Water and Sewerage Industry Act 2008

Water and Sewerage Industry Act 2008

This Act may be cited as the Water and Sewerage Industry Act 2008.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

Agency has the same meaning as in the State Service Act 2000;

annual performance reporting requirements means the annual reporting requirements referred to in section 69;

Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;

area of operations, in relation to a regulated entity, means the area within which the regulated entity is authorised to exercise the powers conferred by a licence;

Australian Standard means a standard issued by the Standards Association of Australia, being the body known as Standards Australia;

authorised officer means an authorised officer appointed under section 91;

business day means a day that is not – a Saturday or Sunday; or a statutory holiday within the meaning of the Statutory Holidays Act 2000;

code means a code issued by the Regulator under section 20;

combined system means a system that is, or is to be, one for both sewage and stormwater;

connection point means – the point at which the customer's pipes connect with the water infrastructure or sewerage infrastructure; or such other point as may be prescribed in the regulations;

Corporation has the same meaning as in the Water and Sewerage Corporation Act 2012;

customer means a person who is – an owner and occupier of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure; or an owner (but not an occupier) of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure; or an occupier of a property that is connected to a regulated entity's water infrastructure or sewerage infrastructure and is liable for service charges; or an owner or occupier of a property that is not connected to a regulated entity's water infrastructure or sewerage infrastructure but to which a regulated service is available from a regulated entity and the regulated entity imposes a service charge;

customer complaints process means a process established pursuant to section 75 to deal with complaints by customers of a regulated entity relating to regulated services provided by that regulated entity;

customer contract means a contract between a regulated entity and a customer for the provision of regulated services to the customer, which includes standard terms and conditions of service;

customer service code means a code issued under section 57;

deemed licensee means a person deemed to be licensed under section 32;

disqualified individual means – an individual who, pursuant to the Corporations Act 2001 of the Commonwealth, is disqualified from managing a corporation; or an individual who, pursuant to a declaration under section 41, is a disqualified person for the purposes of this Act;

disqualified person means a disqualified corporation or a disqualified individual;

environmental harm has the same meaning as in the Environmental Management and Pollution Control Act 1994;

fire hydrant means an assembly installed on a water pipe which provides a valved outlet to permit a controlled supply of water to be taken from a pipeline for fire fighting purposes;

first regulatory period means the period fixed under section 65(12)(a);

infrastructure, in relation to a regulated entity, means infrastructure owned by, or under the management and control of, the regulated entity;

interim licence means an interim licence granted under section 89;

land includes – buildings and other structures erected on the land; and land covered with water; and water covering land;

licence means a licence granted under section 35(1) or a temporary licence granted under section 43(5);

meter means a device used for the measurement of the flow of water or sewage – through water infrastructure or sewerage infrastructure; or such other infrastructure or system as may be prescribed in the regulations;

meter reader means a person authorised to be a meter reader under section 56ZAA;

occupier of land means a person who has, or is entitled to, possession or control of the land and includes – a person who occupies the land or part of the land jointly or in common with any other person; and a person who occupies part of the land;

officer has the same meaning as in the Corporations Act 2001 of the Commonwealth;

Ombudsman means the Ombudsman appointed under the Ombudsman Act 1978;

operational work, in relation to water infrastructure and sewerage infrastructure, means – locating, inspecting, testing, operating, maintaining, repairing, altering, adding to, installing, upgrading, replacing or removing the water infrastructure or sewerage infrastructure; or excavating land in order to carry out work of a kind referred to in paragraph (a);

person includes an Agency, a statutory authority and an emanation of the Crown;

planning authority means a planning authority within the meaning of the Land Use Planning and Approvals Act 1993;

price means the price or price range however designated – for the provision of a regulated service; or for developer charges for water infrastructure and sewerage infrastructure – and includes a charge or tariff or particular factor, policy or a formula used in fixing the price;

price and service plan means a price and service plan approved under section 65;

price determination means a price determination by the Regulator under section 66;

protective work, in relation to water infrastructure and sewerage infrastructure, means – work that is necessary or expedient for the protection of infrastructure or public safety; or excavating land in order to carry out work of a kind referred to in paragraph (a);

public land means – land owned by the Crown; or land owned by an instrumentality or agent of the Crown; or land owned by a council that is public land under section 177A of the Local Government Act 1993;

record includes – a documentary record; and a record made by an electronic, electromagnetic, photographic or optical process;

regulated activity means an activity for which a person is required to hold a licence or interim licence granted under this Act and includes the provision of a regulated service;

regulated entity means – a person holding a licence or an interim licence granted under this Act; or a person deemed to hold a licence under section 32; or a person who has surrendered his or her licence under this Act; or a person whose licence has been cancelled or suspended; or a person who has obligations under section 33; or a person who, but for an exemption under section 90, would be required to hold a licence under section 30;

regulated service means the provision of a water service or a sewerage service by a regulated entity;

regulations means regulations made and in force under this Act;

