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TASMANIA
__________
WATER AND SEWERAGE LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 WATER AND SEWERAGE INDUSTRY AMENDMENT ACT
2008 AMENDED
3. Principal Act
4. Section 7 amended (Part 4, Division 2A inserted)
PART 3 BUILDING ACT 2000 AMENDED
5. Principal Act
6. Section 3 amended (Interpretation)
7. Section 77 amended (Special plumbing permit)
8. Section 112 amended (Completion of building work)
9. Section 113 amended (Completion of plumbing work)
10. Section 204 amended (Functions of Appeal Board)
PART 4 LOCAL GOVERNMENT (BUILDING AND
MISCELLANEOUS PROVISIONS) ACT 1993 AMENDED
11. Principal Act
12. Section 83 amended (Approval of plan of subdivision)
[Bill 36]-XI
PART 5 WATER AND SEWERAGE CORPORATIONS ACT 2008
AMENDED
13. Principal Act
14. Section 41 amended (Notice of transfer)
15. Section 44A inserted
44A. Transfer of interests in part of land
PART 6 VALIDATION
16. Validation of grant of licences
PART 7 TRANSITIONAL PROVISIONS
17. Interpretation
18. Applications under Land Use Planning and Approvals Act 1993
not determined before commencement day
19. Applications under Building Act 2000 not determined before
commencement day
20. Provisions in respect of certain applications, agreements and
permits relating to trade waste
21. Regulated entity to honour obligations under permits already
issued or applied for
22. Certain terms and conditions of permits and agreements to
become customer contracts
23. Time limits for actions may be extended by Minister
SCHEDULE 1 WATER LICENCES
2
WATER AND SEWERAGE LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2009
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend various Acts, to validate certain licences,
and to enact transitional provisions, relating to the
provision of water and sewerage services
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Water and
Sewerage Legislation (Miscellaneous
Amendments) Act 2009.
2. Commencement
(1) Parts 1, 2 and 5 commence on 30 June 2009 but
if this Act does not receive the Royal Assent by
30 June 2009 those Parts are taken to have
commenced on 30 June 2009.
(2) The remaining provisions of this Act commence
on 1 July 2009 but if this Act does not receive
the Royal Assent by 1 July 2009 those
[Bill 36] 3
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 2 Part 1 Preliminary
provisions are taken to have commenced on 1
July 2009.
4
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 3
PART 2 WATER AND SEWERAGE INDUSTRY
AMENDMENT ACT 2008 AMENDED
3. Principal Act
In this Part, the Water and Sewerage Industry
Amendment Act 2008* is referred to as the
Principal Act.
4. Section 7 amended (Part 4, Division 2A inserted)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting "applies." from the definition
of "permitted development permit" in
section 56N and substituting "applies;";
(b) by inserting the following definition after
the definition of "permitted development
permit" in section 56N:
"relevant regulated entity", in
relation to an application, means
the regulated entity in relation to
which an occupier or owner of
the building or land to which the
application relates is, or is likely
to become, a customer.
*No. 51 of 2008
5
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 4 Part 2 Water and Sewerage Industry Amendment Act 2008 amended
(c) by inserting the following Subdivision
after section 56T:
Subdivision 3A Building and plumbing works
certificates
56TA. Interpretation
In this Subdivision
"building" includes a
proposed building, part of
a building, a structure and
part of a structure;
"building work" has the same
meaning as in the
Building Act 2000 and
includes a stage of
building work;
"certifiable work", for
building work or
plumbing work, means so
much of the work as is
water- or sewerage-
related work;
"certificate for certifiable
work (building)" means
a certificate, referred to in
section 56TC(3), that is
issued under
section 56TC;
6
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 4
"certificate for certifiable
work (plumbing)" means
a certificate, referred to in
section 56TC(4), that is
issued under
section 56TC;
"excluded works", in relation
to a regulated entity,
means
(a) building work that
is specified, in a
policy made under
section 56TF by
the entity, to be a
type of building
work in relation to
which the entity
does not require
that its consent be
given; or
(b) plumbing work
that is specified, in
a policy made
under
section 56TF by
the entity, to be a
type of plumbing
work in relation to
which the entity
does not require
that its consent be
given;
7
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 4 Part 2 Water and Sewerage Industry Amendment Act 2008 amended
"owner" includes an agent of
an owner;
"permit authority" has the
same meaning as in the
Building Act 2000;
"plumbing work" has the
same meaning as in the
Building Act 2000 and
includes a stage of
plumbing work;
"relevant permit authority",
in relation to water- or
sewerage-related work
