Water Corporation Act 1995 (Western Australia)

The Water Corporations Act 1995 establishes and governs statutory corporate entities with the principal function of providing water and wastewater services in Western Australia. It creates three named corporations , the Water Corporation, Bunbury Water Corporation and Busselton Water Corporation , and permits the Governor, with the Treasurer’s concurrence, to establish additional bodies by Gazette notice (s 4(1)-(5)). Each corporation is a perpetual body corporate able to sue and be sued in its corporate name and to operate under Minister‑approved trading names (s 5A(1)-(3)). The Act expressly excludes corporations and their officers from Crown agent status and from inclusion in the public sector under the Public Sector Management Act 1994 (s 5; s 6(1)-(2)). The GTE Act is to be read with this Act as if they formed a single Act (s 3A), and several provisions operate subject to the GTE Act (s 29(2A); see also delegation and reporting cross‑references).

Mechanically, the Act defines corporate functions and powers (Part 3 Div 1). Functions include acquiring, treating, storing, distributing and marketing water; collecting, treating and disposing of wastewater and surplus water; building and operating works and systems; commercial consulting, development and exploitation of technology and intellectual property; and manufacturing related by‑products and equipment (s 27(1)-(2)). Corporations may exercise any powers necessary or convenient to perform those functions and may enter contracts, form or participate in business arrangements, acquire and dispose of real property, appoint agents, undertake research and exploit intellectual property (s 29(1)-(2), (5)). The Act also authorises specific institutional arrangements: the Minister may vest land or reserve care and control in the Water Corporation by Gazette order (s 92), the Governor may make regulations authorising arrangements and market practices relating to corporations (s 36), and the Treasurer may delegate his functions under the Act (s 90).

CrestWestern Australia

Water Corporations Act 1995

Western Australia

Water Corporations Act 1995

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

3A. Relationship to GTE Act 3

Part 2 — Water corporations

Division 1 — Establishment of water corporations

Water corporations established 4

5A. Nature of corporations 4

Corporations not agents of Crown 5
Corporations and officers not part of public sector 5

7A. Dissolution of bodies established by Governor 5

Division 2 — Regional water corporation board members

Appointing board member: special provision for regional water corporations 7

Division 3 — Staff

Staff 7
Minimum standards for staff management 8
Reports to Public Sector Commissioner 9
Superannuation 10

Division 4 — Staff codes of conduct

Codes of conduct for staff 10
Reports to Public Sector Commissioner 11
Reports to Minister 12

Part 3 — Functions and powers of corporations

Division 1 — Functions, powers and related provisions

Functions of corporation 13
Powers of corporation 14
Delegation by corporation 16

Division 2 — Arrangements authorised or approved by Governor

Governor may make certain regulations 17

Part 6 — Miscellaneous

Laying documents before Parliament not sitting 19
Delegation by Treasurer 19
Regulations 19
Minister may vest certain land in Water Corporation and make orders in respect of certain reserves 20
Review of Act 22
Transitional provisions 22

Schedule 5 — Transitional provisions

Division 1 — Transitional provisions relating to Water Services Legislation Amendment and Repeal Act 2012

Subdivision 1 — Preliminary

Terms used 23
Application of Interpretation Act 1984 24

Subdivision 2 — Continuation of former Boards

Bunbury Water Board continues 24
Busselton Water Board continues 25
Members of former Boards 25
Operating licences of former Boards 25
Supply of water to Water Corporation under Busselton Water Board (Supply of Water to Dunsborough) Act 2009 26

Subdivision 3 — Staff of former Boards

Term used: PSM Act 27
Transition of employment 27
Election as to employment 28
Application of PSM Act Part 6 to persons who make an election 28
Arrangements for return to Public Sector 29
Contracts for services 30

Subdivision 4 — Provisions as to accountability and financial provisions

Strategic development plans 30
Statements of corporate intent 30
Financial reporting 31
Water funds 31
Payments to State under Part 5 Div. 2 31

Subdivision 5 — Miscellaneous

References to former Boards 32
References to repealed Act 32
Transitional regulations 32
Relationship of provisions of this Division to transitional regulations 34

Notes

Compilation table 35

Other notes 37

Defined terms

Western Australia

Water Corporations Act 1995

An Act to establish, and to provide for the establishment of, corporations with the function of providing water services, and with functions necessary for and related to that purpose, and for connected purposes.

[Long title amended: No. 25 of 2012 s. 111.]

Part 1 — Preliminary

1. Short title

This Act may be cited as the Water Corporations Act 1995.

[Section 1 amended: No. 25 of 2012 s. 112.]

2. Commencement

This Act comes into operation on the day on which Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 comes into operation, that is, on the day fixed by proclamation made under section 2(2) of that Act.

3. Terms used

(1) In this Act, unless the contrary intention appears —

Bunbury Water Corporation means the body established by section 4(2);

Busselton Water Corporation means the body established by section 4(3);

corporation means —

(a) a body established by section 4(1), (2) or (3); or

(b) a body established by the Governor under section 4(4);

function, except in sections 27(1), (2) and (4) and 29, includes powers, duties and authorities;

GTE Act means the Government Trading Enterprises Act 2023;

Water Corporation means the body established by section 4(1);

water service has the meaning given in the Water Services Act section 3(1);

Water Services Act means the Water Services Act 2012.

[(2) deleted]

[Section 3 amended: No. 10 of 2001 s. 205; No. 74 of 2003 s. 127(2); No. 8 of 2009 s. 132(2) and (3); No. 39 of 2010 s. 87(2); No. 25 of 2012 s. 113; No. 13 of 2023 s. 258.]

3A. Relationship to GTE Act

The GTE Act is to be read with this Act as if they formed a single Act.

[Section 3A inserted: No. 13 of 2023 s. 259.]

Part 2 — Water corporations

[Heading amended: No. 25 of 2012 s. 190.]

Division 1 — Establishment of water corporations

[Heading amended: No. 25 of 2012 s. 190.]

4. Water corporations established

(1) There is established a body called the Water Corporation.

(2) There is established a body called the Bunbury Water Corporation.

(3) There is established a body called the Busselton Water Corporation.

(4) The Governor may, by order published in the Gazette, establish a body with the name specified in the order.

(5) The Governor cannot establish a body under subsection (4) without the concurrence of the Treasurer.

[Section 4 amended: No. 25 of 2012 s. 114.]

5A. Nature of corporations

(1) Each corporation is a body corporate with perpetual succession.

(2) Proceedings may be taken by or against a corporation in its corporate name.

(3) A corporation may use, and operate under, one or more trading names approved by the Minister being —

(a) an abbreviation or adaptation of its corporate name; or

(b) a name other than its corporate name.

[Section 5A inserted: No. 25 of 2012 s. 115.]

5. Corporations not agents of Crown

A corporation is not an agent of the Crown and does not have the status, immunities and privileges of the Crown.

[Section 5 amended: No. 25 of 2012 s. 190.]

6. Corporations and officers not part of public sector

(1) A corporation is not, and is not to become, a public sector body under the Public Sector Management Act 1994.

(2) Neither the chief executive officer nor any member of staff of a corporation is to be included in the Senior Executive Service provided for by the Public Sector Management Act 1994.

[Section 6 amended: No. 25 of 2012 s. 116 and 190.]

7A. Dissolution of bodies established by Governor

(1) The Governor may, with the concurrence of the Treasurer, by order published in the Gazette, dissolve a body established under section 4(4).

(2) The order may deal with anything to be done, or that occurs, because of the dissolution of the body, including any of the following —

(a) the assignment or disposal of assets of the body, including assets that are on, in, over or under land that is not the property of the body;

(b) the assignment or discharge of liabilities of the body;

(d) the modification of specified agreements and instruments (other than enactments) referring to the body;

(e) proceedings and remedies that might have been commenced by, or available to or against, the body being commenced by, or becoming available to or against, a specified person;

(f) any act, matter or thing done or omitted to be done by, to or in respect of the body before the dissolution;

(g) the taking possession of books, documents or other records, however compiled or stored, relating to the operations of the body;

(h) the making and submission of any outstanding reports under the GTE Act Part 7 Division 1 and a final report in respect of the body;

(i) the continuation of the body with the powers that are necessary or convenient for the purposes of doing anything under the order (including making and submitting the reports referred to in paragraph (h));

(j) the exemption from any State tax of anything that occurs by operation of, or under, the order.

(3) In subsection (2) —

specified means specified in the order.

(4) Anything that occurs by operation of, or under, the order does not give rise to a breach of an existing right or obligation (whether contractual or not) or any remedy that did not already exist.

[Section 7A inserted: No. 25 of 2012 s. 117; amended: No. 13 of 2023 s. 260.]

Division 2 — Regional water corporation board members

[Heading inserted: No. 13 of 2023 s. 261.]

7. Appointing board member: special provision for regional water corporations

(1) In this section —

operating area, in relation to a regional water corporation, means an operating area of a licence held by the corporation under the Water Services Act 2012;

regional water corporation means the Bunbury Water Corporation and the Busselton Water Corporation.

(2) In appointing the members of a regional water corporation’s board, the Minister must, to the extent practicable, ensure that, at the time of the appointment, the number of directors who are not ordinarily resident in an operating area of the corporation does not exceed the number of those who are.

[Section 7 inserted: No. 13 of 2023 s. 261.]

[8-12. Deleted: No. 13 of 2023 s. 261.]

Division 3 — Staff

[13-14. Deleted: No. 13 of 2023 s. 262.]

15. Staff

(1) The power to engage and manage the staff of a corporation is vested in its board.

(2) The power conferred by subsection (1) —

(a) includes powers to determine remuneration and other terms and conditions of service and to remove, suspend and discipline staff; and

(b) does not preclude the delegation of any matter under section 35.

(3) The remuneration of members of staff of a corporation and other terms and conditions of employment are not to be less favourable than is provided for in —

(a) an applicable award, order or agreement under the Industrial Relations Act 1979; or

(b) the Minimum Conditions of Employment Act 1993.

(4) Nothing in this section affects the operation of Part VID of the Industrial Relations Act 1979.

[Section 15 amended: No. 20 of 2002 s. 27; Gazette 15 Aug 2003 p. 3692; No. 25 of 2012 s. 121 and 190.]

