Water Services (Water Corporations Charges) Regulations 2014

These regulations prescribe the statutory schedule of water service charges, the rules for invoicing and payment, and related procedures for the principal water corporations operating in Western Australia: the Water Corporation generally (schedules 3-7), the Bunbury Water Corporation (Schedule 1, Part 3) and the Busselton Water Corporation (Schedule 2, Part 4). They operate under the Water Services Act 2012 and come into force principally from 1 July 2014 (regs 1-2). The instrument replaces the earlier Water Agencies (Charges) By‑laws 1987 and sets out transitional arrangements for the changeover (Pt 6 Divs 1-3, regs 52-63).

Mechanically, the regulations do the following:

• Fix service charges, volumetric consumption charges and other fees, in detail, for different classes of land, meter sizes, and services in Schedules 1-7 (see Schedule 3 for the Water Corporation service and consumption tables, Schedule 4 for sewerage, Schedule 5 for drainage, Schedule 7 for miscellaneous fees). Many charges are presented as fixed dollar amounts for the 2025/26 year and subsequent years (Schedules often begin "Service charges for 2025/26 and subsequent years").
• Prescribe how charges apply across charge periods and financial years, including that annual charges (other than quality/quantity charges) apply for the whole financial year even if prescribed after the year begins (reg 4), and how to pro rata when circumstances change part‑way through a year (reg 4(3), reg 28(3)).
• Set rules for invoicing and payment timeframes: trade waste invoices must allow at least 28 days for payment, other invoices at least 14 days (reg 19(3)); statutory invoices may include a permitted card‑payment surcharge aligned with the Reserve Bank Standard No. 3 of 2016 (regs 15A and 20).
• Provide mechanisms for estimating supply, discharge or drainage volumes where meters are faulty, unreadable or absent (reg 22), and specific rules for measuring and pricing trade waste including the use of approved meters, waste‑discharge profiles and historical data (reg 23; Schedule 4 Div 3).
• Create classification powers and concessions: the Water Corporation (and Bunbury/Busselton Corporations in their Parts) can classify land (eg residential, non‑residential, concessional, vacant) and apply different tariffs and concessions (regs 16, 17, 25, 32, 40, Schedules 1-5). Concessions for seniors and pensioners are set out for Bunbury, Busselton and Water Corporation consumers (r 9, r 14, r 34-36).
• Confer administrative discretions: Water Corporation may enter special payment arrangements (reg 21), estimate notional charges if prior‑year data are absent (regs 28, 42), and designate sewerage and drainage areas (regs 38, 45) subject to publication and, for drainage, notice and objection procedures (reg 46).
• Set interest on overdue amounts: Bunbury and Busselton Corporations have specified daily rates (r 10 , 11.33% p.a.; r 15 , 11.08% p.a.); for the Water Corporation general provision, interest is the rate in the Water Services Regulations 2013 r 82 (r 29).

The regulations therefore perform two functions simultaneously: they are a price schedule (dollars, cents per kilolitre, cents per kilogram for trade waste parameters), and they are a procedural code for billing, measurement, classification, concessions and transitional continuity from the pre‑existing by-laws (Part 6). The Water Corporation (and the Bunbury and Busselton corporations to the extent set out) and the Minister are the decision makers for classification, area designation and some concessions, with delegated operational discretion to estimate volumes, enter arrangements and publish designations. Several statutory cross‑references attach: to the Water Services Regulations 2013 (definitions and interest); the Rates and Charges (Rebates and Deferments) Act 1992 (definitions of eligible pensioner and Commonwealth seniors health card); valuation and planning statutes for GRV and lots (Valuation of Land Act 1978; Planning and Development Act 2005); and the RBA standard under the Payment Systems (Regulation) Act 1998 for card surcharges (reg 15A, reg 20).

The regulations revolve around a small set of interacting concepts: charge periods and consumption years; classes of land and concessional statuses; service, consumption, discharge and drainage charges; measurement and estimation; and administrative discretions around billing, concessions and area designation.