that forms all or part of
(a) building works,
means the permit
authority to which
an application has
been made under
the Building Act
2000 for a
building permit in
respect of the
building works;
and
(b) plumbing works,
means the permit
authority to which
an application has
been made under
8
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 4
the Building Act
2000 for a
plumbing permit,
or a special
plumbing permit,
in respect of the
plumbing works;
"relevant regulated entity",
in relation to a building or
land, means the regulated
entity in relation to which
an occupier or owner of
the building or land is, or
is likely to become, a
customer;
"water- or sewerage-related
work", in relation to a
building or land, means
building work, or
plumbing work, that, if
carried out on the building
or the land, is likely to
(a) increase the
demand for water
supplied by a
regulated entity;
or
(b) increase or
decrease the
amount of sewage
or toxins that is to
9
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 4 Part 2 Water and Sewerage Industry Amendment Act 2008 amended
be removed by, or
discharged into, a
regulated entity's
sewerage
infrastructure; or
(c) require a new
connection, or a
modification to an
existing
connection, to be
made to a
regulated entity's
infrastructure; or
(d) damage or
interfere with a
regulated entity's
works; or
(e) adversely affect a
regulated entity's
operations
but does not include the
regulated entity's
excluded works.
56TB. Regulated entity's consent required
before grant of certain permits under
Building Act 2000
(1) A permit authority may not grant
under section 72 of the Building
10
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 4
Act 2000 an application for a
building permit for building work
that consists in whole or in part of
certifiable work, unless the
relevant regulated entity has
issued a certificate for certifiable
work (building) in respect of the
certifiable work.
(2) A permit authority may not grant
under section 82 of the Building
Act 2000 an application for a
plumbing permit, or a special
plumbing permit, for plumbing
work that consists in whole or in
part of certifiable work, unless
the relevant regulated entity has
issued a certificate for certifiable
work (plumbing) in respect of the
certifiable work.
(3) An owner of a building or land
may apply to the relevant
regulated entity for
(a) a certificate for certifiable
work (building) in respect
of certifiable work; or
(b) a certificate for certifiable
work (plumbing) in
respect of certifiable
work.
11
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 4 Part 2 Water and Sewerage Industry Amendment Act 2008 amended
(4) An application to a regulated
entity under subsection (3) is to
be
(a) in a form approved by the
regulated entity; and
(b) accompanied by all
documents or information
required by the regulated
entity.
(5) A regulated entity must
determine an application under
subsection (3)
(a) for a certificate for
certifiable work (building)
within 14 days after
receiving it; or
(b) for a certificate for
certifiable work
(plumbing) within 10
days after receiving it
or within a longer period to which
the applicant agrees.
(6) A regulated entity may, within 7
days after receiving an
application under subsection (3),
by notice in writing served on the
applicant, request the applicant to
provide the entity with further
12
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 4
information in relation to the
application.
(7) If a regulated entity requests an
applicant to provide the entity
with further information under
subsection (6) in relation to an
application, the period specified
in subsection (5) is to be taken
not to continue to run, for the
purposes of this section in
relation to the application, from
the date of the request until the
information is provided to the
entity.
56TC. Certificates for certifiable work
(1) A regulated entity may determine
an application made to it under
section 56TB in relation to
certifiable work by
(a) issuing to the applicant a
certificate in respect of
the work; or
(b) refusing, by notice in
writing to the applicant, to
issue to the applicant a
certificate in respect of
the work.
13
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 4 Part 2 Water and Sewerage Industry Amendment Act 2008 amended
(2) A regulated entity may specify
conditions on a certificate.
(3) If the application was made in
relation to certifiable work
forming all or part of building
work, the certificate issued is to
be a certificate for certifiable
work (building).
(4) If the application was made in
relation to certifiable work
forming all or part of plumbing
work, the certificate issued is to
be a certificate for certifiable
work (plumbing).
(5) A regulated entity may only
refuse to issue a certificate in
respect of certifiable work if the
entity is reasonably of the opinion
that the work
(a) will have deleterious
consequences for the
entity; or
(b) is not within the scope of
the entity's connections
policy under section 56U.