16. Minimum standards for staff management

(1) The board of a corporation must, after consultation with the Public Sector Commissioner, prepare and issue an instrument setting out minimum standards of merit, equity and probity applicable to the management of the staff of the corporation.

(2) In subsection (1) —

management includes recruitment, selection, appointment, transfer, secondment, performance management, redeployment, discipline and termination of employment.

(3) In complying with subsection (1) the board is to have regard to the principles set out in section 8 of the Public Sector Management Act 1994.

(4) An instrument issued under subsection (1) may be expressed to apply to the chief executive officer of the corporation as if the chief executive officer were a member of staff.

(4A) If an instrument issued under subsection (1) applies to the chief executive officer of the corporation, subsection (3) does not affect the operation of the GTE Act section 37(5).

(5) The Public Sector Commissioner may at any time recommend to the board any amendment that he or she thinks should be made to an instrument issued under this section.

(6) The board may —

(a) amend an instrument issued under this section; or

(b) revoke it and substitute a new instrument,

but, except where subsection (5) applies, is to do so only after consultation with the Public Sector Commissioner.

[Section 16 amended: No. 39 of 2010 s. 87(3); No. 25 of 2012 s. 190; No. 13 of 2023 s. 263.]

17. Reports to Public Sector Commissioner

(1) The Public Sector Commissioner may in writing require the board of a corporation —

(a) to report to him or her on the observance of the minimum standards in force under section 16; and

(b) to make the reports at such times, but not more often than half‑yearly,

as the Commissioner may specify.

(2) The board must comply with a requirement made under subsection (1).

(3) The Public Sector Commissioner may at any time report to the Minister on the content or observance of the minimum standards in force under section 16.

[Section 17 amended: No. 39 of 2010 s. 87(3); No. 25 of 2012 s. 190.]

[18. Deleted: No. 13 of 2023 s. 264.]

19. Superannuation

(1) A corporation may grant, or make provision for the grant of, retirement benefits to members of staff of the corporation and, for that purpose may —

(a) establish, manage and control; or

(b) enter into an arrangement with any body for the establishment, management and control by such body either alone or jointly with the corporation of,

any fund or scheme for the purpose of providing for such retirement benefits.

(2) A corporation may make contributions to any fund or scheme referred to in subsection (1).

(3) In subsection (1) —

members of staff includes —

(a) dependants of members of staff; and

(b) former members of staff and their dependants.

(4) Nothing in this section affects the operation of the State Superannuation Act 2000 in relation to a corporation or any member of staff of a corporation.

[Section 19 amended: No. 43 of 2000 s. 70; No. 25 of 2012 s. 190.]

Division 4 — Staff codes of conduct

[Heading inserted: No. 13 of 2023 s. 265.]

[20-23. Deleted: No. 13 of 2023 s. 266.]

24. Codes of conduct for staff

(1) The board of a corporation must, after consultation with the Public Sector Commissioner, prepare and issue a code or codes of conduct setting out minimum standards of conduct and integrity to be observed by members of staff of the corporation.

(2) In complying with subsection (1) the board is to have regard to the principles set out in section 9 of the Public Sector Management Act 1994.

(3) The board may, after consultation with the Public Sector Commissioner, amend any code of conduct in force under subsection (1) or revoke it and substitute a new code of conduct.

(4) In this section and in sections 25 and 26 —

members of staff includes the chief executive officer.

[Section 24 amended: No. 39 of 2010 s. 87(3); No. 25 of 2012 s. 190.]

25. Reports to Public Sector Commissioner

(1) The Public Sector Commissioner may in writing require the board of a corporation —

(a) to report to him or her on the observance by members of staff of any code of conduct in force under section 24; and

(b) to make the reports at such times, but not more often than half‑yearly,

as the Commissioner may specify.

(2) The board must comply with a requirement made under subsection (1).

(3) The Public Sector Commissioner may at any time report to the Minister on any matter relating to the observance by members of staff of a corporation of a code of conduct in force under section 24 that the Commissioner thinks should be brought to the Minister’s attention.

[Section 25 amended: No. 39 of 2010 s. 87(3); No. 25 of 2012 s. 190.]

26. Reports to Minister

(1) The board of a corporation, when it delivers to the Minister its annual report under the GTE Act section 81, is also to deliver to the Minister a separate report on the observance by members of staff of any code of conduct in force under section 24.

(2) The board is to give to the Public Sector Commissioner a copy of each report under subsection (1).

[Section 26 amended: No. 39 of 2010 s. 87(3); No. 25 of 2012 s. 190; No. 13 of 2023 s. 267.]

Part 3 — Functions and powers of corporations

[Heading amended: No. 25 of 2012 s. 190.]

Division 1 — Functions, powers and related provisions

27. Functions of corporation

(1) The functions of a corporation are —

(a) to acquire, store, treat, distribute, market and otherwise supply water for any purpose;

(b) to collect, store, treat, market and dispose of wastewater and surplus water;

(c) to undertake, maintain and operate any works, system, facilities, apparatus or equipment required for any purpose referred to in paragraph (a) or (b);

(d) to use its expertise and resources to provide consultative, advisory or other services for profit;

(e) to develop and turn to account any technology, software or other intellectual property that relates to a function referred to in paragraph (a), (b) or (c);

(f) to manufacture and market any product or by‑product that relates to a function referred to in paragraph (a), (b), (c) or (e).

(2) It is also a function of a corporation —

(a) to use or exploit its fixed assets for profit so long as the proper performance of its functions under paragraphs (a), (b) and (c) of subsection (1) are not affected; or

(b) to do anything that the corporation determines to be conducive or incidental to the performance of a function referred to in subsection (1); or

(3) If the performance of any of a corporation’s functions referred to in subsection (1)(a) or (b) requires that the corporation hold a licence under the Water Services Act, the corporation may only perform that function in accordance with the terms and conditions of such a licence.

(4) A corporation may perform any of its functions in the State or elsewhere.

[(5), (6) deleted]

(7) In subsection (1) —

surplus water means storm water, surface water or underground water which accumulates or may accumulate to the detriment or disadvantage of any person;

wastewater has the meaning given in the Water Services Act section 3(1).

[Section 27 amended: No. 67 of 2003 Sch. 2 cl. 86; No. 25 of 2012 s. 126 and 190.]

[28A, 28. Deleted: No. 13 of 2023 s. 268.]

29. Powers of corporation

(1) A corporation may do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2) Without limiting subsection (1) or the other powers conferred on a corporation by this Act or any other Act, a corporation may for the purpose of performing any function —

(a) acquire, hold, manage, improve, develop and dispose of any real or personal property; and

(b) enter into any contract or arrangement including a contract or arrangement with any person for the performance by that person on behalf of the corporation of any of the functions described in section 27(1)(a), (b) and (c); and

(d) acquire, establish and operate —

(i) any undertaking necessary or convenient for the performance of any of the functions described in section 27(1)(a), (b) and (c); and

(ii) any associated undertaking;

and

(e) produce and deal in —

(i) any by‑product resulting from; or

(ii) any equipment, facilities or system associated with,

the performance of any function of the corporation; and

(f) appoint agents or engage persons under contracts for services to provide professional, technical or other assistance to the corporation; and

(g) participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and

(h) carry out any investigation, survey, exploration or boring; and

(i) collaborate in, carry out, or procure the carrying out of, research and publish information that results from the research; and

(j) for the purposes of section 27(1)(e), apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and

(k) promote and market the corporation and its activities.

(2A) Subsections (1) and (2) have effect subject to the GTE Act.

(3) A corporation may —

(a) make gifts for charitable purposes or for other purposes of benefit to the community or a section of the community;

(b) make any ex gratia payment that the board considers to be in the corporation’s interest;

(c) accept any gift, devise or bequest if it is absolute, or subject to conditions that are within the functions of the corporation.

(4) If the generality of any power conferred on a corporation by this Act is restricted by any provision of the Water Services Act, that restriction applies, despite this Act.

(5) In subsection (2) —

business arrangement means a company, a partnership, a trust, a joint venture, or an arrangement for sharing profits;

participate includes form, promote, establish, enter, manage, dissolve, wind up, and do anything incidental to participating in a business arrangement.

[Section 29 amended: No. 10 of 1998 s. 73(2); No. 25 of 2012 s. 128 and 190; No. 13 of 2023 s. 269.]

[30-34. Deleted: No. 13 of 2023 s. 270.]

35. Delegation by corporation

(1) A corporation may, by instrument in writing, delegate the performance of any of its functions, except this power of delegation.

(2) A delegation under subsection (1) may be made to —

(a) a director or directors; or

(ba) the chief executive officer; or

(b) a member or members of staff; or

(d) any other person.

(3) A delegate cannot subdelegate the performance of any function unless he or she is expressly authorised by the instrument of delegation to do so.

(4) A function performed by a delegate of a corporation is to be taken to be performed by the corporation.

(5) A delegate performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(6) Nothing in this section is to be read as limiting the ability of a corporation to act through its officers and agents in the normal course of business.

(7) This section does not apply to the execution of documents.

Note for this subsection:

Authority to execute documents on behalf of a corporation can be given under the GTE Act section 156.

[Section 35 amended: No. 25 of 2012 s. 132 and 190; No. 13 of 2023 s. 271.]

Division 2 — Arrangements authorised or approved by Governor

36. Governor may make certain regulations

(1) Regulations under section 91 may authorise or approve —

(a) any arrangement involving or relating to a corporation or any subsidiary of the corporation or the performance by a corporation of any of its functions; or

(b) any act or thing proposed to be done in the State by a corporation or any subsidiary of the corporation in the performance of its functions; or

(2) For the purposes of subsection (1) —

(a) arrangement includes any contract, arrangement or understanding, or any market practice or market or customer restriction, division, allocation or segregation of any nature, or a course of conduct or dealing; and

(b) a reference to any act or thing done or proposed to be done includes a reference to an omission or proposed omission to do that act or thing.

[Section 36 amended: No. 25 of 2012 s. 133.]

[Division 3 (s. 37-40) deleted: No. 13 of 2023 s. 272.]

[Parts 4 and 5 (s. 41-86) deleted: No. 13 of 2023 s. 273.]

