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TASMANIA
__________
WATER AND SEWERAGE INDUSTRY
(CONSEQUENTIAL AND TRANSITIONAL) BILL
2008
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential amendments
4. Legislation repealed
5. Transitional provisions
Schedule 1 Consequential Amendments
Schedule 2 Legislation repealed
[Bill 72]-I
2
WATER AND SEWERAGE INDUSTRY
(CONSEQUENTIAL AND TRANSITIONAL) BILL
2008
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend certain Acts consequential on the
enactment of the Water and Sewerage Corporations Act
2008 and the Water and Sewerage Industry Act 2008 and to
enact transitional provisions consequential on the
enactment of the Water and Sewerage Industry Act 2008
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Water and
Sewerage Industry (Consequential and
Transitional) Act 2008.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 72] 3
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3. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
4. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
5. Transitional provisions
(1) Unless the contrary intention appears, an
expression used in this section has the same
meaning as it has in the Water and Sewerage
Industry Act 2008.
(2) Where a licence under Part 6 of the Water
Management Act 1999 is the subject of a transfer
order published in the Gazette in accordance
with section 41(1) of the Water and Sewerage
Corporations Act 2008, the licence is taken to
(a) be a licence granted under the Water
Management Act 1999 to the transferee
referred to in the transfer order; and
(b) continue on the same terms and
conditions as specified in the licence
immediately before the day specified in
the transfer order as the day on which the
order takes effect, as if a reference in the
licence to the transferor referred to in that
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order were a reference to the transferee
referred to in that order.
(3) Where an environment protection notice, within
the meaning of the Environmental Management
and Pollution Control Act 1994, is the subject of
a transfer order published in the Gazette in
accordance with section 41(1) of the Water and
Sewerage Corporations Act 2008, the notice is
taken to
(a) be an environment protection notice
served under the Environmental
Management and Pollution Control Act
1994 on the transferee referred to in the
transfer order; and
(b) continue on the same terms and
conditions as specified in the notice
immediately before the day specified in
the transfer order as the day on which the
order takes effect, as if a reference in the
notice to the transferor referred to in that
order were a reference to the transferee
referred to in that order.
(4) Where a permit is taken to have been granted
under clause 3 of Schedule 6 to the
Environmental Management and Pollution
Control Act 1994 in respect of scheduled
premises which
(a) are under the control of the transferor
referred to in the transfer order published
in the Gazette in accordance with section
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41(1) of the Water and Sewerage
Corporations Act 2008; and
(b) are the subject of such an order
the permit is taken to
(c) be a permit granted under the Land Use
Planning and Approvals Act 1993 in
respect of scheduled premises which, by
virtue of the transfer order, become under
the control of the transferee; and
(d) continue on the same terms and
conditions as specified in the permit.
(5) Where a right to take water for domestic
purposes has been granted by an undertaker
under the Irrigation Clauses Act 1973 and that
right is the subject of a transfer order published
in the Gazette in accordance with section 41(1)
of the Water and Sewerage Corporations Act
2008, that right is taken to
(a) be a right granted under the Irrigation
Clauses Act 1973 to the transferee as
specified in the transfer order; and
(b) continue on the same terms and
conditions as specified in the right
immediately prior to the day specified in
the transfer order as the day on which
that order takes effect, as if a reference in
the right to the transferor referred to in
that order were a reference to the
transferee referred to in that order.
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(6) Where a customer
(a) of a council is being charged under the
Local Government Act 1993 for water
services or sewerage services; or
(b) of a bulk water authority established as a
joint authority is being charged under the
Local Government Act 1993 for water
services
the customer is taken to be a customer of the
relevant Regional Corporation, within the
meaning of the Water and Sewerage
Corporations Act 2008, until a customer contract
is entered into under Division 4 of Part 4 of the
Water and Sewerage Industry Act 2008.
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SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 3
Civil Liability Act 2002
1. Section 37 is amended by inserting after
paragraph (e) in the definition of "public or other
authority" the following paragraphs:
(ea) a Regional Corporation, or a Common
Services Corporation, within the meaning
of the Water and Sewerage Corporations
Act 2008; or
(eb) a regulated entity within the meaning of
the Water and Sewerage Industry Act
2008; or
Fire Service Act 1979
1. Section 110 is repealed and the following section
is substituted:
110. Power to use water for fires and drills, &c.,
without charge
(1) The Commission and any brigade is, at
all times
(a) to have the right to use, free of
charge, all reticulated water
mains, water plugs, valves, pipes,
and works or water supply vested
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in, or under the control of, any
regulated entity, local authority or
other public body, and of all
water in any dam, tank or well
belonging to any person, for the
purpose of extinguishing any fire;
and
(b) to have the reasonable use, free of
charge, of any of those reticulated
water mains, water plugs, valves,
pipes, and works or water supply,
for the purpose of any drill,
demonstration, practice or
competition carried out by the
Commission or a brigade.