(6) For the purposes of
subsection (5)(a), certifiable work
is only to be taken to have
deleterious consequences for an
entity if the entity is reasonably
14
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 4
of the opinion that the certifiable
work
(a) will have an unduly
onerous effect on the
entity's infrastructure or
methods of operation or
the cost of providing
services; or
(b) may put at unacceptable
risk the health or safety of
persons performing work
on behalf of the entity
and no condition of the certificate
could adequately reduce the
onerous effect or the risk.
(7) A notice of refusal under
subsection (1)(b) is to set out
(a) the reasons for the refusal;
and
(b) the applicant's right to
appeal to the Appeal
Board under
section 56TE.
56TD. Certification of water and sewerage
compliance
(1) A permit authority may not issue
under section 112 of the Building
15
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 4 Part 2 Water and Sewerage Industry Amendment Act 2008 amended
Act 2000 a certificate of
completion (building work) in
relation to building works
consisting in whole or in part of
certifiable work, unless a
certificate of water and sewerage
compliance (building) has been
issued under subsection (4) in
respect of the certifiable work.
(2) A permit authority may not issue
under section 113 of the Building
Act 2000 a certificate of
completion (plumbing work) in
relation to plumbing works
consisting in whole or in part of
certifiable work, unless a
certificate of water and sewerage
compliance (plumbing) has been
issued under subsection (4) in
respect of the certifiable work.
(3) An owner of a building or land
may, after the completion of
certifiable work in relation to the
building or the land, apply to the
relevant regulated entity for the
issue of a certificate in respect of
the certifiable work.
(4) A regulated entity may determine
an application made to it under
subsection (3) in relation to
certifiable work by
16
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 4
(a) issuing to the applicant a
certificate in respect of
the certifiable work; or
(b) refusing, by notice in
writing to the applicant, to
issue a certificate in
respect of the certifiable
work.
(5) If the application under
subsection (3) relates to building
work, the certificate issued under
subsection (4) is to be a
certificate of water and sewerage
compliance (building).
(6) If the application under
subsection (3) relates to plumbing
work, the certificate issued under
subsection (4) is to be a
certificate of water and sewerage
compliance (plumbing).
(7) A regulated entity may only issue
a certificate of water and
sewerage compliance (building)
in respect of certifiable work if
the entity is satisfied that
(a) the work has been
completed substantially in
accordance with the
information or documents
that accompanied the
17
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 4 Part 2 Water and Sewerage Industry Amendment Act 2008 amended
application under
section 56TB for a
certificate for certifiable
work (building) in respect
of the certifiable work;
and
(b) the conditions, if any, of
the certificate for
certifiable work (building)
in respect of the
certifiable work have
been complied with.
(8) A regulated entity may only issue
a certificate of water and
sewerage compliance (plumbing)
in respect of certifiable work if
the entity is satisfied that
(a) the work has been
completed substantially in
accordance with the
information or documents
that accompanied the
application under
section 56TB for a
certificate for certifiable
work (plumbing) in
respect of the certifiable
work; and
(b) the conditions, if any, of
the certificate for
certifiable work
18
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 4
(plumbing) in respect of
the certifiable work have
been complied with.
(9) A notice of refusal under
subsection (4)(b) is to set out
(a) the reasons for the refusal;
and
(b) the applicant's right to
appeal to the Appeal
Board under
section 56TE.
56TE. Appeals to Appeal Board
(1) If a regulated entity
(a) does not determine under
section 56TC or 56TD an
application within the
period for doing so
specified in the section
under which the
application is made; or
(b) refuses to issue the
certificate sought in the
application; or
(c) issues the certificate
sought in the application
on conditions
19
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 4 Part 2 Water and Sewerage Industry Amendment Act 2008 amended
the applicant may appeal to the
Appeal Board within 14 days
after the end of the period
referred to in paragraph (a), or
after receiving the notice of
refusal or the certificate, as the
case may be.
(2) A regulated entity against which,
on the ground specified in
subsection (1)(a), an appeal is
made in respect of an application
may determine the application at
any time before the appeal is
heard.
(3) Part 12 of the Building Act 2000
applies in relation to an appeal to
the Appeal Board under this
section.
(4) A person aggrieved by a decision
of the Appeal Board under this
section may apply under the
Magistrates Court
(Administrative Appeals Division)
Act 2001 for a review of the
decision.
