8 In section 91(2) delete "Water Services Licensing Act 1995," 9 and insert: 10 11 Water Services Act, 12 13 163. Sections 92, 93 and 94 inserted 14 After section 91 insert: 15 16 92. Minister may vest certain land in Water 17 Corporation and make orders in respect of certain 18 reserves 19 (1) In this section -- 20 former water authority means -- 21 (a) a Minister of the State; or 22 (b) an agency, authority or instrumentality of the 23 State; or 24 (c) a body, whether incorporated or not, 25 established or continued for a public purpose by 26 or under a written law, 27 who or that, at any time before the commencement of 28 section 4(1) of this Act, performed functions relating to 29 the provision of water services; page 57 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 163 1 order means an order made under subsection (2) or (3), 2 as the case requires; 3 relevant official, in relation to an estate or interest in 4 land, or a reserve, specified in an order, means -- 5 (a) the Registrar of Titles; or 6 (b) the Registrar of Deeds and Transfers; or 7 (c) any other person authorised by a written law to 8 register or otherwise act on dealings affecting 9 land, 10 according to which of them, if any, is responsible for 11 registering or otherwise acting on dealings affecting the 12 estate or interest or the reserve. 13 (2) The Minister may, by order published in the Gazette, 14 direct that an estate or interest in land specified in the 15 order be vested in the Water Corporation if -- 16 (a) the estate or interest was previously vested in a 17 former water authority or the State; and 18 (b) the estate or interest is, or is to be, used by the 19 Water Corporation for the purposes of this Act 20 or the Water Services Act. 21 (3) The Minister may, by order published in the Gazette, 22 direct that the care, control and management of a 23 reserve (as defined in the Land Administration 24 Act 1997 section 3(1)) specified in the order is to be 25 placed with the Water Corporation under the Land 26 Administration Act 1997 section 46, if -- 27 (a) the care, control and management of the reserve 28 was previously placed with a former water 29 authority under that section; and 30 (b) the reserve is, or is to be, used by the Water 31 Corporation for the purposes of this Act or the 32 Water Services Act. page 58 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 163 1 (4) An order takes effect -- 2 (a) at the beginning of the day after the day on 3 which the order is published in the Gazette; or 4 (b) if a later day is specified in the order -- at the 5 beginning of that day. 6 (5) When an order takes effect -- 7 (a) in the case of an order under subsection (2) -- 8 each estate or interest in land specified in the 9 order vests in the Water Corporation by force 10 of this paragraph; or 11 (b) in the case of an order under subsection (3) -- 12 the care, control and management of each 13 reserve specified in the order is, by force of this 14 paragraph, placed with the Water Corporation 15 as if it were so placed under the Land 16 Administration Act 1997 section 46. 17 (6) The Minister must give a copy of the order to each 18 relevant official who must do all things necessary to 19 show the effect of subsection (5)(a) or (b), as the case 20 requires. 21 93. Review of Act 22 (1) The Minister must carry out a review of the operation 23 and effectiveness of this Act as soon as practicable 24 after every fifth anniversary of the commencement of 25 the Water Services Legislation Amendment and Repeal 26 Act 2011 section 163, and in the course of that review 27 the Minister must consider and have regard to -- 28 (a) the adequacy of the penalties imposed under 29 this Act; and 30 (b) any other matter that appears to the Minister to 31 be relevant to the operation and effectiveness of 32 this Act. page 59 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 164 1 (2) The Minister must prepare a report based on the review 2 carried out under subsection (1) and, as soon as 3 practicable after the preparation of the report, cause it 4 to be laid before each House of Parliament. 5 94. Transitional provisions 6 Schedule 5 sets out transitional provisions. 7 8 164. Schedule 1 clause 1 amended 9 In Schedule 1 clause 1 in the definition of director after 10 "capacity" insert: 11 12 (if any) 13 14 165. Schedule 1 clause 2 amended 15 In Schedule 1 clause 2(4) after "appointed" (first occurrence) 16 insert: 17 18 to the board of a corporation 19 20 166. Schedule 1 clause 4 amended 21 Delete Schedule 1 clause 4(1) and insert: 22 23 (1) For each corporation, the Governor is to appoint a director 24 of the corporation to be chairperson and another to be 25 deputy chairperson of the board, appointments in each case 26 being made on the nomination of the Minister. 27 page 60 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 167 1 167. Schedule 1 clause 5 amended 2 (1) In Schedule 1 clause 5(1): 3 (a) after "director" (first occurrence) insert: 4 5 of a corporation 6 7 (b) after "director" (second occurrence) insert: 8 9 of the corporation 10 11 (2) In Schedule 1 clause 5(2): 12 (a) delete "Except" and insert: 13 14 If the chief executive officer of a corporation is a director of 15 the corporation then, except 16 17 (b) delete "director." and insert: 18 19 director of the corporation. 20 21 168. Schedule 2 clause 2 amended 22 (1) In Schedule 2 clause 2: 23 (a) delete "A director" and insert: 24 25 (1) A director of a corporation 26 27 (b) delete the Penalty. 28 (2) At the end of Schedule 2 clause 2 insert: 29 30 (2) A person who contravenes subclause (1) -- 31 (a) with intent to deceive or defraud -- 32 (i) the corporation; or page 61 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 169 1 (ii) creditors of the corporation or of any other 2 person; 3 or 4 (b) for any other fraudulent purpose, 5 commits a crime. 6 Penalty: a fine of $20 000 or imprisonment for 5 years, or 7 both. 8 Summary conviction penalty: a fine of $12 000 or 9 imprisonment for 3 years, or both. 10 (3) If subclause (2) does not apply, a person who contravenes 11 subclause (1) commits an offence. 12 Penalty: a fine of $5 000. 13 14 169. Schedule 2 clause 4 amended 15 (1) In Schedule 2 clause 4: 16 (a) delete "A director or a former director" and insert: 17 18 (1) A director or a former director of a corporation 19 20 (b) delete the Penalty. 21 (2) At the end of Schedule 2 clause 4 insert: 22 23 (2) A person who contravenes subclause (1) commits a crime. 