{"id":"tas:act-2009-024","name":"Water and Sewerage Legislation (Miscellaneous Amendments) Act 2009","slug":"water-and-sewerage-legislation-miscellaneous-amendments-act-2009","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"24 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31826,"registerId":"tas-act-2009-024-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Water and Sewerage Legislation (Miscellaneous Amendments) Act 2009](/view/html/inforce/2026-04-12/act-2009-024) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  [Parts 1](#HP1@EN) , [2](#HP2@EN) and [5](#HP5@EN) commence on 30 June 2009 but if this Act does not receive the Royal Assent by 30 June 2009 those Parts are taken to have commenced on 30 June 2009.\n> \n> > (2)  The remaining provisions of this Act commence on 1 July 2009 but if this Act does not receive the Royal Assent by 1 July 2009 those provisions are taken to have commenced on 1 July 2009.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Water and Sewerage Industry Amendment Act 2008 Amended","content":"# Part 2 Water and Sewerage Industry Amendment Act 2008 Amended\n\n*\n\n**3.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Industry Amendment Act 2008](/view/html/inforce/2026-04-12/act-2008-051) .\n\n**\n\n**4.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Industry Amendment Act 2008](/view/html/inforce/2026-04-12/act-2008-051) .\n\n*","sortOrder":3},{"sectionNumber":"3.","sectionType":"section","heading":null,"content":"### 3.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Industry Amendment Act 2008](/view/html/inforce/2026-04-12/act-2008-051) .","sortOrder":4},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Industry Amendment Act 2008](/view/html/inforce/2026-04-12/act-2008-051) .","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Building Act 2000 Amended","content":"# Part 3 Building Act 2000 Amended","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Principal Act","content":"### 5 Principal Act\n\n> In this Part, the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) is referred to as the Principal Act.\n\n*\n\n**6.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .\n\n**\n\n**7.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .\n\n**\n\n**8.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .\n\n**\n\n**9.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .\n\n**\n\n**10.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .\n\n*","sortOrder":7},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .","sortOrder":8},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .","sortOrder":9},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .","sortOrder":10},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .","sortOrder":11},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) .","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Local Government (Building and Miscellaneous Provisions) Act 1993 Amended","content":"# Part 4 Local Government (Building and Miscellaneous Provisions) Act 1993 Amended","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Principal Act","content":"### 11 Principal Act\n\n> In this Part, the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) is referred to as the Principal Act.\n\n*\n\n**12.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .\n\n*","sortOrder":14},{"sectionNumber":"12.","sectionType":"section","heading":null,"content":"### 12.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Water and Sewerage Corporations Act 2008 Amended","content":"# Part 5 Water and Sewerage Corporations Act 2008 Amended\n\n*\n\n**13.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) .\n\n**\n\n**14.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) .\n\n**\n\n**15.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) .\n\n*","sortOrder":16},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) .","sortOrder":17},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) .","sortOrder":18},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Water and Sewerage Corporations Act 2008](/view/html/inforce/2026-04-12/act-2008-012) .","sortOrder":19},{"sectionNumber":"Part 6","sectionType":"part","heading":"Validation","content":"# Part 6 Validation","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Validation of grant of licences","content":"### 16 Validation of grant of licences\n\n> A licence referred to in column 2 of [Schedule 1](#JS1@EN)  –\n> \n> > > (a) is to be taken to have been validly granted, in accordance with [clause 12 of Schedule 4](/view/html/inforce/2026-04-12/act-1999-045#JS4@EN) to the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) , to the local authority specified opposite the licence in column 1, on the day on which it was purportedly granted in accordance with that clause; and\n> > \n> > > (b) is, if it was purportedly granted in accordance with that clause for a term of less than 50 years, to be taken to have been granted on that day for a term of 50 years.","sortOrder":21},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional Provisions","content":"# Part 7 Transitional Provisions","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Interpretation","content":"### 17 Interpretation\n\n> In this Part –\n> \n> > ***commencement day*** means the day on which this Part comes into force.