56TF. Regulated entity may make policy for
excluded works
(1) A regulated entity may prepare a
policy that specifies the types of
20
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 2 Water and Sewerage Industry Amendment Act 2008 amended s. 4
building work and plumbing
work in relation to which the
entity does not require that its
consent be given.
(2) In preparing a policy for the
purposes of subsection (1), a
regulated entity must reasonably
consult with
(a) councils in the area in
which the regulated entity
supplies a regulated
service; and
(b) any other person the
entity thinks fit.
(3) A regulated entity must publish
on the entity's website a copy of
any policy prepared under
subsection (1).
(4) A policy prepared under
subsection (1) comes into force
on the date on which it is first
published on the entity's website.
21
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 5 Part 3 Building Act 2000 Amended
PART 3 BUILDING ACT 2000 AMENDED
5. Principal Act
In this Part, the Building Act 2000* is referred to
as the Principal Act.
6. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "Appeal Board":
"approved disposal system" means a
system approved under any Act
for the disposal of sewage,
stormwater or trade waste;
(b) by inserting the following definition after
the definition of "sewerage installation":
"sewerage system" means sewers and
sewerage works vested, under
any Act, in a regulated entity
within the meaning of the Water
and Sewerage Industry Act 2008;
*No. 100 of 2000
22
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 3 Building Act 2000 Amended s. 7
7. Section 77 amended (Special plumbing permit)
Section 77 of the Principal Act is amended as
follows:
(a) by omitting subparagraph (i) from
paragraph (a) and substituting the
following subparagraph:
(i) discharges waste into an
approved disposal system; and
(b) by omitting paragraph (i) and
substituting the following paragraph:
(i) the discharge of trade waste into
an approved disposal system,
other than a sewerage system;
8. Section 112 amended (Completion of building work)
Section 112(3) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (c) "been
met." and substituting "been met; and";
(b) by inserting the following paragraph after
paragraph (c):
(d) where required under the Water
and Sewerage Industry Act 2008,
a certificate of water and
sewerage compliance (building)
has been issued under section
23
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 9 Part 3 Building Act 2000 Amended
56TD of that Act in relation to
the relevant building work.
9. Section 113 amended (Completion of plumbing
work)
Section 113 of the Principal Act is amended by
omitting subsections (3) and (4) and substituting
the following subsections:
(3) A permit authority is to issue a certificate
of completion (plumbing work) if
(a) the authority
(i) is satisfied, after
inspection, that the
completed plumbing work
complies with the
Plumbing Regulations; or
(ii) accepts a certificate from
a plumber certifying that
the plumbing work
complies with the
Plumbing Regulations;
and
(b) where required under the Water
and Sewerage Industry Act 2008,
a certificate of water and
sewerage compliance (plumbing)
has been issued under section
24
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 3 Building Act 2000 Amended s. 10
56TD of that Act in relation to
the plumbing work.
(4) The permit authority is to refuse to issue
a certificate of completion (plumbing
work) if
(a) it is not satisfied that the
plumbing work complies with the
Plumbing Regulations; or
(b) it is satisfied that a certificate of
water and sewerage compliance
(plumbing) has been refused
under section 56TD of the Water
and Sewerage Industry Act 2008
in relation to the plumbing work.
10. Section 204 amended (Functions of Appeal Board)
Section 204(a) of the Principal Act is amended
by omitting "this Act;" and substituting "this Act
and any other Act under which an appeal or
application may be made to the Board;".
25
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 11 Part 4 Local Government (Building and Miscellaneous Provisions) Act
1993 Amended
PART 4 LOCAL GOVERNMENT (BUILDING AND
MISCELLANEOUS PROVISIONS) ACT 1993
AMENDED
11. Principal Act
In this Part, the Local Government (Building and
Miscellaneous Provisions) Act 1993* is referred
to as the Principal Act.
12. Section 83 amended (Approval of plan of
subdivision)
Section 83 of the Principal Act is amended by
inserting after subsection (6) the following
subsections:
(7) The council may require a final plan of
subdivision to note, in respect of a block,
that the council has been advised by a
regulated entity, within the meaning of
the Water and Sewerage Industry Act
2008, that the entity cannot or will not
(a) provide a supply of water to the
block; or
(b) provide means of sewerage for all
or some specified kind of effluent
from the block.