• Charge period / consumption year. The instrument distinguishes between the financial year and charge/consumption years used to apply volumetric or quality/quantity charges. For Bunbury and Busselton a consumption year is the yearly period the corporations determine, starting between 1 July and 31 October (regs 6, 11). For the Water Corporation consumption years have different windows depending on metropolitan or non‑metropolitan location (reg 16(1), definitions of consumption year and discharge year). These windows control which volumetric slab applies and how historical data are referenced (eg Schedule 3 Div 2 volumentric ranges “have effect by reference to the volume of water supplied in the current consumption year”, Sch.3 cl.22(2)).

• Classification of land. The Water Corporation may classify land into a range of categories (residential, non‑residential, semi‑rural, concessional types, vacant, farmland, mining, community residential, etc.) (regs 16(1), 32, 40, 48). Classification controls which schedule item and therefore which charge applies (eg Schedule 3 for water supply, Schedule 4 for sewerage, Schedule 5 for drainage). The default classification for a financial year is the classification that applied immediately before the beginning of the year unless re‑classified (reg 25).

• Service vs consumption vs discharge vs drainage charges. Service charges are fixed (often per connection, per dwelling or per meter size) and are set in Schedules 1-6 Division 1 (eg Sch.3 Div 1, Sch.4 Div 1). Consumption charges are volumetric and vary by tiers and geography (eg Sch.3 Div 2 items 25-34 for class‑based c/kL charges). Discharge charges in Schedule 4 (and trade waste charges in Sch.4 Div 3) price wastewater, trade waste and effluent attributes. Drainage charges in Schedule 5 are GRV‑based or per‑dwelling in many cases.

• Measurement and estimation rules. Meters are the primary measurement point, but the Water Corporation has explicit authority to estimate when meters are faulty, removed or unreadable and prescribes methods for doing so, including adjustment by testing, historical data, typical usage or flow‑rate calculations (reg 22). Trade waste has specific measurement and pricing rules, and the regulation excludes reg 22 estimation methods from trade waste (reg 22(5)) and instead provides reg 23 methods including approved meters, waste‑discharge profiles, allowances and historical data.

The regulations allocate legal and economic obligations to a set of clearly identified parties.

• Owners and occupiers of land supplied by a water corporation. Any lot or parcel that is connected to Water Corporation water supply or sewerage works may attract service charges and volumetric charges (reg 31(1)-(2); reg 39(1)-(2)). Definitions of “lot” (regs 6, 11, 16(1)) include strata and community title lots, and specific treatment exists for strata‑titled caravan bays, long‑term residential caravan bays and park homes (multiple schedule items, e.g. Sch.3 items 5, 31; Sch.4 items 5, 11).

• Water Corporation, Bunbury Water Corporation and Busselton Water Corporation. Each corporation applies and collects the charges in its schedules (Parts 3-5, Schedules 1-3). They exercise classification, meter installation/reading and estimation discretions (regs 7(2), 12(2), regs 22-23). They publish sewerage and drainage designations (regs 38(4), 45(6)) and determine consumption years for individual lots (regs 6(1), 11(1), 16(1) definitions).

• Registered pensioners, registered seniors and concession card holders. The regulations identify specific benefits and eligibility tests tied to registration under the Rates and Charges (Rebates and Deferments) Act 1992 and registration with the Water Corporation (reg 3(1) definitions; regs 9, 14, 34-36). Those who qualify receive percentage discounts and volumetric concessions, subject to conditions such as no arrears (reg 34(1)(c)) and pro rata treatment if eligibility changes mid‑period (regs 9(2), 14(2)).

• Operators of commercial caravan parks and owners of long‑term caravan bays. Special nomination and calculation rules apply: an operator may nominate bays as long‑term residential which alters the calculation of service and consumption charges for the park and provides residential volumetric allowances to nominated bays (reg 27(2)-(4); Sch.3 and Sch.4 cross‑references).