24 Penalty: a fine of $20 000 or imprisonment for 5 years, or 25 both. 26 Summary conviction penalty: a fine of $12 000 or 27 imprisonment for 3 years, or both. 28 page 62 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 170 1 170. Schedule 2 clause 5 amended 2 (1) In Schedule 2 clause 5: 3 (a) delete "A director" and insert: 4 5 (1) A director of a corporation 6 7 (b) delete the Penalty. 8 (2) At the end of Schedule 2 clause 5 insert: 9 10 (2) A person who contravenes subclause (1) commits a crime. 11 Penalty: a fine of $20 000 or imprisonment for 5 years, or 12 both. 13 Summary conviction penalty: a fine of $12 000 or 14 imprisonment for 3 years, or both. 15 16 171. Schedule 2 clause 7 amended 17 In Schedule 2 clause 7(b) after "corporation" (first occurrence) 18 insert: 19 20 concerned 21 22 172. Schedule 2 clause 8 amended 23 In Schedule 2 clause 8 after "corporation" (first occurrence) 24 insert: 25 26 concerned 27 page 63 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 173 1 173. Schedule 2 clause 12 amended 2 Delete Schedule 2 clause 12(1) and insert: 3 4 (1A) In subclause (1) -- 5 notifiable interest means an interest in the matter that will, 6 under clause 13(1), disqualify the director from voting on 7 the matter at a meeting of the board unless allowed to do so 8 by a resolution under clause 13(3) or a declaration under 9 clause 13(6). 10 (1) A director of a corporation who has a notifiable interest in a 11 matter involving the corporation must, as soon as possible 12 after the relevant facts have come to the director's 13 knowledge, disclose the nature of the interest at a meeting of 14 the board of the corporation. 15 Penalty: a fine of $5 000. 16 17 174. Schedule 2 clause 14 amended 18 Delete Schedule 2 clause 14(2) and insert: 19 20 (2) A director of a corporation who is knowingly concerned in a 21 contravention of subclause (1) by the corporation (whether 22 or not in relation to the director) -- 23 (a) with intent to deceive or defraud -- 24 (i) the corporation; or 25 (ii) creditors of the corporation or of any other 26 person; 27 or 28 (b) for any other fraudulent purpose, 29 commits a crime. 30 Penalty: a fine of $20 000 or imprisonment for 5 years, or 31 both. 32 Summary conviction penalty: a fine of $12 000 or 33 imprisonment for 3 years, or both. page 64 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 175 1 (3A) If subclause (2)(a) or (b) does not apply, the director 2 commits an offence. 3 Penalty: a fine of $5 000. 4 5 175. Schedule 3 clause 2 amended 6 In Schedule 3 clause 2(1) delete "The" and insert: 7 8 Each 9 10 176. Schedule 3 clause 6 amended 11 In Schedule 3 clause 6 delete "the" and insert: 12 13 each 14 15 177. Schedule 3 clause 7 amended 16 Delete Schedule 3 clause 7(2) and insert: 17 18 (2) The financial statements for the year are to be prepared in 19 accordance with the accounting standards. 20 21 178. Schedule 3 clause 10 amended 22 In Schedule 3 clause 10(1) delete "The" and insert: 23 24 Each 25 page 65 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 179 1 179. Schedule 3 clause 13 amended 2 (1) In Schedule 3 clause 13: 3 (a) delete "The" and insert: 4 5 (1) The 6 7 (b) in paragraph (c) delete "and each" and insert: 8 9 and, subject to subclause (2), each 10 11 (2) At the end of Schedule 3 clause 13 insert: 12 13 (2) Regulations made under section 91 may, in respect of the 14 Bunbury Water Corporation, the Busselton Water 15 Corporation or a body established by the Governor under 16 section 4(4), prescribe a lesser number of named officers for 17 the purposes of subclause (1)(c). 18 19 180. Schedule 3 clause 15 amended 20 In Schedule 3 clause 15(a) after "report" insert: 21 22 of a corporation 23 24 181. Schedule 3 clause 16 amended 25 In Schedule 3 clause 16(1) after "financial report" insert: 26 27 of a corporation 28 page 66 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 182 1 182. Schedule 3 clause 20 amended 2 In Schedule 3 clause 20(1) after "report" insert: 3 4 of a corporation 5 6 183. Schedule 3 clause 23 amended 7 In Schedule 3 clause 23(1) delete "the" (first occurrence) and 8 insert: 9 10 each 11 12 184. Schedule 3 clause 28 amended 13 In Schedule 3 clause 28(1): 14 (a) delete "the corporation," and insert: 15 16 a corporation, 17 18 (b) delete "any" and insert: 19 20 either or both 21 22 (c) in paragraph (b) delete "corporation;" and insert: 23 24 corporation. 25 26 (d) delete paragraph (c). page 67 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 185 1 185. Schedule 3 clause 31 amended 2 Delete Schedule 3 clause 31(1) and (2) and insert: 3 4 (1) A director of a corporation must take all reasonable steps to 5 comply with, or to secure compliance with, Divisions 2 6 and 3. 7 (2) A person who contravenes subclause (1) with intent to 8 deceive or defraud the Minister or the Treasurer or creditors 9 of the corporation commits a crime. 10 Penalty: a fine of $20 000 or imprisonment for 5 years, or 11 both. 12 Summary conviction penalty: a fine of $12 000 or 13 imprisonment for 3 years, or both. 14 (3A) If subclause (2) does not apply, a person who contravenes 15 subclause (1) commits an offence. 16 Penalty: a fine of $5 000. 17 18 186. Schedule 3 clause 35 amended 19 In Schedule 3 clause 35(2) delete "The" and insert: 20 21 Each 22 23 187. Schedule 4 clause 2 amended 24 In Schedule 4 clause 2(3) delete "memorandum and articles of 25 association" and insert: 26 27 constitution 28 page 68 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 188 1 188. Schedule 4 clause 4 amended 2 In Schedule 4 clause 4(2) and (3) delete "memorandum and 3 articles of association" and insert: 4 5 constitution 6 7 189. Schedule 5 inserted 8 After Schedule 4 insert: 9 10 Schedule 5 -- Transitional provisions 11 [s. 94] 12 Division 1 -- Transitional provisions relating to Water 13 Services Legislation Amendment and Repeal Act 2011 14 Subdivision 1 -- Preliminary 15 1. Terms used 16 In this Division -- 17 amended Act means this Act as amended by the Water 18 Services Legislation Amendment and Repeal Act 2011 19 Part 7; 20 Bunbury Water Board means the Bunbury Water Board 21 constituted under the repealed Act; 22 Busselton Water Board means the Busselton Water Board 23 constituted under the repealed Act; 24 commencement day means the day on which the Water 25 Services Legislation Amendment and Repeal Act 2011 26 section 110 comes into operation; 27 corporation means -- 28 (a) the Bunbury Water Corporation; or 29 (b) the Busselton Water Corporation; page 69 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 189 1 former Board means -- 2 (a) the Bunbury Water Board; or 3 (b) the Busselton Water Board; 4 relevant corporation, in relation to a former Board, means 5 the corporation that is a continuation of the former Board 6 under clause 3 or 4; 7 repealed Act means the Water Boards Act 1904. 