*No. 96 of 1993
26
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 4 Local Government (Building and Miscellaneous Provisions) Act s. 12
1993 Amended
(8) A notification under subsection (7) is to
be treated as if it created an easement for
the benefit of the regulated entity and
may be destroyed wholly or in part by an
instrument in the nature of a release of
the block by the regulated entity.
27
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 13 Part 5 Water and Sewerage Corporations Act 2008 Amended
PART 5 WATER AND SEWERAGE CORPORATIONS
ACT 2008 AMENDED
13. Principal Act
In this Part, the Water and Sewerage
Corporations Act 2008* is referred to as the
Principal Act.
14. Section 41 amended (Notice of transfer)
Section 41 of the Principal Act is amended by
omitting subsections (3) and (4) and substituting
the following subsections:
(3) A transfer order takes effect on the day
specified in the order and, accordingly,
the assets, rights, liabilities or employees
specified in the order are transferred in
accordance with the order on that day.
(4) A transferor that is the subject of a
transfer order must take all reasonable
steps to enable the transfer order to take
effect according to its terms.
15. Section 44A inserted
After section 44 of the Principal Act, the
following section is inserted in Part 3:
*No. 12 of 2008
28
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 5 Water and Sewerage Corporations Act 2008 Amended s. 15
44A. Transfer of interests in part of land
(1) In this section
"non-transferred part of the land",
in relation to an area of land,
means a part of the land that is a
part to which an interest
transferred in accordance with
subsection (2) does not relate;
"Recorder" means the Recorder of
Titles appointed pursuant to
section 4(1) of the Land Titles Act
1980;
"transferred part of the land", in
relation to an area of land, means
a part of the land that is a part to
which an interest transferred in
accordance with subsection (2)
relates.
(2) A transfer order may transfer an interest,
or all of the interests, of the transferor in
respect of part of an area of land vested
in the transferor.
(3) A transfer order that transfers an interest
in part of an area of land in accordance
with subsection (2) must
(a) contain a plan that
(i) identifies the interest and
the transferred part of the
29
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 15 Part 5 Water and Sewerage Corporations Act 2008 Amended
land to which the interest
relates; and
(ii) describes the size and
boundary of the
transferred part of the
land; and
(iii) describes the boundary of
the non-transferred part of
the land; or
(b) otherwise describe the interest.
(4) Without limiting the interests that may be
transferred by a transfer order, a transfer
order that transfers an interest in part of
an area of land in accordance with
subsection (2) may, in the terms specified
in the order, do either or both of the
following:
(a) create or amend an interest, in
favour of the transferee, that
burdens the non-transferred part
of the land;
(b) create or amend an interest, in
favour of the transferor, that
burdens the transferred part of the
land.
(5) A transferee to whom an interest in
respect of a part of an area of land is
transferred by a transfer order in
accordance with subsection (2) must
30
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 5 Water and Sewerage Corporations Act 2008 Amended s. 15
lodge a caveat under section 133 of the
Land Titles Act 1980 in relation to the
interest.
(6) A transferee to whom an interest in
respect of a part of an area of land is
transferred by a transfer order in
accordance with subsection (2) must
lodge with the Recorder, together with an
application under section 138A of the
Land Titles Act 1980 in relation to the
interest
(a) a copy of the transfer order; and
(b) a plan, prepared by a registered
surveyor in accordance with the
requirements of the Recorder,
that identifies the transferred part
of the land and the non-
transferred part of the land; and
(c) any other documents that the
Recorder may require.
(7) The Recorder must register the transfer
of an interest referred to in an application
under section 138A of the Land Titles
Act 1980 made in accordance with
subsection (6), if the Recorder is satisfied
that
(a) the plan lodged in accordance
with subsection (6)(b) conforms
with the transfer order lodged
31
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 15 Part 5 Water and Sewerage Corporations Act 2008 Amended
with the Recorder under
subsection (6)(a); and
(b) any documents required under
subsection (6)(c) to be lodged
have been lodged with the
application; and
(c) the transferor has sufficient title
to dispose of the interest; and
(d) the execution of the plan is
consistent with the proper
administration of the Land Titles
Act 1980 or this section; and
(e) there are no errors or
inconsistencies in the plan or the
transfer order, or between the
plan and that order, that require
amendment.
