Western Australian Consolidated Acts

WATER BOARDS ACT 1904 - SECT 59

59 .         Meter records and testing of meters

        (1)         Whenever a meter is used — 

            (a)         the quantity of water shown by the index or register shall be taken prima facie to be the quantity of water which has actually passed through the meter and has been supplied; and

            (b)         a certificate purporting to be signed by an officer of the water board stating the quantity so shown shall in any proceeding in which the quantity of water is in question, be prima facie evidence of the quantity of water supplied,

                but this subsection does not apply where the meter is found not to be in proper order.

        (2)         The water board may at any time, and, where requested in writing by the person who will be liable to pay for water supplied through the meter, shall, cause a test of a meter to which subsection (1) applies to be made by an officer of the water board or a person appointed by the water board.

        (3)         Where, pursuant to a request under subsection (2), the water board causes a meter to be tested and upon being so tested the meter is found to register not more than the quantity of water actually passed through it, the person upon whose request the test was made shall pay to the water board — 

            (a)         the amount of the prescribed meter testing fee; or

            (b)         such greater amount as in the opinion of the water board approximates the actual cost of testing the meter,

                as the water board may in each case specify.

        (4)         A meter shall be deemed not to be in proper order if — 

            (a)         on being tested or otherwise, the meter is found not to register within the limits of error prescribed;

            (b)         the meter is found by an officer of the water board to be so damaged or otherwise in such a condition that, in the opinion of that officer, the meter is likely to inaccurately show the quantity of water passing through it; or

            (c)         the register of the meter is found to be unreadable.

        (5)         Where a meter through which water is supplied to land is found not to be in proper order the quantity of water supplied to the land through the meter may be assessed by the water board in such manner as may be prescribed and, unless the contrary is shown, the quantity of water so supplied shall be deemed to be as so assessed.

        (6)         Where, pursuant to a request under subsection (2), the water board causes a meter to be tested and upon being so tested the meter is found to register less than the quantity of water actually passed through it, the water board may, as an alternative to assessing the quantity of water supplied to the land through the meter, deem the quantity of water shown by the index or register of the meter to be the quantity of water which has actually passed through the meter and been supplied, and a certificate purporting to be signed by an officer of the water board stating the quantities so shown shall, in any proceedings in which the quantity of water is in question, be prima facie evidence of the matters stated.

        (7)         Where an account is submitted upon the basis of an assessment, it shall be clearly marked as such and the water board shall, upon request, give details of the basis upon which the assessment was made.

        [Section 59 inserted by No. 14 of 1982 s. 22.]