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WATER SERVICES ACT 2012


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Crown bound

   PART 2 -- Licensing of water service providers

           Division 1 -- Licensing requirement  

   5.      Requirement for licences
            
   6.      Licensing extends to statutory providers
            
   7.      Minister may grant exemptions

           Division 2 -- Licences  

   8.      Classification of water services
            
   9.      Operating areas
            
   10.     Application for licence
            
   11.     Grant of licence
            
   12.     Conditions of licence
            
   13.     Renewal of licence
            
   14.     Duration of licence
            
   15.     Transfer of licence
            
   16.     Person who has provided water services becoming licensee
            
   17.     Amendment of licence -- on initiative of Authority
            
   18.     Amendment or cancellation of licence -- on application of licensee
            
   19.     Effect of water resource management plans
            
   20.     Other laws not affected

           Division 3 -- Duties of licensees -- statutory licence conditions  

   21.     Duty to provide services and do works
            
   22.     Provision of water services outside operating areas
            
   23.     Works holding arrangements
            
   24.     Asset management system
            
   25.     Operational audit
            
   26.     Compliance with codes of practice made by Minister
            
   27.     Compliance with code of conduct made by Authority
            
   28.     Code of conduct -- consultative committee
            
   29.     Licensee must comply with duties under Act
            
   30.     Prescribed conditions of licence

           Division 4 -- Failure to comply with licence -- enforcement  

   31.     Failure to comply with licence
            
   32.     Right of licensee to make submissions
            
   33.     Exception -- dangerous situations

           Division 5 -- Ending of licence and cessation of water services  

   34.     Cancellation of licence for serious default
            
   35.     Provision of a water service ceasing -- regulations may deal with consequences
            
   36.     Provision of a water service ceasing -- duty to leave system in safe condition

           Division 6 -- Water service works and other assets  

   37.     Licensee operating with works holding body
            
   38.     Regulations may deal with transfer of assets on land not held by asset holder

           Division 7 -- Inspectors  

   39.     Terms used
            
   40.     Entry for inspection purposes
            
   41.     General powers for inspection purposes
            
   42.     Power to prohibit use etc.
            
   43.     Offences

           Division 8 -- Review of decisions  

   44.     Review of certain decisions

           Division 9 -- General licensing provisions  

   45.     Applications -- additional information
            
   46.     Matters relevant to determination of public interest
            
   47.     Notice of and publication of certain decisions
            
   48.     Licences to be available for inspection
            
   49.     Regulations about public consultation

   PART 3 -- Last resort supply arrangements  

   50.     Terms used
            
   51.     Designated areas
            
   52.     Authority to ensure supply plan in place for designated areas
            
   53.     Requirements for supply plans
            
   54.     How supply plan brought into operation
            
   55.     Appointment of supplier of last resort
            
   56.     Functions of supplier of last resort
            
   57.     Approval or determination of supply plan
            
   58.     Amendment of supply plan
            
   59.     Supplier of last resort to be treated as licensee
            
   60.     Duty to perform functions of supplier of last resort
            
   61.     Liability and recovery of costs of supplier of last resort
            
   62.     Regulations about last resort supply arrangements

   PART 4 -- Water services ombudsman scheme

           Division 1 -- Preliminary  

   63.     Terms used
            
   64.     Regulations about water services ombudsman scheme

           Division 2 -- Approval of water services ombudsman scheme  

   65.     Authority may approve scheme
            
   66.     Requirements for scheme or amendment to be approved
            
   67.     Revocation of approval

           Division 3 -- Scheme operation  

   68.     Customers etc. may have decision or complaint reviewed
            
   69.     Jurisdiction of courts and tribunals

           Division 4 -- Membership of approved scheme  

   70.     Membership of approved scheme

   PART 5 -- Water services

           Division 1 -- Terms used  

   71.     Terms used

           Division 2 -- Provision of water services generally  

   72.     Application of this Division in relation to certain agreements
            
   73.     Statutory entitlement to provision of water services
            
   74.     Terms and conditions of provision of water services
            
   75.     Agreements about provision of water services
            
   76.     Aspects of certain agreements binding on successors
            
   77.     Interruption of water services generally
            
