{"id":"kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004","name":"Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004","slug":"kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34212,"registerId":"wa-kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004","content":"![Crest]()Western Australia\n\nKambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004\n\nWestern Australia\n\nKambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used in this Act 2\n\n4. Kambalda area defined 3\n\n5. Kambalda Water and Wastewater Facilities described 3\n\nPart 2 — Transfer to the Water Corporation\n\nDivision 1 — Transfer of facilities and certain rights\n\n6. Ownership of facilities 5\n\n7. Rights to payment for services provided 5\n\n8. Other rights 5\n\n9. Liabilities not to pass 6\n\nDivision 2 — Incidental and related matters\n\n10. Pipes and other things taken to have been put in place by the Water Corporation 6\n\n11. Compensation not payable 7\n\n12. Recovery of amounts owing for services provided 7\n\nDivision 3 — Transitional provisions\n\n13. Licences and other authorities under written laws 8\n\n14. Completion of things commenced 9\n\nPart 3 — Notifications on title as to location of pipes and works\n\n15. Terms used in this Part 10\n\n16. Steps to be taken for recording of notifications 10\n\n17. Exception where land is not a lot 11\n\n18. Wording of notification 12\n\n19. Recording of notification 12\n\n20. Replacement of deposited plans and notifications 13\n\n21. Amendment or removal of notification 13\n\n22. Cost of complying with section 16(1) and (2) 14\n\nPart 4 — General\n\n23. Agreements on incidental matters 15\n\n24. Saving 15\n\nSchedule 1 — Kambalda area\n\nDivision 1 — Plan of Kambalda area\n\nDivision 2 — Map Grid of Australia coordinates\n\nSchedule 2 — Treated wastewater pipeline\n\nNotes\n\nCompilation table 22\n\nDefined terms\n\n  \n\nWestern Australia\n\nKambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004\n\nNo. 64 of 2004\n\nAn Act —\n\n- to transfer ownership of the Kambalda Water and Wastewater Facilities and certain associated rights to the Water Corporation;\n- to apply section 84 of the *Water Agencies (Powers) Act 1984* to pipes and other things that are part of those facilities; and\n- to make incidental and related provisions.\n\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004*.\n\n##### 2. Commencement\n\nThis Act comes into operation on a day fixed by proclamation.\n\n##### 3. Terms used in this Act\n\nIn this Act —\n\n  commencement day means the day on which this Act comes into operation;\n\n  coordinates means Map Grid of Australia 1994 grid coordinates in Zone 51 of the Universal Transverse Mercator Grid System based on the Geocentric Datum of Australia;\n\n  Kambalda area has the meaning given by section 4;\n\nKambalda Water and Wastewater Facilities or the transferred facilities  has the meaning given by section 5;\n\n  pipe means a main, reticulation or service pipe used for water supply or sewerage services, and includes —\n\n(a) any plug, stop‑cock, water‑cock, syphon, branch or apparatus used in connection with such pipe; and\n\n(b) any part of a pipe;\n\n  Water Corporation means the Water Corporation established by the *Water Corporations Act 1995* section 4(1);\n\n  WMC Resources Ltd means the company incorporated under the *Corporations Act 2001* of the Commonwealth as WMC Resources Ltd (ACN 004 184 598);\n\n  works includes excavations, buildings, structures, plant and equipment.\n\n[Section 3 amended: No. 25 of 2012 s. 219.]\n\n##### 4. Kambalda area defined\n\n(1) The Kambalda area is the area defined by notional straight lines on the surface of the Earth connecting the points identified by numbers on the plan in Schedule 1 Division 1 starting at point number 1, moving in a clockwise direction and ending at that point.\n\n(2) The position on the surface of the Earth of a numbered point referred to in subsection (1) is to be determined by reference to the coordinates specified in the second and third columns in Schedule 1 Division 2 opposite the number.