Part 6 — Miscellaneous

87. Laying documents before Parliament not sitting

If a provision of this Act requires the Minister to cause a document to be laid before a House of Parliament and the House is not sitting, the GTE Act section 159 applies as if the reference in that section to a provision of the GTE Act were a reference to the provision of this Act.

[Section 87 inserted: No. 13 of 2023 s. 274.]

[88-89. Deleted: No. 13 of 2023 s. 274.]

90. Delegation by Treasurer

(1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, delegate to an officer of the Treasury the performance of any function vested in the Treasurer by this Act.

(2) A function performed by a delegate is to be taken to be performed by the Treasurer.

(3) A delegate performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

91. Regulations

(1) The Governor may make any regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) If there is any conflict or inconsistency between a provision made by regulations under this Act and a provision made by regulations or by‑laws under the Water Agencies (Powers) Act 1984, a relevant Act within the meaning of that Act or the Water Services Act, the latter provision prevails.

(3) Regulations under this Act may be expressed to prevail over regulations made under the GTE Act.

(4) Regulations in reliance on subsection (3) must not be made except on the recommendation of —

(a) the Minister; and

(b) the Minister to whom the administration of the GTE Act is committed.

(5) If and to the extent that regulations under this Act are so expressed, in the event of a conflict or inconsistency between a provision of those regulations and a provision of regulations made under the GTE Act, the former provision prevails.

[Section 91 amended: No. 67 of 2003 Sch. 2 cl. 87; No. 25 of 2012 s. 162; No. 13 of 2023 s. 275.]

92. Minister may vest certain land in Water Corporation and make orders in respect of certain reserves

(1) In this section —

former water authority means —

(a) a Minister of the State; or

(b) an agency, authority or instrumentality of the State; or

who or that, at any time before the commencement of section 4(1) of this Act, performed functions relating to the provision of water services;

order means an order made under subsection (2) or (3), as the case requires;

relevant official, in relation to an estate or interest in land, or a reserve, specified in an order, means —

(a) the Registrar of Titles; or

(b) the Registrar of Deeds and Transfers; or

according to which of them, if any, is responsible for registering or otherwise acting on dealings affecting the estate or interest or the reserve.

(2) The Minister may, by order published in the Gazette, direct that an estate or interest in land specified in the order be vested in the Water Corporation if —

(a) the estate or interest was previously vested in a former water authority or the State; and

(b) the estate or interest is, or is to be, used by the Water Corporation for the purposes of this Act or the Water Services Act.

(3) The Minister may, by order published in the Gazette, direct that the care, control and management of a reserve (as defined in the Land Administration Act 1997 section 3(1)) specified in the order is to be placed with the Water Corporation under the Land Administration Act 1997 section 46, if —

(a) the care, control and management of the reserve was previously placed with a former water authority under that section; and

(b) the reserve is, or is to be, used by the Water Corporation for the purposes of this Act or the Water Services Act.

(4) An order takes effect —

(a) at the beginning of the day after the day on which the order is published in the Gazette; or

(b) if a later day is specified in the order — at the beginning of that day.

(5) When an order takes effect —

(a) in the case of an order under subsection (2) — each estate or interest in land specified in the order vests in the Water Corporation by force of this paragraph; or

(b) in the case of an order under subsection (3) — the care, control and management of each reserve specified in the order is, by force of this paragraph, placed with the Water Corporation as if it were so placed under the Land Administration Act 1997 section 46.

(6) The Minister must give a copy of the order to each relevant official who must do all things necessary to show the effect of subsection (5)(a) or (b), as the case requires.

[Section 92 inserted: No. 25 of 2012 s. 163.]

93. Review of Act

(1) The Minister must carry out a review of the operation and effectiveness of this Act as soon as practicable after every fifth anniversary of the commencement of the Water Services Legislation Amendment and Repeal Act 2012 section 163, and in the course of that review the Minister must consider and have regard to —

(a) the adequacy of the penalties imposed under this Act; and

(b) any other matter that appears to the Minister to be relevant to the operation and effectiveness of this Act.

(2) The Minister must prepare a report based on the review carried out under subsection (1) and, as soon as practicable after the preparation of the report, cause it to be laid before each House of Parliament.

[Section 93 inserted: No. 25 of 2012 s. 163.]

94. Transitional provisions

Schedule 5 sets out transitional provisions.

[Section 94 inserted: No. 25 of 2012 s. 163.]

[Schedules 1-4 deleted: No. 13 of 2023 s. 276.]

Schedule 5 — Transitional provisions

[s. 94]

[Heading inserted: No. 25 of 2012 s. 189.]

Division 1 — Transitional provisions relating to Water Services Legislation Amendment and Repeal Act 2012

[Heading inserted: No. 25 of 2012 s. 189.]

Subdivision 1 — Preliminary

[Heading inserted: No. 25 of 2012 s. 189.]

Terms used

In this Division —

amended Act means this Act as amended by the Water Services Legislation Amendment and Repeal Act 2012 Part 7;

Bunbury Water Board means the Bunbury Water Board constituted under the repealed Act;

Busselton Water Board means the Busselton Water Board constituted under the repealed Act;

commencement day means the day on which the Water Services Legislation Amendment and Repeal Act 2012 section 110 comes into operation;

corporation means —

(a) the Bunbury Water Corporation; or

(b) the Busselton Water Corporation;

former Board means —

(a) the Bunbury Water Board; or

(b) the Busselton Water Board;

relevant corporation, in relation to a former Board, means the corporation that is a continuation of the former Board under clause 3 or 4;

repealed Act means the Water Boards Act 1904.

[Clause 1 inserted: No. 25 of 2012 s. 189.]

Application of Interpretation Act 1984

(1) If a provision of the amended Act deals with a matter dealt with by a provision of the repealed Act, then for the purposes of the provisions of the Interpretation Act 1984 about the repeal of enactments and the substitution of other enactments for those so repealed —

(a) the provision of the repealed Act is to be taken to have been repealed and re‑enacted by the amended Act; and

(b) a reference to the commencement of the repealing law is to be taken to be a reference to commencement day.

(2) Despite subclause (1), the Interpretation Act 1984 sections 36(d) (to the extent to which it applies to subsidiary legislation) and 38 do not apply to the repeal of the Water Boards Act 1904 by the Water Services Legislation Amendment and Repeal Act 2012 section 201.

(3) This Division does not limit the operation of the Interpretation Act 1984 except to the extent provided for by this clause.

(4) The provisions of this Division and of the regulations made for the purposes of this Division prevail over the provisions of the Interpretation Act 1984 to the extent of any inconsistency.

[Clause 2 inserted: No. 25 of 2012 s. 189.]

Subdivision 2 — Continuation of former Boards

[Heading inserted: No. 25 of 2012 s. 189.]

Bunbury Water Board continues

(1) The Bunbury Water Corporation is a continuation of, and is the same legal entity as, the Bunbury Water Board, and rights and liabilities of or in relation to the Bunbury Water Board continue as rights and liabilities of or in relation to the Bunbury Water Corporation.

(2) On commencement day, the name “Aqwest” becomes a trading name of the Bunbury Water Corporation, as if approved by the Minister under section 5A(3) of the amended Act.

[Clause 3 inserted: No. 25 of 2012 s. 189.]

Busselton Water Board continues

(1) The Busselton Water Corporation is a continuation of, and is the same legal entity as, the Busselton Water Board, and rights and liabilities of or in relation to the Busselton Water Board continue as rights and liabilities of or in relation to the Busselton Water Corporation.

(2) On commencement day, the name “Busselton Water” becomes a trading name of the Busselton Water Corporation, as if approved by the Minister under section 5A(3) of the amended Act.

[Clause 4 inserted: No. 25 of 2012 s. 189.]

Members of former Boards

(1) A person who, immediately before commencement day, was a member of a former Board becomes, on commencement day —

(a) a director of the board of the relevant corporation as if appointed by the Governor, on the nomination of the Minister, under section 7 of the amended Act; and

(b) if the person was, immediately before commencement day, the chairman of the former Board — the chairperson of the board of the relevant corporation as if appointed by the Governor, on the nomination of the Minister, under Schedule 1 clause 4 of the amended Act.

(2) A person to whom subclause (1) applies holds office, subject to the amended Act, until the expiration of the term of office, and on the same terms and conditions, that applied to the person immediately before commencement day.

[Clause 5 inserted: No. 25 of 2012 s. 189.]

Operating licences of former Boards

(1) An operating licence held by a former Board under the Water Services Licensing Act 1995 1 immediately before commencement day (the former licence) becomes, on commencement day, a licence under the Water Services Act as if granted under section 11 of that Act.

(2) The licence remains in force until the day on which the former licence would have expired.

(3) The licence authorises the provision of water supply services in the area of the State to which the former licence applied immediately before commencement day.

(4) For the purposes of the Water Services Act, the area of the State referred to in subclause (3) is the operating area of the licence for the provision of water supply services.

(5) The licence is subject to the same terms and conditions as those to which the former licence was subject immediately before commencement day, to the extent that those terms and conditions are not inconsistent with the Water Services Act.

(6) The licence has effect subject to the Water Services Act and so, for example, the licence may be cancelled or amended.

[Clause 6 inserted: No. 25 of 2012 s. 189.]

Supply of water to Water Corporation under Busselton Water Board (Supply of Water to Dunsborough) Act 2009

(1) This clause applies to a supply of water to the Water Corporation under the Busselton Water Board (Supply of Water to Dunsborough) Act 2009 (before the repeal of that Act) that is to continue on and after commencement day.

(2) The repeal of the Busselton Water Board (Supply of Water to Dunsborough) Act 2009 does not affect —

(a) the supply of water; or

(b) any agreement about the supply of water; or

(3) The supply of water becomes, on commencement day, a supply of water under the amended Act.

[Clause 7 inserted: No. 25 of 2012 s. 189.]

Subdivision 3 — Staff of former Boards

[Heading inserted: No. 25 of 2012 s. 189.]

Term used: PSM Act

(1) In this Subdivision —

PSM Act means the Public Sector Management Act 1994.

(2) If a term has a meaning given in the PSM Act, it has the same meaning in this Subdivision.

(3) In this Subdivision a reference to the PSM Act Part 6 includes the regulations referred to in section 94 of that Act.

