{"id":"tas:act-2008-052","name":"Water and Sewerage Industry (Consequential and Transitional) Act 2008","slug":"water-and-sewerage-industry-consequential-and-transitional-act-2008","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"52 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":60786,"registerId":"tas-act-2008-052-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Water and Sewerage Industry (Consequential and Transitional) Act 2008](/view/html/inforce/2026-04-12/act-2008-052) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> [*\\[Section 2 Substituted by No. 20 of 2009, s. 4, Applied:09 Jun 2009\\]*](/view/html/inforce/2009-06-09/act-2009-020#GS4@EN)\n> \n> > (1)  This section commences on the day on which the [Water and Sewerage (Consequential and Transitional) Amendment Act 2009](/view/html/inforce/2026-04-12/act-2009-020) commences.\n> \n> > (2)  [Section 3](#GS3@EN) and [Schedule 1](#JS1@EN) commence on a day to be proclaimed.\n> \n> > (3)  [Section 4](#GS4@EN) and [Schedule 2](#JS2@EN) commence on a day to be proclaimed.\n> \n> > (4)  [Section 5](#GS5@EN) commences on a day to be proclaimed.\n> \n> > (5)  [Section 6](#GS6@EN) commences on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Consequential amendments","content":"### 3 Consequential amendments\n\n> [*\\[Section 3 Substituted by No. 20 of 2009, s. 5, Applied:09 Jun 2009\\]*](/view/html/inforce/2009-06-09/act-2009-020#GS5@EN)\n> \n> > (1)  [Schedule 1](#JS1@EN) has effect.\n> \n> > (2)  Where a provision of [Schedule 1](#JS1@EN) inserts, amends, repeals, or substitutes, a provision of an Act, that provision of that Act is inserted, amended, repealed, or substituted, as specified in the provision of [Schedule 1](#JS1@EN) , on the day on which the provision of [Schedule 1](#JS1@EN) is proclaimed to take effect.\n> \n> > (3)  A proclamation under [subsection (2)](#GS3@Gs2@EN) may be combined with a proclamation under [section 2(2)](#GS2@Gs2@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Legislation repealed","content":"### 4 Legislation repealed\n\n> The legislation specified in [Schedule 2](#JS2@EN) is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transitional provisions","content":"### 5 Transitional provisions\n\n> > (1)  Unless the contrary intention appears, an expression used in this section has the same meaning as it has in the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) .\n> \n> > (2)  Where a licence under [Part 6 of the](/view/html/inforce/2026-04-12/act-1999-045#HP6@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) is the subject of a transfer order published in the *Gazette* in accordance with [section 41(1) of the](/view/html/inforce/2026-04-12/act-2008-012#GS41@Gs1@EN) [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) , the licence is taken to –\n> > \n> > > > (a) be a licence granted under the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) to the transferee referred to in the transfer order; and\n> > > \n> > > > (b) continue on the same terms and conditions as specified in the licence immediately before the day specified in the transfer order as the day on which the order takes effect, as if a reference in the licence to the transferor referred to in that order were a reference to the transferee referred to in that order.\n> \n> > (3)  Where an environment protection notice, within the meaning of the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) , is the subject of a transfer order published in the *Gazette* in accordance with [section 41(1) of the](/view/html/inforce/2026-04-12/act-2008-012#GS41@Gs1@EN) [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) , the notice is taken to –\n> > \n> > > > (a) be an environment protection notice served under the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) on the transferee referred to in the transfer order; and\n> > > \n> > > > (b) continue on the same terms and conditions as specified in the notice immediately before the day specified in the transfer order as the day on which the order takes effect, as if a reference in the notice to the transferor referred to in that order were a reference to the transferee referred to in that order.