8 2. Application of Interpretation Act 1984 9 (1) If a provision of the amended Act deals with a matter dealt 10 with by a provision of the repealed Act, then for the 11 purposes of the provisions of the Interpretation Act 1984 12 about the repeal of enactments and the substitution of other 13 enactments for those so repealed -- 14 (a) the provision of the repealed Act is to be taken to 15 have been repealed and re-enacted by the 16 amended Act; and 17 (b) a reference to the commencement of the repealing 18 law is to be taken to be a reference to 19 commencement day. 20 (2) Despite subclause (1), the Interpretation Act 1984 21 sections 36(d) (to the extent to which it applies to subsidiary 22 legislation) and 38 do not apply to the repeal of the Water 23 Boards Act 1904 by the Water Services Legislation 24 Amendment and Repeal Act 2011 section 201. 25 (3) This Division does not limit the operation of the 26 Interpretation Act 1984 except to the extent provided for by 27 this clause. 28 (4) The provisions of this Division and of the regulations made 29 for the purposes of this Division prevail over the provisions 30 of the Interpretation Act 1984 to the extent of any 31 inconsistency. page 70 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 189 1 Subdivision 2 -- Continuation of former Boards 2 3. Bunbury Water Board continues 3 (1) The Bunbury Water Corporation is a continuation of, and is 4 the same legal entity as, the Bunbury Water Board, and 5 rights and liabilities of or in relation to the Bunbury Water 6 Board continue as rights and liabilities of or in relation to 7 the Bunbury Water Corporation. 8 (2) On commencement day, the name "Aqwest" becomes a 9 trading name of the Bunbury Water Corporation, as if 10 approved by the Minister under section 5A(3) of the 11 amended Act. 12 4. Busselton Water Board continues 13 (1) The Busselton Water Corporation is a continuation of, and is 14 the same legal entity as, the Busselton Water Board, and 15 rights and liabilities of or in relation to the Busselton Water 16 Board continue as rights and liabilities of or in relation to 17 the Busselton Water Corporation. 18 (2) On commencement day, the name "Busselton Water" 19 becomes a trading name of the Busselton Water 20 Corporation, as if approved by the Minister under 21 section 5A(3) of the amended Act. 22 5. Members of former Boards 23 (1) A person who, immediately before commencement day, was 24 a member of a former Board becomes, on commencement 25 day -- 26 (a) a director of the board of the relevant corporation as 27 if appointed by the Governor, on the nomination of 28 the Minister, under section 7 of the amended Act; 29 and 30 (b) if the person was, immediately before 31 commencement day, the chairman of the former 32 Board -- the chairperson of the board of the 33 relevant corporation as if appointed by the page 71 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 189 1 Governor, on the nomination of the Minister, under 2 Schedule 1 clause 4 of the amended Act. 3 (2) A person to whom subclause (1) applies holds office, 4 subject to the amended Act, until the expiration of the term 5 of office, and on the same terms and conditions, that applied 6 to the person immediately before commencement day. 7 6. Operating licences of former Boards 8 (1) An operating licence held by a former Board under the 9 Water Services Licensing Act 1995 immediately before 10 commencement day (the former licence) becomes, on 11 commencement day, a licence under the Water Services Act 12 as if granted under section 11 of that Act. 13 (2) The licence remains in force until the day on which the 14 former licence would have expired. 15 (3) The licence authorises the provision of water supply 16 services in the area of the State to which the former licence 17 applied immediately before commencement day. 18 (4) For the purposes of the Water Services Act, the area of the 19 State referred to in subclause (3) is the operating area of the 20 licence for the provision of water supply services. 21 (5) The licence is subject to the same terms and conditions as 22 those to which the former licence was subject immediately 23 before commencement day, to the extent that those terms 24 and conditions are not inconsistent with the Water 25 Services Act. 26 (6) The licence has effect subject to the Water Services Act and 27 so, for example, the licence may be cancelled or amended. 28 7. Supply of water to Water Corporation under Busselton 29 Water Board (Supply of Water to Dunsborough) Act 2009 30 (1) This clause applies to a supply of water to the Water 31 Corporation under the Busselton Water Board (Supply of 32 Water to Dunsborough) Act 2009 (before the repeal of that 33 Act) that is to continue on and after commencement day. page 72 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 189 1 (2) The repeal of the Busselton Water Board (Supply of Water 2 to Dunsborough) Act 2009 does not affect -- 3 (a) the supply of water; or 4 (b) any agreement about the supply of water; or 5 (c) anything to be done under, for or in relation to such 6 an agreement or the supply of water. 7 (3) The supply of water becomes, on commencement day, a 8 supply of water under the amended Act. 9 Subdivision 3 -- Staff of former Boards 10 8. Term used: PSM Act 11 (1) In this Subdivision -- 12 PSM Act means the Public Sector Management Act 1994. 13 (2) If a term has a meaning given in the PSM Act, it has the 14 same meaning in this Subdivision. 15 (3) In this Subdivision a reference to the PSM Act Part 6 16 includes the regulations referred to in section 94 of that Act. 17 9. Transition of employment 18 (1) A person who, immediately before commencement day, was 19 an officer of a former Board under section 31 of the 20 repealed Act becomes, on commencement day -- 21 (a) if the person was the chief executive officer of the 22 former Board -- the chief executive officer of the 23 relevant corporation as if appointed by the board of 24 the corporation, with the concurrence of the 25 Minister, under section 13 of the amended Act; or 26 (b) if paragraph (a) does not apply -- a member of staff 27 of the relevant corporation as if engaged by the 28 board of the corporation under section 15 of the 29 amended Act. 30 (2) Except as otherwise agreed by a person to whom 31 subclause (1) applies, the person's remuneration, existing, 32 accruing or accrued rights, rights under a superannuation page 73 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 189 1 scheme or fund and continuity of service are not affected, 2 prejudiced or interrupted by the operation of subclause (1) 3 or the former Board ceasing to be an organisation under the 4 PSM Act. 5 (3) For the purposes of this clause, a person's service with a 6 former Board is to be taken to have been with the relevant 7 corporation. 