(8) The Recorder may, if he or she is not
satisfied as to the matters referred to in
subsection (7) in relation to the transfer
of an interest in accordance with
subsection (2)
(a) notify the transferee and the
Treasurer of the grounds on
which the Recorder is not so
satisfied; and
(b) refuse to register under the Land
Titles Act 1980 the transfer of the
interest in accordance with this
32
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 5 Water and Sewerage Corporations Act 2008 Amended s. 15
section until the Recorder is
satisfied as to those matters.
(9) Despite sections 33(14)(a) and 143I of
the Land Titles Act 1980, the Recorder
may create a new folio or a new plan
under that Act, even though to do so
would be to permit the subdivision of
land contrary to the Local Government
(Building and Miscellaneous Provisions)
Act 1993.
(10) The transfer of an interest in a part of an
area of land in accordance with
subsection (2) is not to be taken to be a
subdivision of the land for the purposes
of the Land Use Planning and Approvals
Act 1993 and no permit is required under
that Act to be granted in relation to the
transfer of such an interest.
(11) Part 3 of the Local Government (Building
and Miscellaneous Provisions) Act 1993
does not apply in relation to the transfer
of an interest in accordance with
subsection (2).
33
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 16 Part 6 Validation
PART 6 VALIDATION
16. Validation of grant of licences
A licence referred to in column 2 of
Schedule 1
(a) is to be taken to have been validly
granted, in accordance with clause 12 of
Schedule 4 to the Water Management Act
1999, to the local authority specified
opposite the licence in column 1, on the
day on which it was purportedly granted
in accordance with that clause; and
(b) is, if it was purportedly granted in
accordance with that clause for a term of
less than 50 years, to be taken to have
been granted on that day for a term of 50
years.
34
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 7 Transitional Provisions s. 17
PART 7 TRANSITIONAL PROVISIONS
17. Interpretation
In this Part
"commencement day" means the day on
which this Part comes into force.
18. Applications under Land Use Planning and
Approvals Act 1993 not determined before
commencement day
(1) In this section
"planning authority" has the same meaning
as in the Land Use Planning and
Approvals Act 1993;
"relevant application" means an application
for a permit under the Land Use
Planning and Approvals Act 1993
(a) that was made, but not
determined, under that Act before
the commencement day; and
(b) that is an application in relation
to which a notice to a regulated
entity under section 56O of the
Water and Sewerage Industry Act
2008 would, apart from this
35
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 19 Part 7 Transitional Provisions
section, be required under that
Act to be given.
(2) Subdivision 3 of Division 2A of Part 4 of the
Water and Sewerage Industry Act 2008 does not
apply to a relevant application.
(3) A planning authority must, before determining a
relevant application made to it, consult with a
regulated entity to whom, but for subsection (2),
a notice in relation to the application would be
required to be given under section 56O of the
Water and Sewerage Industry Act 2008.
(4) Subsection (3) does not apply to a planning
authority in relation to a relevant application if
the planning authority determines that it is not
reasonably practicable for it to consult with the
regulated entity before determining the
application.
19. Applications under Building Act 2000 not
determined before commencement day
(1) In this section
"permit authority", in relation to a relevant
application, means the person that may
grant the application under the Building
Act 2000;
"relevant application" means an application
under the Building Act 2000 for a
building permit, plumbing permit, or
36
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 7 Transitional Provisions s. 19
special plumbing permit, that is an
application that
(a) was made, but was not
determined, under that Act before
the commencement day; and
(b) apart from subsection (2), would
only be permitted to be granted if
a certificate had been granted
under section 56TC of the Water
and Sewerage Industry Act 2008
in relation to certifiable work,
within the meaning of section
56TA of that Act, forming all or
part of the building work or
plumbing work to which the
application relates;
"relevant regulated entity", in relation to an
relevant application in respect of a
building or land, means the regulated
entity in relation to which an occupier or
owner of the building or land is, or is
likely to become, a customer within the
meaning of the Water and Sewerage
Industry Act 2008.
(2) Subdivision 3A of Division 2A of Part 4 of the
Water and Sewerage Industry Act 2008 does not
apply to a relevant application.
(3) A permit authority to which a relevant
application has been made must, before
determining the application under the Building
37
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 20 Part 7 Transitional Provisions
Act 2000, consult with the relevant regulated
entity.
