This Act sets rules for administering water services: it creates evidentiary presumptions, designates inspectors and compliance officers, allows the Minister and CEO to delegate powers, permits controlled information‑sharing, and authorises regulations, infringement notices and penalties. It also fixes who may be liable for damage and when responsible persons must repair or pay compensation.
Those who pay or decide include the Minister, CEO, the Authority, licensees and courts; affected parties must take preventive measures, comply with inspectors and confidentiality rules, and face fines, infringement notices or prosecution for breaches.
The Water Services Act 2012 (WA) establishes the regulatory framework for water service providers in Western Australia. It requires providers to hold licences, sets the conditions under which those licences are granted and maintained, and gives the Economic Regulation Authority (the Authority) and the Minister powers to enforce compliance. The Act also regulates the physical infrastructure through which water services are delivered, including how works may be constructed on and across private and Crown land.
The Act applies to providers of drinking water, non-drinking water, sewerage, drainage, and irrigation services (section 8). It covers both commercial licensees and, by extension, statutory providers such as the Water Corporation (section 6). It replaces legislation repealed by the Water Services Legislation Amendment and Repeal Act 2012, with Schedule 1 transitional provisions preserving existing licences and approvals.
Main concepts
Licensed water service. Under section 5, a person must not provide a water service unless they hold a licence or are exempt. The Authority classifies water services (section 8) by type and operating area (section 9). A licence defines the services the holder may provide, the geographic area, and the conditions under which services are delivered (section 12).
Statutory providers and exemptions. Statutory providers operating under existing water legislation are treated as licensees (section 6). The Minister may also grant exemptions for operators who do not require full licensing, for example because they are small-scale or serve a limited area (section 7).
Current sections
Direct links to the current provisions in Water Services Act 2012.
27
Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Crown bound 8
Part 2
Licensing of water service providers
Part 2 — Licensing of water service providers
Div 1
Licensing requirement
Division 1 — Licensing requirement
Requirement for licences 9
Licensing extends to statutory providers 9
Minister may grant exemptions 9
Div 2
Licences
Division 2 — Licences
Classification of water services 10
Operating areas 11
Application for licence 11
Grant of licence 12
Conditions of licence 12
Renewal of licence 15
Duration of licence 16
Transfer of licence 16
Person who has provided water services becoming licensee 17
Amendment of licence — on initiative of Authority 18
Amendment or cancellation of licence — on application of licensee 18
Effect of water resource management plans 19
Other laws not affected 19
Div 3
Duties of licensees — statutory licence conditions
Division 3 — Duties of licensees — statutory licence conditions
Duty to provide services and do works 19
Provision of water services outside operating areas 20
Works holding arrangements 21
Asset management system 22
Operational audit 23
Compliance with codes of practice made by Minister 23
Compliance with code of conduct made by Authority 25
Code of conduct — consultative committee 26
Licensee must comply with duties under Act 26
Prescribed conditions of licence 27
Div 4
Failure to comply with licence — enforcement
Division 4 — Failure to comply with licence — enforcement
Failure to comply with licence 27
Right of licensee to make submissions 28
Exception — dangerous situations 28
Div 5
Ending of licence and cessation of water services
Division 5 — Ending of licence and cessation of water services
Cancellation of licence for serious default 29
Provision of a water service ceasing — regulations may deal with consequences 31
Provision of a water service ceasing — duty to leave system in safe condition 31
Div 6
Water service works and other assets
Division 6 — Water service works and other assets
Licensee operating with works holding body 32
Regulations may deal with transfer of assets on land not held by asset holder 33
Div 7
Inspectors
Division 7 — Inspectors
Terms used 34
Entry for inspection purposes 35
General powers for inspection purposes 35
Power to prohibit use etc. 36
Offences 37
Div 8
Review of decisions
Division 8 — Review of decisions
Review of certain decisions 38
Div 9
General licensing provisions
Division 9 — General licensing provisions
Applications — additional information 40
Matters relevant to determination of public interest 40
Notice of and publication of certain decisions 40
Licences to be available for inspection 41
Regulations about public consultation 41
Part 3
Last resort supply arrangements
Part 3 — Last resort supply arrangements
Terms used 42
Designated areas 42
Authority to ensure supply plan in place for designated areas 42
Requirements for supply plans 43
How supply plan brought into operation 43
Appointment of supplier of last resort 44
Functions of supplier of last resort 45
Approval or determination of supply plan 45
Amendment of supply plan 46
Supplier of last resort to be treated as licensee 46
Duty to perform functions of supplier of last resort 46
Liability and recovery of costs of supplier of last resort 47
Regulations about last resort supply arrangements 48
Part 4
Water services ombudsman scheme
Part 4 — Water services ombudsman scheme
Terms used 50
