1Short title
This Act may be cited as the Water Agencies (Powers) Act 1984.
[Section 1 amended: No. 73 of 1995 s. 7.]
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Bill homepageThis Act may be cited as the Water Agencies (Powers) Act 1984.
[Section 1 amended: No. 73 of 1995 s. 7.]
The provisions of this Act shall come into operation on a day to be fixed by proclamation.
In this Act and in and for the purposes of any relevant Act, unless that term is otherwise defined in that relevant Act, unless the context otherwise requires —
CEO means the chief executive officer of the Department;
conduit includes a pipe or culvert;
Department means the department of the Public Service principally assisting in the administration of this Act;
drain means —
a conduit on or under any land; or
a channel,
whether natural or constructed, which was or is used or intended to be used to carry surplus water, and includes any part of such a conduit or channel;
fittings includes all pipes, meters, or other apparatus used for or in connection with the supply of water, and all pipes, cisterns, traps, syphons, manholes, ventilators, and all other apparatus connected with and requisite to secure the safe and proper working of any drain, sewer or property sewer;
fixtures, in relation to sewerage, includes all apparatus that may be attached to the plumbing system of a property for the collection, pumping or retention of any wastewater for ultimate discharge into the sewerage system and includes closet pans, urinals, baths, sinks, basins, troughs and pumps connected with the sewerage system;
former Authority means the Water Authority of Western Australia under this Act before the commencement of Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995;
former Commission means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995 1 and in existence before the repeal of that Act;
former Minister means a Minister of the Crown who has at any time been charged with the administration of a relevant Act;
functions include powers, duties and authorities;
government department or department includes any branch of the Public Service of the State established as a department within the meaning of that term as defined in the Public Sector Management Act 1994 2, but also means any other body established by an Act being a body that —
administers or carries out in the State functions in the public interest on behalf of the Crown in right of the State, or which carries out the function of a public utility; and
is declared by the Governor, by Order in Council, to be deemed to be a government department for the purposes of this Act or a relevant Act;
land includes any building or other structure on, over or under the land, and any tenement or hereditament of any tenure related to the land;
Metropolitan Water, Sewerage, and Drainage Area means the area constituted under section 6 of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909;
Ministerial Body means the Water Resources Ministerial Body established by section 11;
occupier means the person in actual occupation of land, or if there is no person in actual occupation, the person entitled to possession of the land;
owner has the meaning assigned in the Local Government Act 1995;
pipe means a main, reticulation, or service pipe used for water services, and includes any plug, stop‑cock, water‑cock, syphon, branch or apparatus used in connection with such pipe and any part of a pipe;
plant includes machinery, equipment, vehicles, boats or other apparatus utilised in the provision of water services;
premises means any land, street, structure or other place;
property sewer means a conduit, through, on or under any street or other land, whether public or private, laid wholly or partly by or at the expense of the owner or occupier of any premises for the carriage therefrom of any sewage or wastewater to any sewer, and any part of such a conduit;
relevant Act means an Act referred to in section 5(1);
reservoir means a reservoir, dam, tank or cistern;
road has the same meaning as street;
sewage has the same meaning as wastewater;
sewer means a conduit through, on or under any street or other land, whether public or private, for the carriage of any sewage or wastewater, and includes any part of such a conduit but does not include a conduit that is a property sewer;
statutory authority means —
a Minister of the Crown in right of the State when acting in the capacity of a body corporate; or
any person or body, corporate or unincorporate, other than a Minister of the Crown in right of the State,
who or which administered or administers, or carried out or carries out on behalf of the Crown in right of the State functions in the public interest (being functions which the Minister or the CEO, as the case requires, is by this Act authorised to administer) pursuant to, a relevant Act;
street includes any highway, thoroughfare, lane, alley, square, court, place of public passage, public wharf, jetty or bridge and any private road maintained by a local government or other public authority;
surplus water means storm water, surface water or underground water which accumulates or may accumulate to the detriment or disadvantage of any person;
wastewater means liquid waste, whether domestic or otherwise, and includes faecal matter and urine;
water resources includes —
watercourses, reservoirs, wetlands, estuaries and inlets, together with their beds and banks; and
aquifers and underground water; and
drainage, surface and surplus water;
water services means water supply, sewerage, drainage or irrigation services;
watercourse has the meaning given to that term in section 2(1) of the Rights in Water and Irrigation Act 1914;
well means a pit, excavation, shaft, hole, bore or other opening made for the purpose of obtaining a supply of underground water;
wetland has the meaning given to that term in section 2(1) of the Rights in Water and Irrigation Act 1914;
works includes waterworks, sewerage works, drainage works, gauging works, wells, weirs and irrigation works including surveys, excavations, structures, buildings and plant provided by or used or intended to be used by the Minister for the assessment, control or management of water resources and the term may be construed as including the land upon which works are constructed or provided.