• Trade waste dischargers and holders of approvals. Discharges of trade waste into sewer under an approval are charged under Schedule 4 Div 3 and subject to special measurement and quality rules (reg 23, Sch.4 cl.32). Persons holding approvals for trade waste are directly liable for discharge charges (reg 39(3)).

• Local governments and users of standpipes. Specific charges apply for local government standpipes and hydrant standpipe hires (Sch.3 Div 1 items 20; Sch.7 cl.10). Local governments control some standpipe access and hence may be billed differently depending on use.

The regulations allocate duties to bill payers and decision rights to the Water Corporation, Bunbury and Busselton corporations and the Minister. Key duties and rights include:

• Duty to pay charges and timing. A person liable to a water service charge must pay on the day specified in the invoice. Trade waste invoices must provide at least 28 days to pay; other charges at least 14 days (reg 19(2)-(3)). Annual charges (other than quality/quantity charges) apply to the whole financial year (reg 4(1)), but pro rata calculations apply where a change of circumstances occurs during the year (reg 4(3)).

• Right to be invoiced with permitted card surcharges. An invoice may include a permitted surcharge for card payments in line with the RBA Standard No. 3 of 2016; the surcharge is payable if part or all of the invoice is paid by card (regs 15A(2)-(3), 20(2)-(3)). The regs adopt the RBA standard as the reference for what the corporation may pass on.

• Duty of Water Corporation to classify land and publish designations. The Water Corporation must classify land for charging purposes; classifications determine the applicable schedule items (regs 32, 40, 48). Sewerage and drainage designations must be published and kept up to date on the Water Corporation website (regs 38(4), 45(6)).

• Right to object to drainage designation. Before the Minister designates an area as a drainage area, the Minister must give two months’ notice and consider objections: persons with a material interest may object in writing within one month after notice in the Gazette (reg 46(1)-(3)). This gives landholders a statutory objection window specific to drainage designation.

• Duty and discretion in measurement. The Water Corporation may estimate quantities where meters are defective or unreadable using enumerated methods (adjustments from testing, historical data, typical quantities, flow rates) (reg 22). For trade waste, the Water Corporation may determine quantity and quality by reference to approved meters, waste discharge profiles, historical data, or information provided under certain permits and approvals (reg 23). The Water Corporation thus has a procedural duty to apply specified techniques but retains discretion within those techniques.

• Right to special payment arrangements. The Water Corporation may enter special payment arrangements on terms it considers appropriate having regard to a person’s circumstances, but arrangements must provide for regular instalments and cannot charge interest above the rate in reg 29 if interest is payable (reg 21(2)-(4)).

The regulations themselves do not create a wide menu of criminal or administrative sanctions in the text provided; rather, they establish billing mechanics, interest on arrears, service‑related charges and operational levers that the corporations can use. Enforcement and penalty mechanisms embedded in the instrument include:

• Interest on overdue amounts. The primary financial sanction for non‑payment is statutory interest on overdue amounts. For Bunbury Water Corporation, interest accrues daily at 11.33% per annum on unpaid parts after the due date (reg 10). For Busselton Water Corporation the rate is 11.08% per annum (reg 15). For amounts payable under Part 5 (the Water Corporation), interest accrues at the rate set in the Water Services Regulations 2013 r 82 (reg 29). Interest accruals increase the debtor’s cost and are automatic.

• Service suspension and disconnection costs. The schedules include fees for disconnecting and reconnecting services (Sch.7 cl.6 disconnecting $1,297.24; cl.5 activation charge $215.30; cl.4 connection installation costs; cl.7 relocation etc). The disconnection fee remains a fixed charge; the actual mechanics for cutting off service (other than the supply of water being cut off or reduced under s 95 of the Act) are not converted into criminal penalties in these regulations but are provided for as recoverable charges. The regulation clarifies that cutting off or reducing water under s 95 of the Act is not, for Sch.7 cl.6 purposes, "disconnecting a water supply connection" (Sch.7 cl.6(2)).