[Clause 8 inserted: No. 25 of 2012 s. 189.]

Transition of employment

(1) A person who, immediately before commencement day, was an officer of a former Board under section 31 of the repealed Act becomes, on commencement day —

(a) if the person was the chief executive officer of the former Board — the chief executive officer of the relevant corporation as if appointed by the board of the corporation, with the concurrence of the Minister, under section 13 of the amended Act; or

(b) if paragraph (a) does not apply — a member of staff of the relevant corporation as if engaged by the board of the corporation under section 15 of the amended Act.

(2) Except as otherwise agreed by a person to whom subclause (1) applies, the person’s remuneration, existing, accruing or accrued rights, rights under a superannuation scheme or fund and continuity of service are not affected, prejudiced or interrupted by the operation of subclause (1) or the former Board ceasing to be an organisation under the PSM Act.

(3) For the purposes of this clause, a person’s service with a former Board is to be taken to have been with the relevant corporation.

(4) Except as provided by clause 11, the PSM Act Part 6 does not apply in relation to the transition of the employment of a person by this clause.

[Clause 9 inserted: No. 25 of 2012 s. 189.]

Election as to employment

(1) A person who becomes a member of staff of a corporation because of clause 9(1)(b) may, by written notice given to the corporation, elect to return to the Public Sector.

(2) A person cannot make an election if, immediately before commencement day, the person was —

(a) employed under a contract of employment that has a fixed term; or

(b) a casual employee or a seasonal employee.

(3) A person cannot make an election after the end of the period of 2 years after commencement day.

(4) A person may withdraw an election at any time by giving the corporation written notice to that effect.

(5) A person who makes an election and then withdraws it cannot make another election.

[Clause 10 inserted: No. 25 of 2012 s. 189.]

Application of PSM Act Part 6 to persons who make an election

(1) If a person makes an election under clause 10(1), the PSM Act Part 6 applies in respect of the person until —

(a) the person is employed for an indefinite period in a public sector body in accordance with that Part; or

(b) the person otherwise ceases to be a member of staff of the corporation; or

whichever occurs first.

(2) While the PSM Act Part 6 applies in respect of the person under subclause (1), it applies, with any necessary changes, as if —

(a) the person were an employee of an organisation whose office, post or position in the organisation has been abolished; and

(b) the office, post or position was at the same level of classification as the substantive office, post or position held by the person immediately before commencement day; and

(d) the person were registered under the Public Sector Management (Redeployment and Redundancy) Regulations 1994 Part 4.

[Clause 11 inserted: No. 25 of 2012 s. 189.]

Arrangements for return to Public Sector

(1) If a person makes an election under clause 10(1) or withdraws an election under clause 10(4), the corporation, as soon as practicable, must give the Public Sector Commissioner written notice of the election or the withdrawal, as the case requires.

(2) If a person makes an election under clause 10(1), the corporation and the Public Sector Commissioner must make the necessary arrangements to facilitate the operation of clause 11 in respect of the person.

(3) Subclause (4) applies if a person who makes an election under clause 10(1) is employed for an indefinite period in a public sector body in accordance with the PSM Act Part 6 as applied by clause 11.

(4) The corporation must comply with any requirements in the Treasurer’s instructions issued under the Financial Management Act 2006 section 78 relating to the making of payments by an employing authority for liabilities relating to employees whose employing authority changes as if —

(a) the corporation were an employing authority to which those instructions applied; and

(b) the person were an employee to whom those instructions applied.

(5) If a corporation incurs costs as a result of the operation of this clause or clause 10 or 11, the Treasurer may pay an amount to the corporation to reimburse the corporation for any or all of those costs.

[Clause 12 inserted: No. 25 of 2012 s. 189.]

Contracts for services

(1) A person engaged by a former Board under a contract for services that is in force immediately before commencement day becomes, on commencement day, a person engaged by the relevant corporation as if engaged under section 29(2)(f) of the amended Act.

(2) Except as otherwise agreed by the person engaged under the contract, the operation of subclause (1) does not affect the terms and conditions of the contract.

[Clause 13 inserted: No. 25 of 2012 s. 189.]

Subdivision 4 — Provisions as to accountability and financial provisions

[Heading inserted: No. 25 of 2012 s. 189.]

Strategic development plans

The first strategic development plan for a corporation under Part 4 Division 1 is to be in respect of a period starting on the day prescribed for the corporation for the purposes of this clause.

[Clause 14 inserted: No. 25 of 2012 s. 189.]

Statements of corporate intent

The first statement of corporate intent for a corporation under Part 4 Division 2 is to be in respect of the financial year prescribed for the corporation for the purposes of this clause.

[Clause 15 inserted: No. 25 of 2012 s. 189.]

Financial reporting

(1) The first financial year in respect of which the reporting requirements in Part 4 Division 3 apply to a corporation is to be the financial year prescribed for the corporation for the purposes of this clause.

(2) The Financial Management Act 2006 Part 5 Division 2 continues to apply to a corporation in respect of the financial years ending before the financial year prescribed for the corporation under subclause (1) as if the Water Services Legislation Amendment and Repeal Act 2012 section 212 had not been enacted.

[Clause 16 inserted: No. 25 of 2012 s. 189.]

Water funds

(1) In this clause —

bank has the meaning given in the Financial Management Act 2006 section 3.

(2) An account that, immediately before commencement day, was maintained by a former Board at a bank for the purposes of section 111 of the repealed Act becomes, on commencement day, an account for the relevant corporation under section 73(1)(b) of the amended Act as if established under that section with the approval of the Treasurer.

[Clause 17 inserted: No. 25 of 2012 s. 189.]

Payments to State under Part 5 Div. 2

(1) The first financial year in respect of which section 76 applies to a corporation is to be the financial year prescribed for the corporation for the purposes of this subclause.

(2) The first financial year in respect of which section 79 applies to a corporation is to be the financial year prescribed for the corporation for the purposes of this subclause.

[Clause 18 inserted: No. 25 of 2012 s. 189.]

Subdivision 5 — Miscellaneous

[Heading inserted: No. 25 of 2012 s. 189.]

References to former Boards

Unless the context otherwise requires, a reference in a written law or other document or instrument to a former Board includes a reference to the relevant corporation.

[Clause 19 inserted: No. 25 of 2012 s. 189.]

References to repealed Act

(1) Unless the context otherwise requires, a reference in a written law or other document or instrument to the repealed Act includes a reference to the amended Act.

(2) Unless the context otherwise requires, a reference in a written law or other document or instrument to a provision of the repealed Act (the old provision) includes, if there is a provision of the amended Act (the new provision) that deals with the matter dealt with by the old provision, a reference to the new provision.

[Clause 20 inserted: No. 25 of 2012 s. 189.]

Transitional regulations

(1) The regulations may —

(a) deal with all matters of a savings or transitional nature arising as a result of the enactment of the Water Services Legislation Amendment and Repeal Act 2012 Part 7 and of section 201; and

(b) clarify or vary the provisions of this Division; and

(c) amend or repeal subsidiary legislation consequentially on enactment of the Water Services Legislation Amendment and Repeal Act 2012 Part 7 and of section 201.

(2) Regulations made for the purposes of this clause may —

(a) be expressed to have effect despite another written law; and

(b) provide that a specified provision of a written law does not apply, or applies with specified modifications, to or in relation to a matter.

(3) The power in this clause to amend subsidiary legislation made under another Act does not prevent that legislation from being amended under that Act.

(4) If regulations made for the purposes of this clause provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than commencement day, the regulations have effect according to their terms.

(5) If regulations contain a provision referred to in subclause (4), the provision does not operate so as to —

(a) affect, in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or

(b) impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations.

(6) Regulations made for the purposes of this clause in relation to a matter referred to in subclause (2) must be made within such period as is reasonably and practicably necessary to deal with the transitional matters that arise as a result of the enactment of the Water Services Legislation Amendment and Repeal Act 2012 Part 7 and of section 201.

[Clause 21 inserted: No. 25 of 2012 s. 189.]

Relationship of provisions of this Division to transitional regulations

The provisions of the regulations made for the purposes of this Division prevail over the provisions of this Division to the extent of any inconsistency.

[Clause 22 inserted: No. 25 of 2012 s. 189.]

dline

Notes

This is a compilation of the Water Corporations Act 1995 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Water Corporation Act 1995 2	70 of 1995	27 Dec 1995	1 Jan 1996 (see s. 2 and Gazette 29 Dec 1995 p. 6291)
State Enterprises (Commonwealth Tax Equivalents) Act 1996 s. 10(4)	55 of 1996	11 Nov 1996	1 Jul 1996 (see s. 2 and 3(3))
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 73	10 of 1998	30 Apr 1998	30 Apr 1998 (see s. 2(1))
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 110	26 of 1999	29 Jun 1999	1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905)
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 70	43 of 2000	2 Nov 2000	17 Feb 2001 (see s. 2(1) and Gazette 16 Feb 2001 p. 903)
*Reprint of the Water Corporation Act 1995* as at 4 May 2001** (includes amendments listed above)
Corporations (Consequential Amendments) Act 2001 Pt. 54	10 of 2001	28 Jun 2001	15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth. Gazette 13 Jul 2001 No. S285)
Water Corporation (Act Amendment) Regulations 2002 published in Gazette 24 May 2002 p. 2605‑17			1 Jul 2002 (see r. 2)
Labour Relations Reform Act 2002 s. 27	20 of 2002	8 Jul 2002	15 Sep 2002 (see s. 2(1) and Gazette 6 Sep 2002 p. 4487)
Corporations (Consequential Amendments) Act (No. 3) 2003 Pt. 16 3	21 of 2003	23 Apr 2003	11 Mar 2002 (see s. 2 and Cwlth. Gazette 24 Oct 2001 No. GN42)
Acts Amendment (Equality of Status) Act 2003 Pt. 59	28 of 2003	22 May 2003	1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)
Sentencing Legislation Amendment and Repeal Act 2003 s. 103	50 of 2003	9 Jul 2003	15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 21 published in Gazette 15 Aug 2003 p. 3685‑92			15 Sep 2003 (see r. 2)
Economic Regulation Authority Act 2003 Sch. 2 Div. 17	67 of 2003	5 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723)
Statutes (Repeals and Minor Amendments) Act 2003 s. 127 4	74 of 2003	15 Dec 2003	15 Dec 2003 (see s. 2)
Reprint 2: The Water Corporation Act 1995 as at 2 Jul 2004 (includes amendments listed above)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 15 Div. 3	28 of 2006	26 Jun 2006	1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Financial Legislation Amendment and Repeal Act 2006 s. 4, 5(1), 14 and Sch. 1 cl. 177	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Water Resources Legislation Amendment Act 2007 Pt. 7 5	38 of 2007	21 Dec 2007	1 Feb 2008 (see s. 2(2) and Gazette 31 Jan 2008 p. 251)
Reprint 3: The Water Corporation Act 1995 as at 4 Jul 2008 (includes amendments listed above)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 132	8 of 2009	21 May 2009	22 May 2009 (see s. 2(b))
Standardisation of Formatting Act 2010 s. 4	19 of 2010	28 Jun 2010	11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Public Sector Reform Act 2010 s. 87	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Water Services Legislation Amendment and Repeal Act 2012 Pt. 7	25 of 2012	3 Sep 2012	18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028)
Reprint 4: The Water Corporations Act 1995 as at 7 Feb 2014 (includes amendments listed above)
Associations Incorporation Act 2015 s. 231	30 of 2015	2 Nov 2015	1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291-2)
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Pt. 3 Div. 6	46 of 2016	7 Dec 2016	8 Dec 2016 (see s. 2(b))
Government Trading Enterprises Act 2023 Pt. 12 Div. 9	13 of 2023	22 Jun 2023	1 Jul 2023 (see s. 2(b) and SL 2023/89 cl. 2)