\n\n##### 5. Kambalda Water and Wastewater Facilities described\n\n(1) In this section —\n\nfitting,  fixture and sewer have the meanings given by section 3 of the *Water Agencies (Powers) Act 1984*;\n\nheadworks and reticulation have the meanings given by section 65 of the *Water Agencies (Powers) Act 1984*;\n\n  sewerage works means sewers and —\n\n(a) all headworks, reticulation works and other works; and\n\n(b) all pipes, meters and things,\n\nconnected with any sewer;\n\n  treated wastewater pipeline means the pipeline that starts at or near the point fixed by the coordinates 373008.84E / 6548603.23N and ends at or near the point fixed by the coordinates 371239.69E / 6546413.50N, as shown by the coordinates specified on the plan in Schedule 2;\n\n  water works means all works for the supply, storage and distribution of water, including headworks, reticulation works, pipes, meters and things that are part of such works.\n\n(2) The Kambalda Water and Wastewater Facilities (the transferred facilities)  comprise —\n\n(a) the water works; and\n\n(b) the sewerage works,\n\nlocated within the Kambalda area that immediately before the commencement day were maintained or operated by WMC Resources Ltd to provide water supply and sewerage services within that area.\n\n(3) The transferred facilities do not include —\n\n(a) the treated wastewater pipeline; and\n\n(b) any —\n\n(i) water pipe or water supply fixture or fitting downstream from the meter assembly on a lot or parcel of land in the Kambalda area; or\n\n(ii) sewer pipe or sewerage fixture or fitting located on such a lot or parcel,\n\nbeing a pipe, fixture or fitting that services only the lot or parcel concerned.\n\n## Part 2 — Transfer to the Water Corporation\n\n### Division 1 — Transfer of facilities and certain rights\n\n##### 6. Ownership of facilities\n\nOn the commencement day —\n\n(a) the ownership of the Kambalda Water and Wastewater Facilities is by virtue of this section transferred to the Water Corporation; and\n\n(b) any claim, right, title or interest of any other person in respect of —\n\n(i) the transferred facilities as they existed immediately before the commencement day; or\n\n(ii) any thing that formed part of the transferred facilities immediately before that day,\n\nis extinguished by the operation of paragraph (a).\n\n##### 7. Rights to payment for services provided\n\n(1) On the commencement day all rights of WMC Resources Ltd to be paid for water supply services or sewerage services provided by it in the Kambalda area before that day, to the extent that payment has not been made for those services, are by virtue of this section transferred to the Water Corporation.\n\n(2) Subsection (1) applies to a right to be paid for a service whether or not an account for the service has been issued before the commencement day.\n\n##### 8. Other rights\n\nOn the commencement day the right of WMC Resources Ltd to any remedy or redress whether actual, contingent or prospective, other than a right to which section 7 applies, against any person in relation to the transferred facilities is by virtue of this section transferred to the Water Corporation.\n\n##### 9. Liabilities not to pass\n\n(1) In this section —\n\n  liability means any liability, duty or obligation whether actual, contingent or prospective or liquidated or unliquidated, and includes a liability for breach of any term or condition of an authority referred to in section 13.\n\n(2) Nothing in this Act is to be read as having the effect that a liability of WMC Resources Ltd as at the commencement day becomes on and after that day a liability of the Water Corporation.\n\n### Division 2 — Incidental and related matters\n\n##### 10. Pipes and other things taken to have been put in place by the Water Corporation\n\n(1) In this section —\n\n  land has the meaning given by section 3(1) of the *Water Agencies (Powers) Act 1984*.\n\n(2) On and after the commencement day —\n\n(a) section 84(1) of the *Water Agencies (Powers) Act 1984* has effect in respect of all pipes, works or other things that —\n\n(i) form part of the transferred facilities; and\n\n(ii) are on, in, over or under any land,\n\nas if before that day the pipes, works or things were placed on, in, over or under the land by the Water Corporation in exercise of a power conferred by that Act; and\n\n(b) section 84(2) and (3) of that Act have effect accordingly in respect of the pipes, works and other things.