Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the
Corporation becomes aware that in order to satisfy a requirement for water
services indicated by —
(a) a
proposal; or
(b) a
change in, or a proposal to change, the use or nature of an existing
development to which existing water services are provided,
the provision of
works, or the use of water services provided by the Corporation, may or will
be necessary in relation to the whole or any part of the land affected, the
Corporation may, by notice served on the person submitting the proposal or on
the owner of the land, require that the owner of the land, or a person
authorised on his behalf, furnish information as to the proposal or change to
the Corporation and negotiate and enter into an agreement under this section
with the Corporation in relation to the provision of those works or the use of
those water services.
(2) Where a notice has
been served by the Corporation on any person under subsection (1), the
Corporation may, and if so directed by the Minister shall, serve another
notice on that person varying or rescinding the earlier notice, and a
reference to the requirements of the notice shall be read as a reference to
the requirements of the notice as so varied.
(3) Where the
Corporation serves a notice under this section the Corporation may furnish a
copy of that notice to the Western Australian Planning Commission or local
government concerned advising that due to the proposal or change the
Corporation is unwilling or unable to provide the required works or water
services unless an agreement can be negotiated, and a planning condition
requiring connection to, or the provision of, works or water services may be
affixed by reference to that notice under the Act in pursuance of which the
proposal was submitted, and any approval under the Act imposing the planning
condition shall not be taken to be effective until —
(a) the
planning condition is removed under the provision of that Act;
(b) the
notice served by the Corporation under this section is rescinded by the
Corporation; or
(c) the
Western Australian Planning Commission or that local government is satisfied
that —
(i)
the provisions of an agreement entered into with the
Corporation under this section in relation to the works or water services
referred to in that planning condition have been implemented or that such
implementation has been ensured in a manner satisfactory to the Corporation;
or
(ii)
the requirements of the Corporation have been otherwise
met.
(4) Nothing in this
section requires that, by reason only of a notice served under this section by
the Corporation having been rescinded or complied with, an application under
Part 10 of the Planning and Development Act 2005 for the approval of
a plan of subdivision or under Part XV of the
Local Government (Miscellaneous Provisions) Act 1960 for the grant of a
building licence should be approved.
(5) In the
consideration of whether or not the provision of works, or the use of services
provided by the Corporation, may or will be necessary in relation to any land,
regard may be had to the existing and future requirements of that land and of
other lands.
(6) An agreement
entered into under this section may make provision for —
(a)
works or water services which have been or are to be provided to or in
relation to any land otherwise than by the Corporation; and
(b) any
works which have been or are to be provided to connect with and form part of a
system of works providing water services to that land and other lands.
(7) An agreement
entered into under this section may provide that the Corporation or a person
shall be entitled to payment notwithstanding that works are or have been
provided prior to a proposal being approved under the
Planning and Development Act 2005 or a building licence being issued or
the subdivision or development being proceeded with, and that entitlement to
payment shall not be affected by reason only that the approval is not given,
the building licence not issued or the proposal not implemented.
(8) An agreement
entered into under this section may make provision for payment or an advance
to be made in respect of the provision of works or water services, whether
provided or to be provided by the Corporation or otherwise, or for security to
be given for any payment or advance or in relation to any works under the
agreement, or for the repayment of the whole or such part as may be agreed
upon of any cost related to previous or existing works or water services
incurred by any person, or in relation to any other relevant payment, advance
or security.
(9) The making of an
advance to the Corporation towards the cost of the provision of works or water
services specified in an agreement entered into under this section shall not
be taken to be a borrowing entered into by the Corporation.
(10) Unless the
agreement otherwise requires, all works provided or in the course of being
provided, whether or not by the Corporation, pursuant to an agreement entered
into under this section vest in and are the property of the Corporation.
(11) Where the
Corporation is to provide works or water services pursuant to an agreement
under this section it may, notwithstanding the terms of the agreement, provide
works or water services involving greater expenditure than those specified in
the agreement if the additional cost is borne, or provided for, by the
Corporation.
(12) An agreement
entered into under this section may impose charges by reference to the
specific works contemplated by the agreement, or by reference to an
apportioned amount which the Corporation determines as appropriate having
regard to —
(a) the
nature of works and water services provided or to be provided;
(b)
operating and maintenance costs; and
(c) the
difficulty of ascertaining to what extent any particular land is thereby
served.
[Section 67 inserted by No. 25 of 1985
s. 15; amended by No. 84 of 1994 s. 46; No. 73 of 1995
s. 41; No. 14 of 1996 s. 4; No. 38 of 2005 s. 15.]