• Commercial and contractual remedies. The Water Corporation may require payment in advance for certain services (Sch.7 cl.1(2)(a)) and may seek recovery of unpaid statutory charges as debts. The regulations set timing for invoices (reg 19) and interest on arrears, which supports ordinary civil recovery processes, though the text does not itself specify enforcement litigation procedures.

• Administrative conditions and withdrawal of concessions. The Water Corporation can require registration for certain concessions and may withhold concessions where conditions are not met (eg reg 34(1)(c) requires no arrears; reg 35 requires registration and continuous occupancy). Failure to meet registration or occupancy conditions will result in administrative denial of concessionary rates.

• Charges tied to regulatory approvals. For trade waste, the Water Corporation charges the holder of the approval under which discharge occurs (reg 39(3), Sch.4 Div 3). This makes approval holders directly financially liable, and compliance failure could result in increased charges under applicable approvals or the Water Services Act enforcement mechanisms (not restated here).

The regulations are densely cross‑referenced to Commonwealth and Western Australian statute and subordinate instruments. The principal interactions in the text are as follows:

• Water Services Act 2012. The regulations are made under that Act and operate to give statutory effect to charges for services provided under licences and the Act’s scheme (the title of the instrument and multiple cross‑references reflect this). The regulations frequently reference Part numbers and approval mechanisms under the Act (eg reg 23 references approvals under the Water Services Act 2012 Part 5 Division 6 in relation to trade waste). The Act supplies the primary statutory authority for the corporations’ powers to charge, collect, disconnect or regulate services; the schedules implement the Act’s charging function.

• Water Services Regulations 2013. The regulations adopt definitions and reference provisions in the Water Services Regulations 2013 (reg 3(2) and multiple cross‑references). In particular, interest for Water Corporation overdue amounts is set at the rate in Water Services Regulations 2013 r 82 (reg 29). Metering and testing procedures in the Water Services Regulations may interact with the estimation rules in reg 22 and the meter‑testing fee item in Sch.7 cl.3.

• Rates and Charges (Rebates and Deferments) Act 1992. Definitions of eligible pensioner, registered pensioner and Commonwealth seniors health card are taken from that Act (reg 3(1) definitions) and used to determine concessions and registration status for discounts under regs 9, 14 and 34-35. Registration under that Act affects entitlement to discounts under these regulations (eg reg 36(2) excludes subregulation where entitlement has been registered under the Rates and Charges Act).

• Valuation of Land Act 1978. The definitions of GRV and the determination of vacant land for GRV‑based charges refer to the Valuation of Land Act 1978 (reg 3(1) definition of vacant land; reg 16(1) GRV definition). GRV is used extensively in Schedule 4 (sewerage charges) and Schedule 5 (drainage charges).

• Planning and Development Act 2005; Strata Titles Act 1985; Community Titles Act 2018. Definitions of "lot" and references to strata and community titles schemes reference these planning and strata statutes (regs 6, 11, 16(1)); classification of strata lots, shared fixtures, and special sub‑meter arrangements depend on these frameworks (eg Sch.3 items for strata lots, Sch.7 cl.1 and cl.2 for sub‑meter installations linked to Water Services Regulations 2013 reg 23A).

The regulations have been repeatedly amended since their initial Gazettal and commencement. The compilation table (at the end of the instrument) records the principal enactments and commencement dates; the following highlights capture the main amendment trajectory and notable inserted provisions:

• Original instrument: Water Services (Water Corporations Charges) Regulations 2014 were published 25 June 2014 and, except for regs 1-2, commenced 1 July 2014 (Comp Table; regs 1-2). These replaced the Water Agencies (Charges) By‑laws 1987, which were repealed (reg 52).

• 2014 amendments: two amending instruments in 2014 , Amendment Regulations (19 Sep 2014) and Amendment Regulations (No. 2) (15 Oct 2014) , with later commencement (1 Oct 2014 and 1 Nov 2014 respectively) to adjust transitional details (regs 62-63 inserted to manage transitional refunds and the operation of reg 5 in relation to certain amendments).