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Applications under  Land Use Planning and Approvals Act 1993  not determined before commencement day","content":"### 18 Applications under  Land Use Planning and Approvals Act 1993  not determined before commencement day\n\n> > (1)  In this section –\n> > \n> > > ***planning authority*** has the same meaning as in the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) ;\n> > \n> > > ***relevant application*** means an application for a permit under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070)  –\n> > > \n> > > > > (a) that was made, but not determined, under that Act before the commencement day; and\n> > > > \n> > > > > (b) that is an application in relation to which a notice to a regulated entity under [section 56O](/view/html/inforce/2026-04-12/act-2008-013#GS56O@EN) of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) would, apart from this section, be required under that Act to be given.\n> \n> > (2)  [Subdivision 3 of Division 2A of Part 4](/view/html/inforce/2026-04-12/act-2008-013#HP4@HD2A@Hd3@EN) of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) does not apply to a relevant application.\n> \n> > (3)  A planning authority must, before determining a relevant application made to it, consult with a regulated entity to whom, but for [subsection (2)](#GS18@Gs2@EN) , a notice in relation to the application would be required to be given under [section 56O](/view/html/inforce/2026-04-12/act-2008-013#GS56O@EN) of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) .\n> \n> > (4)  [Subsection (3)](#GS18@Gs3@EN) does not apply to a planning authority in relation to a relevant application if the planning authority determines that it is not reasonably practicable for it to consult with the regulated entity before determining the application.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Applications under  Building Act 2000  not determined before commencement day","content":"### 19 Applications under  Building Act 2000  not determined before commencement day\n\n> > (1)  In this section –\n> > \n> > > ***permit authority***, in relation to a relevant application, means the person that may grant the application under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) ;\n> > \n> > > ***relevant application*** means an application under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) for a building permit, plumbing permit, or special plumbing permit, that is an application that –\n> > > \n> > > > > (a) was made, but was not determined, under that Act before the commencement day; and\n> > > > \n> > > > > (b) apart from [subsection (2)](#GS19@Gs2@EN) , would only be permitted to be granted if a certificate had been granted under [section 56TC](/view/html/inforce/2026-04-12/act-2008-013#GS56TC@EN) of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) in relation to certifiable work, within the meaning of [section 56TA](/view/html/inforce/2026-04-12/act-2008-013#GS56TA@EN) of that Act, forming all or part of the building work or plumbing work to which the application relates;\n> > \n> > > ***relevant regulated entity***, in relation to an relevant application in respect of a building or land, means the regulated entity in relation to which an occupier or owner of the building or land is, or is likely to become, a customer within the meaning of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) .\n> \n> > (2)  [Subdivision 3A of Division 2A of Part 4](/view/html/inforce/2026-04-12/act-2008-013#HP4@HD2A@Hd3A@EN) of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) does not apply to a relevant application.\n> \n> > (3)  A permit authority to which a relevant application has been made must, before determining the application under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) , consult with the relevant regulated entity.\n> \n> > (4)  [Subsection (3)](#GS19@Gs3@EN) does not apply to a permit authority in relation to a relevant application if the permit authority determines that it is not reasonably practicable for it to consult with the relevant regulated entity before determining the application.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Provisions in respect of certain applications, agreements and permits relating to trade waste","content":"### 20 Provisions in respect of certain applications, agreements and permits relating to trade waste\n\n> > (1)  In this section –\n> > \n> > > ***relevant regulated entity*** in relation to a permit or application in respect of land, means the regulated entity in relation to which an occupier or owner of the land is, or is likely to become, a customer within the meaning of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) .