\n> \n> > (4)  Where a permit is taken to have been granted under clause 3 of [Schedule 6 to the](/view/html/inforce/2026-04-12/act-1994-044#JS6@EN) [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) in respect of scheduled premises which –\n> > \n> > > > (a) are under the control of the transferor referred to in the transfer order published in the *Gazette* in accordance with [section 41(1) of the](/view/html/inforce/2026-04-12/act-2008-012#GS41@Gs1@EN) [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) ; and\n> > > \n> > > > (b) are the subject of such an order –\n> > > \n> > > the permit is taken to –\n> > > \n> > > > (c) be a permit granted under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) in respect of scheduled premises which, by virtue of the transfer order, become under the control of the transferee; and\n> > > \n> > > > (d) continue on the same terms and conditions as specified in the permit.\n> \n> > (5)  Where a right to take water for domestic purposes has been granted by an undertaker under the [Irrigation Clauses Act 1973](/view/html/inforce/2026-04-12/act-1973-039) and that right is the subject of a transfer order published in the *Gazette* in accordance with [section 41(1) of the](/view/html/inforce/2026-04-12/act-2008-012#GS41@Gs1@EN) [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) , that right is taken to –\n> > \n> > > > (a) be a right granted under the [Irrigation Clauses Act 1973](/view/html/inforce/2026-04-12/act-1973-039) to the transferee as specified in the transfer order; and\n> > > \n> > > > (b) continue on the same terms and conditions as specified in the right immediately prior to the day specified in the transfer order as the day on which that order takes effect, as if a reference in the right to the transferor referred to in that order were a reference to the transferee referred to in that order.\n> \n> > (6)  [*\\[Section 5 Subsection (6) omitted by No. 20 of 2009, s. 6, Applied:09 Jun 2009\\]*](/view/html/inforce/2009-06-09/act-2009-020#GS6@EN) .  .  .  .  .  .  .  .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Transitional provisions – charging","content":"### 6 Transitional provisions – charging\n\n> [*\\[Section 6 Inserted by No. 20 of 2009, s. 7, Applied:09 Jun 2009\\]*](/view/html/inforce/2009-06-09/act-2009-020#GS7@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***local authority*** means a local authority within the meaning of the [Sewers and Drains Act 1954](/view/html/inforce/2026-04-12/act-1954-067) ;\n> > \n> > > ***local government amendments*** means the amendments to the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) that are specified in [Schedule 1](#JS1@EN) ;\n> > \n> > > ***relevant authority*** means –\n> > > \n> > > > > (a) a council; or\n> > > > \n> > > > > (b) a bulk water authority, within the meaning of the [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) , established as a joint authority under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> > \n> > > ***sewers amendments*** means the amendments to the [Sewers and Drains Act 1954](/view/html/inforce/2026-04-12/act-1954-067) that are specified in [Schedule 1](#JS1@EN) ;\n> > \n> > > ***trade effluent charge*** means a charge, for the carrying off and disposal of deleterious effluents, that was fixed and that applied under [Part X of the](/view/html/inforce/2026-04-12/act-1954-067#HPX@EN) [Sewers and Drains Act 1954](/view/html/inforce/2026-04-12/act-1954-067) , as in force immediately before the sewers amendments took effect;\n> > \n> > > ***trade effluent service*** means a regulated service for which a trade effluent charge could have, but for the sewers amendments, been imposed;\n> > \n> > > ***transitional period***, in relation to a customer of a regulated entity for a regulated service, means the period –\n> > > \n> > > > > (a) beginning on the day on which the local government amendments take effect; and\n> > > > \n> > > > > (b) ending on the day on which the person –\n> > > > > \n> > > > > > > (i) is taken under [section 60(2) of the](/view/html/inforce/2026-04-12/act-2008-013#GS60@Gs2@EN) [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) to have entered into a customer contract in relation to the regulated service; or\n> > > > > > \n> > > > > > > (ii) enters into a contract under [section 61 of the](/view/html/inforce/2026-04-12/act-2008-013#GS61@EN) [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) in relation to the regulated service; or\n> > > > > > \n> > > > > > > (iii) ceases to be a customer of the entity;\n> > \n> > > ***transitional service charge***, for a billing period in respect of a regulated service in relation to a customer of a regulated entity, means the amount, calculated by reference to the volumetric charge made under [section 94A of the](/view/html/inforce/2026-04-12/act-1993-095#GS94A@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) in respect of the regulated service for the 2008-2009 financial year, that the customer would have been liable to pay to a relevant authority for the regulated service