\n\n##### 11. Compensation not payable\n\n(1) A person is not entitled to receive from the Water Corporation or another person any amount by way of compensation, reimbursement or otherwise for any loss, detriment or cost that the person suffers or incurs because of —\n\n(a) the transfer of ownership effected by section 6; or\n\n(b) the operation of section 10.\n\n(2) Without limiting subsection (1), section 81(1) and (2) of the *Water Agencies (Powers) Act 1984* apply to any works or other things that form part of the transferred facilities.\n\n##### 12. Recovery of amounts owing for services provided\n\n(1) The Water Corporation may take any action that is necessary or expedient for the recovery of any amount to which it is entitled by virtue of section 7.\n\n(2) Without limiting subsection (1), an amount required by virtue of section 7 to be paid to the Water Corporation by a person for water supply services or sewerage services provided by WMC Resources Ltd may be recovered from the person —\n\n(a) in the case of an amount to be paid for water supply services, under Part VII of the *Country Areas Water Supply Act 1947* as if it were a water supply charge within the meaning in that Act; and\n\n(b) in the case of an amount to be paid for sewerage services, under Part VII of the *Country Towns Sewerage Act 1948* as if it were a sewerage charge within the meaning in that Act,\n\nthat is recoverable from that person.\n\n### Division 3 — Transitional provisions\n\n##### 13. Licences and other authorities under written laws\n\n(1) In this section —\n\n  authority means a licence, permit, registration, right, approval, exemption or other authority issued or granted under a written law in relation to or in connection with the transferred facilities;\n\n  relevant Minister means the Minister administering the written law under which the authority concerned was issued or granted.\n\n(2) Any authority in force immediately before the commencement day —\n\n(a) that —\n\n(i) is issued or granted to WMC Resources Ltd; or\n\n(ii) otherwise confers authority on that company to do or refrain from doing any thing;\n\nand\n\n(b) that is of a kind which the Water Corporation is required to hold,\n\ncontinues to have effect by force of this section as if it had been issued or granted to, or conferred authority on, the Water Corporation.\n\n(3) In relation to an authority of a particular kind subsection (2) applies on and after the commencement day until —\n\n(a) an authority of that kind, or an exemption from the requirement to hold an authority of that kind, is issued or granted to the Water Corporation; or\n\n(b) the expiry of the period of 3 years, or such longer period as the relevant Minister may determine, after the commencement day,\n\nwhichever first occurs.\n\n(4) Subsections (2) and (3) have effect despite any provision of a written law or any term or condition of an authority.\n\n(5) The Water Corporation must, as soon as is practicable after the commencement day, make any application under a written law that is necessary for the purposes of subsection (3)(a).\n\n##### 14. Completion of things commenced\n\nAnything commenced to be done by WMC Resources Ltd before the commencement day in relation to the transferred facilities may, subject to section 9, be continued by the Water Corporation so far as the doing of that thing is within the powers of the Water Corporation after that day.\n\n## Part 3 — Notifications on title as to location of pipes and works\n\n##### 15. Terms used in this Part\n\nIn this Part —\n\n  approved, in relation to a form, means approved by the relevant official;\n\n  notification means a notification referred to in section 16;\n\nrelevant official, in relation to a lot or parcel of land, means —\n\n(a) the Registrar of Titles under the *Transfer of Land Act 1893*; or\n\n(b) the Registrar of Deeds and Transfers under the *Registration of Deeds Act 1856*,\n\naccording to which of them has responsibility for the register relating to the lot or parcel;\n\n  sewerage works means the sewerage works referred to in section 5(2) but excluding the pipes, fixtures and fittings referred to in section 5(3)(b);\n\n  water works means the water works referred to in section 5(2) but excluding the pipes, fixtures and fittings referred to in section 5(3)(b).