• 2015-2019 periodic fee updates: successive annual fee/charge amendment regulations adjusted dollar amounts and rates for 2015/16 through 2019/20 (see Compilation table entries for 2015, 2016, 2017, 2018, 2019 fees and charges instruments). These instruments typically commence 1 July of the relevant year.

• 2016-2017 structural changes: Water Services Amendment (Fees and Charges) Regulations 2016, Water Services Legislation Amendment Regulations 2016 and further 2017 instruments updated definitions and fee mechanics (see compilation table entries). Specific deletions and insertions occurred (eg reg 8 deleted in 2017 as noted).

• 2018: insertion of permitted surcharge provisions. Regulation 15A (permitted surcharge for credit/debit card payments) and Regulation 20 (permitted surcharge for Water Corporation invoices) were inserted on 22 June 2018 (Gazette 22 Jun 2018 p. 2212-13), adopting the RBA Standard No. 3 of 2016 as the reference. This is a notable policy addition permitting pass‑through card fees in specified circumstances.

• 2019-2021: amendments to definitions and strata/community title interactions. The regs were amended to reflect strata and community titles changes (eg Water Regulations Amendment (Strata Titles) Regulations 2019, Water Regulations Amendment (Community Titles) Regulations 2021) and fees were updated across 2020-2021 (SL 2020/95, SL 2021/80 etc). Schedule 8 (government trading organisations) was updated at various points (SL 2022/2, etc).

The regulations as compiled do not record judicial decisions or list cases. The instrument itself contains no case citations and the schedules and provisions are presented as legislative text and administrative direction rather than as annotated commentary on litigation (no cases are named in the text provided). The compilation table and "Other notes" likewise record statutory and subordinate instrument history but do not include litigation references.

Consequently, within the content of this instrument there is no litigation history to summarise. That absence means:

• The regulations should be read as primary statutory rules; any litigation that interprets particular provisions (for example, disputes over estimation under reg 22, classification under reg 32 or reg 40, or the scope of concessions under regs 34-35) will be found in separate case law reported in court databases, which is not reproduced or summarised here.

• For practitioners advising clients on likely judicial outcomes or precedent, it is necessary to search the relevant court and tribunal decisions (State courts, tribunals such as the State Administrative Tribunal where applicable) dealing with the Water Services Act 2012, the prior Water Agencies (Charges) By‑laws and the current regulations. Potential points of dispute that could attract litigation include: reclassification of land, meter reading and estimation disputes, the calculation of combined sewerage charges under Schedule 4 Division 2, and eligibility or administration of concessions.

• Administrative review avenues that may be utilised in disputes (for example, internal review processes at the Water Corporation or merits review at administrative tribunals) are not set out in the schedules and must be sourced from the Water Services Act 2012 and the Water Corporation’s customer and dispute resolution procedures.

If a client requires precedential authority on interpretation of any particular clause in these regulations, the next step is a targeted case search (State court judgments and tribunal decisions) and review of Water Corporation decision records. The regulations give statutory structure, but questions of interpretation and the precise application of discretion (eg what constitutes "satisfied" for classification, the adequacy of an estimation method applied under reg 22, or whether a concession was lawfully withheld) are matters that case law would address outside the text of the instrument.

The regulations contain many technical provisions that create trapdoors for practitioners and clients; below are concrete, source‑grounded "gotchas" to watch for when advising, auditing or contesting bills.

1. Different payment windows for different charges. Trade waste invoices must give at least 28 days to pay, but other charges require only 14 days (reg 19(3)). A trade waste customer relying on a 14‑day payment may unintentionally incur arrears or interest if the invoice is a trade waste charge that must allow 28 days.

2. Card surcharges may lawfully appear on statutory invoices, but only to the extent they are "permitted surcharges" under the RBA Standard No. 3 of 2016 as adopted by regs 15A and 20. Practitioners should confirm whether a surcharge on an invoice complies with that standard and whether the Water Corporation has correctly disclosed it.