Regulations about water services ombudsman scheme 50
Division 2 — Approval of water services ombudsman scheme
Authority may approve scheme 50
Requirements for scheme or amendment to be approved 51
Revocation of approval 53
Division 3 — Scheme operation
Customers etc. may have decision or complaint reviewed 53
Jurisdiction of courts and tribunals 54
Division 4 — Membership of approved scheme
Membership of approved scheme 54
Part 5
Water services
Part 5 — Water services
Division 1 — Terms used
Terms used 55
Division 2 — Provision of water services generally
Application of this Division in relation to certain agreements 58
Statutory entitlement to provision of water services 58
Terms and conditions of provision of water services 59
Agreements about provision of water services 60
Aspects of certain agreements binding on successors 61
Interruption of water services generally 63
Meters 63
Accuracy and testing of meters 64
Division 3 — Development and building control, and infrastructure contributions
Terms used 64
Application of this Division 65
Notification of and requirements as to building work 65
Satisfying requirements for additional water services 66
Ensuring water service works are done 69
Infrastructure contributions 70
Property in certain works 71
Review of certain decisions under or relating to this Division 71
Division 4 — Protection of works, fittings and fixtures
Interfering with water service works of licensee 73
Taking water without or contrary to approval 74
Construction etc. over or in vicinity of water service works of licensee 75
Requirement to use etc. approved fittings, fixtures and pipes 77
Requirement to maintain etc. fittings, fixtures and pipes 78
Division 5 — Water supply services
Approval required before connecting to water supply 80
No connection of additional water supply without approval 81
Disconnection or reduction in rate of flow etc. 81
Fire hydrants 83
Taking water from fire hydrants 84
Division 6 — Sewerage services
Subdiv 1
Sewer connections
Subdivision 1 — Sewer connections
Minister may require connection to sewerage works 84
Approval required before connecting to sewer 86
Common sewer connections 86
Subdiv 2
Discharge of trade waste
Subdivision 2 — Discharge of trade waste
Terms used 87
Discharge of trade waste without or contrary to licensee’s approval 87
Approval of licensee 88
Discharge of trade waste not in accordance with approval 89
Failure to maintain fittings, fixtures and pipes 90
Compliance notices 90
Regulations relating to discharge of trade waste 91
Division 7 — Drainage services
Term used: drainage assets 92
Controlled drainage assets 92
Minister may require connection to drainage works 94
Approval required before connecting to drainage works 95
Requirement to maintain or modify drainage assets, etc. 96
Relationship of this Division to certain other Acts 97
Division 8 — Enforcement
Subdivision 1 — Entry for compliance purposes
Term used: compliance purposes 98
Entry for compliance purposes 98
General powers for compliance purposes 98
Offences 100
Subdivision 2 — Compliance notices
Application of Subdivision 100
Compliance notices 100
Giving compliance notices 101
Licensee or Minister may remedy failure to comply 102
Review of decisions relating to giving compliance notices 104
Division 9 — Fees and charges for water services
Licensees may impose fees and charges for water services 105
Regulations may provide for water service charges 106
Supplying groups of dwellings 109
Water service charges payable despite change in ownership of land or liability to prosecution 110
Order for payment of water service charges 110
Div 10
General provisions
Division 10 — General provisions
Prohibition on dealings in land 111
Reading meters etc. and routine inspection and maintenance 113
Dangerous situations 114
Approval of licensee subject to conditions 115
Part 6
Powers in relation to water service works
Part 6 — Powers in relation to water service works
Terms used 116
Major works 116
General works 117
Exempt works 118
Division 2 — Provision of water service works
Powers in respect of water service works 118
Exemption of water service works from certain planning laws 119
Surveys and testing work 119
Ancillary works powers 120
Entry for provision of works etc. 121
Special provisions applicable to road works 122
Division 3 — Major works, requirements for public notification and Ministerial authorisation
Prerequisites to provision of major works 123
Licensee to prepare plans and publish and give notice of major works 123
Objections and submissions 124
Licensee may amend proposal 125
Submission of proposal to Minister 125
Powers of Minister in respect of proposal 126
Certain objectors and submitters to be notified of authorisation 127
Certain alterations, extensions and additions to major works 127
Division 4 — General works, requirements for public notification and, in certain cases, for Ministerial authorisation
Prerequisites to provision of general works 128
Licensee to prepare plans and give notice of general works 129
Objections and submissions 130
Licensee may amend proposal 130
Submission of proposal to Minister 131
Powers of Minister in respect of proposal 131
Division 5 — Exempt works
No prerequisites under this Part 132
Division 6 — Deviation and modification
Term used: water service works 132
Plans may indicate possible deviation from line of works 132
General power to deviate by up to 20 m 132
Modification by agreement with owner and occupier 133
When Minister may authorise deviation or modification 133
Division 7 — Property in water service works
Property in water service works and things placed on land 134
Powers of licensee in respect of water service works that are part of land 135
Part 7
Powers in relation to interests in land