\n\n[Section 15 amended: No. 47 of 2011 s. 16.]\n\n##### 16. Steps to be taken for recording of notifications\n\n(1) As soon as is practicable after the commencement day the Water Corporation is to deposit with the relevant official —\n\n(a) one or more plans of the sewerage works; and\n\n(b) one or more plans of the water works,\n\nshowing the location or approximate location of the pipes, works and other things that immediately before the commencement day were part of the works referred to in paragraphs (a) and (b).\n\n(2) For each lot or parcel of land in the Kambalda area the Water Corporation is to lodge with the relevant official, after subsection (1) has been complied with —\n\n(a) a notification, in accordance with an approved form, in respect of pipes, works and other things referred to in that subsection that were part of the sewerage works; and\n\n(b) a notification, in accordance with an approved form, in respect of pipes, works and other things referred to in that subsection that were part of the water works.\n\n(3) Despite subsection (2) —\n\n(a) where appropriate, a single notification in accordance with an approved form may be lodged under that subsection in respect of all pipes, works and other things referred to in subsection (1); and\n\n(b) a notification need not be lodged for a lot or parcel in respect of pipes, works and other things referred to in subsection (1) if the Water Corporation has satisfied itself that there were no such pipes, works or other things on, in, over or under the land concerned immediately before the commencement day.\n\n(4) Subsection (2) does not apply to a lot or parcel of land of which the Water Corporation is registered under the *Transfer of Land Act 1893* as the owner of the freehold.\n\n##### 17. Exception where land is not a lot\n\n(1) The Water Corporation is not required —\n\n(a) to comply with section 16(2) in respect of any land that is not a lot; or\n\n(b) to take any steps for the creation of a lot to enable that subsection to be complied with in respect of any land.\n\n(2) However, the Water Corporation is to comply with section 16(2) in respect of land if at any time it appears to the Corporation that subsection (1)(a) has ceased to apply to the land.\n\n##### 18. Wording of notification\n\n(1) In this section —\n\n  title means —\n\n(a) a certificate of title under the *Transfer of Land Act 1893*; and\n\n(b) a relevant document in the register of deeds under the *Registration of Deeds Act 1856*.\n\n(2) A notification —\n\n(a) is to be worded so that it constitutes notice to —\n\n(i) the proprietor of; and\n\n(ii) a person searching the title relating to,\n\na lot or parcel of land that pipes, works and other things that immediately before the commencement day were part of —\n\n(iii) the sewerage works; or\n\n(iv) the water works,\n\nmay be on, in, over or under the land; and\n\n(b) is to refer to the pipes, works and other things as shown on the relevant plan deposited under this Part.\n\n##### 19. Recording of notification\n\nWhen —\n\n(a) a notification under section 16(2) has been lodged in respect of a lot or parcel; and\n\n(b) the required fee has been paid,\n\nthe relevant official is to record the notification —\n\n(c) on the certificate of title for the lot or parcel; or\n\n(d) in the register of deeds under the *Registration of Deeds Act 1856*,\n\nas the case may require.\n\n##### 20. Replacement of deposited plans and notifications\n\n(1) If the Water Corporation considers that it is necessary or desirable to better show the location or approximate location of any pipe, works or other thing for the purposes of this Part, it may deposit with the relevant official a plan that replaces a plan deposited under section 16(1).\n\n(2) Where a plan is replaced by another deposited plan (the new plan) the Water Corporation must lodge with the relevant official —\n\n(a) a request, in accordance with an approved form, for the removal of any existing notification that refers to the replaced plan; and\n\n(b) a notification —\n\n(i) in accordance with an approved form; and\n\n(ii) referring to the pipes, works and other things as shown on the new plan,\n\nto replace the existing notification.\n\n(3) Subject to payment of the required fee, the relevant official is to comply with a request that is lodged under subsection (2)(a).\n\n(4) Section 19 applies with all necessary changes where a notification is lodged under subsection (2)(b).\n\n##### 21. Amendment or removal of notification\n\n(1) Where a notification has been recorded under section 19, the Water Corporation may, in accordance with an approved form —\n\n(a) request the relevant official to amend the notification; or\n\n(b) with the approval of the Minister, request the relevant official to remove the notification, whether in whole or in part.\n\n(2) The Minister is not to give an approval for the purposes of subsection (1)(b) in respect of any land unless he or she is satisfied that it is no longer necessary for notice to be given to persons searching the title as mentioned in section 18(2)(a).\n\n(3) Subject to payment of the required fee, the relevant official is to comply with a request that is duly made under subsection (1).\n\n##### 22. Cost of complying with section 16(1) and (2)\n\n(1) WMC Resources Ltd must pay to the Water Corporation on demand the amount of any cost or expense reasonably incurred by the Water Corporation —\n\n(a) in complying with section 16(1) and (2); and\n\n(b) in doing anything required to enable it to comply with those subsections.\n\n(2) The Water Corporation may recover an amount referred to in subsection (1) in a court of competent jurisdiction as a debt due to it by WMC Resources Ltd.\n\n## Part 4 — General\n\n##### 23. Agreements on incidental matters\n\n(1) Nothing in this Act is to be taken to limit the ability of WMC Resources Ltd and the Water Corporation —\n\n(a) to determine any matter incidental or supplementary to the operation of this Act by agreement made between them, whether before or after the commencement day; and\n\n(b) to give effect to any such agreement.\n\n(2) An agreement referred to in subsection (1) must not be inconsistent with this Act.\n\n##### 24. Saving\n\nThe operation of any provision of this Act is not to be regarded —\n\n(a) as a breach of contract or confidence or otherwise as a civil wrong;\n\n(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or rights or the disclosure of information;\n\n(c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset or right;\n\n(d) as causing any contract or instrument to be void or otherwise unenforceable; or\n\n(e) as releasing or allowing the release of any surety.\n\nSchedule 1 — Kambalda area\n\n[s. 4]\n\nDivision 1 — Plan of Kambalda area\n\nNote:\n\nFor the interpretation of this plan, see section 4.\n\n![kno-state-agreement]()\n\nDivision 2 — Map Grid of Australia coordinates\n\n  \n\n| **Point** | **Coordinates mE** | **Coordinates mN** |\n| --- | --- | --- |\n| 1 | 368446.102 | 6544994.798 |\n| 2 | 367886.400 | 6545224.837 |\n| 3 | 367833.889 | 6545826.212 |\n| 4 | 367734.730 | 6546081.617 |\n| 5 | 367540.564 | 6546299.906 |\n| 6 | 367332.541 | 6546781.454 |\n| 7 | 367572.089 | 6546885.625 |\n| 8 | 367786.969 | 6547069.154 |\n| 9 | 368052.680 | 6547047.689 |\n| 10 | 368485.289 | 6547126.784 |\n| 11 | 368900.656 | 6547383.817 |\n| 12 | 369113.441 | 6547385.558 |\n| 13 | 369331.024 | 6547290.171 |\n| 14 | 369449.552 | 6547258.767 |\n| 15 | 369457.992 | 6547298.298 |\n| 16 | 369548.640 | 6547273.000 |\n| 17 | 369557.235 | 6547229.825 |\n| 18 | 369494.095 | 6546988.986 |\n| 19 | 369496.053 | 6546739.394 |\n| 20 | 369520.263 | 6546717.020 |\n| 21 | 369664.666 | 6546873.970 |\n| 22 | 369850.083 | 6546702.364 |\n| 23 | 369706.252 | 6546544.717 |\n| 24 | 369774.758 | 6546480.357 |\n| 25 | 369760.744 | 6546463.301 |\n| 26 | 370062.828 | 6546322.450 |\n| 27 | 371098.875 | 6546329.974 |\n| 28 | 371106.726 | 6546343.087 |\n| 29 | 371075.234 | 6546405.012 |\n| 30 | 371170.265 | 6546501.367 |\n| 31 | 371241.937 | 6546438.936 |\n| 32 | 371337.976 | 6546508.613 |\n| 33 | 371330.141 | 6546789.810 |\n| 34 | 371602.096 | 6546883.464 |\n| 35 | 371597.974 | 6547181.674 |\n| 36 | 371396.160 | 6547511.439 |\n| 37 | 371501.101 | 6547575.387 |\n| 38 | 371470.411 | 6547625.179 |\n| 39 | 371585.705 | 6547689.908 |\n| 40 | 371547.989 | 6547746.487 |\n| 41 | 371436.555 | 6547829.435 |\n| 42 | 371437.000 | 6548205.000 |\n| 43 | 371977.000 | 6548205.000 |\n| 44 | 371975.968 | 6547864.237 |\n| 45 | 372599.111 | 6548229.843 |\n| 46 | 372656.843 | 6548496.126 |\n| 47 | 372506.739 | 6548528.672 |\n| 48 | 372563.459 | 6548790.299 |\n| 49 | 372459.701 | 6548812.796 |\n| 50 | 372500.434 | 6549002.210 |\n| 51 | 372614.546 | 6548977.670 |\n| 52 | 372656.598 | 6549173.197 |\n| 53 | 372793.467 | 6549143.765 |\n| 54 | 372797.672 | 6549163.315 |\n| 55 | 372848.795 | 6549151.009 |\n| 56 | 372715.966 | 6548532.206 |\n| 57 | 372760.441 | 6548523.748 |\n| 58 | 372691.337 | 6548173.548 |\n| 59 | 372157.843 | 6547855.307 |\n| 60 | 372224.631 | 6547697.430 |\n| 61 | 372237.818 | 6547526.216 |\n| 62 | 372413.643 | 6547628.482 |\n| 63 | 372618.943 | 6547732.082 |\n| 64 | 372681.065 | 6547751.835 |\n| 65 | 373002.673 | 6547913.141 |\n| 66 | 373090.653 | 6547955.427 |\n| 67 | 373094.721 | 6547988.878 |\n| 68 | 373099.482 | 6547992.383 |\n| 69 | 373102.403 | 6547994.664 |\n| 70 | 373104.722 | 6548003.360 |\n| 71 | 373110.785 | 6548017.432 |\n| 72 | 373127.206 | 6548014.632 |\n| 73 | 373149.545 | 6547954.669 |\n| 74 | 373149.769 | 6547951.764 |\n| 75 | 373143.909 | 6547934.173 |\n| 76 | 373141.408 | 6547932.147 |\n| 77 | 373141.753 | 6547925.646 |\n| 78 | 373135.553 | 6547790.305 |\n| 79 | 373139.417 | 6547623.298 |\n| 80 | 373180.736 | 6547442.140 |\n| 81 | 373238.940 | 6547369.545 |\n| 82 | 373348.194 | 6547313.729 |\n| 83 | 373512.576 | 6547223.476 |\n| 84 | 373741.477 | 6547066.060 |\n| 85 | 373729.743 | 6547049.864 |\n| 86 | 373718.022 | 6547041.823 |\n| 87 | 373728.961 | 6546977.963 |\n| 88 | 373725.256 | 6546871.628 |\n| 89 | 373619.853 | 6546890.673 |\n| 90 | 373521.045 | 6546867.464 |\n| 91 | 373328.692 | 6546752.695 |\n| 92 | 372922.432 | 6546668.432 |\n| 93 | 372440.438 | 6546674.993 |\n| 94 | 372337.978 | 6546714.788 |\n| 95 | 372253.190 | 6546842.128 |\n| 96 | 372210.380 | 6546907.594 |\n| 97 | 371810.791 | 6546795.325 |\n| 98 | 371656.326 | 6546691.655 |\n| 99 | 371360.953 | 6546468.827 |\n| 100 | 371365.096 | 6546238.628 |\n| 101 | 371103.517 | 6546237.453 |\n| 102 | 371073.800 | 6546283.105 |\n| 103 | 371078.923 | 6546294.663 |\n| 104 | 370147.902 | 6546280.846 |\n| 105 | 370221.223 | 6546242.527 |\n| 106 | 370314.669 | 6546179.128 |\n| 107 | 370450.743 | 6546091.936 |\n| 108 | 370284.511 | 6545886.863 |\n| 109 | 370132.558 | 6545986.087 |\n| 110 | 370269.418 | 6546148.566 |\n| 111 | 370198.957 | 6546208.931 |\n| 112 | 370064.883 | 6546275.730 |\n| 113 | 369906.611 | 6546349.931 |\n| 114 | 369643.455 | 6546265.494 |\n| 115 | 369360.702 | 6545912.184 |\n| 116 | 369542.583 | 6545784.093 |\n| 117 | 369479.402 | 6545694.393 |\n| 118 | 369338.482 | 6545672.213 |\n| 119 | 369282.861 | 6545713.588 |\n| 120 | 369200.769 | 6545685.187 |\n| 121 | 368745.153 | 6545094.527 |\n| 122 | 368516.792 | 6544903.767 |\n\n\nSchedule 2 — Treated wastewater pipeline\n\n[s. 5(1)]\n\nNote:\n\nFor the interpretation of this plan, see the definitions of “treated wastewater pipeline” in section 5(1) and of “coordinates” in section 3.\n\n![kno-state-agreement2]()\n\nNotes\n\n1 This is a compilation of the *Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004* | 64 of 2004 | 30 Nov 2004 | 11 Jun 2005 (see s. 2 and *Gazette* 10 Jun 2005 p. 2565) |\n| *Statutes (Repeals and Minor Amendments) Act 2011* s. 16*.* | 47 of 2011 | 25 Oct 2011 | 26 Oct 2011 (see s. 2(b)) |\n| *Water Services Legislation Amendment and Repeal Act 2012* s. 219 | 25 of 2012 | 3 Sep 2012 | 18 Nov 2013 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5028) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napproved 15\n\nauthority 13(1)\n\ncommencement day 3\n\ncoordinates 3\n\nfitting 5(1)\n\nfixture 5(1)\n\nheadworks 5(1)\n\nKambalda area 3\n\nKambalda Water and Wastewater Facilities 3\n\nland 10(1)\n\nliability 9(1)\n\nnew plan 20(2)\n\nnotification 15\n\npipe 3\n\nrelevant Minister 13(1)\n\nrelevant official 15\n\nreticulation 5(1)\n\nsewer 5(1)\n\nsewerage works 5(1), 15\n\nthe transferred facilities 3, 5(2)\n\ntitle 18(1)\n\ntreated wastewater pipeline 5(1)\n\nWater Corporation 3\n\nwater works 5(1), 15\n\nWMC Resources Ltd 3\n\nworks 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information to determine whether the scope changed from original intent, as the legislative text is inaccessible. Based on the title alone, the Act appears to have a tightly defined and singular purpose — transferring specific infrastructure assets to the Water Corporation — suggesting scope likely remained consistent with its original intent."},"complexity_factors":["Content is entirely unavailable — no substantive legal text could be analysed","Title suggests a narrow, single-purpose transfer Act, which are typically straightforward","Asset transfer legislation can involve technical schedules and transitional provisions, but scope appears geographically and functionally limited","No amendments or subsidiary legislation visible to assess additional layers"],"plain_english_summary":"The Act transferred ownership and/or management of Kambalda’s water supply and wastewater infrastructure to the Water Corporation. It shifted responsibility for operation, maintenance and likely billing and service standards from the previous provider to the statewide utility. Affected parties include Kambalda residents, businesses, local government and the former facility operator."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act’s scope remains the transfer of ownership and associated payment rights in the Kambalda water and sewerage facilities to the Water Corporation while excluding in‑lot fittings and the treated wastewater pipeline (s.5(3), s.6, s.7). It preserves licences temporarily (s.13), disapplies compensation (s.11) and sets out title‑notification and cost‑recovery mechanics (Part 3; s.22). The compilation table records later technical amendments but does not alter this core transfer purpose."},"complexity_factors":["Direct transfer and extinguishment of prior proprietary claims on commencement day (s.6) — creates immediate property and entitlement changes that must be implemented precisely.","Transfer of unpaid customer-payment rights (s.7) and statutory recovery routes under older Acts (s.12) — interaction with Country Areas Water Supply Act 1947 and Country Towns Sewerage Act 1948 increases enforcement complexity.","Explicit non‑transfer of liabilities (s.9) while transferring remedies (s.8) — requires careful allocation of pre‑commencement obligations and potential litigation risk about what remains WMC’s liability.","Application of s.84 of the Water Agencies (Powers) Act 1984 to existing pipes and works (s.10) — legal characterisation of infrastructure as though placed by the Water Corporation, creating statutory easement-like effects and cross‑Act interaction.","Prohibition on compensation for the transfer or operation of s.10 (s.11) — removes a usual redress route and concentrates cost risk on affected parties.","Detailed land‑title notification regime (Part 3: ss.15–21 and Schedules 1–2) — requires spatial plans, approved forms, lodging with relevant officials and potential plan replacements, implicating cadastral procedures and fees.","Transitional licensing continuity with ministerial discretion for longer periods (s.13) — temporary statutory substitution of authorities and a decision point for Ministers raises administrative discretion issues.","Cost allocation and recovery between parties (s.22) — WMC must reimburse the Water Corporation for plan/notification costs, enforceable as a debt, creating an inter-party financial obligation.","Ministerial approvals for removal of notifications (s.21(1)(b)–(2)) and use of ‘approved forms’ and ‘relevant official’ — administrative steps depend on delegated processes and fees, adding procedural complexity.","Geographic specificity via Map Grid coordinates and schedules (Schedule 1 & Schedule 2) — precise spatial delimitation requires survey accuracy and can generate boundary or map‑interpretation disputes."],"plain_english_summary":"This Act transfers legal ownership of the Kambalda water supply and sewerage infrastructure and unpaid rights to service payments from WMC Resources Ltd to the Water Corporation, requires deposit of plans and title notifications, and keeps existing licences temporarily in force. It affects WMC, the Water Corporation and landowners in the defined Kambalda area because it changes who owns the pipes and who may recover unpaid charges."