\n> \n> > (2)  If a special plumbing permit in relation to the discharge of trade waste –\n> > \n> > > > (a) was granted to a person under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) and is in force immediately before the commencement day; and\n> > > \n> > > > (b) is no longer required because of the amendment of [section 77 of the](/view/html/inforce/2026-04-12/act-2000-100#GS77@EN) [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) by this Act –\n> > \n> > the terms and conditions of the permit are to be taken to be the terms and conditions of a consent granted to the person under [section 56ZI](/view/html/inforce/2026-04-12/act-2008-013#GS56ZI@EN) of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) in relation to the discharge of the trade waste.\n> \n> > (3)  A reference in [subsection (2)](#GS20@Gs2@EN) to the terms and conditions of a permit includes a reference to the terms and conditions of any trade waste agreement that was –\n> > \n> > > > (a) entered into under the [Plumbing Regulations 2004](/view/html/inforce/2026-04-12/sr-2004-044) in accordance with the terms and conditions of the permit; and\n> > > \n> > > > (b) in force immediately before the commencement day.\n> \n> > (4)  A reference to a local authority in a trade waste agreement entered into by a local authority and a person under the [Plumbing Regulations 2004](/view/html/inforce/2026-04-12/sr-2004-044) and in force immediately before the commencement day is to be taken to be a reference to the relevant regulated entity responsible for the provision of trade waste services to the person.\n> \n> > (5)  If –\n> > \n> > > > (a) an application for a special plumbing permit for the discharge of trade waste was made, but not determined, under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) before the commencement day; and\n> > > \n> > > > (b) after that day, such a permit is no longer required under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) because of the amendment of [section 77 of the](/view/html/inforce/2026-04-12/act-2000-100#GS77@EN) [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) by this Act –\n> > \n> > the permit authority to which the application is made is to refer the application to the relevant regulated entity and the entity is to determine the application as if it were an application for the consent of the entity under [section 56ZI](/view/html/inforce/2026-04-12/act-2008-013#GS56ZI@EN) of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) .","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Regulated entity to honour obligations under permits already issued or applied for","content":"### 21 Regulated entity to honour obligations under permits already issued or applied for\n\n> > (1)  [Subsection (2)](#GS21@Gs2@EN) applies to –\n> > \n> > > > (a) a building permit, plumbing permit, or special plumbing permit, granted under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) before the commencement day and in force immediately before that day; and\n> > > \n> > > > (b) a building permit, plumbing permit, or special plumbing permit, granted under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) after the commencement day and to which [section 19](#GS19@EN) applies; and\n> > > \n> > > > (c) a permit or agreement granted or entered into under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) before the commencement day and in force or in operation immediately before that day; and\n> > > \n> > > > (d) a permit or agreement granted or entered into under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) after the commencement day and to which [section 18](#GS18@EN) applies.\n> \n> > (2)  If a permit or agreement to which this section applies required, or by implication required, a local authority to provide, or make arrangements for the provision of, water services or sewerage services to an area of land, a regulated entity for the area of land is to take all reasonable steps to provide or make arrangements for the provision of those services as required by the permit or agreement.\n> \n> > (3)  A reference to a local authority in an agreement entered into under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) in relation to the provision of water services or sewerage services to an area is to be taken to be a reference to the regulated entity responsible for the provision of such services in the area.