Part 7 — Powers in relation to interests in land
Terms used 136
Power of public authority to grant certain interests 136
Taking of interest in land for purposes of licensee 136
Vesting of interest 137
Easements in gross 138
Subdivision of land — planning approval 138
Sale of land 138
Part 8
Entry for performance of functions
Part 8 — Entry for performance of functions
Terms used 139
Application of this Part 140
Division 2 — Entry for performance of functions
Entry with consent or under notice or warrant 141
Notice of entry 142
Rights of occupier of dwelling 143
When authorised person must leave etc. 144
Power to enter includes power to enter other places 145
Entry with vehicles and equipment 145
Assistance to exercise powers 146
Use of force 146
Actions of authorised persons and others 146
Injunction in support of power of entry 147
Complaints about exercise of powers 147
Division 3 — Warrants to enter
Term used: remote communication 148
Application for warrant 148
Contents of application 148
How application to be made 149
Issue of warrant 150
Contents of warrant 151
Execution of warrant 151
Part 9
Legal proceedings
Part 9 — Legal proceedings
Division 1 — Legal proceedings
Prosecutions — who may commence 153
Time for bringing prosecutions 153
Continuing offences — daily penalties 154
Injunctions to ensure compliance with this Act 154
Court’s power to make ancillary orders on conviction 156
Division 2 — Liability of certain persons
Liability of officers for offence by body corporate 157
Liability of principal for acts of agent 158
Liability of employer for offences of employee 158
Conduct on behalf of bodies corporate and principals 159
Division 3 — Evidentiary provisions
Evidence of certain things relating to contraventions 161
Evidence of authorisation and enforcement matters 161
Evidence of scientific matters 162
Documentary and signed evidence 163
Evidence of ownership or occupancy 165
Evidence of documents and service 166
Provisions are in addition to Evidence Act 1906 166
Part 10
Administration
Part 10 — Administration
Division 1 — The Economic Regulation Authority
Functions of Authority 167
Authority’s capacity to authorise or designate persons 167
Division 2 — Inspectors and compliance officers
Terms used 168
Designation of inspectors and compliance officers 168
Limitations on scope of authority of inspectors and compliance officers 169
Division 3 — General matters
Delegation by Minister 170
Delegation by CEO 171
Information sharing 172
Confidentiality of information 174
Part 11
Miscellaneous
Part 11 — Miscellaneous
Relationship of this Act to Rights in Water and Irrigation Act 1914 and Health (Miscellaneous Provisions) Act 1911 176
Licences not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 176
Liability of certain persons for damage caused in exercise of powers 176
Immunity from liability for certain official actions 177
Limitation of liability for certain actions 178
Infringement notices and the Criminal Procedure Act 2004 180
Regulations 181
Notes in the text 185
Review of Act 185
Transitional provisions 186
Schedule 1 — Transitional provisions
Division 1 — Transitional provisions for the commencement of this Act
Subdivision 1 — Preliminary
Terms used 187
New provisions that correspond to old provisions 187
Relationship of this Division to Water Corporations Act 1995 Schedule 5 Division 1 187
Subdivision 2 — Application of Interpretation Act 1984
Application of Interpretation Act 1984 188
Subdiv 3
General provisions
Subdivision 3 — General provisions
Continuing effect of licences, exemptions, directions, determinations, notices etc. 188
Completion of things commenced before commencement day 189
Continuing effect of things done before commencement day 189
References to repealed Acts and old provisions 189
Relationship of this Subdivision to other transitional provisions 189
Subdiv 4
Specific provisions
Subdivision 4 — Specific provisions
Licences and exemptions 190
Initial code of conduct under section 27 190
Initial water services ombudsman scheme 190
Water service works of licensees 191
Drainage works of the Water Corporation 192
Relationship of this Subdivision to transitional regulations 193
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Water Services Act 2012
Western Australia
Water Services Act 2012
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Crown bound 8
Part 2 — Licensing of water service providers
Division 1 — Licensing requirement
Requirement for licences 9
Licensing extends to statutory providers 9
Minister may grant exemptions 9
Division 2 — Licences
Classification of water services 10
Operating areas 11
Application for licence 11
Grant of licence 12
Conditions of licence 12
Renewal of licence 15
Duration of licence 16
Transfer of licence 16
Person who has provided water services becoming licensee 17
Amendment of licence — on initiative of Authority 18
Amendment or cancellation of licence — on application of licensee 18
Effect of water resource management plans 19
Other laws not affected 19
Division 3 — Duties of licensees — statutory licence conditions
Duty to provide services and do works 19
Provision of water services outside operating areas 20
Works holding arrangements 21
Asset management system 22
Operational audit 23
Compliance with codes of practice made by Minister 23
Compliance with code of conduct made by Authority 25
Code of conduct — consultative committee 26
Licensee must comply with duties under Act 26
Codes of practice and codes of conduct. The Minister may make codes of practice covering service standards, maintenance, and customer obligations (section 26). The Authority may make a code of conduct covering customer service practices (section 27). Compliance with both is a statutory licence condition (sections 26 and 27).
