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WATER AND SEWERAGE INDUSTRY ACT 2008

- Act 13 of 2008 - Royal Assent 13 June 2008

Table of Provisions

Long Title

PART 1 - Preliminary

1 Short title

2 Commencement

3 Interpretation

3A Application in relation to strata title units of certain expressions

4 Act binds Crown

PART 2 - Objective of Act

5 Objective of Act

PART 3 - Administration

6 Functions of Minister

7 Powers of Minister

8 Minister or Regulator may establish committees

9 Delegation of Minister's functions and powers

10 Exemption from Act

PART 4 - Regulation of Water and Sewerage Industry Division 1 -

Regulator Subdivision 1 - Functions and powers

11 The Regulator

12 Functions of Regulator

13 Powers of Regulator

14 Delegation of Regulator's functions and powers

15 Matters to which Regulator is to have regard

16 Independence of Regulator

17 Regulator's power to require information

18 Power to direct regulated entities to keep records

19 Special reports to Minister

20 General provisions relating to codes

21 Publication and availability of codes

22 Review, amendment and replacement of codes

23 Guidelines for conduct of Regulator

24 Advisory committees

25 Staff of Regulator

26 Assistance and facilities

27 Funds

28 Annual report of Regulator

29 Tabling of annual report

Division 2 - Licensing of regulated entities Subdivision 1 -

Licensing

30 Requirement for licence

31 Declaration of regulated activities and non-regulated activities

32 Deemed licensee

33 Contravening person still subject to regulated entity obligations

34 Applications for licences

35 Determination of applications by Regulator

36 Duration of licences

37 Conditions of licences

38 Matters to be included in licence

39 Annual licence fees

40 Variation of licence conditions

41 Enforcement of licences

42 Regulator's power of direction

43 Suspension and cancellation of licences in public interest

44 Activities not authorised

45 Regulated entities to be notified of proposed action

46 Review of licences

47 Emergency directions

48 Register of licences

49 Declaration of reserve supplier

50 Licence cannot be transferred

51 Surrender of licence

52 Applying for cancellation of licence as regulated entity

53 No compensation is payable

54 Notice of proposed or anticipated stoppage of provision of regulated

55 Power to take over operations

56 Appointment of step-in-operator

Division 2A - Powers and obligations of regulated entities

Subdivision 1 - Water and sewerage officers

56A Appointment of water and sewerage officers

56B Conditions of appointment

56C Water and sewerage officer's identity card

56D Production of identity card

56E Power to carry out work on public land

56F Power to enter land for purposes related to water infrastructure and

56G Acquisition of land, &c.

56H Acquisition and use of land for water infrastructure and sewerage

56I Work on water infrastructure and sewerage infrastructure

56J Extensions to water infrastructure and sewerage infrastructure

56K Right to cut off supply where repairs are necessary

56L Regulated entity may reduce or restrict water supply

56M Regulated entity may cut off supply of regulated services to avert

56N Interpretation

56O Application to go to relevant regulated entity

56P Action by relevant regulated entity

56Q Planning authority's decision

56R Notification of decision and appeal

56S Referral to regulated entities of draft amendments to planning

56T Additional information

56TA Interpretation

56TB Regulated entity's consent required before grant of certain permits

56TC Certificates for certifiable work

56TD Certification of water and sewerage compliance

56TE Appeals to Appeal Tribunal

56TF Regulated entity may make policy for excluded works

56U Connections

56V Requirement to connect or disconnect

56W Structures over works

56X Removal of trees

56Y Notice to repair

56Z Notice of contravention

56ZAA Meter readers

56ZAB Meter reader's identity card

56ZA Entry to install and read meters

56ZB Installation and replacement of meters

56ZC Ownership of meter

56ZD Damage, destruction or removal of meter

56ZE Installation of fire hydrants

56ZF Maintenance and marking of fire hydrants

56ZG Supply of water to fire hydrant

56ZH Use of fire hydrant by authorised persons

56ZI Interference with water infrastructure or sewerage infrastructure

56ZJ Diversion of water or sewage

56ZK Obstruction

56ZL Order for costs

56ZM Recovery for loss or damage

56ZN Application and issue of warrant

56ZO Urgent situations

56ZP Recreational use of public water supplies

56ZQ Land information request

56ZR Distillery Creek discharge

56ZS Interpretation

56ZT Application of Subdivision

56ZU Variation of certain instruments relating to trade waste

56ZV Determination by Regulator of applications

Division 3 - Customer service code

57 Customer service code

Division 4 - Customer contract

58 Regulator may require customer contracts

59 Publication of customer contracts

60 Entering into customer contracts

61 Division not to preclude certain contracts

62 Variation of customer contracts

Division 5 - Price regulation

63 Application of this Division

64 Price regulation of regulated services

65 Price and service plan

66 Price determinations

67 General provisions relating to determinations

67A Preservation of price determinations and price and service plans

67B Alterations, to pricing arrangements, related to effect of COVID-19

68 Pricing principles

68AA Transition towards full application of pricing principles

68A Service charges

Division 5A - Service standards

68B Service standards

Division 6 - Performance monitoring, reporting and audits

69 Performance monitoring and reporting

70 State of the industry report

71 Auditing

72 Audits requested by Minister

73 Publication of audit results

74 Costs of audit

Division 7 - Complaints and disputes

75 Customer complaints process

76 Complaints to Ombudsman

77 Compliance with Ombudsman's decision

PART 5 - Administrative Review of Regulator's Decisions

78 Definitions used in this Part

79 Applications for review

80 Grounds for review

81 Intervention by others in a review without leave

82 Leave for interveners

83 Parties to a review under this Part

84 Interveners and the Regulator may raise new grounds for review

85 Court may terminate review

86 Effect of application on operation of reviewable decision

87 Court's determination

PART 6 -

. . . . . . . .

88 Section 88

89 Section 89

90 Section 90

PART 7 - Authorised Officers

91 Appointment of authorised officers

92 Conditions of appointment

93 Authorised officer's identity card

94 Production of identity card

PART 8 - Enforcement

95 Power of entry

96 General investigative powers of officers

97 Authorised officer's or water and sewerage officer’s power to

98 Care to be taken

99 Compensation

100 Service of infringement notices

PART 9 - Miscellaneous

101 Confidentiality

102 False or misleading information

103 Exclusion of personal liability

104 Liability of regulated entity

105 Offences by the corporation

106 Liability of employers and principals

107 Liability of officers of body corporate

108 Regulator's costs

109 Recovery of monetary penalties

110 Recovery of unpaid fees, charges, &c.

111 Payments into Public Account

112 Evidentiary certificates

113 Evidentiary provision for documents

114 Notices not statutory rules

115 Regulations

116 Administration of Act

117 Section 117

[ Note: This table has been automatically generated and may be incomplete. ]

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