(2) For the purposes of subsection (1),
"regulated entity" has the same meaning
as in the Water and Sewerage Industry
Act 2008.
Fluoridation Act 1968
1. Section 2 is amended by omitting "any council,
board, commission, committee, trustees, or other
person or body of persons authorized by a law to
provide, operate, manage, or control a public
water supply" from the definition of "water
supply authority" and substituting "a regulated
entity, within the meaning of the Water and
Sewerage Industry Act 2008".
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2. Section 13 is amended as follows:
(a) by omitting "any fluoridation works it is
required to construct or install under this
Act in respect of";
(b) by omitting "under its control".
Government Prices Oversight Act 1995
1. Schedule 1 is amended by omitting items 1, 2
and 3.
Irrigation Clauses Act 1973
1. Section 2(1) is amended by omitting `, except in
the case of the Local Government (Building and
Miscellaneous Provisions) Act 1993, of which
"the special Act" means Divisions 1 and 2 of
Part 6' from the definition of "the special Act".
2. Section 24(2) is amended by inserting "or a
regulated entity, within the meaning of the Water
and Sewerage Industry Act 2008" after "that
Act".
Local Government (Building and Miscellaneous Provisions)
Act 1993
1. Section 83(5)(a) is amended as follows:
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(a) by omitting subparagraph (i);
(b) by omitting from subparagraph (ii)
"sewerage or".
2. Section 86 is amended as follows:
(a) by omitting paragraphs (a) and (b) from
subsection (2);
(b) by omitting from subsection (4)(a)
"water main, common sewer or";
(c) by omitting from subsection (4)(a)
"subsection (2)(a), (b) or (c)" and
substituting "subsection (2)(c)".
3. Part 6 is repealed.
4. Division 3 of Part 8 is amended by omitting
"sewers" from the heading to that Division and
substituting "drains".
5. Section 248 is amended as follows:
(a) by omitting from subsection (1)(a)
"sewer or" three times occurring;
(b) by omitting from subsection (1)(b)
"sewer or";
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(c) by omitting from subsection (2)(a)
"sewer or";
(d) by omitting from subsection (3) "sewer
or" twice occurring.
6. Division 4 of Part 8 is amended by omitting
"Sewers and" from the heading to that Division.
7. Section 250 is repealed.
8. Section 251(3) is amended by omitting "section
25 of the Sewers and Drains Act 1954" and
substituting "section 25 of the Drains Act 1954".
9. After section 251, the following Division is
inserted in Part 8:
Division 5 Irrigation undertakings
251A. Irrigation undertakings
A provision of the Local Government Act
1993 relating to a construction rate
applies to an irrigation district
established by a council under Part 9 of
the Water Management Act 1999.
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Local Government Act 1993
1. Section 3 is amended by omitting the definitions
of "volumetric charge", "volumetric charge
notice", "volumetric charge period", "water
meter" and "water system".
2. Section 86 is amended by omitting paragraph
(ab) from the definition of "rate".
3. Section 93(1) is amended by omitting paragraphs
(a) and (b).
4. Section 94A is repealed.
5. Section 95 is amended by omitting subsections
(2), (3), (3A), (4), (5) and (6).
6. Section 96 is amended by omitting the
definitions of "drainage district" and "water
district" and substituting the following
definition:
"drainage district" means a district
appointed, defined and named as such
under the Drains Act 1954.
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7. Section 97 is amended as follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A council, when making a
general rate in respect of each
financial year, may make a
construction rate or construction
charge for that financial year in
respect of land that is within a
drainage district and more than
30 metres, at the nearest
boundary, from the council's pipe
supplying a drain connection.
(b) by omitting from subsection (2)
"supplied with water or";
(c) by omitting from subsection (2) "or
sewer".
8. Section 98(1) is amended by omitting "water
district, sewerage district or".