Last resort supply. Part 3 establishes a safety net when a licensed supplier fails. The Authority must designate areas where supply must be maintained (section 51) and ensure a supply plan exists for each (section 52). If a licensee ceases to operate, the Authority may appoint a supplier of last resort (section 55), who steps into the original licensee's obligations (section 59). Costs incurred can be recovered from the failing licensee (section 61).
Water services ombudsman. Under Part 4, the Authority may approve a water services ombudsman scheme (section 65). Licensed providers must be members (section 70). Customers may have decisions reviewed through the scheme (section 68) and scheme membership forms part of licence conditions.
Works powers. Part 6 divides infrastructure works into three categories: major works requiring ministerial authorisation after public consultation (Division 3), general works requiring notice and limited consultation (Division 4), and exempt works requiring no prior authorisation (Division 5). The distinction turns on the scale and impact of the proposed works (section 132).
Who it affects
The Act directly affects:
Licensed water service providers across Western Australia, including the Water Corporation, Aqwest, Busselton Water, and private operators. They must hold licences, comply with conditions, and maintain supply obligations.
Customers of water services, who benefit from the ombudsman scheme, service standards, and last resort supply protections.
Landowners and occupiers, whose land may be subject to entry, works, or compulsory acquisition for water infrastructure under Parts 6-8.
Local governments, who are notified before major and general works affecting their areas.
The Economic Regulation Authority, which grants and enforces licences and approves the ombudsman scheme.
The Minister for Water, who authorises major works, appoints suppliers of last resort, and oversees codes of practice.
Key obligations
Licensees must:
Provide services within their operating area on request and maintain works in a safe and operable condition (section 21).
Comply with asset management system requirements (section 24).
Submit to operational audits (section 25).
Comply with applicable codes of practice (section 26) and the code of conduct (section 27).
Be members of an approved water services ombudsman scheme (section 70).
Give notice of proposed major works and general works, and conduct required consultations before proceeding (sections 142 and 151).
If a licence ends or is cancelled, leave the water service system in a safe condition (section 36).
Owners of land connected to drainage works must maintain drainage assets in functioning condition (section 112) and obtain licensee approval before connecting to or disconnecting from drainage works (section 111), with a penalty of $25,000 for non-compliance with the connection requirement.
Persons subject to inspector directions must comply and must not obstruct inspectors (section 43), on penalty of a fine of $7,500.
Powers and discretions
The Authority may:
Grant, renew, transfer, amend, or cancel licences (sections 11-18) after considering public interest (section 46).
Issue rectification notices and order monetary penalties for licence non-compliance (section 31).
Designate areas for last resort supply (section 51) and ensure supply plans are in place.
Approve or revoke approval of a water services ombudsman scheme (sections 65 and 67).
Designate inspectors (section 210(1)) with powers to enter premises, examine documents, direct production of information, and seize relevant items (sections 40-41).
Prohibit the use of non-compliant infrastructure (section 42(2)(a)) and arrange for its disconnection.
The Minister may:
Grant exemptions from licensing (section 7).
Make codes of practice (section 26).
Authorise major works and general works proposals (sections 142 and 155).
Authorise deviations from approved works plans (sections 158-161).
Appoint a supplier of last resort (section 55) and approve supply plans (section 57).