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Certain terms and conditions of permits and agreements to become customer contracts","content":"### 22 Certain terms and conditions of permits and agreements to become customer contracts\n\n> > (1)  In this section –\n> > \n> > > ***relevant permit or agreement*** means –\n> > > \n> > > > > (a) a permit or agreement, granted or entered into under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , that was in force or in operation immediately before the commencement day; and\n> > > > \n> > > > > (b) a building permit, planning permit, or special plumbing permit, granted under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) , that was in force immediately before the commencement day and to which [section 20](#GS20@EN) does not apply; and\n> > > > \n> > > > > (c) a building permit, plumbing permit, or special plumbing permit, granted under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) after the commencement day and to which [section 19](#GS19@EN) applies; and\n> > > > \n> > > > > (d) a permit or agreement, granted or entered into under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) after the commencement day and to which [section 18](#GS18@EN) applies;\n> > \n> > > ***relevant regulated entity***, in relation to an relevant permit or agreement in respect of a building or land, means the regulated entity in relation to which an occupier or owner of the building or land is, or is likely to become, a customer within the meaning of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) ;\n> > \n> > > ***relevant terms and conditions*** means the terms and conditions, of a relevant permit or agreement, that relate to the provision of water or sewerage services.\n> \n> > (2)  If a relevant permit or agreement is granted to, or entered into by, a person before the commencement day –\n> > \n> > > > (a) the person and the relevant regulated entity are to be taken, on and from that day, to have entered into a customer contract on the same terms and conditions as the relevant terms and conditions; and\n> > > \n> > > > (b) the customer contract is to remain in operation until another customer contract is entered into between the regulated entity and the person.\n> \n> > (3)  If a relevant permit or agreement is granted to, or entered into by, a person on a day after the commencement day –\n> > \n> > > > (a) the person and the relevant regulated entity are to be taken, on and from the day the permit is granted or the agreement is entered into, to have entered into a customer contract on the same terms and conditions as the relevant terms and conditions; and\n> > > \n> > > > (b) the customer contract is to remain in operation until another customer contract is entered into between the regulated entity and the person.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Time limits for actions may be extended by Minister","content":"### 23 Time limits for actions may be extended by Minister\n\n> > (1)  The Minister administering the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) may, by notice, extend a period, specified in a provision in that Act, in which an action is to be performed by a regulated entity.\n> \n> > (2)  A period may not be extended under [subsection (1)](#GS23@Gs1@EN) for more than 30 days.\n> \n> > (3)  A notice under [subsection (1)](#GS23@Gs1@EN) is of no effect after the end of the period of 12 months beginning on the day on which this Part comes into force.\n> \n> > (4)  If a period, specified in a provision, in which an action is to be performed by a regulated entity is extended in a notice under [subsection (1)](#GS23@Gs1@EN) , the entity is not to be taken to be in breach of the provision if it performs the action within the period so extended.","sortOrder":29},{"sectionNumber":"SCHEDULE 1 - Water licences","sectionType":"part","heading":"SCHEDULE 1 - Water licences","content":"# SCHEDULE 1 - Water licences SCHEDULE 1 - Water licences\n\n[Section 16](#GS16@EN)\n\n| Column 1Council name | Column 2Water Licence number |\n| Break O'Day Council | 7796 |\n| Break O'Day Council | 7797 |\n| Break O'Day Council | 7798 |\n| Break O'Day Council | 7799 |\n| Break O'Day Council | 7800 |\n| Break O'Day Council | 7801 |\n| Burnie City Council | 8190 |\n| Burnie City Council | 8191 |\n| Central Highlands Council | 7804 |\n| Central Highlands Council | 7805 |\n| Central Highlands Council | 7806 |\n| Derwent Valley Council | 6031 |\n| Derwent Valley Council | 7721 |\n| Derwent Valley Council | 7807 |\n| Derwent Valley Council | 7808 |\n| Dorset Council | 7809 |\n| Dorset Council | 7810 |\n| Dorset Council | 7811 |\n| Dorset Council | 7812 |\n| Dorset Council | 7813 |\n| Dorset Council | 7814 |\n| Dorset Council | 7815 |\n| Dorset Council | 7816 |\n| Dorset Council | 8988 |\n| Flinders Council | 7819 |\n| Huon Valley Council | 7844 |\n| Huon Valley Council | 7845 |\n| Huon Valley Council | 7846 |\n| Huon Valley Council | 7847 |\n| Huon Valley Council | 7848 |\n| Huon Valley Council | 7849 |\n| Huon Valley Council | 7850 |\n| Huon Valley Council | 7851 |\n| Huon Valley Council | 7852 |\n| Huon Valley Council | 7853 |\n| Launceston City Council | 7833 |\n| Meander Valley Council | 7825 |\n| Meander Valley Council | 7826 |\n| Meander Valley Council | 7827 |\n| Meander Valley Council | 7828 |\n| Meander Valley Council | 7829 |\n| Meander Valley Council | 7831 |\n| Municipality of Glamorgan/Spring Bay | 7820 |\n| Municipality of Glamorgan/Spring Bay | 7821 |\n| Municipality of