9. Section 99(a) is amended as follows:
(a) by omitting "supplied with water or";
(b) by omitting "sewer or".
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10. Section 107(1) is amended by omitting
paragraph (ba).
11. Section 120 is amended as follows:
(a) by omitting from subsection (4) "or
volumetric charge notice";
(b) by omitting subsection (6).
12. Section 122(1) is amended by omitting ", other
than a volumetric charge,".
13. Section 123A is repealed.
14. Part 9A is repealed.
15. Section 208(2) is amended by omitting ", section
60 of the Waterworks Clauses Act 1952 and
section 13 of the Sewers and Drains Act 1954"
and substituting "and section 13 of the Drains
Act 1954".
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Midway Point Improvement Act 1975
1. Section 3(1)(b) is amended by omitting "section
8 of the Sewers and Drains Act 1954" and
substituting "section 8 of the Drains Act 1954".
Plumbers and Gas-fitters Registration Act 1951
1. Section 9(2B) is amended by omitting "sewerage
or drainage district appointed under the Sewers
and Drains Act 1954" and substituting "drainage
district appointed under the Drains Act 1954".
Public Health Act 1997
1. Section 3 is amended as follows:
(a) by omitting the definition of "private
water source" and substituting the
following definition:
"private water source" means any
water used or supplied for human
consumption, other than water
supplied by a regulated entity;
(b) by inserting the following definition after
the definition of "registered":
"regulated entity" means a regulated
entity within the meaning of the
Water and Sewerage Industry Act
2008;
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2. Section 128 is amended as follows:
(a) by omitting from subsection (1) "or" first
occurring and substituting ", regulated
entity or other";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) If the Director receives a
notification under subsection (1),
the Director is to notify any
relevant public authority or
regulated entity if the notification
relates to water it is managing or
in control of.
(c) by inserting the following subsection
after subsection (3):
(4) If a regulated entity receives a
report from an environmental
health officer or the Director, or
itself identifies, that the quality of
water the regulated entity is
managing or is in control of is, or
is likely to become, a threat to
public health, the regulated entity
must take any necessary and
practicable action in accordance
with any relevant guidelines to
prevent the threat by
(a) restricting or preventing
the use of water; or
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(b) rendering the water safe;
or
(c) giving warnings and
information to the public
about the safe use of
water or the risk of using
water.
3. Section 129 is amended as follows:
(a) by inserting in subsection (1)(f) ",
regulated entity" after "authority";
(b) by omitting from subsection (3) "or a
council may" and substituting ", an
environmental health officer or a public
authority may".
4. Section 130 is amended as follows:
(a) by inserting in subsection (2) ", regulated
entity" after "authority";
(b) by inserting in subsection (3) ", regulated
entity" after "authority".
5. Section 131(2) is amended by inserting ",
regulated entity" after "authority".
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6. Section 132 is amended as follows:
(a) by inserting in subsection (1) ", regulated
entity" after "authority";
(b) by inserting in subsection (3) ", regulated
entity" after "any Agency, public
authority";
(c) by inserting in subsection (3) ", regulated
entity" after "the Agency, public
authority".
7. Section 133(1) is amended by inserting ",
regulated entity" after "authority".
Sewers and Drains Act 1954
1. The long title is amended by omitting "sewerage
and".
2. Section 1 is amended by omitting "Sewers and".
3. Section 2 is amended as follows:
(a) by omitting "sewers and drains" first
occurring from the definition of
"associated works" in subsection (1) and
substituting "drains and systems";
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(b) by omitting "sewers and" second
occurring from the definition of
"associated works" in subsection (1);
(c) by omitting the definition of "cesspool"
from subsection (1);
(d) by omitting the definition of "common
sewer" from subsection (1) and
substituting the following definition:
"common drain" means a drain, other
than a natural watercourse, into
which any person who so desires
may under this Act or otherwise
discharge natural water or
concentrated natural water from
his or her land;
(e) by omitting "sewerage district or" from
the definition of "district" in subsection
(1);
(f) by omitting the definition of "private
sewer" from subsection (1) and
substituting the following definition:
"private drain" means a drain other
than a common drain;
(g) by omitting the definition of "sewage
disposal works" from subsection (1);
(h) by omitting "sewerage system or" from
the definition of "system" in subsection
(1);
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(i) by omitting paragraph (a) from
subsection (2).
4. Part II is amended by omitting "SEWERAGE
AND" from the heading to that Part.
