120 Transitional
(1) In this section:
Authority means the Power and Water Authority established by
section 4 of the Power and Water Authority Act 1987.
Repealed Act means the Acts repealed by section 119.
(2) Subject to this section, if, immediately before the commencement of
this Act, a person was providing a water supply service or
sewerage service to the owner of land in the Territory, the person
may continue to provide the service after the commencement as if
this Act had not commenced.
(3) Subsection (2) ceases to apply:
(a) if the person is granted a licence or an exemption under this
Act; or
(b) 12 months after the commencement of this Act,
whichever occurs first.
(4) On the commencement of this Act, the Authority is to be taken to
have been granted a licence in respect of each area that under
section 10 of the Repealed Act had been declared to be a water
district or sewerage district.
(5) Subsection (4) ceases to apply to an area referred to in that
subsection:
(a) if the Authority is granted a licence under this Act in respect of
the area; or
(b) 12 months after the commencement of this Act,
Water Supply and Sewerage Services Act 2000 63
whichever occurs first.
(6) Despite anything in this Act, the Utilities Commission may in
respect of a licence taken to have been granted under
subsection (4), exempt the Authority, in part or in whole and subject
to the conditions that it thinks fit, from a requirement imposed on a
licensee by this Act.
(7) In this Act, a reference:
(a) to a licence includes a licence taken to have been granted to
the Authority under subsection (4);
(b) to a licensee includes the Authority in respect of a licence
taken to have been granted under subsection (4); and
(c) to a licence area includes a water district or sewerage district
in respect of which a licence is taken to have been granted
under subsection (4).
(8) If, immediately before the commencement of this Act, a person was
an authorized person appointed under the Repealed Act, the
person, on the commencement of this Act:
(a) is to be taken to have been appointed as a services officer by
the Authority under section 55; and
(b) while the appointment remains in force – may exercise his or
her powers under this Act in respect of a licence taken to have
been granted under subsection (4) or that is granted to the
Authority under this Act.
(9) If, immediately before the commencement of this Act, an amount
was required to be paid under section 12A or 13B of the Repealed
Act, the amount outstanding remains payable to the Authority in
accordance with the section and, for that purpose, sections 12A
and 13B are to be taken not to have been repealed.
(10) In respect of a licence taken to have been granted under
subsection (4), the charges that the Authority may require a
customer to pay for water supply or sewerage services under the
licence are, despite section 59(2), those applying immediately
before the commencement of this Act to the customer under the
Repealed Act.
(11) If, immediately before the commencement of this Act, a parcel of
land was the subject of an overriding statutory charge in respect of
a charge payable under section 13A of the Repealed Act, the
amount outstanding remains payable to the Authority in accordance
with that section and, for that purpose, section 13A is to be taken
Water Supply and Sewerage Services Act 2000 64
not to have been repealed.
(12) If, immediately before the commencement of this Act:
(a) a water supply service was being provided to a person under
an agreement entered into under section 19 of the Repealed
Act; or
(b) a sewerage service was made available to a person under an
agreement entered into under section 19A of the Repealed
Act,
the terms and conditions of the agreement continue to apply to the
water supply service and the sewerage service unless otherwise
agreed between the Authority and the person.
(13) Despite section 82, a person may discharge trade waste into a
licensee's sewerage services infrastructure if, immediately before
the commencement of this Act, the person was permitted to do so
under a trade waste agreement entered into under section 47 of the
Repealed Act.
(14) Subsection (13) applies until the trade waste agreement entered
into under section 47 of the Repealed Act is terminated.
(15) For the purposes of subsections (13) and (14), Part IV of the
Repealed Act is to be taken not to have been repealed.
(16) Despite section 119, Part III and section 54 of the Repealed Act
and the Water Supply and Sewerage Regulations 2002 (so far as
they relate to Part III) continue in force as if this Act had not
commenced until the Building Act 1993 is amended to regulate
plumbing and drainage work.
(17) On the commencement of this Act:
(a) an approval given under section 59 of the Repealed Act is to
be taken to be an approval given under section 93; and
(b) a condition of an approval imposed under section 59(4) of the
Repealed Act is to be taken to be a condition imposed under
section 93(5).
Division 2 Statute Law Amendment (Directors' Liability) Act 2015
Water Supply and Sewerage Services Act 2000 65
Division 2 Statute Law Amendment (Directors' Liability)
Act 2015
121 Offences – before and after commencement
(1) Section 112, as inserted by the Statute Law Amendment (Directors'
Liability) Act 2015, (the new section) applies in relation to a
relevant offence committed by a body corporate after the
commencement of Part 2, Division 42 of that Act (the
commencement) only if:
(a) all the conduct constituting the relevant offence occurred after
the commencement; and
(b) all the conduct of the executive officer constituting the offence
against the new section occurred after the commencement.
(2) Section 112, as in force before the commencement:
(a) continues to apply in relation to offences committed by a
corporation before the commencement; and
(b) applies in relation to relevant offences committed by a body
corporate after the commencement to which, as a result of
subsection (1), the new section does not apply.