Glamorgan/Spring Bay | 7822 |\n| Municipality of Glamorgan/Spring Bay | 7823 |\n| Municipality of Glamorgan/Spring Bay | 8197 |\n| Municipality of Glamorgan/Spring Bay | 8219 |\n| Municipality of Waratah-Wynyard | 7855 |\n| Northern Midlands Council | 7765 |\n| Northern Midlands Council | 7860 |\n| Northern Midlands Council | 8991 |\n| Northern Midlands Council | 9058 |\n| Southern Midlands Council | 7834 |\n| Southern Midlands Council | 7835 |\n| West Coast Council | 7836 |\n| West Coast Council | 7837 |\n| West Coast Council | 7838 |\n| West Coast Council | 7839 |\n| West Coast Council | 7840 |\n| West Coast Council | 7841 |\n| West Coast Council | 7842 |\n| West Coast Council | 7843 |","sortOrder":30}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears consistent with its stated purpose as a miscellaneous amendments act targeting water and sewerage legislation. There is no evidence of scope creep beyond the water and sewerage sector. However, the absence of the full amendment text prevents a definitive assessment of whether any individual amendments exceeded their intended reach."},"complexity_factors":["Omnibus/miscellaneous amendment structure means changes are spread across multiple parent Acts, requiring cross-referencing several pieces of legislation","Water and sewerage regulatory frameworks can involve layered state and local government responsibilities","Without the full text of amendments visible, the true scope and complexity cannot be fully assessed","Relatively narrow subject matter (water and sewerage sector only) limits broader complexity","As a housekeeping/amendment act rather than a standalone substantive law, the complexity largely depends on the parent legislation being amended"],"plain_english_summary":"The Water and Sewerage Legislation (Miscellaneous Amendments) Act 2009 (Tas) makes a set of minor, technical updates to existing Tasmanian water and sewerage laws—fixing drafting errors, clarifying wording, updating cross‑references and making small operational tweaks.  \n\nIt affects customers, businesses, service providers and regulators because those housekeeping changes can alter how services are delivered, regulated or charged, and therefore people’s rights, obligations or costs."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: making miscellaneous amendments to water and sewerage legislation, validating specific water licences, and providing transitional arrangements for the restructuring of Tasmania's water and sewerage industry. The scope has not expanded beyond this technical and transitional remit."},"complexity_factors":["Multiple amending Parts (2–5) that incorporate changes into other Acts without reproducing the amendments in this Act, requiring cross-referencing to understand the full effect","Extensive transitional provisions (Part 7) with nested definitions and conditional logic (e.g., 'relevant application', 'relevant regulated entity', 'relevant permit or agreement')","Complex interaction between three different regulatory regimes: water management, building control, and land use planning","Multiple cross-references to external legislation (Water and Sewerage Industry Act 2008, Building Act 2000, Land Use Planning and Approvals Act 1993, Water Management Act 1999)","Temporal conditions distinguishing between permits granted 'before', 'on', or 'after' the commencement day with different legal consequences for each","Conversion mechanisms transforming old permits/agreements into new statutory instruments (customer contracts, consents) with deemed effect","Schedule 1 contains a table of 59 specific water licences requiring validation"],"plain_english_summary":"This Act is a 'clean-up' law that makes technical amendments to several Tasmanian Acts dealing with water, sewerage, and building regulation. It also fixes a historical problem and manages the transition when local councils stopped providing water services and new government-owned corporations took over.\n\n**What it does:**\n\n*   **Fixes past mistakes (Part 6):** Validates dozens of water licences that were granted to local councils under the Water Management Act 1999. These licences are now legally recognised as having been valid from the day they were issued, and if they were granted for less than 50 years, they are automatically extended to 50 years.\n\n*   **Amends other laws (Parts 2–5):** Makes changes to the Water and Sewerage Industry Amendment Act 2008, the Building Act 2000, the Local Government (Building and Miscellaneous Provisions) Act 1993, and the Water and Sewerage Corporations Act 2008. The actual text of these amendments has been merged into the authorised versions of those Acts, so this Act simply notes that the changes have been made.