Sch 1sets out transitional provisions.

Schedule 1 sets out transitional provisions. Schedule 1 — Transitional provisions [s. 225] Division 1 — Transitional provisions for the commencement of this Act Subdivision 1 — Preliminary 1. Terms used In this Schedule — commencement day means the day on which this Act comes into operation; new provision means a provision of this Act; old provision means an enactment repealed by a relevant provision of the *Water Services Legislation Amendment and Repeal Act 2012* or amended by a relevant provision of that Act in such a way that it no longer has effect in relation to a matter covered by or under a provision of this Act; relevant provision, of the *Water Services Legislation Amendment and Repeal Act 2012*, means a provision of that Act except of Part 7 or 10. 2. New provisions that correspond to old provisions A new provision corresponds to an old provision in relation to a matter or thing if the new provision deals with the matter or thing in the same, or substantially the same, way as the old provision deals with the matter or thing. 3. Relationship of this Division to *Water Corporations Act 1995* Schedule 5 Division 1 The operation of a provision of this Division in relation to a matter is displaced to the extent to which a provision of the *Water Corporations Act 1995* Schedule 5 Division 1 deals with the matter. Subdivision 2 — Application of *Interpretation Act 1984* 4. Application of *Interpretation Act 1984* (1) The provisions of the *Interpretation Act 1984* about the repeal of enactments and the substitution of other enactments for those so repealed apply as if the old provisions were repealed by this Act and, for that purpose, a reference to the commencement of the repealing law is to be taken to be a reference to the commencement of this Act. (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 in relation to the old provisions. (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 Subdivisions 3 and 4 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. Subdivision 3 — General provisions 5. Continuing effect of licences, exemptions, directions, determinations, notices etc. (1) A licence, exemption, permit or permission (however described) granted under an old provision and in force immediately before commencement day becomes, on commencement day, if there is a new provision that corresponds to the old provision in relation to that thing, a licence, exemption or approval granted under the new provision. (2) A direction, determination or notice (however described) given under an old provision and in force immediately before commencement day becomes, on commencement day, if there is a new provision that corresponds to the old provision in relation to that thing, a direction, determination or notice given under the new provision. (3) On and from commencement day, the terms and conditions of the licence, exemption, permit, permission, direction, determination or notice, are, subject to this Act, the same as the terms and conditions in effect immediately before commencement day. 6. Completion of things commenced before commencement day Anything commenced by a person under or for the purposes of an old provision before commencement day may, if there is a new provision that corresponds to the old provision in relation to that thing, be continued by the person on and after commencement day under the new provision. 7. Continuing effect of things done before commencement day (1) This clause applies to an act, matter or thing done or omitted to be done under or for the purposes of an old provision before commencement day by a person, to the extent to which that act, matter or thing has any force or significance on and after commencement day. (2) The act, matter or thing is, if there is a new provision that corresponds to the old provision in relation to that act, matter or thing, to be taken, on and after commencement day, to have been done or omitted by the person under or for the purposes of the new provision. 8. References to repealed Acts and old provisions (1) In this clause — repealed Act means an Act repealed by the *Water Services Legislation Amendment and Repeal Act 2012*. (2) Unless the context otherwise requires, a reference in a written law or other document or instrument to a repealed Act includes a reference to this Act. (3) Unless the context otherwise requires, a reference in a written law or other document or instrument to an old provision includes, if there is a new provision that corresponds to the old provision in relation to a matter or thing, a reference to the new provision. 9. Relationship of this Subdivision to other transitional provisions The provisions of Subdivision 4 and of the regulations made for the purposes of this Division prevail over the provisions of this Subdivision to the extent of any inconsistency. Subdivision 4 — Specific provisions 10. Licences and exemptions (1) An operating licence granted under the *Water Services Licensing Act 1995* and in force immediately before commencement day becomes, on commencement day, a licence under section 11 (of this Act) as if granted by the Authority and, subject to this Act, is held on the same terms and conditions as those applicable immediately before commencement day. (2) An exemption granted under the *Water Services Licensing Act 1995* and in force immediately before commencement day becomes, on commencement day, an exemption under section 7 (of this Act) as if granted by the Minister and, subject to this Act, applies on the same terms and conditions as those applicable immediately before commencement day. 11. Initial code of conduct under section 27 (1) The Minister, instead of the Authority, must make the initial code of conduct under section 27 and is not required to consult the consultative committee referred to in section 28 in doing so. (2) Section 27 and the *Interpretation Act 1984* section 25 in its application to that section are modified to the extent necessary to enable effect to be given to subclause (1). (3) A code of conduct made in accordance with this clause is to be taken, for the purposes of this Act, to be a code of conduct made by the Authority under section 27. 