8 (4) Except as provided by clause 11, the PSM Act Part 6 does 9 not apply in relation to the transition of the employment of a 10 person by this clause. 11 10. Election as to employment 12 (1) A person who becomes a member of staff of a corporation 13 because of clause 9(1)(b) may, by written notice given to the 14 corporation, elect to return to the Public Sector. 15 (2) A person cannot make an election if, immediately before 16 commencement day, the person was -- 17 (a) employed under a contract of employment that has a 18 fixed term; or 19 (b) a casual employee or a seasonal employee. 20 (3) A person cannot make an election after the end of the period 21 of 2 years after commencement day. 22 (4) A person may withdraw an election at any time by giving 23 the corporation written notice to that effect. 24 (5) A person who makes an election and then withdraws it 25 cannot make another election. 26 11. Application of PSM Act Part 6 to persons who make an 27 election 28 (1) If a person makes an election under clause 10(1), the 29 PSM Act Part 6 applies in respect of the person until -- 30 (a) the person is employed for an indefinite period in a 31 public sector body in accordance with that Part; or page 74 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 189 1 (b) the person otherwise ceases to be a member of staff 2 of the corporation; or 3 (c) the person withdraws the election under 4 clause 10(4), 5 whichever occurs first. 6 (2) While the PSM Act Part 6 applies in respect of the person 7 under subclause (1), it applies, with any necessary changes, 8 as if -- 9 (a) the person were an employee of an organisation 10 whose office, post or position in the organisation 11 has been abolished; and 12 (b) the office, post or position was at the same level of 13 classification as the substantive office, post or 14 position held by the person immediately before 15 commencement day; and 16 (c) the board of the corporation were the employing 17 authority of the person; and 18 (d) the person were registered under the Public Sector 19 Management (Redeployment and Redundancy) 20 Regulations 1994 Part 4. 21 12. Arrangements for return to the Public Sector 22 (1) If a person makes an election under clause 10(1) or 23 withdraws an election under clause 10(4), the corporation, 24 as soon as practicable, must give the Public Sector 25 Commissioner written notice of the election or the 26 withdrawal, as the case requires. 27 (2) If a person makes an election under clause 10(1), the 28 corporation and the Public Sector Commissioner must make 29 the necessary arrangements to facilitate the operation of 30 clause 11 in respect of the person. 31 (3) Subclause (4) applies if a person who makes an election 32 under clause 10(1) is employed for an indefinite period in a 33 public sector body in accordance with the PSM Act Part 6 as 34 applied by clause 11. page 75 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 189 1 (4) The corporation must comply with any requirements in the 2 Treasurer's instructions issued under the Financial 3 Management Act 2006 section 78 relating to the making of 4 payments by an employing authority for liabilities relating 5 to employees whose employing authority changes as if -- 6 (a) the corporation were an employing authority to 7 which those instructions applied; and 8 (b) the person were an employee to whom those 9 instructions applied. 10 (5) If a corporation incurs costs as a result of the operation of 11 this clause or clause 10 or 11, the Treasurer may pay an 12 amount to the corporation to reimburse the corporation for 13 any or all of those costs. 14 13. Contracts for services 15 (1) A person engaged by a former Board under a contract for 16 services that is in force immediately before commencement 17 day becomes, on commencement day, a person engaged by 18 the relevant corporation as if engaged under section 29(2)(f) 19 of the amended Act. 20 (2) Except as otherwise agreed by the person engaged under the 21 contract, the operation of subclause (1) does not affect the 22 terms and conditions of the contract. 23 Subdivision 4 -- Provisions as to accountability and 24 financial provisions 25 14. Strategic development plans 26 The first strategic development plan for a corporation under 27 Part 4 Division 1 is to be in respect of a period starting on 28 the day prescribed for the corporation for the purposes of 29 this clause. 30 15. Statements of corporate intent 31 The first statement of corporate intent for a corporation 32 under Part 4 Division 2 is to be in respect of the financial 33 year prescribed for the corporation for the purposes of this 34 clause. page 76 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 189 1 16. Financial reporting 2 (1) The first financial year in respect of which the reporting 3 requirements in Part 4 Division 3 apply to a corporation is to 4 be the financial year prescribed for the corporation for the 5 purposes of this clause. 6 (2) The Financial Management Act 2006 Part 5 Division 2 7 continues to apply to a corporation in respect of the financial 8 years ending before the financial year prescribed for the 9 corporation under subclause (1) as if the Water Services 10 Legislation Amendment and Repeal Act 2011 section 212 11 had not been enacted. 12 17. Water Funds 13 (1) In this clause -- 14 bank has the meaning given in the Financial Management 15 Act 2006 section 3. 16 (2) An account that, immediately before commencement day, 17 was maintained by a former Board at a bank for the 18 purposes of section 111 of the repealed Act becomes, on 19 commencement day, an account for the relevant corporation 20 under section 73(1)(b) of the amended Act as if established 21 under that section with the approval of the Treasurer. 22 18. Payments to the State under Part 5 Division 2 23 (1) The first financial year in respect of which section 76 24 applies to a corporation is to be the financial year prescribed 25 for the corporation for the purposes of this subclause. 26 (2) The first financial year in respect of which section 79 27 applies to a corporation is to be the financial year prescribed 28 for the corporation for the purposes of this subclause. page 77 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 189 1 Subdivision 5 -- Miscellaneous 2 19. References to former Boards 3 Unless the context otherwise requires, a reference in a 4 written law or other document or instrument to a former 5 Board includes a reference to the relevant corporation. 