Other notes

1 Now known as the Plumbers Licensing Act 1995.

2 Now known as the Water Corporations Act 1995; short title changed (see note under s. 1).

3 The Corporations (Consequential Amendments) Act (No. 3) 2003 s. 4 is a validation provision.

4 The amendment in the Statutes (Repeals and Minor Amendments) Act 2003 s. 127(5) is not included because the Schedule it sought to amend had been replaced in Gazette 24 May 2002 p. 2605‑17 before the amendment purported to come into operation.

5 The Water Resources Legislation Amendment Act 2007 Pt. 11 deals with certain transitional issues some of which may be relevant for this Act.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

amended Act Sch. 5 cl. 1

arrangement 36(2)

bank Sch. 5 cl. 17(1)

Bunbury Water Board Sch. 5 cl. 1

Bunbury Water Corporation 3(1)

business arrangement 29(5)

Busselton Water Board Sch. 5 cl. 1

Busselton Water Corporation 3(1)

commencement day Sch. 5 cl. 1

corporation 3(1), Sch. 5 cl. 1

former Board Sch. 5 cl. 1

former licence Sch. 5 cl. 6(1)

former water authority 92(1)

function 3(1)

GTE Act 3(1)

management 16(2)

members of staff 19(3), 24(4)

new provision Sch. 5 cl. 20(2)

old provision Sch. 5 cl. 20(2)

operating area 7(1)

order 92(1)

participate 29(5)

PSM Act Sch. 5 cl. 8(1)

regional water corporation 7(1)

relevant corporation Sch. 5 cl. 1

relevant official 92(1)

repealed Act Sch. 5 cl. 1

specified 7A(3)

surplus water 27(7)

wastewater 27(7)

Water Corporation 3(1)

water service 3(1)

Water Services Act 3(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Water Corporations Act 1995

Western Australia

Water Corporations Act 1995

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

3A. Relationship to GTE Act 3

Part 2 — Water corporations

Division 1 — Establishment of water corporations

Water corporations established 4

5A. Nature of corporations 4

Corporations not agents of Crown 5
Corporations and officers not part of public sector 5

7A. Dissolution of bodies established by Governor 5

Division 2 — Regional water corporation board members

Appointing board member: special provision for regional water corporations 7

Division 3 — Staff

Staff 7
Minimum standards for staff management 8
Reports to Public Sector Commissioner 9
Superannuation 10

Division 4 — Staff codes of conduct

Codes of conduct for staff 10
Reports to Public Sector Commissioner 11
Reports to Minister 12

Part 3 — Functions and powers of corporations

Division 1 — Functions, powers and related provisions

Functions of corporation 13
Powers of corporation 14
Delegation by corporation 16

Division 2 — Arrangements authorised or approved by Governor

Governor may make certain regulations 17

Part 6 — Miscellaneous

Laying documents before Parliament not sitting 19
Delegation by Treasurer 19
Regulations 19
Minister may vest certain land in Water Corporation and make orders in respect of certain reserves 20

The Act’s core legal concepts are corporate form, defined functions and commercial powers, separation from the Crown and public sector, oversight and accountability instruments, regulatory primacy relationships, and transitional continuity for pre‑existing water boards.

Corporate form and statutory identity: Each corporation is a body corporate with perpetual succession and distinct legal personality (s 5A(1)-(2)). The statute recognises trading names and authorises operations under those names with Ministerial approval (s 5A(3)). The Governor can create additional named corporations by Gazette order, subject to the Treasurer’s concurrence (s 4(4)-(5)), and may dissolve such Governor‑established bodies with detailed consequential powers (s 7A(1)-(2)).

Functions and powers: The Act defines a set of operational and commercial functions (s 27). These extend beyond traditional water supply and wastewater services to include consulting for profit, technology development and commercial exploitation (s 27(1)(d)-(f); s 27(2)(a)-(b)). Powers are broad and framed as “all things necessary or convenient” to perform the functions (s 29(1)), with an explicit non‑exhaustive list of powers including property management, contracting, participation in business arrangements, research, intellectual property management and promotion (s 29(2)(a)-(k)). The Act preserves the primacy of the Water Services Act’s licensing and restrictions where applicable (s 27(3); s 29(4)).

Separation from Crown and public sector: Corporations and officers are explicitly not agents of the Crown and do not possess Crown immunities (s 5). They are not public sector bodies under the Public Sector Management Act 1994, and their senior executives are not part of that Act’s Senior Executive Service (s 6(1)-(2)). Despite that separation, the board must consult the Public Sector Commissioner in preparing minimum staff management standards and codes of conduct, and the Commissioner retains reporting oversight (s 16; s 17; s 24; s 25).

Delegation, governance and reporting: Boards hold the staffing power and may delegate functions by written instrument (s 15(1); s 35). Delegations can be to directors, the chief executive officer, staff members, GTE Act committees or other persons, and a delegate’s actions are taken to be the corporation’s actions (s 35(2)-(6)). The Public Sector Commissioner can request half‑yearly reports on observance of minimum staff management standards and codes (s 17(1)(b); s 25(1)(b)). Boards must include a separate code‑observance report when delivering their annual report under the GTE Act (s 26(1)).

Regulatory and ministerial powers: Regulations under the Act may authorise or approve arrangements involving corporations, including contracts, understandings and market practices (s 36(1)-(2)). The Governor may make regulations to facilitate such authorisations (s 36(1)). The Minister may vest land or place reserves under the Water Corporation’s care, control and management where previously vested in former water authorities (s 92(2)-(3)). Regulations under this Act may be expressed to prevail over the GTE Act in specific circumstances, but such regulations require recommendations from the Minister and the Minister administering the GTE Act (s 91(3)-(5)).

Transition and continuity: Schedule 5 contains extensive transitional machinery for the conversion of former Bunbury and Busselton Water Boards into corporations, preservation of operating licences, staff transfer rules, elections to return to the public sector, and timing of the first strategic development plans, statements of corporate intent, financial reporting obligations and State payments (Sch 5 cl 3-18). Those transitional provisions also interact with the Interpretation Act (Sch 5 cl 2).

Intersections with other statutes: The Act deliberately cross‑references and is to be read together with the Government Trading Enterprises Act 2023 (s 3A), the Water Services Act 2012 (s 27(3); definition s 3(1)), the Public Sector Management Act 1994 (consultation and principles, s 16(3); s 24(2)), the Land Administration Act 1997 (vesting and reserve management under s 92(3)), and the Water Agencies (Powers) Act 1984 and other relevant Acts where regulatory conflicts may arise (s 91(2)). The Act preserves the licensing and regulatory constraints imposed by the Water Services Act (s 27(3); s 29(4)).

Incentive framing embedded in the text: The Act allows corporations to use assets and expertise commercially (s 27(1)(d)-(f); s 27(2)(a)), to enter business arrangements and participate in markets (s 29(2)(g); s 29(5)), and to make gifts and ex gratia payments where in the corporation’s perceived interest (s 29(3)(a)-(c)). Those provisions create incentives for revenue generation and asset utilisation while conditioning the exercise of such activities on not detracting from primary service‑delivery functions (s 27(2)(a)). The Act also creates oversight channels (Public Sector Commissioner reports and Ministerial reporting under GTE Act) that impose administrative costs and compliance obligations on boards (s 17; s 25; s 26).

Primary entities affected by the Act are the statutory corporations themselves (the Water Corporation, Bunbury Water Corporation and Busselton Water Corporation) and their boards, chief executive officers and staff (s 4; s 5A; s 15). The Act also affects:

Customers and consumers of water and wastewater services, because the Act defines corporate responsibilities for provision, marketing and disposal of water and wastewater (s 27(1)(a)-(b), (c)); licensing constraints under the Water Services Act condition how services must be provided (s 27(3)).
Suppliers, contractors and private third parties that enter contracts with the corporations, because corporations may enter into broad contracting and business arrangements, appoint agents and engage persons under contracts for services (s 29(2)(b); s 29(2)(f); Sch 5 cl 13(1) addressing contracts for services).
Local and State land administrators and interested land title stakeholders where the Minister vests land or places reserve care and control in the Water Corporation, because orders under s 92 require notification to the relevant official to record changes to title or reserve management (s 92(2)-(6)).
Public Sector Commissioner and Public Service entities, because the corporation boards must consult the Commissioner when preparing minimum staff management standards and codes of conduct and must respond to the Commissioner’s reporting requirements (s 16(1); s 17(1)-(3); s 24(1); s 25(1)-(3)). Staff who transferred from former Boards have rights under transitional provisions to elect return to the Public Sector with application of PSM Act Part 6 in certain circumstances (Sch 5 cl 9-12).
The Treasurer and Ministerial offices, because the Treasurer’s concurrence is needed for establishment and dissolution of Governor‑created bodies (s 4(5); s 7A(1)); the Minister has power to vest land and reserves in the Water Corporation (s 92); the Minister must cause reviews and lay reports before Parliament (s 93).
The regulator and licensing authority established under the Water Services Act 2012, because licences govern functions requiring a licence and may be cancelled or amended under that Act (s 27(3); Sch 5 cl 6).
Entities impacted by market arrangements, because the Governor may authorise or approve arrangements, including market or customer restrictions, under regulations (s 36(1)-(2)). This affects competitors, market participants and customers if authorised arrangements involve allocations, restrictions or market practices.
Former Bunbury and Busselton Water Boards’ creditors, counterparties and staff, because Schedule 5 provides legal continuity, preserves rights and liabilities, and sets out staff transition and contractual carry‑over mechanics (Sch 5 cl 3-13).