5. Section 3 is amended as follows:
(a) by omitting from subsection (1) "sewers"
twice occurring and substituting "drains";
(b) by omitting from subsection (1) "sewage
disposal works or otherwise," and
substituting "drains, systems or
associated works,";
(c) by omitting subsection (2).
6. Section 4 is amended as follows:
(a) by omitting subsection (2);
(b) by omitting from subsection (3) "shall"
twice occurring and substituting "may".
7. Section 6(1) is amended by omitting `"The
(name of District) Sewerage (or Drainage)
District"' and substituting `"The (name of
District) Drainage District"'.
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8. Section 7 is amended as follows:
(a) by omitting from subsection (1)(c)
"sewerage or";
(b) by omitting from subsection (2)
"sewerage or".
9. Section 8 is amended as follows:
(a) by omitting paragraphs (d), (e), (f), (g),
(h), (i) and (j) from subsection (2);
(b) by omitting paragraphs (d), (e), (f), (g),
(h), (i) and (j) from subsection (3).
10. Section 10 is amended as follows:
(a) by omitting from subsection (1) "sewers"
and substituting "drains";
(b) by omitting from subsection (1) "sewer"
twice occurring and substituting "drain";
(c) by omitting from subsection (1) "sewage
disposal works" and substituting "a
system";
(d) by omitting from subsection (5) "sewer"
first occurring and substituting "drain";
(e) by omitting from subsection (5) "sewers
or sewage disposal works" and
substituting "drains or system";
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(f) by omitting from subsection (5) "sewage
to the sewer" and substituting "discharge
into the drain";
(g) by omitting from subsection (6) "sewers"
and substituting "drains";
(h) by omitting from subsection (6) "sewer"
twice occurring and substituting "drain";
(i) by omitting from subsection (6)
"sewage" and substituting "natural water
or concentrated natural water".
11. Section 11 is amended as follows:
(a) by omitting from subsection (1) "sewer
or sewage disposal works" and
substituting "drain, system or associated
works";
(b) by omitting from subsection (1) "sewer
or works" and substituting "drain, system
or associated works";
(c) by omitting from subsection (2) "sewer
or works" and substituting "drain, system
or associated works";
(d) by omitting from subsection (3) "sewers
or sewage disposal works" and
substituting "drains, systems or
associated works";
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(e) by omitting from subsection (6)(a)
"sewer or works" and substituting "drain,
system or associated works";
(f) by omitting from subsection (6)(b)
"sewer" and substituting "drain";
(g) by omitting from subsection (6)(c)
"sewer" and substituting "drain";
(h) by omitting from subsection (6)(c)
"sewage" and substituting "discharge";
(i) by omitting from subsection (6)(d)
"sewer or works" and substituting "drain,
system or associated works";
(j) by omitting from subsection (7) "sewer"
twice occurring and substituting "drain";
(k) by omitting from subsection (8) "sewer"
and substituting "drain";
(l) by omitting from subsection (9) "sewer
or sewage disposal works" and
substituting "drain, system or associated
works";
(m) by omitting from subsection (10) "sewer
or sewage disposal works" and
substituting "drain, system or associated
works";
(n) by omitting from subsection (11) "sewer"
four times occurring and substituting
"drain".
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12. Section 12 is amended as follows:
(a) by omitting from subsection (1) "sewer
or sewage disposal works" and
substituting "drain, system or associated
works";
(b) by omitting from subsection (1) "sewer
or works" three times occurring and
substituting "drain, system or associated
works";
(c) by omitting from subsection (2) "sewer
or sewage disposal works" and
substituting "drain, system or associated
works".
13. Section 12A is repealed.
14. Section 13 is amended as follows:
(a) by omitting "sewers" first occurring and
substituting "drains, other than natural
watercourses,";
(b) by omitting from paragraph (a)
"sewerage" and substituting "drainage";
(c) by omitting from paragraph (b) "sewers"
and substituting "drains";
(d) by omitting from paragraph (c) "sewers"
and substituting "drains".
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15. Section 15 is amended as follows:
(a) by omitting from subsection (1) "sewer"
twice occurring and substituting "drain";
(b) by omitting from subsection (2) "sewer"
four times occurring and substituting
"drain";
(c) by omitting from subsection (2) "drains"
and substituting "discharges";
(d) by omitting paragraph (a) from
subsection (3);
(e) by omitting from subsection (3)(b)
"sewers" and substituting "drains".