3. Registration and arrears preconditions for concessions. Concessions for eligible pensioners and seniors (reg 34; regs 9 and 14 for Bunbury/Busselton) require registration and absence of arrears in certain contexts (eg reg 34(1)(c) states "no water supply charges ... are in arrears"). A client who believes they are entitled to a pensioner discount may have the concession denied because of an unrelated arrears position unless they rectify arrears first.

4. Estimation methods and their limits. The Water Corporation may estimate consumption where meters are faulty, removed or unreadable using specified methods (reg 22(2)(a)-(f)). However, reg 22(5) explicitly excludes trade waste from this estimation regime; trade waste estimation is governed by reg 23 with different permitted methods. This distinction is a common source of dispute where a customer assumes generic estimation rules apply to trade waste.

5. Discharge factor default is high. The default discharge factor (absent agreement with the Water Corporation) is 95% (definition in reg 16(1)). For premises that return less wastewater than that (eg laundries, greywater reuse), this default can significantly increase discharge charge liability unless the customer negotiates an agreed discharge factor.

6. Complex combined sewerage charge calculations. Schedule 4 Division 2 (combined charges) contains multi‑element formulas involving service charge P, discharge charge Q, discharge allowances H, previous‑year charges A, caps (item 30), rounding rules, and special allowances for caravan parks and nursing homes (items 14-26, 19-21, 27-30). Errors in inputs (wrong discharge factor, wrong number of major fixtures as per reg 43, or incorrect prior year data) materially affect the computed bill. Practitioners should trace each variable and the Water Corporation’s notional previous‑year estimates (reg 42) when contesting a combined charge.

Practical, source‑based steps to comply with the regulations and reduce disputes:

1. Confirm classification and register relevant entitlements. Check the Water Corporation’s recorded classification for each parcel early in the financial year (reg 25; reg 32 for water supply classification; reg 40 for sewerage classification). If eligible for concessions, ensure registration under the Rates and Charges (Rebates and Deferments) Act 1992 or registration with the Water Corporation as required (regs 3, 34, 35, 36). For reg 35 multi‑unit rebates, tenants must register with the Water Corporation and advise within 21 days of ceasing eligibility (reg 35(8)).

2. Keep meter access and readings timely. Ensure routine meter readings are accessible to the Water Corporation and arrange special meter readings where occupancy changes to trigger appropriate pro rata calculations under reg 33. Where meters are faulty, apply promptly for meter testing (Sch.7 cl.3) and keep records of tests to challenge any estimation made under reg 22.

3. Where trade waste is involved, secure approvals and metering. Trade waste discharges require approvals and approved meters (reg 23(1)-(3)); the holder of the approval is liable for charges (reg 39(3)). Keep sample data and permit records because reg 23 allows the Water Corporation to rely on historical data and permit information in calculating charges.

4. In new or changed circumstances, expect notional estimates and pro rata treatment. If a property’s circumstances change mid‑year (eg newly connected, meter size altered, change of occupancy), be prepared for notional previous‑year charges and pro rata calculations (regs 4(3), 28(3), 42). Keep historical data to challenge notional estimates where they are inaccurate.

5. Monitor sewerage and drainage designations and objection windows. For proposed drainage designations the Minister must give two months’ notice with objections permitted within one month after Gazette publication (reg 46). For sewerage and drainage area changes, check the Water Corporation’s website for up‑to‑date designations (regs 38(4), 45(6)). If you have a material interest, lodge an objection in the specified one‑month period with supporting evidence.

6. Watch for permitted card surcharges on invoices. If paying by credit or debit card, confirm whether the surcharge disclosed on a statute invoice is a permitted surcharge under RBA Standard No. 3 of 2016 (regs 15A and 20). If unsure, ask the Water Corporation to justify the surcharge or use a payment method that avoids the surcharge.