for the billing period if –\n> > > \n> > > > > (a) the local government amendments had not taken effect; and\n> > > > \n> > > > > (b) the amount of the volumetric charge had remained the same for the financial year in which the person is a customer of the regulated entity; and\n> > > > \n> > > > > (c) the customer had been a customer of the relevant authority at the time the charge was payable;\n> > \n> > > ***transitional service rate***, in relation to a regulated service in respect of a customer of a regulated entity, means the amount of the service rate made under [section 93 of the](/view/html/inforce/2026-04-12/act-1993-095#GS93@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) , or the service charge made under [section 94](/view/html/inforce/2026-04-12/act-1993-095#GS94@EN) of that Act, in respect of the regulated service for the 2008-2009 financial year that the customer would have been liable to pay to a relevant authority for the regulated service if –\n> > > \n> > > > > (a) the local government amendments had not taken effect; and\n> > > > \n> > > > > (b) the amount of the service rate or service charge had remained the same for the financial year in which the person is a customer of the regulated entity; and\n> > > > \n> > > > > (c) the customer had been a customer of the relevant authority at the time the rate or service charge was payable.\n> \n> > (2)  Unless the contrary intention appears or the expression is defined in [subsection (1)](#GS6@Gs1@EN) , an expression used in this section has the same meaning as it has in the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) .\n> \n> > (3)  If, but for the local government amendments, a relevant authority could have, under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) , issued to a person a notice requiring the person to pay a volumetric charge for water supplied to the person during a period before the amendments take effect, then, despite the amendments –\n> > \n> > > > (a) the relevant authority may issue the notice to the person under that Act; and\n> > > \n> > > > (b) the person is liable to pay to the relevant authority the charge specified in the notice, on the day specified in the notice as the day on which the person is liable to pay the charge; and\n> > > \n> > > > (c) the charge may be recovered under that Act –\n> > \n> > as if the amendments had not taken effect.\n> \n> > (4)  Despite the sewers amendments and the local government amendments, if a person would have, but for the sewers amendments, been liable to pay to a local authority a trade effluent charge for services provided before those amendments take effect, then –\n> > \n> > > > (a) on the day specified, in a notice given to the person by the local authority, as the day on which the person is liable to pay to the local authority the charge specified in the notice, the person is liable to pay the charge to the local authority; and\n> > > \n> > > > (b) the charge may be recovered in the same way as the charge could have been recovered if the sewers amendments and the local government amendments had not taken effect.\n> \n> > (5)  A customer of a regulated entity in respect of a regulated service –\n> > \n> > > > (a) may be charged by the entity, for a billing period, within the transitional period in respect of the customer, that is specified in a notice given to the customer by the regulated entity, the chargeable amount specified in the notice; and\n> > > \n> > > > (b) is liable to pay to the entity the chargeable amount, or a part of the chargeable amount, on the day specified in the notice as the day on which the customer is liable to pay that amount or the part of the amount.\n> \n> > (6)  For the purposes of [subsection (5)](#GS6@Gs5@EN) , the chargeable amount for a billing period in respect of a regulated service (other than a trade effluent service) in relation to a customer is the amount (as the chargeable amount is varied, if at all, under [subsection (9)](#GS6@Gs9@EN) ) equal to the total of –\n> > \n> > > > (a) the transitional service charge, if any, in relation to the service for the billing period; and\n> > > \n> > > > (b) the relevant proportion of the transitional service rate, if any, in relation to the service.\n> \n> > (7)  For the purposes of [subsection (6)(b)](#GS6@Gs6@Hpb@EN) , the relevant proportion of a transitional service rate for a billing period is, for each day within the billing period, the amount equivalent to 1/365th of the amount of the rate. \n> \n> > (8)  For the purposes of [subsection (5)](#GS6@Gs5@EN) , the chargeable amount for a billing period in respect of a regulated service that is a trade effluent service provided to a customer is the amount of the trade effluent charge that the customer would have been liable to pay for the billing period if the sewers amendments had not taken effect, as that chargeable amount is varied, if at all, under [subsection (9)](#GS6@Gs9@EN) .