16. Section 16 is amended as follows:
(a) by omitting from subsection (1)(a)
"sewers and";
(b) by omitting paragraph (b) from
subsection (1);
(c) by omitting from subsection (1)(d)
"sewer or any sewage disposal works"
and substituting "drain";
(d) by omitting from subsection (2)(a)
"Sewers and drains" and substituting
"Drains";
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(e) by omitting from subsection (2)(b)
"Sewers and drains" and substituting
"Drains";
(f) by omitting paragraphs (c) and (d) from
subsection (2);
(g) by omitting from subsection (3) "sewers
and";
(h) by omitting from subsection (3)(a)(i)
"sewer" and substituting "drain";
(i) by omitting from subsection (3)(b)
"sewer" and substituting "drain".
17. Section 17 is amended as follows:
(a) by omitting from subsection (1) "sewer
or drain or any sewage disposal works"
and substituting "drain, system or
associated works";
(b) by omitting from subsection (3) "sewer
or".
18. Section 18 is amended as follows:
(a) by omitting from subsection (1) "sewers
and" first occurring;
(b) by omitting from subsection (1) "sewers
and drains as well as to the laying and
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maintenance of water mains and pipes"
and substituting "drains";
(c) by omitting from subsection (2) "sewer
or".
19. Section 21(5) is amended by omitting "sewers
and".
20. Section 22(1) is amended as follows:
(a) by omitting "commissioners of sewers"
and substituting "Corporation, within the
meaning of the Water and Sewerage
Corporations Act 2008";
(b) by omitting "those commissioners" and
substituting "the relevant Corporation".
21. Section 25 is amended as follows:
(a) by omitting from subsection (3) "sewer
or";
(b) by omitting from subsection (3) "or
sewage treatment or disposal works, or
sewage farm," and substituting "system
or associated works";
(c) by omitting from subsection (4) "sewer
or";
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(d) by omitting from subsection (4) "sewer"
second occurring and substituting
"drain".
22. Section 26(1) is amended by omitting "Sewers"
and substituting "Drains".
23. Section 27(1) is amended by omitting "sewer,".
24. Section 29 is repealed.
25. Section 30 is amended by omitting subsection
(7) and substituting the following subsections:
(7) A land owner who receives a notice
under subsection (6) may, within the
thirty days or such further time as the
local authority may allow, object by
notice to the amount of the claim on the
ground
(a) that the total amount divided
under subsection (6) contains
some amount not properly
included; or
(b) that the portion claimed is
excessive or unreasonable.
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(8) Any objection made under
subsection (7), until dealt with by the
local authority, bars all proceedings on
the local authority's claim, and the local
authority may
(a) accept the objection, in which
case it is to give effect to it; or
(b) agree with the land owner on his
or her liability; or
(c) confirm the amount of its claim.
(9) A land owner who is aggrieved by the
decision of the local authority under
subsection (8)(c) may apply to the
Magistrates Court (Administrative
Appeals Division) for a review of the
decision.
(10) In addition to its power under the
Magistrates Court (Administrative
Appeals Division) Act 2001, the
Magistrates Court (Administrative
Appeals Division) may
(a) order the local authority to leave
out of account any amount not
properly included in the total
amount divisible under
subsection (6) and to recalculate
the amounts payable by the
several land owners; or
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(b) reduce the amount to be
recovered from the objecting land
owner.
(11) No defence which might have been
raised by way of objection under this
section is admissible in proceedings by
the local authority for the recovery of
moneys due under this section.
(12) At the expiry of a notice under
subsection (6), the amount claimed in the
notice is a charge on the land and
recoverable, by the local authority from
the land owner to whom the notice was
given, under the Local Government Act
1993.
(13) Where a land owner objects under
subsection (7), the operation of
subsection (12) is
(a) wholly suspended until
proceedings on the objection are
terminated, if the objection is on
the ground set out in
paragraph (a) of subsection (7);
or
(b) suspended in respect of the
objector's land until proceedings
on the objection are terminated, if
the objection is on the ground set
out in paragraph (b) of
subsection (7).
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26. Section 31(4) is amended by omitting
"subsection (5) of section twenty-nine" and
substituting "subsection (7) of section 30".