6 20. References to repealed Act 7 (1) Unless the context otherwise requires, a reference in a 8 written law or other document or instrument to the repealed 9 Act includes a reference to the amended Act. 10 (2) Unless the context otherwise requires, a reference in a 11 written law or other document or instrument to a provision 12 of the repealed Act (the old provision) includes, if there is a 13 provision of the amended Act (the new provision) that deals 14 with the matter dealt with by the old provision, a reference 15 to the new provision. 16 21. Transitional regulations 17 (1) The regulations may -- 18 (a) deal with all matters of a savings or transitional 19 nature arising as a result of the enactment of the 20 Water Services Legislation Amendment and Repeal 21 Act 2011 Part 7 and of section 201; and 22 (b) clarify or vary the provisions of this Division; and 23 (c) amend or repeal subsidiary legislation 24 consequentially on enactment of the Water Services 25 Legislation Amendment and Repeal Act 2011 Part 7 26 and of section 201. 27 (2) Regulations made for the purposes of this clause may -- 28 (a) be expressed to have effect despite another written 29 law; and 30 (b) provide that a specified provision of a written law 31 does not apply, or applies with specified 32 modifications, to or in relation to a matter. page 78 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 189 1 (3) The power in this clause to amend subsidiary legislation 2 made under another Act does not prevent that legislation 3 from being amended under that Act. 4 (4) If regulations made for the purposes of this clause provide 5 that a specified state of affairs is to be taken to have existed, 6 or not to have existed, on and from a day that is earlier than 7 the day on which the regulations are published in the 8 Gazette but not earlier than commencement day, the 9 regulations have effect according to their terms. 10 (5) If regulations contain a provision referred to in 11 subclause (4), the provision does not operate so as to -- 12 (a) affect, in a manner prejudicial to any person (other 13 than the State, an authority of the State or a local 14 government), the rights of that person existing 15 before the day of publication of those regulations; 16 or 17 (b) impose liabilities on any person (other than the 18 State, an authority of the State or a local 19 government) in respect of anything done or omitted 20 to be done before the day of publication of those 21 regulations. 22 (6) Regulations made for the purposes of this clause in relation 23 to a matter referred to in subclause (2) must be made within 24 such period as is reasonably and practicably necessary to 25 deal with the transitional matters that arise as a result of the 26 enactment of the Water Services Legislation Amendment 27 and Repeal Act 2011 Part 7 and of section 201. 28 22. Relationship of provisions of this Division to transitional 29 regulations 30 The provisions of the regulations made for the purposes of 31 this Division prevail over the provisions of this Division to 32 the extent of any inconsistency. 33 page 79 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 190 1 190. Other provisions amended 2 Amend the provisions listed in the Table as set out in the Table. 3 Table Provision Delete Insert Pt. 2 heading Corporation corporations Pt. 2 Div. 1 heading Water water Corporation corporations s. 5, 19(1) and (2), The corporation A corporation 27(4), 28, 29(1) and (3), 30(1), 31(1), 35(1), 71(1), 80(1) and (3), 82(1) s. 6(2), 15(3), 19(4), of a corporation 25(3) after "staff " Pt. 2 Div. 2 heading Board Boards s. 7(4)(a), 8, 9, of a corporation 12(1), 13(5), 16(1), 17(1), 24(1), 25(1), 26(1), 41(1) and (2), 44, 48(1) and (2), 50(1) and (2), 53, 56(3), 57(1), 62(1), 67, 84(1) after "board" s. 11(1) of a corporation after "director" (first occurrence) page 80 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 190 Provision Delete Insert s. 12(3), 19(1), 24(1) of the corporation after "staff " s. 13(2)(a), (4) and of a corporation (6), 14 after "officer" s. 13(2) and (4), of the corporation 68(2)(a) after "board" s. 13(5) of the corporation after "officer" (first occurrence) s. 18, 57(2), 70(1), of a corporation 79(2) and (5) after "board" (first occurrence) s. 19(4), 27(1), the corporation a corporation 32(1), 35(6), 37(1), 60(3), 61(2), 63, 71(1), 74, 79(1)(a), 83(4), 84(2), 86(1), 88(3), 89(3) Pt. 3 heading of corporations after "powers" s. 27(2), 61(1), the corporation a corporation 64(1), 75, 81(6) and (first occurrence) (7), 83(1) s. 32(3) the corporation's a corporation's page 81 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 190 Provision Delete Insert s. 32(3), 41(1), of the corporation 50(1), 68(2)(c) and (4), 70(4) after "subsidiary" s. 60(4) of a corporation after "subsidiary" s. 61(1), 70(1) of the corporation after "subsidiary" (first occurrence) s. 66(1)(a) of the corporation after "board" (first occurrence) Sch. 1 cl. 2(1), 3(1) of a corporation and (2), Sch. 2 cl. 3, 13(4), Sch. 3 cl. 5(1) after "director" Sch. 1 cl. 6(1), 9 of a corporation after "board" (first occurrence) Sch. 1 cl. 6(2) and of a corporation (5), 10, 11, Sch. 2 cl. 13(5) after "board" Sch. 1 cl. 8(1) of a corporation after "directors" (first occurrence) page 82 Water Services Legislation Amendment and Repeal Bill 2011 Water Corporation Act 1995 amended Part 7 s. 190 Provision Delete Insert Sch. 1 cl. 8(1), of the corporation Sch. 2 cl. 13(1) after "board" Sch. 2 cl. 6(1), 13(1) of a corporation and (2), 16(1), (2) and (3) after "director" (first occurrence) Sch. 2 cl. 13(2) of the corporation after "subsidiary" Sch. 2 cl. 14(1), The corporation A corporation Sch. 3 cl. 4(1), 24(2) Sch. 2 cl. 15(1) and The corporation or a A corporation or a (5) subsidiary subsidiary of the corporation Sch. 2 cl. 15(2) and the corporation or a a corporation or a (3) subsidiary subsidiary of the corporation Sch. 3 cl. 4(4), 17(a), the corporation a corporation 21, 23(2), 36, 38(1) and (2), 45(4) Sch. 3 cl. 17(b) of the corporation after "officer" Sch. 3 cl. 19, 45(1) the corporation a corporation (first occurrence) page 83 Water Services Legislation Amendment and Repeal Bill 2011 Part 7 Water Corporation Act 1995 amended s. 190 Provision Delete Insert Sch. 3 cl. 24(3) of the corporation after "directors" 1 Note: The heading to amended section 5 is to read: 2 Corporations not agents of Crown page 84 Water Services Legislation Amendment and Repeal Bill 2011 Water Services Licensing Act 1995 amended Part 8 s. 191 1 Part 8 -- Water Services Licensing Act 1995 amended 2 191. Act amended 3 This Part amends the Water Services Licensing Act 1995. 