Water Supply and Sewerage Services Act 2000 66
section 119
Water Supply and Sewerage Act 1983 Act No. 12, 1983
Water Supply and Sewerage Amendment Act 1986 Act No. 69, 1986
Water Supply and Sewerage Amendment Act
(No. 2) 1986
Act No. 71, 1986
Water Supply and Sewerage Amendment Act 1987 Act No. 22, 1987
Water Supply and Sewerage Amendment Act 1991 Act No. 58, 1991
Water Supply and Sewerage Amendment Act 1989 Act No. 72, 1989
Water Supply and Sewerage Amendment Act 1993 Act No. 34, 1993
Water Supply and Sewerage Amendment Act 1994 Act No. 83, 1994
Water Supply and Sewerage Amendment Act 1998 Act No. 26, 1998
Water Supply and Sewerage Services Act 2000 67
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Water Supply and Sewerage Services Act 2000 (Act No. 75, 2000)
Assent date 15 December 2000
Commenced 1 January 2001 (s 2)
Unit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,
2001)
Assent date 28 June 2001
Commenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act
No. 14, 2001) and Gaz G8, 27 February 2002, p 6)
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,
2001) and Cth Gaz S285, 13 July 2001)
Water Supply and Sewerage Services Amendment Act 2001 (Act No. 32, 2001)
Assent date 19 July 2001
Commenced 19 July 2001
Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)
Assent date 11 December 2001
Commenced 11 December 2001
Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)
Assent date 7 November 2002
Commenced 7 November 2002
Water Supply and Sewerage Services Act 2000 68
Unit Title Schemes Act 2009 (Act No. 14, 2009)
Assent date 26 May 2009
Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):
1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,
Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related
Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz
S30, 26 June 2009, p 1)
Personal Property Securities (National Uniform Legislation) Implementation Act 2010
(Act No. 30, 2010)
Assent date 9 September 2010
Commenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);
rem: 25 November 2011 (Gaz S68, 25 November 2011)
Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)
Assent date 18 November 2010
Commenced 1 February 2011 (Gaz S6, 1 February 2011)
Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010
(Act No. 41, 2010)
Assent date 8 December 2010
Commenced 1 January 2011 (Gaz G, December 2010, p )
Public and Environmental Health Act 2011 (Act No. 7, 2011)
Assent date 16 March 2011
Commenced 1 July 2011 (Gaz S28, 3 June 2011)
Emergency Management Act 2013 (Act No. 27, 2013)
Assent date 8 November 2013
Commenced 20 September 2013 (Gaz S63, 27 November 2013)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date 2 June 2014
Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014
(s 2)
Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)
Assent date 18 September 2015
Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Utilities Legislation Amendment Act 2020 (Act No. 16, 2020)
Assent date 24 April 2020
Commenced 25 April 2020 (s 2)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Water Supply and Sewerage Services Act 2000 69
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 6, 7, 16, 17, 35, 60, 61,
63, 81 and 120.
4 LIST OF AMENDMENTS
s 4 amd No. 15, 2001, s 12; No. 14, 2009, s 178; No. 7, 2011, s 140; No. 19,
2014, s 26
s 14 amd No. 38, 2010, s 4
s 25A ins No. 30, 2010, s 56
s 27 amd No. 38, 2010, s 4
s 33 amd No. 38, 2010, s 4
s 37 amd No. 38, 2010, s 4
s 40 amd No. 38, 2010, s 4
s 43 amd No. 38, 2010, s 4
s 46 amd No. 38, 2010, s 4
ss 51 – 52 amd No. 38, 2010, s 4
ss 57 – 58 amd No. 38, 2010, s 4
s 60 amd No. 16, 2020, s 6
s 62 amd No. 38, 2010, s 4
s 65 amd No. 38, 2010, s 4
s 69 amd No. 38, 2010, s 4
s 74 amd No. 38, 2010, s 4
s 78 amd No. 38, 2010, s 4
s 80 amd No. 38, 2010, s 4
s 81 amd No. 27, 2013, s 128
s 82 amd No. 59, 2002, s 5; No. 38, 2010, s 4
s 84 amd No. 38, 2010, s 4
s 86 amd No. 38, 2010, s 4
ss 88 – 91 amd No. 38, 2010, s 4
s 92 amd No. 26, 2020, s 3
ss 93 – 104 amd No. 38, 2010, s 4
ss 107 – 108 amd No. 8, 2016, s 45
s 112 sub No. 26, 2015, s 129
s 115 amd No. 32, 2001, s 2
s 117 amd No. 17, 2001, s 21
s 118 amd No. 41, 2010, s 30
pt 7 hdg ins No. 26, 2015, s 130
pt 7
div 1 hdg ins No. 26, 2015, s 130
s 120 amd No. 62, 2001, s 15
pt 7
div 2 hdg ins No. 26, 2015, s 131
s 121 ins No. 26, 2015, s 131