Acquire interests in land for licensed infrastructure under the Land Administration Act 1997 on the recommendation of the Minister (section 166).
Licensees have powers to enter land (Part 8) and provide, maintain, and remove water service works on that land (Parts 6-7). Works remain the property of the licensee even when placed on a third party's land (section 162).
State Administrative Tribunal reviews a wide range of licensing decisions (section 44), providing merits review of Authority and CEO decisions on licence conditions, rectification notices, penalty orders, and service disconnections.
Penalties and enforcement
Section 43 offences (failing to comply with inspector directions, obstructing inspectors, giving false or misleading information): fine of $7,500.
Section 111 (connecting or disconnecting from drainage works without approval): fine of $25,000, plus a daily penalty of $1,000.
Section 112 (failing to maintain drainage assets): fine of $5,000, plus a daily penalty of $250.
Section 31 (rectification and monetary penalty): The Authority may order a licensee to pay a monetary penalty for non-compliance with a licence condition, in addition to requiring rectification.
Section 34 (cancellation): A licence may be cancelled for serious default, including persistent non-compliance with licence conditions, after the licensee has had an opportunity to make submissions (section 32).
Regulatory offences under Part 11: Contravention of provisions in the regulations may be punishable by fines up to $10,000 for bodies corporate and $5,000 for individuals, with daily penalties for continuing offences (section 222).
Infringement notices may be used for certain offences relating to water use restrictions, with the Criminal Procedure Act 2004 Part 2 applying (section 221).
Process and timelines
Licensing process. An applicant for a licence provides information required by the Authority (section 45). The Authority must consider public interest factors (section 46), give public notice of certain decisions (section 47), and must make licences available for inspection (section 48). Regulations may prescribe public consultation requirements (section 49).
Major works. A licensee proposing major works must publish notice in a newspaper and serve notice on affected landowners and local governments, giving at least 28 days for objections and submissions (section 142). The licensee must then submit the proposal to the Minister with a report on objections (section 144). The Minister may authorise or decline the works (section 145).
General works. A licensee proposing general works must give written notice to affected persons with at least 21 days for objections (section 151). The licensee submits the proposal to the Minister with a report (section 154), and the Minister may authorise or decline (section 155).
Exempt works. No prior notice or authorisation is required (section 156).
Enforcement. Where the Authority identifies non-compliance, it serves a rectification notice requiring remedy within a specified time (section 31(1)). The licensee may make submissions (section 32). If rectification does not occur, the Authority may arrange for remedy at the licensee's cost or commence cancellation proceedings.
Review. Most licensing and enforcement decisions are reviewable by the State Administrative Tribunal (section 44). Certain decisions are stayed pending tribunal review unless a dangerous situation exists (section 44(3)).
Ministerial review. The Minister must review the Act's operation after every fifth anniversary of commencement and table a report in Parliament (section 224).
Interactions with other law
Land Administration Act 1997 (WA): Interests in land may be acquired for licensed water service infrastructure using Land Administration Act Part 9 as if for a public work (section 166). Public authorities may grant easements and licences over Crown land (section 165).
State Administrative Tribunal Act 2004 (WA): The State Administrative Tribunal hears merits reviews of licensing and enforcement decisions (section 44).
Criminal Procedure Act 2004 (WA): Infringement notice procedures under that Act apply to certain water use restriction offences (section 221).
Criminal Investigation Act 2006 (WA): Inspectors exercising seizure powers are taken to be public officers under Parts 6 and 13 of that Act (section 41(2)).
Water Corporations Act 1995 (WA): Transitional provisions operate alongside Schedule 5 Division 1 of the Water Corporations Act in relation to matters covered by both instruments.
Corporations Act 2001 (Cth): Regulations may declare provisions to be Corporations legislation displacement provisions or declare matters to be excluded matters under sections 5G and 5F of the Corporations Act (section 222).
Personal Property Securities Act 2009 (Cth): Regulations may exclude water services matters from the Personal Property Securities Act regime (section 222).
Plumbers Licensing Act 1995 (WA): Regulations may require notice of plumbing work to licensees (section 222).
Gotchas
Property remains with the licensee on third-party land. Under section 162, water service works placed on another person's land do not become part of that land and do not vest in the landowner. They remain the licensee's property and can be removed. Purchasers of land containing water service infrastructure may find they do not own that infrastructure.
Exempt works still carry obligations. Licensees using the exempt works pathway under section 156 are relieved of prior notification requirements but remain bound by all other licence conditions, maintenance obligations, and safety requirements. "Exempt" means no prior process, not no regulation.