4 192. Long title amended 5 In the long title delete "to establish a scheme for the licensing 6 of water services, to confer functions on the Economic 7 Regulation Authority in respect of that scheme and other 8 matters,". 9 193. Section 1 amended 10 In section 1 delete "Water Services" and insert: 11 12 Plumbers 13 14 194. Section 3 amended 15 (1) In section 3 delete the definitions of: 16 Authority 17 controlled area 18 inspector 19 irrigation 20 licence 21 licensee 22 operating licence 23 Registrar of Deeds 24 watercourse 25 water services 26 water services works page 85 Water Services Legislation Amendment and Repeal Bill 2011 Part 8 Water Services Licensing Act 1995 amended s. 195 1 (2) In section 3 in the definition of plumber delete "59I;" and 2 insert: 3 4 59I. 5 6 195. Parts 2, 3 and 4 deleted 7 Delete Parts 2, 3 and 4. 8 196. Section 62 amended 9 In section 62(1) delete "the expiry of 5 years from its 10 commencement." and insert: 11 12 every 5th anniversary of the commencement of the 13 Water Services Legislation Amendment and Repeal 14 Act 2011 section 191. 15 16 197. Schedules 1 and 2 deleted 17 Delete Schedules 1 and 2. page 86 Water Services Legislation Amendment and Repeal Bill 2011 Repeals Part 9 s. 198 1 Part 9 -- Repeals 2 198. Drainage legislation repealed 3 These written laws are repealed: 4 (a) the Land Drainage Act 1925; 5 (b) the Land Drainage (Validation) Act 1996; 6 (c) the Land Drainage Regulations 1978; 7 (d) the Land Drainage By-laws 1986. 8 199. Irrigation legislation repealed 9 These written laws are repealed: 10 (a) the Carnarvon Irrigation District By-laws 1962; 11 (b) the Harvey, Waroona and Collie River Irrigation 12 Districts By-laws 1975; 13 (c) the Ord Irrigation District By-laws 1963; 14 (d) the Water Agencies (Preston Valley Irrigation Services) 15 By-laws 1969. 16 200. Sewerage legislation repealed 17 These written laws are repealed: 18 (a) the Country Towns Sewerage Act 1948; 19 (b) the Country Towns Sewerage By-laws 1952. 20 201. Water boards legislation repealed 21 These written laws are repealed: 22 (a) the Water Boards Act 1904; 23 (b) the Busselton Water Board (Supply of Water to 24 Dunsborough) Act 2009; 25 (c) the Water Boards (Bunbury) Regulations 1997; 26 (d) the Water Boards (Busselton) Regulations 2002; 27 (e) the Bunbury Water Board By-laws; page 87 Water Services Legislation Amendment and Repeal Bill 2011 Part 9 Repeals s. 202 1 (f) the Busselton By-laws: Penalties; 2 (g) the Busselton Long Service Leave By-laws; 3 (h) the Busselton Water Area By-laws 1994; 4 (i) the Busselton Water Board - By-laws Relating to Long 5 Service Leave for Employees. 6 202. Other legislation repealed 7 These written laws are repealed: 8 (a) the Metropolitan Water Authority (Miscellaneous) 9 By-laws 1982; 10 (b) the Water Agencies (Charges) By-laws 1987; 11 (c) the Water Corporation (Authorised Capital) 12 Regulations 1997; 13 (d) the Water Services Licensing (Extension of Enactments) 14 Regulations 1997. page 88 Water Services Legislation Amendment and Repeal Bill 2011 Other Acts amended Part 10 s. 203 1 Part 10 -- Other Acts amended 2 203. Aboriginal Heritage Act 1972 amended 3 (1) This section amends the Aboriginal Heritage Act 1972. 4 (2) In section 18(1a): 5 (a) in paragraph (b) delete "land." and insert: 6 7 land; or 8 9 (b) after paragraph (b) insert: 10 11 (c) the person is the holder of a licence under the 12 Water Services Act 2011 as a result of which 13 the person has rights or powers in respect of the 14 land. 15 16 204. Anglican Church of Australia (Diocesan Trustees) Act 1888 17 amended 18 (1) This section amends the Anglican Church of Australia 19 (Diocesan Trustees) Act 1888. 20 (2) In section 5A(6) delete "or the Metropolitan Water Supply, 21 Sewerage and Drainage Act 1909," and insert: 22 23 is not subject to statutory water service charges under 24 the Water Services Act 2011 unless the land is 25 connected to water service works as defined in 26 section 3(1) of that Act, 27 page 89 Water Services Legislation Amendment and Repeal Bill 2011 Part 10 Other Acts amended s. 205 1 205. Building Services (Complaint Resolution and Administration) 2 Act 2011 amended 3 (1) This section amends the Building Services (Complaint 4 Resolution and Administration) Act 2011. 5 (2) In section 3 in the definitions of building service Act 6 paragraph (f), plumbing work and vocational regulatory body 7 paragraph (b) delete "Water Services" and insert: 8 9 Plumbers 10 11 (3) In section 92(5)(e) delete "Water Services" and insert: 12 13 Plumbers 14 15 206. Bulk Handling Act 1967 amended 16 (1) This section amends the Bulk Handling Act 1967. 17 (2) Delete section 52A. 18 207. Conservation and Land Management Act 1984 amended 19 (1) This section amends the Conservation and Land Management 20 Act 1984. 21 (2) In section 3 in the definition of public water catchment area: 22 (a) in paragraph (b)(ii) delete "1909; or" and insert: 23 24 1909; 25 26 (b) delete paragraph (b)(iii). page 90 Water Services Legislation Amendment and Repeal Bill 2011 Other Acts amended Part 10 s. 208 1 (3) In section 53 in the definition of relevant water utility delete 2 paragraph (b) and insert: 3 4 (b) a licence under the Water Services Act 2011. 5 6 208. Constitution Acts Amendment Act 1899 amended 7 (1) This section amends the Constitution Acts Amendment Act 1899. 8 (2) In Schedule V Part 3 delete the item relating to the board of 9 directors of the Water Corporation and insert: 10 11 The board of directors of a corporation established by the Governor 12 under the Water Corporations Act 1995 section 4(4). 13 The board of directors of the Bunbury Water Corporation established 14 by the Water Corporations Act 1995 section 4(2). 15 The board of directors of the Busselton Water Corporation established 16 by the Water Corporations Act 1995 section 4(3). 17 The board of directors of the Water Corporation established by the 18 Water Corporations Act 1995 section 4(1). 19 20 (3) In Schedule V Part 3 in the item relating to the Plumbers 21 Licensing Board delete "Water Services" and insert: 22 23 Plumbers 24 25 (4) In Schedule V Part 3 delete the item relating to water board 26 constituted under the Water Boards Act 1904. 