   78.     Meters
            
   79.     Accuracy and testing of meters

           Division 3 -- Development and building control, and infrastructure contributions  

   80.     Terms used
            
   81.     Application of this Division
            
   82.     Notification of and requirements as to building work
            
   83.     Satisfying requirements for additional water services
            
   84.     Ensuring water service works are done
            
   85.     Infrastructure contributions
            
   86.     Property in certain works
            
   87.     Review of certain decisions under or relating to this Division

           Division 4 -- Protection of works, fittings and fixtures  

   88.     Interfering with water service works of licensee
            
   89.     Taking water without or contrary to approval
            
   90.     Construction etc. over or in vicinity of water service works of licensee
            
   91.     Requirement to use etc. approved fittings, fixtures and pipes
            
   92.     Requirement to maintain etc. fittings, fixtures and pipes

           Division 5 -- Water supply services  

   93.     Approval required before connecting to water supply
            
   94.     No connection of additional water supply without approval
            
   95.     Disconnection or reduction in rate of flow etc.
            
   96.     Fire hydrants
            
   97.     Taking water from fire hydrants

           Division 6 -- Sewerage services

              Subdivision 1 -- Sewer connections  

   98.     Minister may require connection to sewerage works
            
   99.     Approval required before connecting to sewer
            
   100.    Common sewer connections

              Subdivision 2 -- Discharge of trade waste  

   101.    Terms used
            
   102.    Discharge of trade waste without or contrary to licensee’s approval
            
   103.    Approval of licensee
            
   104.    Discharge of trade waste not in accordance with approval
            
   105.    Failure to maintain fittings, fixtures and pipes
            
   106.    Compliance notices
            
   107.    Regulations relating to discharge of trade waste

           Division 7 -- Drainage services  

   108.    Term used: drainage assets
            
   109.    Controlled drainage assets
            
   110.    Minister may require connection to drainage works
            
   111.    Approval required before connecting to drainage works
            
   112.    Requirement to maintain or modify drainage assets, etc.
            
   113.    Relationship of this Division to certain other Acts

           Division 8 -- Enforcement

              Subdivision 1 -- Entry for compliance purposes  

   114.    Term used: compliance purposes
            
   115.    Entry for compliance purposes
            
   116.    General powers for compliance purposes
            
   117.    Offences

              Subdivision 2 -- Compliance notices  

   118.    Application of Subdivision
            
   119.    Compliance notices
            
   120.    Giving compliance notices
            
   121.    Licensee or Minister may remedy failure to comply
            
   122.    Review of decisions relating to giving compliance notices

           Division 9 -- Fees and charges for water services  

   123.    Licensees may impose fees and charges for water services
            
   124.    Regulations may provide for water service charges
            
   125.    Supplying groups of dwellings
            
   126.    Water service charges payable despite change in ownership of land or liability to prosecution
            
   127.    Order for payment of water service charges

           Division 10 -- General provisions  

   128.    Prohibition on dealings in land
            
   129.    Reading meters etc. and routine inspection and maintenance
            
   130.    Dangerous situations
            
   131.    Approval of licensee subject to conditions

   PART 6 -- Powers in relation to water service works

           Division 1 -- Preliminary  

   132.    Terms used
            
   133.    Major works
            
   134.    General works
            
   135.    Exempt works

           Division 2 -- Provision of water service works  

   136.    Powers in respect of water service works
            
   137.    Exemption of water service works from certain planning laws
            
   138.    Surveys and testing work
            
   139.    Ancillary works powers
            
   140.    Entry for provision of works etc.
            
   141.    Special provisions applicable to road works

           Division 3 -- Major works, requirements for public notification and Ministerial authorisation  

   142.    Prerequisites to provision of major works
            
   143.    Licensee to prepare plans and publish and give notice of major works
            
   144.    Objections and submissions
            
   145.    Licensee may amend proposal
            
   146.    Submission of proposal to Minister
            
   147.    Powers of Minister in respect of proposal
            
   148.    Certain objectors and submitters to be notified of authorisation
            
   149.    Certain alterations, extensions and additions to major works

           Division 4 -- General works, requirements for public notification and, in certain cases, for Ministerial authorisation  