\n\n*   **Manages the handover from councils to corporations (Parts 6–7):** When Tasmania restructured its water industry and created regulated entities (government-owned corporations) to replace local councils as water and sewerage providers, this Act ensured a smooth transition:\n    *   **Pending applications:** Planning and building applications that were in progress when the new system started are handled under special transitional rules. The new water corporations don't have to issue formal certificates for these old applications, but planning and building authorities must consult with them before making decisions.\n    *   **Trade waste:** Special plumbing permits for trade waste (industrial wastewater) that were issued under the old system are converted into consents under the new Water and Sewerage Industry Act 2008. Pending applications are transferred to the new corporations to decide.\n    *   **Honouring old obligations:** The new water corporations must honour any promises made by local councils in old permits or agreements to provide water or sewerage services.\n    *   **Customer contracts:** Terms and conditions about water and sewerage services in old permits and agreements automatically become 'customer contracts' between the property owner and the new water corporation.\n    *   **Time limits:** The Minister can extend time limits for the new corporations to take certain actions, but only for up to 30 days and only within the first 12 months of this Part commencing.\n\n**Who it affects:**\n\n*   Local councils in Tasmania (particularly regarding historical water licences).\n*   The new government-owned water and sewerage corporations ('regulated entities').\n*   Property owners, developers, and businesses with pending building or planning applications, or existing trade waste permits.\n*   Planning and building permit authorities who must now consult with water corporations.\n\n**Why it matters:**\n\nThis Act prevents legal chaos by validating potentially defective water licences and ensuring that the shift from council-provided water services to corporation-provided services doesn't leave anyone in limbo. It protects people who had applications in progress or existing permits, ensuring they don't have to start over under the new system."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act reassigns practical responsibilities and contractual relationships for water and sewerage services: it validates specific historical water licences and fixes their terms (s 16, Schedule 1), removes or narrows certain local‑authority roles by requiring regulated entities to provide services where permits/agreements previously obliged local authorities (s 21), converts permit or agreement terms about water/sewerage into customer contracts with regulated entities (s 22), and imposes new consultation duties and limited ministerial extension powers for regulated entities (ss 18–19, 23)."},"complexity_factors":["Extensive cross-referencing to multiple Acts and schedules (Water and Sewerage Industry Act 2008; Building Act 2000; Land Use Planning and Approvals Act 1993), increasing interpretive load.","Transitional provisions that modify application of new subdivisions for applications made but not determined (ss 18–19), generating conditional exceptions and timing rules.","Validation clause that retroactively treats listed licences as valid and fixes their term at 50 years (s 16 and Schedule 1).","Automatic conversion of permit/agreement terms into customer contracts and continuity until replacement contracts are made (ss 21–22).","Discretionary powers with hard limits: Minister may extend regulated‑entity timeframes by up to 30 days and only for 12 months after commencement (s 23).","Consultation obligations with an impracticability exception, creating subjective decision points for authorities (ss 18(3)–(4), 19(3)–(4)).","Frequent incorporation statements indicating amendments have been folded into authorised versions of several Acts, complicating locating the operative law."],"plain_english_summary":"This Act adjusts who manages water and sewerage obligations: it moves certain functions and responsibilities from local councils to regulated water entities, validates a list of historical water licences (treating shorter terms as 50‑year grants), and converts existing planning/building permits or permit terms about water/sewerage into customer contracts with the relevant regulated entity. It also imposes consultation requirements for pending planning/building applications and allows the Minister a short, one‑off extension power for regulated entities' performance deadlines (up to 30 days)."}},"importantCases":[],"_links":{"self":"/api/acts/water-and-sewerage-legislation-miscellaneous-amendments-act-2009","history":"/api/acts/water-and-sewerage-legislation-miscellaneous-amendments-act-2009/history","analysis":"/api/acts/water-and-sewerage-legislation-miscellaneous-amendments-act-2009/analysis","conflicts":"/api/acts/water-and-sewerage-legislation-miscellaneous-amendments-act-2009/conflicts","importantCases":"/api/acts/water-and-sewerage-legislation-miscellaneous-amendments-act-2009/important-cases","documents":"/api/acts/water-and-sewerage-legislation-miscellaneous-amendments-act-2009/documents"}}