27. Section 34 is amended as follows:
(a) by omitting from subsection (1) "sewers"
first occurring and substituting "drains";
(b) by omitting from subsection (1)
"sewers,";
(c) by omitting from subsection (1) "sewer,";
(d) by omitting from subsection (1) "sewers"
third occurring and substituting "drains";
(e) by omitting from subsection (3)
"sewers," twice occurring.
28. Part V is amended by omitting "SEWERS
AND" from the heading to that Part.
29. Section 36 is amended by omitting "sewers,
drains, and other works" and substituting
"drains, systems or associated works".
30. Section 37 is amended as follows:
(a) by omitting from subsection (1) "sewer"
twice occurring and substituting "drain";
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(b) by omitting from subsection (1) "sewage
or";
(c) by omitting from subsection (2) "sewer"
four times occurring and substituting
"drain";
(d) by omitting from subsection (2) "sewers
or".
31. Section 38 is amended as follows:
(a) by omitting from subsection (1)(a)
"sewer" and substituting "drain";
(b) by omitting from subsection (1)(b)
"sewer" twice occurring and substituting
"drain";
(c) by omitting from subsection (1) "sewer"
fourth occurring and substituting "drain";
(d) by omitting from subsection (2) "sewer"
and substituting "drain";
(e) by omitting from subsection (3) "sewer"
and substituting "drain".
32. Part VI is amended by omitting "SEWERS
AND" from the heading to that Part.
33. Section 39 is amended as follows:
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(a) by omitting from subsection (1) "sewer
or";
(b) by omitting from subsection (2) "sewer
or".
34. Section 40 is amended as follows:
(a) by omitting from subsection (1) "system
other than a general or limited sewerage
system or a sanitary drainage system"
and substituting "drainage system";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) Simple sullage water is not to be
discharged into any drainage
system.
(c) by omitting from subsection (3)(b)
"sewer" and substituting "drain";
(d) by omitting from subsection (3)(d) "a
land drainage, urban land drainage,
stormwater drainage, household
drainage, or general sewerage system"
and substituting "an urban land drainage
system or a stormwater drainage system".
35. Section 41 is amended as follows:
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(a) by omitting from subsection (1)(a)
"sewer" and substituting "drain";
(b) by omitting from subsection (1)(b)
"sewer or";
(c) by omitting from subsection (1)(b)
"sewer" second occurring and
substituting "drain";
(d) by omitting from subsection (1)(b)
"sewer" third occurring and substituting
"drain";
(e) by omitting from subsection (1A)
"sewer" and substituting "drain";
(f) by omitting from subsection (3)(a)
"sewage disposal works" and substituting
"drain, system or associated works";
(g) by omitting from subsection (3)(a)
"works" second occurring and
substituting "drain, system or associated
works";
(h) by omitting from subsection (3)(a)
"works" third occurring and substituting
"drain, system or associated works".
36. Section 43 is amended by omitting "sewer" and
substituting "drain".
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37. Section 44 is amended as follows:
(a) by omitting from subsection (1) "sewer"
and substituting "drain";
(b) by omitting from subsection (4) "sewer"
and substituting "drain".
38. Section 45 is amended as follows:
(a) by omitting from subsection (1) "sewer"
four times occurring and substituting
"drain";
(b) by omitting from subsection (3) "sewer"
three times occurring and substituting
"drain";
(c) by omitting from subsection (5) "sewer"
and substituting "drain";
(d) by omitting from subsection (6) "sewer"
and substituting "drain".
39. Section 47 is amended as follows:
(a) by omitting from subsection (1) "sewer"
first occurring and substituting "drain";
(b) by omitting from subsection (1) "sewer
or a cesspool," and substituting "drain";
(c) by omitting from subsection (1) "sewer"
third occurring and substituting "drain";
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(d) by omitting from subsection (1) "sewer"
fourth occurring and substituting "drain";
(e) by omitting from subsection (1) "sewer
and fill up the cesspool, if any," and
substituting "drain,";
(f) by omitting from subsection (2) "sewer"
and substituting "drain".
40. Section 50 is amended as follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) This section applies in
(a) land drainage districts;
and
(b) urban land drainage
districts; and
(c) stormwater drainage
districts.
(2) Where a new building is erected,
the local authority may require,
by refusal to grant a permit under
the Building Act 2000, the
building owner
(a) in the case of a land
drainage district, to make
satisfactory provision for
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the carrying off of natural
water from the building
curtilage or grounds into
the system for the district;
and
(b) in the case of an urban
land drainage district, to
make satisfactory
provision for the carrying
off of natural water or
concentrated natural water
from the building and its
curtilage or grounds into
the system for the district;
and
(c) in the case of a
stormwater drainage
district, to make
satisfactory provision for
the carrying off of
concentrated natural water
from the building and its
curtilage into the system
for the district.