   150.    Prerequisites to provision of general works
            
   151.    Licensee to prepare plans and give notice of general works
            
   152.    Objections and submissions
            
   153.    Licensee may amend proposal
            
   154.    Submission of proposal to Minister
            
   155.    Powers of Minister in respect of proposal

           Division 5 -- Exempt works  

   156.    No prerequisites under this Part

           Division 6 -- Deviation and modification  

   157.    Term used: water service works
            
   158.    Plans may indicate possible deviation from line of works
            
   159.    General power to deviate by up to 20 m
            
   160.    Modification by agreement with owner and occupier
            
   161.    When Minister may authorise deviation or modification

           Division 7 -- Property in water service works  

   162.    Property in water service works and things placed on land
            
   163.    Powers of licensee in respect of water service works that are part of land

   PART 7 -- Powers in relation to interests in land  

   164.    Terms used
            
   165.    Power of public authority to grant certain interests
            
   166.    Taking of interest in land for purposes of licensee
            
   167.    Vesting of interest
            
   168.    Easements in gross
            
   169.    Subdivision of land -- planning approval
            
   170.    Sale of land

   PART 8 -- Entry for performance of functions

           Division 1 -- Preliminary  

   171.    Terms used
            
   172.    Application of this Part

           Division 2 -- Entry for performance of functions  

   173.    Entry with consent or under notice or warrant
            
   174.    Notice of entry
            
   175.    Rights of occupier of dwelling
            
   176.    When authorised person must leave etc.
            
   177.    Power to enter includes power to enter other places
            
   178.    Entry with vehicles and equipment
            
   179.    Assistance to exercise powers
            
   180.    Use of force
            
   181.    Actions of authorised persons and others
            
   182.    Injunction in support of power of entry
            
   183.    Complaints about exercise of powers

           Division 3 -- Warrants to enter  

   184.    Term used: remote communication
            
   185.    Application for warrant
            
   186.    Contents of application
            
   187.    How application to be made
            
   188.    Issue of warrant
            
   189.    Contents of warrant
            
   190.    Execution of warrant

   PART 9 -- Legal proceedings

           Division 1 -- Legal proceedings  

   191.    Prosecutions -- who may commence
            
   192.    Time for bringing prosecutions
            
   193.    Continuing offences -- daily penalties
            
   194.    Injunctions to ensure compliance with this Act
            
   195.    Court’s power to make ancillary orders on conviction

           Division 2 -- Liability of certain persons  

   196.    Liability of officers for offence by body corporate
            
   197.    Liability of principal for acts of agent
            
   198.    Liability of employer for offences of employee
            
   199.    Conduct on behalf of bodies corporate and principals

           Division 3 -- Evidentiary provisions  

   200.    Evidence of certain things relating to contraventions
            
   201.    Evidence of authorisation and enforcement matters
            
   202.    Evidence of scientific matters
            
   203.    Documentary and signed evidence
            
   204.    Evidence of ownership or occupancy
            
   205.    Evidence of documents and service
            
   206.    Provisions are in addition to Evidence Act 1906

   PART 10 -- Administration

           Division 1 -- The Economic Regulation Authority  

   207.    Functions of Authority
            
   208.    Authority’s capacity to authorise or designate persons

           Division 2 -- Inspectors and compliance officers  

   209.    Terms used
            
   210.    Designation of inspectors and compliance officers
            
   211.    Limitations on scope of authority of inspectors and compliance officers

           Division 3 -- General matters  

   212.    Delegation by Minister
            
   213.    Delegation by CEO
            
   214.    Information sharing
            
   215.    Confidentiality of information

   PART 11 -- Miscellaneous  

   216.    Relationship of this Act to Rights in Water and Irrigation Act 1914 and Health (Miscellaneous Provisions) Act 1911
            
   217.    Licences not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
            
   218.    Liability of certain persons for damage caused in exercise of powers
            
   219.    Immunity from liability for certain official actions
            
   220.    Limitation of liability for certain actions
            
   221.    Infringement notices and the Criminal Procedure Act 2004
            
   222.    Regulations
            
   223.     Notes in the text
            
   224.    Review of Act
            
   225.    Transitional provisions
           SCHEDULE 1 -- Transitional provisions


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