(4) Subsection (3) does not apply to a permit
authority in relation to a relevant application if
the permit authority determines that it is not
reasonably practicable for it to consult with the
relevant regulated entity before determining the
application.
20. Provisions in respect of certain applications,
agreements and permits relating to trade waste
(1) In this section
"relevant regulated entity" in relation to a
permit or application in respect of land,
means the regulated entity in relation to
which an occupier or owner of the land
is, or is likely to become, a customer
within the meaning of the Water and
Sewerage Industry Act 2008.
(2) If a special plumbing permit in relation to the
discharge of trade waste
(a) was granted to a person under the
Building Act 2000 and is in force
immediately before the commencement
day; and
(b) is no longer required because of the
amendment of section 77 of the Building
Act 2000 by this Act
38
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 7 Transitional Provisions s. 20
the terms and conditions of the permit are to be
taken to be the terms and conditions of a consent
granted to the person under section 56ZI of the
Water and Sewerage Industry Act 2008 in
relation to the discharge of the trade waste.
(3) A reference in subsection (2) to the terms and
conditions of a permit includes a reference to the
terms and conditions of any trade waste
agreement that was
(a) entered into under the Plumbing
Regulations 2004 in accordance with the
terms and conditions of the permit; and
(b) in force immediately before the
commencement day.
(4) A reference to a local authority in a trade waste
agreement entered into by a local authority and a
person under the Plumbing Regulations 2004
and in force immediately before the
commencement day is to be taken to be a
reference to the relevant regulated entity
responsible for the provision of trade waste
services to the person.
(5) If
(a) an application for a special plumbing
permit for the discharge of trade waste
was made, but not determined, under the
Building Act 2000 before the
commencement day; and
39
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 21 Part 7 Transitional Provisions
(b) after that day, such a permit is no longer
required under the Building Act 2000
because of the amendment of section 77
of the Building Act 2000 by this Act
the permit authority to which the application is
made is to refer the application to the relevant
regulated entity and the entity is to determine the
application as if it were an application for the
consent of the entity under section 56ZI of the
Water and Sewerage Industry Act 2008.
21. Regulated entity to honour obligations under
permits already issued or applied for
(1) Subsection (2) applies to
(a) a building permit, plumbing permit, or
special plumbing permit, granted under
the Building Act 2000 before the
commencement day and in force
immediately before that day; and
(b) a building permit, plumbing permit, or
special plumbing permit, granted under
the Building Act 2000 after the
commencement day and to which section
19 applies; and
(c) a permit or agreement granted or entered
into under the Land Use Planning and
Approvals Act 1993 before the
commencement day and in force or in
40
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 7 Transitional Provisions s. 22
operation immediately before that day;
and
(d) a permit or agreement granted or entered
into under the Land Use Planning and
Approvals Act 1993 after the
commencement day and to which section
18 applies.
(2) If a permit or agreement to which this section
applies required, or by implication required, a
local authority to provide, or make arrangements
for the provision of, water services or sewerage
services to an area of land, a regulated entity for
the area of land is to take all reasonable steps to
provide or make arrangements for the provision
of those services as required by the permit or
agreement.
(3) A reference to a local authority in an agreement
entered into under the Land Use Planning and
Approvals Act 1993 in relation to the provision
of water services or sewerage services to an area
is to be taken to be a reference to the regulated
entity responsible for the provision of such
services in the area.
22. Certain terms and conditions of permits and
agreements to become customer contracts
(1) In this section
"relevant permit or agreement" means
41
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 22 Part 7 Transitional Provisions
(a) a permit or agreement, granted or
entered into under the Land Use
Planning and Approvals Act
1993, that was in force or in
operation immediately before the
commencement day; and
(b) a building permit, planning
permit, or special plumbing
permit, granted under the
Building Act 2000, that was in
force immediately before the
commencement day and to which
section 20 does not apply; and
(c) a building permit, plumbing
permit, or special plumbing
permit, granted under the
Building Act 2000 after the
commencement day and to which
section 19 applies; and
(d) a permit or agreement, granted or
entered into under the Land Use
Planning and Approvals Act 1993
after the commencement day and
to which section 18 applies;
"relevant regulated entity", in relation to an
relevant permit or agreement in respect
of a building or land, means the regulated
entity in relation to which an occupier or
owner of the building or land is, or is
likely to become, a customer within the
42
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
Part 7 Transitional Provisions s. 22
meaning of the Water and Sewerage
Industry Act 2008;
"relevant terms and conditions" means the
terms and conditions, of a relevant permit
or agreement, that relate to the provision
of water or sewerage services.