For the purpose of construing regulations or by‑laws made under a relevant Act prior to the coming into operation of this Act, whether or not subsequently amended —
any reference therein to a term assigned a meaning by subsection (1) shall have that meaning, unless the context otherwise requires; and
any reference in a regulation or by‑law to the Act under which it was made shall be deemed to include a reference to this Act.
Where a provision of this Act or a relevant Act authorises the Minister to enter upon, carry out works in, on, over or under, or exercise any other power in relation to, any land, premises or thing for any purpose the provision shall be deemed as also to authorise an officer of the Department or other person acting on behalf of the Minister, together with such workmen and other persons, vehicles, vessels or plant as may be necessary for the purpose, to exercise that power and to occupy the land so far as is necessary for the purposes of this Act and any reference to a power of, or to an obligation or liability of, the Minister may, where the context so requires, be construed accordingly.
[Section 3 amended: No. 25 of 1985 s. 3; No. 110 of 1985 s. 4; No. 24 of 1987 s. 3 3; No. 113 of 1987 s. 32; No. 73 of 1995 s. 8 and 42; No. 14 of 1996 s. 4; No. 67 of 2003 Sch. 2 cl. 74; No. 38 of 2007 s. 105; No. 25 of 2012 s. 77 and 109.]
[4. Deleted: No. 73 of 1995 s. 9.]
For the purposes of this Act each of the enactments following is a relevant Act —
Metropolitan Arterial Drainage Act 1982;
Metropolitan Water Supply, Sewerage, and Drainage Act 1909;
Rights in Water and Irrigation Act 1914;
[(d), (e) deleted]
Country Areas Water Supply Act 1947.
In a provision of this Act that has effect by reference to a past event or status, a reference to a relevant Act includes a reference to an Act referred to subsection (1) as in force immediately before the commencement of the Water Services Legislation Amendment and Repeal Act 2012 section 78.
[Section 5 amended: No. 25 of 1985 s. 5; No. 73 of 1994 s. 4; No. 73 of 1995 s. 10; No. 19 of 2010 s. 51; No. 25 of 2012 s. 78.]
[Division 2 (s. 6) deleted: No. 73 of 1995 s. 11 4.]
[Part II heading deleted: No. 73 of 1995 s. 12.]
[Division 1 heading deleted: No. 73 of 1995 s. 13.]
[7. Deleted: No. 73 of 1995 s. 14.]
[(1), (2) deleted]
Where the Governor (after, in the case of an interest previously vested in some other Minister of the Crown in right of the State, consultation with that other Minister) by Order in Council so directs, any interest in land specified therein previously vested in the former Authority, a statutory authority, the Crown or some other Minister of the Crown in right of the State which is, or is to be, used by the Minister for the purposes of this or a relevant Act, shall, by operation of this section, be vested in the Minister, and on receipt of any such Order the Registrar of Titles or the Registrar of Deeds and Transfers (as the relevant category of title may require) shall, by reference to the terms of the Order, cause the like record to be made in the document of title or by memorial in the register relating to the title to the land in question to evidence the interest of the Minister as could have been made if a transfer or agreement relating to the vesting had been executed in full form.
[Section 8 amended: No. 110 of 1985 s. 5; No. 73 of 1995 s. 15; No. 31 of 1997 s. 137(1); No. 38 of 2007 s. 106; No. 47 of 2011 s. 16; No. 25 of 2012 s. 79.]
The Minister has the general functions of —
conserving, protecting and managing water resources;
assessing water resources;
planning for the use of water resources;
promoting the efficient use of water resources;
promoting the efficient provision of water services;
developing plans for and providing advice on flood management.
The Minister has power to do all things necessary or convenient to be done for or in connection with the performance of the Minister’s functions.
Without limiting subsection (2), the Minister may acquire, hold, manage, improve, develop, dispose of and otherwise deal in real and personal property, including for the general purposes of the Department.
In performing the Minister’s functions under this section —
the Minister is to have regard to water recycling and efficient water use measures when planning the development of new water resources; and
the Minister, where appropriate, is to promote decision making processes that involve public consultation.
[Section 9 inserted: No. 38 of 2007 s. 107.]
A function or power given to the Minister by this Act is in addition to any other function or power of the Minister.
[(2) deleted]
[Section 10 inserted: No. 38 of 2007 s. 107; amended: No. 25 of 2012 s. 80.]