27 209. Economic Regulation Authority Act 2003 amended 28 (1) This section amends the Economic Regulation Authority 29 Act 2003. page 91 Water Services Legislation Amendment and Repeal Bill 2011 Part 10 Other Acts amended s. 209 1 (2) In section 20(5) in the definition of relevant entity: 2 (a) delete paragraphs (a) and (b) and insert: 3 4 (a) a body established by or under the Water 5 Corporations Act 1995 section 4, namely -- 6 (i) the Water Corporation; or 7 (ii) the Bunbury Water Corporation; or 8 (iii) the Busselton Water Corporation; or 9 (iv) a body established by the Governor; 10 or 11 12 (b) in paragraph (c)(iii) delete "Corporation; and" and 13 insert: 14 15 Corporation; or 16 17 (3) In section 20 after subsection (1)(a) and in subsection (5) in the 18 definition of relevant entity after each of paragraph (c)(i) 19 and (ii) insert: 20 21 or 22 23 (4) In section 25(e) delete "section 4 of the Water Services 24 Licensing Act 1995; and" and insert: 25 26 the Water Services Act 2011 section 207; and 27 page 92 Water Services Legislation Amendment and Repeal Bill 2011 Other Acts amended Part 10 s. 210 1 210. Energy Operators (Powers) Act 1979 amended 2 (1) This section amends the Energy Operators (Powers) Act 1979. 3 (2) Delete section 42(2)(a) and insert: 4 5 (a) the powers, authorities and functions of a 6 licensee as defined in the Water Services 7 Act 2011 section 3(1), the Minister 8 administering the Water Agencies (Powers) 9 Act 1984 and any statutory authority within the 10 meaning of that Act; and 11 12 211. Environmental Protection Act 1986 amended 13 (1) This section amends the Environmental Protection Act 1986. 14 (2) In section 57(5) in the definition of designated area: 15 (a) in paragraph (b) delete "or Public Water Supply Area"; 16 (b) in paragraph (c) delete "water-course, lake, lagoon, 17 swamp or marsh" and insert: 18 19 watercourse or wetland 20 21 (c) in paragraph (d) delete "section 26," and insert: 22 23 section 26B, 24 25 212. Financial Management Act 2006 amended 26 (1) This section amends the Financial Management Act 2006. 27 (2) In Schedule 1 delete "Bunbury Water Board". 28 (3) In Schedule 1 delete "Busselton Water Board". page 93 Water Services Legislation Amendment and Repeal Bill 2011 Part 10 Other Acts amended s. 213 1 213. Fire Brigades Act 1942 amended 2 (1) This section amends the Fire Brigades Act 1942. 3 (2) Delete sections 54 and 55. 4 (3) At the beginning of section 61 insert: 5 6 (1) In this section -- 7 water services licensee means a licensee as defined in 8 the Water Services Act 2011 section 3(1). 9 10 (4) In section 61: 11 (a) delete "The Authority," and insert: 12 13 (2) The Authority, 14 15 (b) delete "water supply authority" and insert: 16 17 water services licensee 18 19 214. Fluoridation of Public Water Supplies Act 1966 amended 20 (1) This section amends the Fluoridation of Public Water Supplies 21 Act 1966. 22 (2) In section 5(2)(b) delete "Water Corporation Act 1995" and 23 insert: 24 25 Water Corporations Act 1995 section 4(1) 26 page 94 Water Services Legislation Amendment and Repeal Bill 2011 Other Acts amended Part 10 s. 215 1 215. Hale School Act 1876 amended 2 (1) This section amends the Hale School Act 1876. 3 (2) In section 12 delete "and the Metropolitan Water Supply, 4 Sewerage, and Drainage Act 1909" and insert: 5 6 and, if the land is not connected to water service works 7 as defined in the Water Services Act 2011 section 3(1), 8 from statutory water service charges under that Act 9 10 216. Health Act 1911 amended 11 (1) This section amends the Health Act 1911. 12 (2) In section 63A delete "Water Corporation established by the 13 Water Corporation Act 1995" and insert: 14 15 a licensee as defined in the Water Services Act 2011 16 section 3(1) 17 18 217. Home Building Contracts Act 1991 amended 19 (1) This section amends the Home Building Contracts Act 1991. 20 (2) In section 9(1): 21 (a) in paragraph (c) delete "Water Act," and insert: 22 23 Water Services Act 2011 section 82, 24 page 95 Water Services Legislation Amendment and Repeal Bill 2011 Part 10 Other Acts amended s. 218 1 (b) in paragraph (d) delete "under the Water Act by the 2 Water Corporation (established by the Water 3 Corporation Act 1995)" and insert: 4 5 by a licensee under the Water Services 6 Act 2011 section 82 7 8 (3) Delete section 9(6). 9 218. Housing Act 1980 amended 10 (1) This section amends the Housing Act 1980. 11 (2) In section 38(1) after "government" insert: 12 13 or with the Water Services Act 2011 14 15 (3) In section 38(2) delete the definition of local government. 16 (4) In section 38(2) in the definition of additions delete "fittings;" 17 and insert: 18 19 fittings. 20 21 219. Kambalda Water and Wastewater Facilities (Transfer to Water 22 Corporation) Act 2004 amended 23 (1) This section amends the Kambalda Water and Wastewater 24 Facilities (Transfer to Water Corporation) Act 2004. 25 (2) In section 3 in the definition of Water Corporation delete 26 "section 4 of the Water Corporation Act 1995;" and insert: 27 28 the Water Corporations Act 1995 section 4(1); 29 page 96 Water Services Legislation Amendment and Repeal Bill 2011 Other Acts amended Part 10 s. 220 1 220. Land Administration Act 1997 amended 2 (1) This section amends the Land Administration Act 1997. 3 (2) In section 159(eb) delete "Water Services Licensing Act 1995;" 4 and insert: 5 6 Water Services Act 2011; 7 8 (3) In section 160(1)(eb) delete "for the purposes of section 18 of 9 the Water Services Licensing Act 1995 or to any officer" and 10 insert: 11 12 under the Water Services Act 2011 section 11 13 or to any officer or employee 14 15 221. Parliamentary Commissioner Act 1971 amended 16 (1) This section amends the Parliamentary Commissioner Act 1971. 17 (2) In section 34(1) after "energy ombudsman scheme" insert: 18 19 or a water ombudsman scheme 20 21 (3) In section 34(4) delete "energy ombudsman". 22 (4) In section 34(5) delete "under the" and insert: 23 24 under an 25 page 97 Water Services Legislation Amendment and Repeal Bill 2011 Part 10 Other Acts amended s. 222 1 (5) In section 34(7) insert in alphabetical order: 2 3 water ombudsman scheme means a scheme approved 4 under the Water Services Act 2011 Part 4. 5 6 (6) In section 34(7) in the definition of governing body: 7 (a) after "ombudsman scheme" insert: 8 9 or a water ombudsman scheme 10 11 (b) delete "scheme." and insert: 12 13 scheme; 14 15 Note: The heading to amended section 34 is to read: 16 Energy and water ombudsman schemes 17 222. Planning and Development Act 2005 amended 18 (1) This section amends the Planning and Development Act 2005. 