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: transferring specific water and wastewater infrastructure from WMC Resources Ltd to the Water Corporation. The amendments shown in the compilation table are minor (updating references and terminology in sections 3 and 15) and do not expand the scope beyond the original Kambalda transfer mechanism."},"complexity_factors":["Moderate cross-referencing to other Acts (Water Agencies (Powers) Act 1984, Country Areas Water Supply Act 1947, Country Towns Sewerage Act 1948, Transfer of Land Act 1893, Registration of Deeds Act 1856)","Technical geographical definitions requiring coordinate-based boundary descriptions (122 coordinate points in Schedule 1)","Nested definitions within definitions (e.g., 'sewerage works' defined by reference to 'headworks' and 'reticulation' which are themselves defined by reference to another Act)","Conditional transitional provisions with time limits (3-year sunset clause for authorities in section 13)","Specific exclusions from transfer (section 5(3) excludes treated wastewater pipeline and private downstream connections)","Dual registration systems for land titles (Torrens system under Transfer of Land Act and old system under Registration of Deeds Act)"],"plain_english_summary":"**What this law does:**\n\nThis Act transfers ownership of water and sewerage infrastructure in Kambalda, Western Australia from a private mining company (WMC Resources Ltd) to the state's Water Corporation.\n\n**Who it affects:**\n\n- **Residents and businesses in Kambalda** – their water and sewerage services now come from the state-owned Water Corporation instead of a private company.\n- **WMC Resources Ltd** – the mining company loses ownership of the pipes, treatment plants, and related infrastructure but keeps any money owed to it for services already provided.\n- **The Water Corporation** – takes over ownership, operation, and maintenance of the facilities, plus the right to collect any unpaid bills for past services.\n\n**Key things the law covers:**\n\n- **Automatic transfer** – On the commencement date, all water and sewerage facilities in the defined Kambalda area automatically become property of the Water Corporation. Any other claims to these assets are wiped out.\n- **No compensation** – Nobody gets paid compensation for this transfer, including landowners whose property has pipes running through it.\n- **Debts transfer too** – Unpaid water and sewerage bills owed to WMC Resources become debts owed to the Water Corporation instead.\n- **No liabilities** – Importantly, any legal problems, debts, or obligations attached to the facilities stay with WMC Resources and don't transfer to the Water Corporation.\n- **Land title notifications** – The Water Corporation must register notices on property titles warning future buyers that water and sewer pipes may be located on, under, or near the land.\n- **Licences continue temporarily** – Any government permits or licences that WMC held for operating the facilities continue in the Water Corporation's name for up to 3 years (or until new ones are issued).\n\n**Why it matters:**\n\nThis is essentially a privatisation reversal – taking essential public utilities (water and sewerage) out of private hands and putting them under public control. It ensures consistent regulation, professional management by a dedicated water authority, and protects the community from potential service disruptions if the mining company changed its business priorities."}},"importantCases":[],"_links":{"self":"/api/acts/kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004","history":"/api/acts/kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004/history","analysis":"/api/acts/kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004/analysis","conflicts":"/api/acts/kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004/conflicts","importantCases":"/api/acts/kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004/important-cases","documents":"/api/acts/kambalda-water-and-wastewater-facilities-transfer-to-water-corporation-act-2004/documents"}}