Costs and who pays: The Act assigns operational control to boards; therefore operational costs (staff salaries, infrastructure management, research) fall on the corporations, which may fund themselves through commercial revenues and, where appropriate, State payments under transitional provisions (Sch 5 cl 12(4)-(5) referencing Treasurer payments). The State retains residual administrative costs associated with vesting land and the conduct of statutory reviews (s 92; s 93). The Act authorises, but does not require, the corporations to make ex gratia payments or gifts (s 29(3)), so fiscal exposures from such decisions rest with boards unless constrained by other laws.

Decision‑making power and discretion: Boards decide staffing, remuneration, delegation and commercial activity (s 15; s 35; s 29). The Minister and Governor retain statutory levers to alter property interests (s 92) and, by regulation, to authorise or approve arrangements (s 36). The Public Sector Commissioner can mandate reports and recommend amendments to staff instruments (s 17(1); s 16(5)).

Effect on private business and competition: Corporations may enter into business arrangements, hold shares, and participate in markets (s 29(2)(g); s 29(5)). The regulatory authorisation power under s 36 can be used to authorise arrangements that would otherwise be constrained; the Act defines “arrangement” broadly (s 36(2)(a)). Corporations’ ability to exploit intellectual property and to market products (s 27(1)(e)-(f); s 29(2)(j)-(k)) affects private firms in adjacent markets by permitting State entities to compete commercially. However, the Water Services Act licensing regime and GTE Act overlay may limit or condition such competition (s 27(3); s 29(2A); s 91(2)-(5)).

Who decides: Boards make day‑to‑day and strategic decisions; the Minister, Treasurer and Governor retain statutory instruments and regulatory powers; the Public Sector Commissioner has a monitoring and consultative role over staff management standards and conduct codes (s 15; s 16; s 17; s 24; s 25; s 26; s 92; s 93).

This Act allocates concrete powers and duties to corporations, boards, the Public Sector Commissioner, the Minister and the Treasurer. Rights belong primarily to the corporations and their stakeholders as set out below, with statutory citations.

Boards and corporations , key duties and rights:

Duty to carry out the Act’s functions: Corporations must perform functions listed in s 27, including supply and treatment of water and wastewater, and may undertake related commercial activities (s 27(1)-(2)).
Right to exercise broad powers: Corporations may do all things necessary or convenient to perform their functions, including acquiring property, entering contracts, forming business arrangements and exploiting intellectual property (s 29(1)-(2), (j)).
Duty to comply with licensing conditions: Where a function requires a licence under the Water Services Act, the corporation may only perform that function in accordance with that licence (s 27(3)).
Duty to manage staff and set terms: Boards are empowered to engage, remunerate and discipline staff; but remuneration and employment conditions cannot be less favourable than applicable industrial instruments or the Minimum Conditions of Employment Act (s 15(1)-(3)).
Duty to prepare instruments and codes: Boards must prepare minimum staff management standards after consulting the Public Sector Commissioner (s 16(1)). Boards must prepare codes of conduct for staff to set minimum standards of conduct and integrity (s 24(1)).
Reporting obligations to Public Sector Commissioner and Minister: Boards must comply with written reporting requirements from the Public Sector Commissioner on observance of minimum standards and codes of conduct (s 17(1)-(2); s 25(1)-(2)). Boards must deliver a separate code‑observance report as part of their annual report to the Minister under the GTE Act (s 26(1)-(2)).

Public Sector Commissioner , duties and rights:

Right to require reports on observance of minimum standards and codes, up to half‑yearly (s 17(1)(b); s 25(1)(b)).
Right to make recommendations to the board about amendments to instruments (s 16(5)).
Duty to report to the Minister on matters relating to observance of standards and codes that should be brought to the Minister’s attention (s 17(3); s 25(3)).

Minister and Treasurer , duties and rights:

Minister can approve trading names (s 5A(3)) and must receive annual code‑observance reports (s 26(1)).
Minister may vest land and place reserves under the Water Corporation’s care and control by Gazette order (s 92(2)-(3)). The Minister must ensure relevant officials receive copies and take necessary registry actions (s 92(6)).
Treasurer must concur before the Governor establishes or dissolves Governor‑created bodies (s 4(5); s 7A(1)), and the Treasurer may delegate functions under the Act (s 90).
Minister must carry out reviews on the operation and effectiveness of the Act at least every five years after the specified commencement point and lay a report before each House of Parliament (s 93(1)-(2)).

Delegation and agency:

Boards may delegate functions by written instrument, except the power of delegation itself (s 35(1)). Delegation may be to directors, the CEO, staff, a GTE Act committee, or any other person (s 35(2)). Delegates’ actions are taken to be actions of the corporation (s 35(4)). Delegates cannot subdelegate unless expressly authorised (s 35(3)).

Transition rights and staff elections:

Staff of former Bunbury and Busselton Boards became staff of the relevant corporation with continuity of service, remuneration and superannuation protections unless the person agreed otherwise (Sch 5 cl 9(1)-(3)). Certain employees had a right to elect to return to the Public Sector within a two‑year window, with application of PSM Act Part 6 in specific ways (Sch 5 cl 10-11).

Limitations and primacy:

The Act preserves the operation of other laws: where the Water Services Act restricts the exercise of powers, that restriction applies despite this Act (s 29(4)). Regulations under the Water Agencies (Powers) Act 1984 or other relevant Acts prevail in case of conflict (s 91(2)). Regulations under this Act may be expressed to prevail over those under the GTE Act but only with Ministerial recommendations and subject to constraints (s 91(3)-(5)).

Administrative duties and reporting cadence:

The Public Sector Commissioner may require half‑yearly reporting on specified matters (s 17(1)(b); s 25(1)(b)). Boards must include specific code reports in their annual GTE Act reports (s 26(1)). The Act contemplates final reporting upon dissolution under s 7A(2)(h).

Rights to make gifts and ex gratia payments:

Corporations may make charitable gifts and ex gratia payments the board considers in the corporation’s interest, and may accept gifts subject to lawful conditions (s 29(3)(a)-(c)). The Act does not specify limits beyond internal governance and wider statutory constraints.

The Act, as provided in the text, does not specify a comprehensive scheme of criminal offences and civil penalties within its current visible provisions. The statutory enforcement and penalty architecture is therefore a combination of implied enforcement through other statutes and specific mechanisms reflected elsewhere.

Direct enforcement obligations and reporting: Enforcement in the text is primarily administrative rather than penal. The Public Sector Commissioner has power to require reports and to report to the Minister on observance of minimum staff management standards and codes (s 17(1)-(3); s 25(1)-(3)). Boards must comply with written requirements to report when directed by the Commissioner (s 17(2); s 25(2)). The statutory duty to prepare instruments and codes after consultation is mandatory (s 16(1); s 24(1)), and compliance is enforceable by the reporting and oversight mechanisms specified.

Regulatory enforcement through other statutes: The Act expressly defers to other regulatory regimes where they apply. For example, functions that require a licence under the Water Services Act may only be performed in accordance with licence terms (s 27(3)). Enforcement, penalties or sanctions for licence breaches therefore arise under the Water Services Act 2012 rather than under this Act. The Act also preserves the primacy of regulations and by‑laws under the Water Agencies (Powers) Act 1984 and the Water Services Act if there is an inconsistency (s 91(2)). That means many enforcement mechanisms relevant to water service delivery , e.g. licence conditions, consumer protections, prohibitions , will be administered under those Acts.

Ministerial and Governor orders: The Governor and Minister have order‑making powers that include consequential powers on dissolution (s 7A(2)) and vesting of land (s 92). Those orders can prescribe transfers of assets, liabilities and substitution of parties to proceedings (s 7A(2)(a)-(f)) and vest estates or care and control of reserves in the Water Corporation (s 92(2)-(5)). The Act does not expressly attach penalties to failure to comply with such orders; enforcement mechanisms would operate through the orders’ legal effect and applicable judicial remedies.

GTE Act interface: Several provisions operate subject to the Government Trading Enterprises Act 2023, and the GTE Act contains its own governance, reporting and, potentially, sanctioning measures (s 3A; s 29(2A); s 35 note referencing GTE Act s 156). The Act’s provisions for the laying of documents before Parliament also link to the GTE Act s 159 procedure when a House is not sitting (s 87).

Review of penalties: The Act requires that the Minister’s periodic statutory review consider the adequacy of penalties imposed under this Act (s 93(1)(a)), which indicates legislative recognition that the current penalty architecture should be periodically assessed. The review must result in a report laid before Parliament (s 93(2)).

Delegation and legal effect: Delegation instruments create legal agency and vest actions in the corporation (s 35(4)-(5)). A function performed by a delegate is taken to be performed by the corporation, and delegation cannot extend to delegating the power to delegate itself (s 35(1), (3)). This provides a legal basis for attributing acts and potential breaches to the corporation rather than to individuals, which has implications for enforcement and remedies in civil proceedings.

Transitional protections and liabilities: Schedule 5 preserves the rights and liabilities of former Boards as rights and liabilities of the successor corporations (Sch 5 cl 3(1); cl 4(1)). That continuity means creditors and litigants with existing claims against the former Boards maintain those claims against the corporations, and enforcement of pre‑existing liabilities carries over.