12. Initial water services ombudsman scheme (1) The Minister, instead of the Authority, must — (a) approve the initial water services ombudsman scheme under section 65; and (b) give the initial approval required for the purposes of section 66(2)(i). (2) The provisions of — (a) Part 4 Division 2; and (b) the *Interpretation Act 1984* section 25 in its application to the provisions mentioned in paragraph (a), are modified to the extent necessary to enable effect to be given to subclause (1). (3) A scheme approved in accordance with this section is to be taken, for the purposes of Part 4, to be a scheme approved by the Authority under Division 2 of that Part. 13. Water service works of licensees (1) Water service works or other similar things that, immediately before commencement day, were the property of a licensee — (a) become, on commencement day, water service works of the licensee; and (b) are to be taken, on and from commencement day — (i) for the purposes of section 162 — to have been placed on land by the licensee in the exercise of a works power; or (ii) for the purposes of section 163 — to have been provided by the licensee in the exercise of a works power. (2) Subclause (1)(b)(i) applies to the works or things except to the extent to which the works or things are a part of land, in which case, subclause (1)(b)(ii) applies. (3) For the purposes of subclause (1), water service works and other similar things that were the property of a licensee include (without limiting that expression) works or things — (a) that were property of the licensee under the *Water Agencies (Powers) Act 1984* section 84 (including under that section as applied by the *Water Services Licensing Act 1995* section 45 or the *Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004* section 10) or under the *Water Boards Act 1904* section 39; or (b) that were vested in the licensee under the *Water Agencies (Powers) Act 1984* section 85, the *Water Boards Act 1904* section 36 or 65A, the *Country Towns Sewerage Act 1948* section 11 or the *Land Drainage Act 1925* section 9. (4) Subclause (1) applies to fire hydrants on Crown land or in a road that, immediately before commencement day, were attached to the water service works of a licensee, as if those fire hydrants were property of the licensee at that time. (5) This clause applies to water service works or other similar things that, immediately before commencement day, were the property of a person who held those works or things for a licensee under an agreement that ensures that the licensee can operate and maintain the works to the extent necessary for the licensee to comply with the licensee’s obligations under the licence and this Act, as if — (a) the references to a licensee were references to that person; and (b) subclause (1)(a) were omitted. 14. Drainage works of the Water Corporation (1) This clause applies to — (a) main drains and main drainage works that the Water Corporation had the control and management of under the *Metropolitan Water Authority Act 1982* section 100 immediately before commencement day; and (b) drainage works that, immediately before commencement day, were the property of the Water Corporation under the *Water Agencies (Powers) Act 1984* section 84 and that are shown on plans identified in regulations made for the purposes of this paragraph. (2) The drains and works — (a) become, on commencement day, water service works of the Water Corporation; and (b) are to be taken, on and from commencement day — (i) for the purposes of section 162 — to have been placed on land by the Water Corporation in the exercise of a works power; or (ii) for the purposes of section 163 — to have been provided by the Water Corporation in the exercise of a works power. (3) Subclause (2)(b)(i) applies to the drains and works except to the extent to which the works or things are a part of land, in which case, subclause (2)(b)(ii) applies. 15. Relationship of this Subdivision to transitional regulations The provisions of the regulations made for the purposes of this Division prevail over the provisions of this Subdivision to the extent of any inconsistency. Subdivision 5 — Transitional regulations 16. 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 this Act and of the *Water Services Legislation Amendment and Repeal Act 2012* (except Part 7); and (b) clarify or vary the provisions of this Division; and (c) amend or repeal subsidiary legislation consequentially on the enactment of this Act and of the *Water Services Legislation Amendment and Repeal Act 2012* (except Part 7); and (d) deal with all matters of a savings or transitional nature arising as a result of subsidiary legislation made under or for the purposes of an old provision ceasing to have effect because there is no power to make that subsidiary legislation under this Act. (2) Regulations made for the purposes of this clause may — (a) provide for the transfer of water service works, or rights in relation to water service works, to a licensee who, immediately before commencement day, used those works in the provision of a water service; and (b) deal with the same sorts of matters as those that may be dealt with by regulations made for the purposes of section 38; and (c) be expressed to have effect despite another written law; and (d) 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 the 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, a public authority 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, a public authority 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 savings and transitional matters that arise as a result of the enactment of this Act and of the *Water Services Legislation Amendment and Repeal Act 2012*. ![dline]() Notes This is a compilation of the *Water Services Act 2012* 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. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Water Services Act 2012* | 24 of 2012 | 3 Sep 2012 | s. 1 and 2: 3 Sep 2012 (see s. 2(a)); Act other than s. 1, 2, 68 and Pt. 4 Div. 4: 18 Nov 2013 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5027); s. 68 and Pt. 4 Div. 4: 1 Jan 2014 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5027) | | **Reprint 1: The *Water Services Act 2012* as at 17 Jan 2014** | | | | | *Public Health (Consequential Provisions) Act 2016* s 101 | 19 of 2016 | 25 Jul 2016 | 24 Jan 2017 (see s. 2(1)(c) and *Gazette* 10 Jan 2017 p. 165) | | *Strata Titles Amendment Act 2018* Pt. 3 Div. 25 | 30 of 2018 | 19 Nov 2018 | 1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) | | *Community Titles Act 2018* Pt. 14 Div. 25 | 32 of 2018 | 19 Nov 2018 | 30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) | | *COVID‑19 Response and Economic Recovery Omnibus Act 2020* Pt. 5 Div. 2 Subdiv. 6 | 34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) | | *Swan Valley Planning Act 2020* Pt. 10 Div. 17 | 45 of 2020 | 9 Dec 2020 | 1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2) | | *Directors’ Liability Reform Act 2023* Pt. 4 Div. 66 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) | | *Statutes (Repeals and Minor Amendments) Act 2025* s. 8 | 14 of 2025 | 25 Sep 2025 | 26 Sep 2025 (see s. 2(b)) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Public Health (Consequential Provisions) Act 2016* Pt. 5 Div. 27 | 19 of 2016 | 25 Jul 2016 | To be proclaimed (see s. 2(1)(c)) | | *Evidence Act 2025* s. 492(1) | 15 of 2025 | 25 Sep 2025 | To be proclaimed (see s. 2(e)) | Other notes 1 The short title of the *Fire and Emergency Services Authority of Western Australia Act 1998* was changed to the *Fire and Emergency Services Act 1998* by the *Fire and Emergency Services Legislation Amendment Act 2012* s. 5. The Fire and Emergency Services Authority (FESA) was abolished by the *Fire and Emergency Services Legislation Amendment Act 2012* s. 43. 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)** activity of a person 85(2) agent 197(1) and (3) alternative water service charge 128(1) analysis 202(1) approved analyst 202(1) approved scheme 63 area associated with a dwelling 3(1) asset holder 38(1) assets 38(1) authorisation 201(1), 203(1), 222(2) authorised officer 214(1) authorised person 171(1), 185(3), 190(1), 220(1) authorising authority 171(1) Authority 3(1) CALM Act land 109(9) CEO 3(1) charge 3(1) class 3(1) code of conduct 3(1) code of practice 3(1) commencement day Sch. 1 cl. 1 common property sewer connection 100(1) complainant 63 compliance notice 90(5), 92(7), 104(2), 105(2), 119(1) compliance officer 3(1), 71(1) compliance purposes 114 conduit 3(1) confidential information 215(1) consultative committee 28(1) contractor 209 Crown land 3(1) customer 3(1) department 3(1) Department 3(1) designated area 50 designating authority 39, 171(1), 209 development 80 drain 71(1) drainage assets 3(1), 108 drainage service 3(1) drainage works of a licensee 71(1) dwelling 3(1) employee 198(1) and (3) employer 198(1) and (3) employing authority 212(8), 213(8) engaging in conduct 199(1) exemption 3(1) exempt works 132(1) FESA 71(1) fire district 71(1) fittings 71(1) fixtures 71(1) former licensee 35(1) general works 132(1) guidelines 214(1) information sharing agency 214(1) informed consent 171(1) infrastructure 85(2) infrastructure contribution 71(1), 85(1), 128(1) inspection purposes 39 inspector 3(1), 39 interest 164 irrigation 3(1) irrigation service 3(1) Land Administration Minister 164 last resort supply plan 50 licence 3(1) licensee 3(1) major works 132(1) member of a licensee 3(1) meter 3(1) mobile home 3(1) new provision Sch. 1 cl. 1 non-standard water service 74(5) occupier 3(1), 101(1), 129(1), 130(5), 171(1) offence provision 194(1) officer 214(1) official 219(1) old provision Sch. 1 cl. 1 operate 3(1) operating area 3(1) organisation 212(8), 213(8) owner 3(1) place 3(1) Planning Minister 3(1) prescribed 3(1) prescribed fee 3(1) principal 197(1) and (3), 199(6) privileged 214(1) property 100(1) property connection 3(1), 71(1) property connection point 71(1) property drainage connection 71(1) property sewer connection 71(1) property water supply connection 71(1) proposal 132(1) provide 3(1) public authority 3(1) public sector employee 208(1) public work 164 quality/quantity charge 71(1) reasonably suspects 3(1) rectification notice 31(1) Registrar 76(1), 128(1) relevant information 214(1) relevant interest 165(1) relevant provision Sch. 1 cl. 1 remote communication 184 repealed Act Sch. 1 cl. 8(1) responsible person 218(1) road 3(1) routine inspection 129(1) routine maintenance 129(1) sewer 71(1) sewerage service 3(1) sewerage works of a licensee 71(1) specified 3(1) staff member 208(1) standard terms and conditions of service 3(1), 71(1) state of mind 199(1) statutory penalty 3(1) statutory water service charge 3(1), 71(1), 128(1) subdivision 80 supplier of last resort 50 testing work 138(3) trade waste 3(1), 101(1) transferee 15(2), 38(2) Treasurer 3(1) unallocated Crown land 159(5) wastewater 3(1) wastewater inlet 71(1) water corporation 3(1) Water Corporation 3(1) Water Resources Minister 3(1) water service 3(1) water service charge 3(1), 71(1) water service reserve 88(4) water services ombudsman 63, 65(1) water service works 3(1), 157 water service works of a licensee 3(1) water supply service 3(1) water supply works of a licensee 71(1) works holding body 37(1) works plans 158(1) works power 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. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer