Western Australian Consolidated Acts

COUNTRY AREAS WATER SUPPLY ACT 1947 - SECT 58

58 .         Objection to entry in rate book

        (1)         Subject to section 61, any person who is dissatisfied with any entry in records kept under section 69A of the Water Agencies (Powers) Act 1984 , and who is liable to a water supply charge assessed on the basis of that entry, may serve upon the Corporation a written objection to that entry.

        (2)         An objection to an entry in records mentioned in subsection (1) shall —

            (a)         be served within 42 days after the issue of the relevant assessment;

            (b)         describe the relevant land so as to identify it;

            (c)         identify the entry objected to; and

            (d)         set out fully and in detail the grounds of objection.

        (3)         The grounds upon which an objection may be made include —

            (a)         in the case of a charge assessed by reference to the area of any land, that the area shown in the records is in excess of the actual area of the relevant land; and

            (b)         that the relevant land is incorrectly classified for the purposes of applying the charge.

        (4)         The Corporation may, for reasonable cause shown by a person entitled to make an objection, extend the time for service of the objection for such period as the Corporation considers reasonable in the circumstances.

        (5)         The Corporation shall, with all reasonable despatch, consider any objection and may either disallow it or allow it, wholly or in part.

        (6)         The Corporation shall promptly serve upon the person by whom the objection was made written notice of the Corporation’s decision on the objection and a brief statement of the Corporation’s reasons for that decision.

        (7)         If the Corporation decides to allow an objection, wholly or in part, the Corporation shall advise the person by whom the objection was made of any consequent amendment of the relevant entry in the records; and if the Corporation decides to disallow an objection, wholly or in part, the Corporation shall advise the person of the time within which and the manner in which a review of the decision may be sought.

        [Section 58 inserted by No. 76 of 1978 s. 17; amended by No. 25 of 1985 s. 115 and 123; No. 110 of 1985 s. 57; No. 27 of 1987 s. 79; No. 73 of 1995 s. 55, 63 and 65; No. 55 of 2004 s. 156.]