\n> \n> > (9)  For the purposes of [subsections (6)](#GS6@Gs6@EN) and [(8)](#GS6@Gs8@EN) , if an interim order is made under [section 88 of the](/view/html/inforce/2026-04-12/act-2008-013#GS88@EN) [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) in relation to a regulated service, the chargeable amount for a billing period may be varied so as to reflect the charges that may be imposed on the customer in accordance with the interim order.\n> \n> > (10)  A chargeable amount may only be varied under [subsection (9)](#GS6@Gs9@EN) in respect of so much of a billing period as arises after the making of the order pursuant to which the variation is made.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Section 3](#GS3@EN)","sortOrder":6},{"sectionNumber":"SCHEDULE 2 - Legislation repea","sectionType":"part","heading":"SCHEDULE 2 - Legislation repealed","content":"# SCHEDULE 2 - Legislation repea SCHEDULE 2 - Legislation repealed\n\n[Section 4](#GS4@EN)\n\n| Hobart Regional Water (Arrangements) Act 1996 (No. 58 of 1996) |\n| Northern Regional Water (Arrangements) Act 1997 (No. 17 of 1997) |\n| North West Regional Water (Arrangements) Act 1997 (No. 54 of 1997) |","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the 2008 Tasmanian water industry restructuring by making consequential amendments, repealing superseded regional water Acts, and managing transitional arrangements. The 2009 amendments (visible in the text) refined the charging mechanisms but did not expand the Act beyond its core transitional/consequential function."},"complexity_factors":["Heavy cross-referencing to at least 6 other Acts (Water and Sewerage Industry Act 2008, Water and Sewerage Corporations Act 2008, Water Management Act 1999, Environmental Management and Pollution Control Act 1994, Local Government Act 1993, Sewers and Drains Act 1954, Irrigation Clauses Act 1973, Land Use Planning and Approvals Act 1993)","Nested conditional logic in Section 6 with multiple defined terms (9 defined terms in subsection 6(1) alone) that reference each other","Staged commencement — different sections start on different proclamation dates, creating temporal complexity","Transitional provisions require tracking of pre-reform entitlements (licences, permits, water rights) across multiple statutory regimes","Mathematical calculations for billing transitions (Section 6(6)-(7) with 1/365th daily apportionment)","Amendment history visible in text (substituted sections) indicating legislative evolution that must be mentally reconstructed"],"plain_english_summary":"**What this law does:**\n\nThis is a **\"clean-up\" law** that makes technical changes needed to implement Tasmania's 2008 water and sewerage industry reforms. It doesn't create new water rules itself — instead, it:\n\n* **Amends other laws** (Schedule 1) — changes various Acts to remove old references and insert new ones so the water reform system works properly\n* **Repeals three old regional water Acts** (Schedule 2) — scraps the Hobart, Northern and North West regional water laws that are being replaced\n* **Handles the handover** (Sections 5–6) — ensures water licences, environmental permits, and customer billing arrangements transfer smoothly from old authorities to the new corporations\n\n**Who it affects:**\n\n* **Water and sewerage customers** in Tasmania — the law ensures your bills keep working during the switchover to the new system\n* **The new water corporations** — gives them legal ownership of transferred licences and environmental approvals\n* **Local councils** — manages how they hand over billing responsibilities and collect final charges owed to them\n\n**Why it matters:**\n\nWithout this law, Tasmania's 2008 water reforms would have **legal gaps**. Old laws would contradict new ones, licences would sit in limbo, and customers might not know who to pay. This Act acts as the \"plumbing\" that connects the old system to the new one, ensuring continuity while the three regional water Acts are abolished.\n\n**Key practical effect:** If you were paying water rates to a council in 2008–2009, this law ensures you could still be charged (and pay) those old rates during the transition, even as responsibility shifted to the new water corporations."