(b) by omitting from subsection (4)(a)
"sewer" and substituting "drain";
(c) by omitting from subsection (5) "sewer"
twice occurring and substituting "drain".
41. Section 51 is amended as follows:
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(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) If it appears to the local authority
that, in the case of a building,
satisfactory provision has not
been, and ought to be, made for
the carrying off of
(a) natural water; or
(b) natural water, whether
concentrated or not; or
(c) concentrated natural
water
the local authority is to, by notice,
require the owner or occupier, as
the case may require, of the
building to take appropriate
action as provided in
subsection (2).
(2) For the purposes of subsection
(1)
"appropriate action" means
to make satisfactory
provision for the carrying
off from the building of
(a) natural water; or
(b) natural water, whether
concentrated or not; or
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(c) concentrated natural
water.
(b) by omitting subsection (4);
(c) by omitting subsections (6) and (7).
42. Section 51A is amended as follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) This section applies in
(a) land drainage districts;
and
(b) urban land drainage
districts; and
(c) stormwater drainage
districts.
(b) by omitting from subsection (2) "sewer"
and substituting "drain".
43. Section 52(1) is amended as follows:
(a) by omitting "sewer" first occurring and
substituting "drain";
(b) by omitting "sewer" second occurring
and substituting "drain";
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(c) by omitting from paragraph (a) "sewer"
and substituting "drain";
(d) by omitting from paragraph (b) "sewer"
and substituting "drain".
44. Section 54 is amended as follows:
(a) by omitting from subsection (1) "sewer"
twice occurring and substituting "drain";
(b) by omitting from subsection (3) "sewer"
and substituting "drain".
45. Section 57 is repealed.
46. Section 59 is amended by omitting subsection
(2).
47. Section 63 is repealed.
48. Part X is repealed.
49. Section 76 is amended by omitting "sewerage"
and substituting "drainage".
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50. Section 77 is amended by omitting "sewerage
authority or".
51. Section 78(1) is amended as follows:
(a) by omitting from paragraph (c)
"sewerage authority or";
(b) by omitting from paragraph (d)(ii)
"sewer or" and substituting "drain,
system or".
52. Section 86 is amended as follows:
(a) by omitting from subsection (1)
"sewerage authority or";
(b) by omitting paragraph (a) from
subsection (3);
(c) by omitting from subsection (5)
"sewerage authority or".
Tasmanian Public Finance Corporation Act 1985
1. The definition of "participating authority" in
section 3(1) is amended as follows:
(a) by omitting from paragraph (c) "Crown;"
and substituting "Crown; or";
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(b) by inserting the following paragraph after
paragraph (c):
(d) a Regional Corporation, or the
Common Services Corporation,
within the meaning of the Water
and Sewerage Corporations Act
2008;
Water Management Act 1999
1. The definition of "water entity" in section 3(1) is
amended as follows:
(a) by omitting from paragraph (g)
"Cooperatives Act 1999 " and
substituting "Cooperatives Act 1999; or";
(b) by inserting the following paragraph after
paragraph (g):
(h) a Regional Corporation within the
meaning of the Water and
Sewerage Corporations Act
2008
2. Section 166 is amended as follows:
(a) by omitting from subsection (1)(e)
"applies." and substituting "applies;
and";
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(b) by inserting the following paragraph after
paragraph (e) in subsection (1):
(f) a Regional Corporation within the
meaning of the Water and
Sewerage Corporations Act 2008.
(c) by omitting subsection (2).
Waterworks Clauses Act 1952
1. Section 2 is amended by omitting ", including
Part 6 of the Local Government (Building and
Miscellaneous Provisions) Act 1993" from the
definition of "the special Act".
2. Section 27(1) is amended by omitting ", or, if the
undertakers are a municipal council, within their
municipality,".
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SCHEDULE 2 LEGISLATION REPEALED
Section 4
Hobart Regional Water (Arrangements) Act 1996 (No. 58 of
1996)
Northern Regional Water (Arrangements) Act 1997 (No. 17 of
1997)
North West Regional Water (Arrangements) Act 1997 (No. 54
of 1997)
Government Printer, Tasmania 45