What is not in the Act: There are no stand‑alone punitive provisions (fines, imprisonment) specified in the visible sections of the Act text supplied. The Act therefore relies on the enforcement mechanisms of other statutes for licensing, market conduct and statutory obligations. The Act does, however, reserve that the adequacy of penalties in the Act should be subject to periodic review (s 93(1)(a)).

Practical enforcement risk allocation: In practice, enforcement that directly constrains service delivery, licensing, or market conduct will typically be exercised by agencies under the Water Services Act or other consumer protection and competition statutes. Administrative oversight by the Public Sector Commissioner and Ministerial reporting obligations create reputational and governance enforcement levers rather than direct penal sanctions in the Water Corporations Act itself.

The Act embeds multiple statutory cross‑references and operational limits that require reading it alongside other Western Australian laws. The text itself specifies several statutory interactions; these create a layered legal framework.

Government Trading Enterprises Act 2023 (GTE Act): The Act is to be read with the GTE Act as if they formed a single Act (s 3A). Several provisions are expressly subject to the GTE Act, for example the powers enumerated in s 29 have effect subject to the GTE Act (s 29(2A)). Delegation and execution of documents are to be read against the GTE Act’s provisions on authority and execution (s 35 note referencing GTE Act s 156 and s 87 referencing GTE Act s 159 on laying documents before Parliament). The Act requires consultation with and reporting under GTE Act mechanisms: annual reporting obligations are framed around the GTE Act’s s 81 (s 26(1)).

Water Services Act 2012 and licensing regime: The Act defines “water service” by reference to the Water Services Act (s 3(1)), and it expressly requires corporations to hold and operate within the terms of licences where functions require such licences (s 27(3)). The Water Services Act therefore contains substantive regulatory obligations, licensing conditions, and enforcement regimes that constrain exercise of functions permitted by this Act. The Act also acknowledges that where restrictions in the Water Services Act limit its general powers, those restrictions apply despite this Act (s 29(4)).

Public Sector Management Act 1994: The Act removes corporations and officers from being public sector bodies under the PSM Act (s 6(1)-(2)). Nonetheless, the Act requires consultation with the Public Sector Commissioner in formulating staff management standards and codes of conduct and instructs boards to have regard to PSM Act principles (s 16(1), (3); s 24(2)). The Public Sector Commissioner retains a supervisory reporting function and may recommend amendments to instruments (s 16(5); s 17(1)-(3); s 25(1)-(3)). Transitional provisions additionally reference PSM Act Part 6 in staff return elections (Sch 5 cl 8-12).

Land Administration Act 1997: Ministerial powers to vest estates or interests in land and to place reserves under the care, control and management of the Water Corporation are exercised under the Land Administration Act s 46 framework via orders published in the Gazette (s 92(2)-(3)). Orders take effect at specified times and require notification to relevant land registrars (s 92(4)-(6)). This interaction ensures land title changes and reserve management decisions operate within land administration processes.

Water Agencies (Powers) Act 1984 and other "relevant Acts": The Act recognises the primacy of regulations or by‑laws under the Water Agencies (Powers) Act and other relevant Acts where a conflict exists; such provisions prevail over regulations under this Act (s 91(2)). That means operational instruments under related water legislation can supersede inconsistent regulations under this Act.

Industrial relations and employment laws: Staff remuneration and conditions must not be less favourable than applicable awards, orders or agreements under the Industrial Relations Act 1979 or the Minimum Conditions of Employment Act 1993 (s 15(3)). The Act does not otherwise replicate industrial law, and Part VID of the Industrial Relations Act remains unaffected by s 15(4). Superannuation obligations intersect with State Superannuation law , the Act preserves operation of the State Superannuation Act 2000 in relation to corporations and staff (s 19(4)).

Interpretation Act 1984: Schedule 5 provides transitional directives including treating the amended Act as a re‑enactment for Interpretation Act purposes and limiting certain Interpretation Act provisions per sch 5 cl 2. Transitional regulations may prevail over provisions of Schedule 5 to the extent of inconsistency (Sch 5 cl 22).

Regulatory ordering and supremacy: Regulations under this Act can be expressed to prevail over GTE Act regulations, but only when recommended by both the Minister and the Minister responsible for the GTE Act (s 91(3)-(5)). Regulations under this Act may also authorise or approve arrangements including market practices (s 36), which can intersect with competition and consumer protection laws administered under other statutes.

Transitional and continuance provisions: Schedule 5 integrates the replacement of the Water Boards Act 1904 and the preservation of former Boards’ rights and liabilities; it synchronises operating licences by deeming them to have become licences under the Water Services Act (Sch 5 cl 6). Staff transition and the right to elect return to the Public Sector are regulated by Schedule 5 in reference to the PSM Act (Sch 5 cl 9-12).

Practical effect of interactions: The Act establishes corporate powers and governance, but the practical limits, duties and enforcement are often supplied by other statutes , most notably the Water Services Act licensing regime and the GTE Act governance overlay. Compliance and enforcement therefore require simultaneous attention to multiple statutory instruments.

The Act’s compilation table and embedded amendment notes set out discrete legislative changes and commencement dates up to and including the Government Trading Enterprises Act 2023. The text supplied includes the following recorded amendments and reprints (selected and cited to the compilation table and textual amendment notes):

Original enactment as Water Corporation Act 1995 (No. 70 of 1995), assent 27 December 1995, commenced 1 January 1996 (compilation table entry for 1995 Act).
Amendments through the late 1990s and early 2000s including:
- State Enterprises (Commonwealth Tax Equivalents) Act 1996 s 10(4) (commenced 1 July 1996).
- Corporations (Consequential Amendments) Act 2001 Pt 54 (assent 28 June 2001; commenced 15 July 2001).
- Labour Relations Reform Act 2002 s 27 (assent 8 July 2002; commenced 15 September 2002).
Various reprints occurred: reprints cited as at 4 May 2001, 2 July 2004 and 4 July 2008 (compilation table).
Economic and sectoral amendments:
- Economic Regulation Authority Act 2003 Sch 2 Div 17 (assent 5 December 2003; commenced 1 January 2004).
- Water Resources Legislation Amendment Act 2007 Pt 7 (assent 21 December 2007; commenced 1 February 2008).
Public sector and standardisation changes:
- Public Sector Reform Act 2010 s 87 (assent 1 October 2010; commenced 1 December 2010).
Significant structural change via Water Services Legislation Amendment and Repeal Act 2012 (No. 25 of 2012) , multiple insertions and deletions, including creation of Schedule 5 transitional provisions, amendment of headings, insertion of s 5A (Nature of corporations), s 7A (dissolution powers), s 16 (minimum standards), s 24 (codes of conduct), a review requirement (s 93), and other changes. The compilation table notes commencement of Pt 7 on 18 November 2013 and reprint as at 7 February 2014.
Executive remuneration and incorporation coordination:
- Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Pt 3 Div 6 (assent 7 December 2016; commenced 8 December 2016).
- Associations Incorporation Act 2015 s 231 (assent 2 November 2015; commenced 1 July 2016).
Recent structural overlay:
- Government Trading Enterprises Act 2023 Pt 12 Div 9 (No. 13 of 2023; assent 22 June 2023; commenced 1 July 2023). This prompted insertion of s 3A requiring the GTE Act to be read with this Act as a single Act and multiple amendments across the Act to align with the GTE Act (see various s. notes such as s 3 amended No. 13 of 2023 s. 258; s 3A inserted No. 13 of 2023 s. 259; numerous deletions and insertions in 2023).

Transitional arrangements in Sch 5 are explicitly linked to the Water Services Legislation Amendment and Repeal Act 2012 and set timing for the conversion of former boards and for the first strategic plans, statements of corporate intent and financial reporting obligations (Sch 5 cl 3-18).

The compilation table lists numerous Statutes (Repeals and Minor Amendments) Acts and machinery of government changes, which reflect consequential technical adjustments over time. The Act’s structure has been pruned and aligned with the GTE Act in 2023, with several sections and entire Parts deleted and replaced by the GTE framework (annotated deletions in the text: e.g. Parts 4 and 5 and Divisions deleted by No. 13 of 2023).

Note on sources: The amendment history recited here is taken from the compilation table and the textual marginal notes of the Act as supplied. Those notes identify which provisions were inserted, deleted or amended and which Acts implemented those changes; each inserted provision in the main text carries an amendment note (for example s 3A inserted: No. 13 of 2023 s. 259).

The Act text and compilation provided do not include case law or references to judicial decisions. The Act itself does not list any litigation history or judicial interpretations. There are no cases named in the statute text or its notes, and Schedule 5 and associated amendment notes do not report judicial rulings.

Implication for researchers and practitioners: Any judicial interpretation, challenge or administrative review arising from the operation of the Act, its delegated instruments, or its interaction with the Water Services Act, the GTE Act, the Public Sector Management Act, and other laws will need to be located in external case law databases, tribunal records, or published judgments. The Act’s text does not provide that material.

What the Act does provide that could generate litigation: Continuity of rights and liabilities from former water boards to successor corporations (Sch 5 cl 3-4) creates potential for disputes about contractual interpretation, asset ownership and liabilities. Ministerial orders vesting land or reserve management (s 92) and Governor orders dissolving Governor‑created bodies with consequential transfers (s 7A(2)) are specified to permit substitution of parties to proceedings and modification of agreements. Those provisions may spawn litigation about legal effect and property rights, but the Act itself contains no reported decisions.

Administrative review avenues and judicial remedies: Enforcement of regulatory licences, market conduct, consumer protections and other matters associated with water services will be governed by the Water Services Act and other regulatory statutes. Any enforcement action under those statutes, or judicial review of Ministerial/Governor orders under administrative law principles, would be decided in the courts and tribunals that have jurisdiction over such matters. Those records are external to the Act text.

Recommendation for due diligence: Practitioners seeking litigation precedent relevant to these statutory provisions should consult the decisions of Western Australian courts and tribunals, the State Administrative Tribunal where applicable, and published judgments dealing with the Water Services Act, GTE Act and land administration orders, because those sources will contain operational interpretations and enforcement outcomes not reproduced in the Act’s text.

The Act contains several operational and legal mechanics that may produce surprises if overlooked. Below are specific “gotchas” grounded in the Act’s wording and schedules.