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the legal scope of responsibility and charging authority by deeming licences, environmental notices, permits and domestic water rights to transfer to transferees named in transfer orders (preserving existing terms), and by shifting charging arrangements from local authorities to regulated entities through a transitional charging framework. It also repeals specific regional water Acts, consolidating authority under the new regime."},"complexity_factors":["Heavy cross-referencing to multiple Acts (Water Management Act 1999; Water and Sewerage Corporations Act 2008; Environmental Management and Pollution Control Act 1994; Land Use Planning and Approvals Act 1993; Irrigation Clauses Act 1973; Local Government Act 1993; Sewers and Drains Act 1954).","Commencement by proclamation for different sections and ability to combine proclamations (s 2, s 3(2)).","Deeming transfers on publication in the Gazette that preserve prior terms and substitute transferee for transferor (s 5(2)–(5)).","Detailed transitional charging regime with defined concepts (transitional service charge, transitional service rate, transitional service charge calculation, 1/365th daily proportion) and separate rules for trade effluent (s 6(1), (6)–(9)).","Retention of recovery powers and notice-based liability (s 6(3)–(5)), creating operational interactions between outgoing local authorities and incoming regulated entities.","Ability for interim orders under the Industry Act to vary chargeable amounts mid-billing period (s 6(9)–(10)).","Schedules that effect consequential amendments and repeals (Schedule 1, Schedule 2) and repeal of multiple regional water Acts (s 4 and Schedule 2).","Multiple affected stakeholders (councils, bulk water authorities, regulated entities, customers, undertakers) raising coordination and compliance burdens.","Minor drafting complexity from substituted and omitted subsections due to amendments (e.g. s 2 and s 3 substituted; s 5(6) omitted)."],"plain_english_summary":"This Act provides the legal plumbing for transferring water and sewerage responsibilities from local authorities to new water entities. On publication of a transfer order it deems licences, environmental notices, permits and domestic water rights to be held by the named transferee and preserves existing terms. It also sets transitional charging rules so customers may be billed transitional volumetric, service-rate or trade-effluent amounts (and the amounts remain recoverable by notice). Several regional water Acts are repealed. This matters because it reallocates who holds rights, who can charge, and who may recover debt during the transition."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to have remained consistent with its original intent as a consequential and transitional measure supporting Tasmanian water and sewerage industry reform. There is no evidence of significant scope changes from the available metadata."},"complexity_factors":["Consequential and transitional legislation by nature requires cross-referencing multiple other Acts, increasing complexity for readers unfamiliar with the broader legislative framework","Limited text is available for analysis, making full assessment of scope and provisions difficult","Transitional provisions can involve complex timing rules about when old law stops applying and new law kicks in","Likely involves transfer of assets, liabilities, employees and contracts — areas that are legally nuanced","Reduced complexity because the Act is a support instrument rather than a standalone substantive law, and its operative provisions are likely now largely exhausted"],"plain_english_summary":"This short, housekeeping Act put in place the legal changes needed when Tasmania reformed its water and sewerage sector, aligning existing statutes with the new industry framework and handling the practical transition of contracts, assets and staff. It affected water businesses, former council service providers, transferred employees, customers and regulators — ensuring the restructure proceeded without legal gaps."}},"importantCases":[],"_links":{"self":"/api/acts/water-and-sewerage-industry-consequential-and-transitional-act-2008","history":"/api/acts/water-and-sewerage-industry-consequential-and-transitional-act-2008/history","analysis":"/api/acts/water-and-sewerage-industry-consequential-and-transitional-act-2008/analysis","conflicts":"/api/acts/water-and-sewerage-industry-consequential-and-transitional-act-2008/conflicts","importantCases":"/api/acts/water-and-sewerage-industry-consequential-and-transitional-act-2008/important-cases","documents":"/api/acts/water-and-sewerage-industry-consequential-and-transitional-act-2008/documents"}}