Dangerous situations override SAT stays. Applications to the State Administrative Tribunal for review of rectification notices or disconnection orders do not automatically halt the Authority's action if a dangerous situation exists (section 44(3)(b)). Licensees should not assume that filing a SAT application will preserve the status quo in an emergency.
Last resort supply costs fall on the failing licensee. The supplier of last resort is entitled to recover costs and the Authority may seek recovery from the original failing licensee (section 61). This creates a contingent liability for operators who surrender or have their licences cancelled mid-supply.
30-day objection window for works. The minimum notice period for both major and general works proposals is 28 or 21 days (sections 142 and 151). Affected landowners or local governments who do not respond within that window lose the opportunity to lodge formal objections, though the licensee must still have regard to any that are lodged (section 152(3)).
Practical examples
Example 1: New entrant seeking a licence. A private company proposes to provide a recycled water scheme in a new industrial estate. Under section 5, it cannot provide the service without a licence. It applies to the Authority under section 10, provides all required information (section 45), and the Authority considers public interest factors including safety, viability, and customer protections (section 46). Once granted, the licence specifies the operating area, service types, and conditions including membership of the ombudsman scheme.
Example 2: Major pipeline works. A regional water corporation needs to build a new 50-kilometre water main. This is major works under section 132. The corporation must publish newspaper notice and serve written notice on all affected landowners and local governments, allowing at least 28 days for objections (section 142). It collects and reports on objections, then submits the proposal to the Minister (section 144). The Minister considers the report and authorises the works (section 145).
Example 3: Customer complaint about service quality. A customer receives what they believe is an incorrect bill. They complain to the licensee, which does not resolve the matter. Under Part 4, the customer may refer the dispute to the water services ombudsman (section 68). The ombudsman investigates. If the licensee is not satisfied with the outcome, it may apply to the State Administrative Tribunal for review of certain decisions.
Example 4: Licence cancellation for serious default. An irrigation scheme operator persistently fails to comply with its licence conditions relating to water quality. The Authority serves a rectification notice under section 31. The operator makes submissions but does not rectify. The Authority then commences cancellation proceedings under section 34. The operator may apply to the SAT for review of the cancellation decision but does not receive an automatic stay if a dangerous situation exists (section 44(3)(b)).
Division Div 4Failure to comply with licence — enforcement
Division 4 — Failure to comply with licence — enforcement
Failure to comply with licence 27
Right of licensee to make submissions 28
Exception — dangerous situations 28
Division 5 — Ending of licence and cessation of water services
Cancellation of licence for serious default 29
Provision of a water service ceasing — regulations may deal with consequences 31
Provision of a water service ceasing — duty to leave system in safe condition 31
Division 6 — Water service works and other assets
Licensee operating with works holding body 32
Regulations may deal with transfer of assets on land not held by asset holder 33
Division 7 — Inspectors
Terms used 34
Entry for inspection purposes 35
General powers for inspection purposes 35
Power to prohibit use etc. 36
Offences 37
Division 8 — Review of decisions
Review of certain decisions 38
Division 9 — General licensing provisions
Applications — additional information 40
Matters relevant to determination of public interest 40
Notice of and publication of certain decisions 40
Licences to be available for inspection 41
Regulations about public consultation 41
Part 3 — Last resort supply arrangements
Terms used 42
Designated areas 42
Authority to ensure supply plan in place for designated areas 42
Requirements for supply plans 43
How supply plan brought into operation 43
Appointment of supplier of last resort 44
Functions of supplier of last resort 45
Approval or determination of supply plan 45
Amendment of supply plan 46
Supplier of last resort to be treated as licensee 46
Duty to perform functions of supplier of last resort 46
Liability and recovery of costs of supplier of last resort 47
Regulations about last resort supply arrangements 48
Part 4 — Water services ombudsman scheme
Division 1 — Preliminary
Terms used 50
Regulations about water services ombudsman scheme 50
Division 2 — Approval of water services ombudsman scheme
Authority may approve scheme 50
Requirements for scheme or amendment to be approved 51
Revocation of approval 53
Division 3 — Scheme operation
Customers etc. may have decision or complaint reviewed 53
Jurisdiction of courts and tribunals 54
Division 4 — Membership of approved scheme
Membership of approved scheme 54
Part 5 — Water services
Division 1 — Terms used
Terms used 55