Separation from the public sector is partial and supervised

Corporations are expressly not public sector bodies under the Public Sector Management Act 1994 and their senior executives are excluded from the SES (s 6(1)-(2)). However, boards must prepare minimum staff management standards and codes of conduct after consultation with the Public Sector Commissioner and must respond to half‑yearly reporting requirements if specified (s 16(1); s 24(1); s 17(1)(b); s 25(1)(b)). The corporation’s operational independence therefore coexists with statutory supervisory inputs from the Public Sector Commissioner, creating a hybrid accountability relationship.

Broad powers subject to licensing constraints

The Act grants broad commercial and property powers (s 29(1)-(2)), including entering business arrangements and participating in markets (s 29(2)(g); s 29(5)). Yet any function requiring a licence under the Water Services Act can only be performed consistent with licence terms (s 27(3)), so commercial activities that intersect licensed activities may be constrained by licence conditions and Water Services Act enforcement.

Regulations may authorise arrangements that look like market allocation

Section 36 permits regulations to authorise or approve “arrangements” involving market practice or customer restrictions, defined broadly (s 36(1)-(2)). The statutory definition of “arrangement” includes market or customer restriction, division, allocation or segregation (s 36(2)(a)). That creates a regulatory mechanism to authorise arrangements that might otherwise contravene competition norms. Practitioners must track any regulations made under s 36 and their interaction with competition and consumer protection laws.

Delegation mechanics and execution of documents are discrete

Boards can delegate functions in writing to a range of persons (s 35(1)-(2)), and a delegate’s actions are taken as the corporation’s actions (s 35(4)). However, the section excludes the power of delegation itself and expressly provides that it does not apply to the execution of documents, which falls under the GTE Act authority provisions (s 35(1); note referencing GTE Act s 156). Failure to align delegation instruments and execution authority with the GTE Act could invalidate executed documents or raise agency issues.

Ministerial land vesting and registries require procedural follow‑through

The Minister’s Gazette order vests estates or places reserve management with the Water Corporation and requires notice to the relevant official to register the effect (s 92(2)-(6)). Practically, the order’s legal effect vests the land (s 92(5)), but registries must be updated; failure to lodge necessary instruments with registrars could create title discrepancy risks.

Transitional staff election timing and limits

Staff who transferred from former Bunbury or Busselton Boards may elect to return to the Public Sector, but only within a two‑year period from commencement day and subject to exclusion for fixed‑term, casual or seasonal employees (Sch 5 cl 10(2)-(3)). Practitioners must track this window and the procedural requirements for notice and facilitation by the corporation and Public Sector Commissioner (Sch 5 cl 10-12).

Regulations may be expressed to prevail over the GTE Act only with ministerial recommendations

Regulations under this Act can be made to prevail over GTE Act regulations, but such regulations must be recommended by both the Minister and the Minister administering the GTE Act (s 91(3)-(5)). This adds a coordination requirement and potential political negotiation to change regulatory primacy.

No internal penalty scheme visible in the Act text

The Act does not include standalone punitive penalties for breaches of its administrative provisions, and explicitly requires periodic review of the adequacy of penalties (s 93(1)(a)). This means expectations for enforcement will often be satisfied through other statutes. Practitioners looking for explicit fines or criminal sanctions in the Water Corporations Act should be aware they must look to other instruments.

Continuity of liabilities from former Boards can carry legacy exposures

Schedule 5 deems the corporations continuations of former Boards and carries over rights and liabilities (Sch 5 cl 3-4). Corporations therefore inherit contractual obligations and potential claims, including contingent liabilities, unless specifically addressed by transitional orders or regulations.

Broad definition of “function” affects interpretation

The Act defines “function” expansively to include powers, duties and authorities (s 3(1)). This broad definition affects statutory construction: where the Act assigns a function, it can be interpreted to include a range of legal capacities unless an exception is specified (see exceptions for certain sections noted in s 3(1) parenthetical).

Governor orders with wide consequential powers

The Governor’s dissolution order for Governor‑established bodies can deal with a wide range of consequential matters, including substituting parties to proceedings, assigning assets and discharging liabilities, and exempting items from State tax (s 7A(2)(a)-(j)). Such orders have broad legal effect and can override expectations of contractual counterparts, within the limits stated.

Reporting cadence can generate administrative load

The Public Sector Commissioner can require reports not more often than half‑yearly (s 17(1)(b); s 25(1)(b)). While that cap offers a floor on frequency, boards must maintain systems to prepare reports and to engage with the Commissioner and Minister as required, creating ongoing compliance workloads.

Compliance under the Act requires operational, governance and reporting steps. Below is a practical checklist with statutory references to help boards, CEOs, legal teams and compliance officers align activities with the Act.

Corporate identity and trading names

Ensure corporate status and trading names are legally approved as required: any trading name must be approved by the Minister (s 5A(3)). If operating under historic trading names arising from Schedule 5 transitional provisions (e.g. “Aqwest” for Bunbury), ensure Ministerial approval is recorded or treated as effective under Sch 5 cl 3(2).

Functions and licensing

Map all activities to the functions listed in s 27. For any function that requires a licence under the Water Services Act, confirm that an appropriate licence is held and that operations conform to licence terms (s 27(3)). Maintain a licence register and monitoring process to identify when Water Services Act compliance obligations apply and when changes to licences require amendment.

Board delegations and execution

Document written delegations for executive and staff functions in accordance with s 35(1)-(3). Ensure instruments identify whether sub‑delegation is permitted and maintain a delegation schedule showing who may exercise powers. For execution of documents, consult GTE Act execution provisions and ensure signatories and authority are consistent with GTE Act s 156 and the corporation’s internal delegation instruments (s 35 note).

Staff management instruments and codes of conduct

Prepare minimum standards for staff management and codes of conduct after consultation with the Public Sector Commissioner (s 16(1); s 24(1)). Those instruments must address recruitment, selection, appointment, secondment, performance management, redeployment, discipline and termination (s 16(2)). Ensure the instruments have regard to PSM Act principles where required (s 16(3); s 24(2)). Maintain evidence of consultation and board approval processes; keep versions searchable and dated for audit.

Reporting to the Public Sector Commissioner and Minister

Be prepared to comply with written reporting requirements from the Public Sector Commissioner on observance of the minimum standards and codes not more often than half‑yearly (s 17(1)(b); s 25(1)(b)). Include a separate report on the observance of staff codes of conduct in the corporation’s annual report submitted to the Minister under the GTE Act (s 26(1)-(2)). Maintain compliance logs, investigations registers and corrective action records to support reporting.

Remuneration and industrial compliance

Ensure staff remuneration and employment terms are at least as favourable as those specified in applicable awards, orders or agreements under the Industrial Relations Act 1979 or the Minimum Conditions of Employment Act 1993 (s 15(3)). Maintain payroll and HR systems capable of demonstrating compliance with industrial instruments.

Superannuation and benefits

When providing retirement benefits or contributing to funds, ensure compliance with the State Superannuation Act 2000 and any other relevant superannuation regulation (s 19(1)-(4)). Document contributions and any arrangements with external fund managers.

Land and property transfers

If operating on land subject to Ministerial vesting orders under s 92, ensure registry actions are completed with the relevant official (Registrar of Titles, Registrar of Deeds and Transfers, or other authorised registrar) as required by s 92(6). Retain copies of Gazette notices and communications with registries to demonstrate legal effect and chain of title.

Contracts, business arrangements and intellectual property

When entering contracts or participating in business arrangements, ensure contractual terms do not conflict with licence conditions or obligations under the Water Services Act (s 29(4)). For IP exploitation, register and manage patents, copyright and similar rights in accordance with s 29(2)(j); maintain an IP register and licensing agreements with clear revenue accounting.

Gifts and ex gratia payments

Adopt internal approvals and documentation for gifts and ex gratia payments authorised under s 29(3)(a)-(c). Boards should set monetary thresholds and approval tiers and ensure minutes record rationale that the payment is in the corporation’s interest.

Delegations to contractors and agents

When appointing agents or engaging persons under contracts for services, document scope, indemnities and performance obligations to ensure that actions are traceable to the corporation and to prevent inadvertent delegation beyond authorised functions (s 29(2)(f); s 35(2)(f)).

Transitional staff elections and entitlements

For Corporations that were successors to former Boards, maintain records of staff transition status, including any elections to return to the Public Sector under Schedule 5 cl 10. Ensure notice procedures are complied with and liaise with the Public Sector Commissioner to facilitate returns in accordance with Sch 5 cl 11-12.

Regulatory monitoring and s 36 arrangements

Monitor State regulations under s 36 and regulations that may authorise or approve arrangements involving corporations, including arrangements specifying market practices. Seek legal advice where proposed regulations could affect competitive arrangements or intersect with competition law.

Ensure compliance with GTE Act overlay

Because multiple provisions operate subject to the GTE Act or require combined reading (s 3A; s 29(2A); s 35 note), integrate GTE Act governance and reporting requirements into corporate compliance frameworks. Maintain a cross‑statute compliance matrix.

Review obligations

Assist the Minister’s periodic statutory reviews by collecting data and performance information relevant to the operation and effectiveness of the Act, including evidence on penalties and compliance outcomes as s 93 requires the Minister to consider the adequacy of penalties (s 93(1)). Maintain a standing file of materials suitable for review submissions.

Record keeping for dissolution or vesting events

If the Governor or Minister makes orders under s 7A or s 92, maintain full documentation of assets, liabilities, agreements, registry actions and outstanding reports required under GTE Act Part 7 Division 1 (s 7A(2)(h)). Prepare final reports as required and ensure continuity arrangements are recorded.

Legal due diligence and external counsel

Before entering novel commercial activities, particularly those that might be regulated or affect competition, obtain legal advice referencing the Water Services Act, GTE Act, competition and consumer law, and any relevant regulations under s 36 or s 91. Ensure contracts and governance instruments are drafted to reflect the delegation rules and the corporation’s statutory powers.

By following the checklist above and aligning corporate governance documentation with the cited statutory provisions (noted in parentheses in the checklist), corporations and their advisers will be positioning operations within the legal framework established by the Water Corporations Act 1995 and its current statutory context.

Deep Dive

What it does

Current sections