Regulator means the Regulator referred to in section 11;

regulatory period means the regulatory period fixed under section 65(12) or declared under section 65(13);

related person, in relation to – an individual, means some other individual who is the first-mentioned individual's – employer, employee or partner; or a partner, within the meaning of the Relationships Act 2003, parent, step-parent, grandparent, child, step-child, grandchild, sibling, step-sibling, nephew or niece; or a body corporate, means a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth;

reserve supplier means a person who is declared to be a reserve supplier under section 49;

serviced land means land referred to in section 56U(1)(b);

sewage includes trade waste;

sewerage infrastructure means any infrastructure that is, or is to be, used for – the collection or storage of sewage and includes the connection point; or the conveyance or reticulation of sewage; or the treatment of sewage, including any outfall pipe or other work that stores or conveys water leaving the infrastructure used for the treatment of sewage; or any other infrastructure used in connection with sewage and declared to be sewerage infrastructure by the Minister by order – and includes a combined system but does not include – any pipe, fitting or apparatus that is situated upstream of a customer's connection point to a sewer main; or infrastructure situated entirely within the one land holding and not connected to any other infrastructure situated within another land holding; or any other infrastructure used in connection with sewage and declared not to be sewerage infrastructure by the Minister by order;

sewerage service means – a service that is provided in connection with the collection, storage, treatment, conveyance or reticulation of sewage and includes a retail service for the collection of sewage; or any other service declared to be a sewerage service by the Minister by order;

sewerage system means the pipes, fittings, meters and other connected accessories required for or incidental to the discharge or conveyance of sewage to a regulated entity's sewerage infrastructure, but does not include the regulated entity's sewerage infrastructure;

statutory authority means a body or authority, whether incorporated or not, that is established or constituted under a written law or under the royal prerogative, being a body or authority which, or of which, the governing authority wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority, but does not include an Agency;

step-in-operator– see section 56(2);

step-in-order– see section 55(1);

trade waste means liquid waste generated other than in the course of domestic activities and includes liquid waste generated by any trade, industrial, commercial, educational, medical, dental, veterinary, agricultural, horticultural, scientific research or experimental activities;

water includes recycled water and re-use water, but does not include sewage;

water and sewerage officer means an officer appointed under section 56A;

water infrastructure means any infrastructure that is, or is to be, used for – the collection or storage of water, including from a dam or reservoir or a water production plant; or the treatment of water; or the conveyance or reticulation of water and includes the connection point; or any other infrastructure used in connection with water and declared to be water infrastructure by the Minister by order – but does not include – any pipe, fitting or apparatus that is situated downstream of a customer's connection point to a water main; or any pipe, fitting or apparatus that is situated upstream of a customer's connection point to a stormwater drain; or infrastructure situated entirely within the one landholding and not connected to any other infrastructure situated within another landholding; or any other infrastructure used in connection with water that is declared not to be water infrastructure by the Minister by order;

water service means a service that is provided in connection with the collection, storage, treatment, conveyance, reticulation or supply of water and includes a retail service for the supply of water, but does not include – supply or use of water for irrigation purposes; or supply or use of water in connection with the generation of electricity;

water system means the pipes, fittings, meters and other connected accessories required for or incidental to the supply and measurement of water provided by a regulated entity, but does not include a regulated entity's water infrastructure.

In this section – common property has the same meaning as it has in the Strata Titles Act 1998; lot has the same meaning as it has in the Strata Titles Act 1998.

For the purposes of the definitions in section 3 of "customer" and "connection point", a property consisting of a lot that, but for the interposing of pipes situated in whole or in part on common property, would be connected to a regulated entity's water infrastructure is to be taken to be a property that is connected to the regulated entity's water infrastructure or sewerage infrastructure.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The objective of this Act is to protect the long-term interests of customers and to provide for the safe, environmentally responsible, efficient and sustainable provision of reliable and secure water services and sewerage services to the Tasmanian community.

The Minister has the following functions under this Act:

to develop and coordinate policies relating to the regulation of the water and sewerage industry;

such other functions as are imposed on the Minister under this Act.

The Minister has power to do all things necessary or convenient to be done in connection with, incidental to or related to the performance of the Minister's functions under this Act.

Without limiting subsection (1), the Minister, by notice in writing given to the Regulator, may require the Regulator to conduct an inquiry into any matter relating or incidental to the regulation of the water and sewerage industry that the Minister considers necessary or desirable.

The Minister or the Regulator may establish committees to provide information and advice to the Minister or the Regulator on matters related to the administration of this Act.

The members of a committee established under this section by the Minister are appointed and hold office on such terms and conditions as the Minister determines.

The members of a committee established under this section by the Regulator are appointed and hold office on such terms and conditions as the Regulator determines.

The Minister may delegate any of his or her functions or powers under this Act other than this power of delegation.

Subject to subsections (2) and (3), the Minister may, by order, exempt a person, an activity or a class of activities from any provision of this Act subject to any conditions that the Minister determines.

The Minister may not make an order granting an exemption if it would be inconsistent with the objective of this Act to do so.

The Minister must not make an order granting an exemption unless the Minister has consulted with – the Minister administering the Environmental Management and Pollution Control Act 1994 and that Minister has advised that the exemption would not be inconsistent with that Act; and the Minister administering the Public Health Act 1997 and that Minister has advised that the exemption would not be inconsistent with that Act or any guidelines in force under that Act; and the Minister administering the Water Management Act 1999 and that Minister has advised that the exemption would not be inconsistent with that Act.

An order remains in force until – it is revoked; or the date specified in the order as the date on which the order ceases to be in force – whichever first occurs.

The Minister may make an order renewing an exemption granted under this section.