Division 2 — Provision of water services generally
Application of this Division in relation to certain agreements 58
Statutory entitlement to provision of water services 58
Terms and conditions of provision of water services 59
Agreements about provision of water services 60
Aspects of certain agreements binding on successors 61
Interruption of water services generally 63
Meters 63
Accuracy and testing of meters 64
Division 3 — Development and building control, and infrastructure contributions
Terms used 64
Application of this Division 65
Notification of and requirements as to building work 65
Satisfying requirements for additional water services 66
Ensuring water service works are done 69
Infrastructure contributions 70
Property in certain works 71
Review of certain decisions under or relating to this Division 71
Division 4 — Protection of works, fittings and fixtures
Interfering with water service works of licensee 73
Taking water without or contrary to approval 74
Construction etc. over or in vicinity of water service works of licensee 75
Requirement to use etc. approved fittings, fixtures and pipes 77
Requirement to maintain etc. fittings, fixtures and pipes 78
Division 5 — Water supply services
Approval required before connecting to water supply 80
No connection of additional water supply without approval 81
Disconnection or reduction in rate of flow etc. 81
Fire hydrants 83
Taking water from fire hydrants 84
Division 6 — Sewerage services
Subdivision 1 — Sewer connections
Minister may require connection to sewerage works 84
Approval required before connecting to sewer 86
Common sewer connections 86
Subdivision 2 — Discharge of trade waste
Terms used 87
Discharge of trade waste without or contrary to licensee’s approval 87
Approval of licensee 88
Discharge of trade waste not in accordance with approval 89
Failure to maintain fittings, fixtures and pipes 90
Compliance notices 90
Regulations relating to discharge of trade waste 91
Division 7 — Drainage services
Term used: drainage assets 92
Controlled drainage assets 92
Minister may require connection to drainage works 94
Approval required before connecting to drainage works 95
Requirement to maintain or modify drainage assets, etc. 96
Relationship of this Division to certain other Acts 97
Division 8 — Enforcement
Subdivision 1 — Entry for compliance purposes
Term used: compliance purposes 98
Entry for compliance purposes 98
General powers for compliance purposes 98
Offences 100
Subdivision 2 — Compliance notices
Application of Subdivision 100
Compliance notices 100
Giving compliance notices 101
Licensee or Minister may remedy failure to comply 102
Review of decisions relating to giving compliance notices 104
Division 9 — Fees and charges for water services
Licensees may impose fees and charges for water services 105
Regulations may provide for water service charges 106
Supplying groups of dwellings 109
Water service charges payable despite change in ownership of land or liability to prosecution 110
Order for payment of water service charges 110
Division 10 — General provisions
Prohibition on dealings in land 111
Reading meters etc. and routine inspection and maintenance 113
Dangerous situations 114
Approval of licensee subject to conditions 115
Part 6 — Powers in relation to water service works
Division 1 — Preliminary
Terms used 116
Major works 116
General works 117
Exempt works 118
Division 2 — Provision of water service works
Powers in respect of water service works 118
Exemption of water service works from certain planning laws 119
Surveys and testing work 119
Ancillary works powers 120
Entry for provision of works etc. 121
Special provisions applicable to road works 122
Division 3 — Major works, requirements for public notification and Ministerial authorisation
Prerequisites to provision of major works 123
Licensee to prepare plans and publish and give notice of major works 123
Objections and submissions 124
Licensee may amend proposal 125
Submission of proposal to Minister 125
Powers of Minister in respect of proposal 126
Certain objectors and submitters to be notified of authorisation 127
Certain alterations, extensions and additions to major works 127
Division 4 — General works, requirements for public notification and, in certain cases, for Ministerial authorisation
Prerequisites to provision of general works 128
Licensee to prepare plans and give notice of general works 129
Objections and submissions 130
Licensee may amend proposal 130
Submission of proposal to Minister 131
Powers of Minister in respect of proposal 131
Division 5 — Exempt works
No prerequisites under this Part 132
Division 6 — Deviation and modification
Term used: water service works 132
Plans may indicate possible deviation from line of works 132
General power to deviate by up to 20 m 132
Modification by agreement with owner and occupier 133
When Minister may authorise deviation or modification 133
Division 7 — Property in water service works
Property in water service works and things placed on land 134
Powers of licensee in respect of water service works that are part of land 135
Part 7 — Powers in relation to interests in land
Terms used 136
Power of public authority to grant certain interests 136
Taking of interest in land for purposes of licensee 136
Vesting of interest 137
Easements in gross 138
Subdivision of land — planning approval 138