The Water Resources Ministerial Body is established.
The Ministerial Body is a body corporate with perpetual succession.
Proceedings may be taken by or against the Ministerial Body in its corporate name.
The Ministerial Body is to be governed by the Minister.
The Ministerial Body is an agent of the Crown and has the status, immunities and privileges of the Crown.
[Section 11 inserted: No. 38 of 2007 s. 107.]
The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under this Act, a relevant Act, the Land Administration Act 1997 or the Public Works Act 1902 that can more conveniently be performed by a body corporate than an individual.
Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act.
[Section 12 inserted: No. 38 of 2007 s. 107.]
The Ministerial Body is to have a common seal.
A document is duly executed by the Ministerial Body if —
the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4); or
it is signed on behalf of the Ministerial Body by the Minister; or
it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the CEO or another officer of the Department.
The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body.
The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.
The Ministerial Body may, by writing under its seal, authorise the CEO or another officer of the Department to sign documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.
A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
A document executed by the CEO or another person under this section without the common seal of the Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).
When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown.
For the purposes of this Act, a facsimile of —
the Ministerial Body’s seal; or
the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents,
may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.
[Section 13 inserted: No. 38 of 2007 s. 107.]
The Minister may direct a water service licensee to give the Minister specified information, or information relevant to a specified matter, that the Minister considers is relevant to the Minister’s functions under, or relating to, this Act or a relevant Act.
The direction must be in writing, must specify the time period (in days) within which it must be complied with and may specify the form and manner in which the information is to be provided.
The licensee must comply with the direction even though the direction requires the licensee to give the Minister information that is confidential or commercially sensitive.
If the licensee objects to the direction the licensee is to notify the Minister, in writing within 7 days of receipt of the direction, of its objection and any reasons for it.
If the licensee gives a notice to the Minister under subsection (4) —
the Minister is to consult with the ERA Minister and, having regard to those consultations, is to cancel or confirm the direction; and
the licensee is not required to comply with the direction unless it is confirmed.
If the Minister confirms a direction —
the Minister must notify the licensee; and
the time period within which the direction must be complied with commences on the day on which it is confirmed.
The licensee, a subsidiary of the licensee or a person performing functions for or on behalf of the licensee or subsidiary incurs no civil or criminal liability as a result of complying with the direction, and is not to be regarded for any purpose as being in breach of any duty of confidentiality.
A water services licensee that does not comply with a direction that has not been objected to or that has been confirmed commits an offence.
Penalty: $5 000.
The Minister must cause a copy of a direction under subsection (1) (other than a direction that has been cancelled) to be laid before each House of Parliament, or dealt with under section 110, within 14 days after the day on which the direction is given or confirmed (which ever is the later).
The annual report submitted by the accountable authority of the Department under Part 5 of the Financial Management Act 2006 is to list each direction under subsection (1) in the year (other than a direction that has been cancelled).
For the purposes of subsection (9) or (10), the Minister or the accountable authority (which ever is relevant) may obliterate or omit so much of the direction as is necessary to avoid disclosing confidential or commercially sensitive material.
In this section —
ERA Minister means the Minister administering the Economic Regulation Authority Act 2003;
water services licensee means a licensee as defined in the Water Services Act 2012 section 3(1).
[Section 14 inserted: No. 38 of 2007 s. 107; amended: No. 25 of 2012 s. 81.]
This section applies to the Minister, a ministerial officer assisting the Minister, an officer of the Department and a person who was such a person.
Despite anything else in this Act or a relevant Act, a person to whom this section applies must not disclose information obtained, whether directly or indirectly, under section 14 unless —
it is disclosed in the course of duty to a person who is an officer of the Department; or
the Minister considers the disclosure to be in the public interest; or
it is disclosed under a written law.
Penalty: $12 000 and imprisonment for one year.
If the Minister proposes to disclose information under subsection (2)(b), the Minister must notify the person who gave the information under section 14, unless the Minister considers that it would be contrary to the public interest to delay the disclosure.
The Minister must take into account any comments or objections received, within 7 days of giving the notification, from the person notified.
This section does not apply to the extent to which —
the information is already in the public domain; or
the information is summary or statistical information that could not reasonably be expected to enable particulars relating to a person or a particular commercial operation to be ascertained; or
the disclosure of the information is authorised by the person who gave the information under section 14.
In this section —
ministerial officer has the meaning given to that term in the Public Sector Management Act 1994.
[Section 15 inserted: No. 38 of 2007 s. 107.]
Part IIA — The Water Resources Council
[Heading inserted: No. 38 of 2007 s. 107.]
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