(2) If a relevant permit or agreement is granted to, or
entered into by, a person before the
commencement day
(a) the person and the relevant regulated
entity are to be taken, on and from that
day, to have entered into a customer
contract on the same terms and
conditions as the relevant terms and
conditions; and
(b) the customer contract is to remain in
operation until another customer contract
is entered into between the regulated
entity and the person.
(3) If a relevant permit or agreement is granted to, or
entered into by, a person on a day after the
commencement day
(a) the person and the relevant regulated
entity are to be taken, on and from the
day the permit is granted or the
agreement is entered into, to have entered
into a customer contract on the same
terms and conditions as the relevant
terms and conditions; and
43
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
s. 23 Part 7 Transitional Provisions
(b) the customer contract is to remain in
operation until another customer contract
is entered into between the regulated
entity and the person.
23. Time limits for actions may be extended by Minister
(1) The Minister administering the Water and
Sewerage Industry Act 2008 may, by notice,
extend a period, specified in a provision in that
Act, in which an action is to be performed by a
regulated entity.
(2) A period may not be extended under
subsection (1) for more than 30 days.
(3) A notice under subsection (1) is of no effect after
the end of the period of 12 months beginning on
the day on which this Part comes into force.
(4) If a period, specified in a provision, in which an
action is to be performed by a regulated entity is
extended in a notice under subsection (1), the
entity is not to be taken to be in breach of the
provision if it performs the action within the
period so extended.
44
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
sch. 1
SCHEDULE 1 WATER LICENCES
Section 16
Column 1 Column 2
Council name Water Licence
number
Break O'Day Council 7796
Break O'Day Council 7797
Break O'Day Council 7798
Break O'Day Council 7799
Break O'Day Council 7800
Break O'Day Council 7801
Burnie City Council 8190
Burnie City Council 8191
Central Highlands Council 7804
Central Highlands Council 7805
Central Highlands Council 7806
Derwent Valley Council 6031
Derwent Valley Council 7721
Derwent Valley Council 7807
Derwent Valley Council 7808
45
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
sch. 1
Column 1 Column 2
Council name Water Licence
number
Dorset Council 7809
Dorset Council 7810
Dorset Council 7811
Dorset Council 7812
Dorset Council 7813
Dorset Council 7814
Dorset Council 7815
Dorset Council 7816
Dorset Council 8988
Flinders Council 7819
Huon Valley Council 7844
Huon Valley Council 7845
Huon Valley Council 7846
Huon Valley Council 7847
Huon Valley Council 7848
Huon Valley Council 7849
46
Water and Sewerage Legislation (Miscellaneous Amendments) Act
2009
Act No. of
sch. 1
Column 1 Column 2
Council name Water Licence
number
Huon Valley Council 7850
Huon Valley Council 7851
Huon Valley Council 7852
Huon Valley Council 7853
Launceston City Council 7833
Meander Valley Council 7825
Meander Valley Council 7826
Meander Valley Council 7827
Meander Valley Council 7828
Meander Valley Council 7829
Meander Valley Council 7831
Municipality of Glamorgan/Spring Bay 7820
Municipality of Glamorgan/Spring Bay 7821
Municipality of Glamorgan/Spring Bay 7822
Municipality of Glamorgan/Spring Bay 7823
Municipality of Glamorgan/Spring Bay 8197
47
Water and Sewerage Legislation (Miscellaneous Amendments)
Act 2009
Act No. of
sch. 1
Column 1 Column 2
Council name Water Licence
number
Municipality of Glamorgan/Spring Bay 8219
Municipality of Waratah-Wynyard 7855
Northern Midlands Council 7765
Northern Midlands Council 7860
Northern Midlands Council 8991
Northern Midlands Council 9058
Southern Midlands Council 7834
Southern Midlands Council 7835
West Coast Council 7836
West Coast Council 7837
West Coast Council 7838
West Coast Council 7839
West Coast Council 7840
West Coast Council 7841
West Coast Council 7842
West Coast Council 7843
48 Government Printer, Tasmania