19 (2) Delete section 10(1)(c)(ii) and insert: 20 21 (ii) the chief executive officer of the 22 department principally assisting in the 23 administration of the Water Agencies 24 (Powers) Act 1984; and 25 26 (3) In section 167(1)(b)(ii) delete "Water Services Licensing 27 Act 1995," and insert: 28 29 Water Services Act 2011 section 3(1), 30 page 98 Water Services Legislation Amendment and Repeal Bill 2011 Other Acts amended Part 10 s. 223 1 223. Presbyterian Church Act 1908 amended 2 (1) This section amends the Presbyterian Church Act 1908. 3 (2) In section 21(6) delete "1995 or the Metropolitan Water Supply, 4 Sewerage, and Drainage Act 1909" and insert: 5 6 1995, is not subject to statutory water service charges 7 under the Water Services Act 2011 unless the land is 8 connected to water service works as defined in 9 section 3(1) of that Act, 10 11 224. Public Sector Management Act 1994 amended 12 (1) This section amends the Public Sector Management Act 1994. 13 (2) Delete Schedule 1 item 19 and insert: 14 19 A body established by or under the Water Corporations Act 1995 section 4, namely -- (i) the Water Corporation; and (ii) the Bunbury Water Corporation; and (iii) the Busselton Water Corporation; and (iv) a body established by the Governor. 15 16 225. Public Works Act 1902 amended 17 (1) This section amends the Public Works Act 1902. 18 (2) In section 5A(e) delete "Water Corporation Act 1995" and 19 insert: 20 21 Water Services Act 2011 22 page 99 Water Services Legislation Amendment and Repeal Bill 2011 Part 10 Other Acts amended s. 226 1 (3) In section 5B(1): 2 (a) in paragraph (c)(iii) delete "Corporation; and" and 3 insert: 4 5 Corporation; or 6 7 (b) in paragraph (d) delete "Water Corporation established 8 by the Water Corporation Act 1995 or an officer of that 9 corporation;" and insert: 10 11 holder of a licence granted under the Water 12 Services Act 2011 section 11 or to any officer 13 or employee of the holder of the licence; 14 15 226. Rates and Charges (Rebates and Deferments) 16 Act 1992 amended 17 (1) This section amends the Rates and Charges (Rebates and 18 Deferments) Act 1992. 19 (2) In section 3(1) delete the definition of Water Board. 20 (3) In section 3(1) in the definition of prescribed charge delete 21 paragraph (b)(i) and (ii) and insert: 22 23 (i) the Water Services Act 2011; or 24 25 (4) In section 3(1): 26 (a) in the definition of the pension means test after 27 paragraph (a)(i) insert: 28 29 and 30 31 (b) in the definition of dependant after each of 32 paragraphs (a) and (ab), the definition of eligibility after page 100 Water Services Legislation Amendment and Repeal Bill 2011 Other Acts amended Part 10 s. 227 1 each of paragraphs (a) and (a)(i) and (ii) and the 2 definition of prescribed charge after each of 3 paragraphs (a) and (b) insert: 4 5 or 6 7 (5) In section 16(4): 8 (a) delete "Water Board" (first occurrence) and insert: 9 10 prescribed licensee 11 12 (b) delete "Water Board" (second occurrence) and insert: 13 14 licensee 15 16 (6) After section 16(4) insert: 17 18 (5) In subsection (4) -- 19 prescribed licensee means a licensee under the Water 20 Services Act 2011 (other than a body established by or 21 under the Water Corporations Act 1995 section 4 or a 22 local government) who is prescribed for the purposes 23 of subsection (4). 24 25 227. Residential Parks (Long-stay Tenants) Act 2006 amended 26 (1) This section amends the Residential Parks (Long-stay Tenants) 27 Act 2006. 28 (2) Delete Schedule 1 clause 15(c) and insert: 29 30 (c) the Water Services Act 2011, except a charge for the 31 volume of water consumed. 32 page 101 Water Services Legislation Amendment and Repeal Bill 2011 Part 10 Other Acts amended s. 228 1 228. Sentencing Act 1995 amended 2 (1) This section amends the Sentencing Act 1995. 3 (2) In Schedule 1 delete the item relating to the Land Drainage 4 Act 1925. 5 (3) In Schedule 1 delete the item relating to the Water Boards 6 Act 1904. 7 229. Soil and Land Conservation Act 1945 amended 8 (1) This section amends the Soil and Land Conservation Act 1945. 9 (2) In the Schedule: 10 (a) delete "Land Drainage Act 1925"; 11 (b) after "Stock (Identification and Movement) Act 1970" insert: 12 13 Water Services Act 2011 14 15 230. State Records Act 2000 amended 16 (1) This section amends the State Records Act 2000. 17 (2) In Schedule 3 delete item 2 and insert: 18 19 2. A body established by or under the Water Corporations 20 Act 1995 section 4, namely -- 21 (i) the Water Corporation; and 22 (ii) the Bunbury Water Corporation; and 23 (iii) the Busselton Water Corporation; and 24 (iv) a body established by the Governor. 25 26 (3) In Schedule 3 item 1 after each of subitems (i) and (ii) insert: 27 28 and 29 page 102 Water Services Legislation Amendment and Repeal Bill 2011 Other Acts amended Part 10 s. 231 1 231. Statutory Corporations (Liability of Directors) 2 Act 1996 amended 3 (1) This section amends the Statutory Corporations (Liability of 4 Directors) Act 1996. 5 (2) In Schedule 1 delete the item relating to the Bunbury 6 Water Board. 7 (3) In Schedule 1 delete the item relating to the Busselton 8 Water Board. 9 232. Strata Titles Act 1985 amended 10 (1) This section amends the Strata Titles Act 1985. 11 (2) Delete section 60(4). 12 (3) In section 66 after "an authority" insert: 13 14 (including a licensee as defined in the Water Services 15 Act 2011 section 3(1)) 16 17 (4) At the end of Part IV Division 5 insert: 18 19 67. Water service charges under the Water Services 20 Act 2011 21 For the purposes of this Division -- 22 (a) a statutory water service charge (as defined in 23 the Water Services Act 2011 section 71(1)) that 24 applies in respect of land is to be taken to be a 25 rate made and levied by an authority (that is, 26 the licensee to whom the charge is payable); 27 and page 103 Water Services Legislation Amendment and Repeal Bill 2011 Part 10 Other Acts amended s. 233 1 (b) the licensee is to be taken to be an authority 2 authorised to make and levy the rate on the 3 land. 4 5 233. Swan and Canning Rivers Management Act 2006 amended 6 (1) This section amends the Swan and Canning Rivers Management 7 Act 2006. 8 (2) In Schedule 5 item 1: 9 (a) delete subitem (m); 10 (b) in subitem (cc) delete "Water and Rivers Commission 11 Act 1995;" and insert: 12 13 Water Agencies (Powers) Act 1984; 14 15 (c) in subitem (dd) delete "Water Corporation Act 1995;" and 16 insert: 17 18 Water Corporations Act 1995; 19 20 (d) after subitem (dd) insert: 21 22 (eea) the Water Services Act 2011; 23 24 (3) In Schedule 5 item 16 delete "Water Services Licensing Act 1995." 25 and insert: 26 27 Water Services Act 2011 section 3(1). 28
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