Sale of land 138
Part 8 — Entry for performance of functions
Division 1 — Preliminary
Terms used 139
Application of this Part 140
Division 2 — Entry for performance of functions
Entry with consent or under notice or warrant 141
Notice of entry 142
Rights of occupier of dwelling 143
When authorised person must leave etc. 144
Power to enter includes power to enter other places 145
Entry with vehicles and equipment 145
Assistance to exercise powers 146
Use of force 146
Actions of authorised persons and others 146
Injunction in support of power of entry 147
Complaints about exercise of powers 147
Division 3 — Warrants to enter
Term used: remote communication 148
Application for warrant 148
Contents of application 148
How application to be made 149
Issue of warrant 150
Contents of warrant 151
Execution of warrant 151
Part 9 — Legal proceedings
Division 1 — Legal proceedings
Prosecutions — who may commence 153
Time for bringing prosecutions 153
Continuing offences — daily penalties 154
Injunctions to ensure compliance with this Act 154
Court’s power to make ancillary orders on conviction 156
Division 2 — Liability of certain persons
Liability of officers for offence by body corporate 157
Liability of principal for acts of agent 158
Liability of employer for offences of employee 158
Conduct on behalf of bodies corporate and principals 159
Division 3 — Evidentiary provisions
Evidence of certain things relating to contraventions 161
Evidence of authorisation and enforcement matters 161
Evidence of scientific matters 162
Documentary and signed evidence 163
Evidence of ownership or occupancy 165
Evidence of documents and service 166
Provisions are in addition to Evidence Act 1906 166
Part 10 — Administration
Division 1 — The Economic Regulation Authority
Functions of Authority 167
Authority’s capacity to authorise or designate persons 167
Division 2 — Inspectors and compliance officers
Terms used 168
Designation of inspectors and compliance officers 168
Limitations on scope of authority of inspectors and compliance officers 169
Division 3 — General matters
Delegation by Minister 170
Delegation by CEO 171
Information sharing 172
Confidentiality of information 174
Part 11 — Miscellaneous
Relationship of this Act to Rights in Water and Irrigation Act 1914 and Health (Miscellaneous Provisions) Act 1911 176
Licences not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 176
Liability of certain persons for damage caused in exercise of powers 176
Immunity from liability for certain official actions 177
Limitation of liability for certain actions 178
Infringement notices and the Criminal Procedure Act 2004 180
Regulations 181
Notes in the text 185
Review of Act 185
Transitional provisions 186
Schedule 1 — Transitional provisions
Division 1 — Transitional provisions for the commencement of this Act
Subdivision 1 — Preliminary
Terms used 187
New provisions that correspond to old provisions 187
Relationship of this Division to Water Corporations Act 1995 Schedule 5 Division 1 187
Subdivision 2 — Application of Interpretation Act 1984
Application of Interpretation Act 1984 188
Subdivision 3 — General provisions
Continuing effect of licences, exemptions, directions, determinations, notices etc. 188
Completion of things commenced before commencement day 189
Continuing effect of things done before commencement day 189
References to repealed Acts and old provisions 189
Relationship of this Subdivision to other transitional provisions 189
Subdivision 4 — Specific provisions
Licences and exemptions 190
Initial code of conduct under section 27 190
Initial water services ombudsman scheme 190
Water service works of licensees 191
Drainage works of the Water Corporation 192
Relationship of this Subdivision to transitional regulations 193
Subdivision 5 — Transitional regulations
Transitional regulations 193
Notes
Compilation table 195
Uncommenced provisions table 196
Other notes 196
Defined terms
Western Australia
Water Services Act 2012
An Act relating to the provision of water services and the regulation of water service providers, and for related purposes.
Part 1 — Preliminary
1. Short title
This is the Water Services Act 2012.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
3. Terms used
(1) In this Act, unless the contrary intention appears —
area associated with a dwelling means —
(a) if the dwelling is one of 2 or more dwellings in one building, the parts of the building and any area around the building that the occupiers of the dwellings use exclusively but in common with each other; or
(b) otherwise, the area around the dwelling that is used exclusively by the occupier, such as a driveway, garden or yard;
Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003 section 4;
CEO means the chief executive officer of the Department;
charge means an obligation to pay an amount, but does not include anything described under this Act as a fee;
class, of water service, has a meaning affected by section 8;
code of conduct means a code of conduct made under section 27;
code of practice includes a code of practice made under section 26;
compliance officer has the meaning given in section 71(1);
conduit means a pipe placed on land, or an artificial channel or tunnel placed on or a part of land, for conveying water or wa
This is an opening excerpt, not the complete document.