WATER SERVICES ACT 2012

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 4 Crown bound

PART 2 -- Licensing of water service providers

Division 1 -- Licensing requirement  

• 5 Requirement for licences
 
• 6 Licensing extends to statutory providers
 
• 7 Minister may grant exemptions

Division 2 -- Licences  

• 8 Classification of water services
 
• 9 Operating areas
 
• 10 Application for licence
 
• 11 Grant of licence
 
• 12 Conditions of licence
 
• 13 Renewal of licence
 
• 14 Duration of licence
 
• 15 Transfer of licence
 
• 16 Person who has provided water services becoming licensee
 
• 17 Amendment of licence -- on initiative of Authority
 
• 18 Amendment or cancellation of licence -- on application of licensee
 
• 19 Effect of water resource management plans
 
• 20 Other laws not affected

Division 3 -- Duties of licensees -- statutory licence conditions  

• 21 Duty to provide services and do works
 
• 22 Provision of water services outside operating areas
 
• 23 Works holding arrangements
 
• 24 Asset management system
 
• 25 Operational audit
 
• 26 Compliance with codes of practice made by Minister
 
• 27 Compliance with code of conduct made by Authority
 
• 28 Code of conduct -- consultative committee
 
• 29 Licensee must comply with duties under Act
 
• 30 Prescribed conditions of licence

Division 4 -- Failure to comply with licence -- enforcement  

• 31 Failure to comply with licence
 
• 32 Right of licensee to make submissions
 
• 33 Exception -- dangerous situations

Division 5 -- Ending of licence and cessation of water services  

• 34 Cancellation of licence for serious default
 
• 35 Provision of a water service ceasing -- regulations may deal with consequences
 
• 36 Provision of a water service ceasing -- duty to leave system in safe condition

Division 6 -- Water service works and other assets  

• 37 Licensee operating with works holding body
 
• 38 Regulations may deal with transfer of assets on land not held by asset holder

Division 7 -- Inspectors  

• 39 Terms used
 
• 40 Entry for inspection purposes
 
• 41 General powers for inspection purposes
 
• 42 Power to prohibit use etc.
 
• 43 Offences

Division 8 -- Review of decisions  

• 44 Review of certain decisions

Division 9 -- General licensing provisions  

• 45 Applications -- additional information
 
• 46 Matters relevant to determination of public interest
 
• 47 Notice of and publication of certain decisions
 
• 48 Licences to be available for inspection
 
• 49 Regulations about public consultation

PART 3 -- Last resort supply arrangements  

• 50 Terms used
 
• 51 Designated areas
 
• 52 Authority to ensure supply plan in place for designated areas
 
• 53 Requirements for supply plans
 
• 54 How supply plan brought into operation
 
• 55 Appointment of supplier of last resort
 
• 56 Functions of supplier of last resort
 
• 57 Approval or determination of supply plan
 
• 58 Amendment of supply plan
 
• 59 Supplier of last resort to be treated as licensee
 
• 60 Duty to perform functions of supplier of last resort
 
• 61 Liability and recovery of costs of supplier of last resort
 
• 62 Regulations about last resort supply arrangements

PART 4 -- Water services ombudsman scheme

Division 1 -- Preliminary  

• 63 Terms used
 
• 64 Regulations about water services ombudsman scheme

Division 2 -- Approval of water services ombudsman scheme  

• 65 Authority may approve scheme
 
• 66 Requirements for scheme or amendment to be approved
 
• 67 Revocation of approval

Division 3 -- Scheme operation  

• 68 Customers etc. may have decision or complaint reviewed
 
• 69 Jurisdiction of courts and tribunals

Division 4 -- Membership of approved scheme  

• 70 Membership of approved scheme

PART 5 -- Water services

Division 1 -- Terms used  

• 71 Terms used

Division 2 -- Provision of water services generally  

• 72 Application of this Division in relation to certain agreements
 
• 73 Statutory entitlement to provision of water services
 
• 74 Terms and conditions of provision of water services
 
• 75 Agreements about provision of water services
 
• 76 Aspects of certain agreements binding on successors
 
• 77 Interruption of water services generally
 
• 78 Meters
 
• 79 Accuracy and testing of meters

Division 3 -- Development and building control, and infrastructure contributions  

• 80 Terms used
 
• 81 Application of this Division
 
• 82 Notification of and requirements as to building work
 
• 83 Satisfying requirements for additional water services
 
• 84 Ensuring water service works are done
 
• 85 Infrastructure contributions
 
• 86 Property in certain works
 
• 87 Review of certain decisions under or relating to this Division

Division 4 -- Protection of works, fittings and fixtures  

• 88 Interfering with water service works of licensee
 
• 89 Taking water without or contrary to approval
 
• 90 Construction etc. over or in vicinity of water service works of licensee
 
• 91 Requirement to use etc. approved fittings, fixtures and pipes
 
• 92 Requirement to maintain etc. fittings, fixtures and pipes

Division 5 -- Water supply services  

• 93 Approval required before connecting to water supply
 
• 94 No connection of additional water supply without approval
 
• 95 Disconnection or reduction in rate of flow etc.
 
• 96 Fire hydrants
 
• 97 Taking water from fire hydrants

Division 6 -- Sewerage services

• 98 Minister may require connection to sewerage works
 
• 99 Approval required before connecting to sewer
 
• 100 Common sewer connections
Subdivision 2 -- Discharge of trade waste  
• 101 Terms used
 
• 102 Discharge of trade waste without or contrary to licensee’s approval
 
• 103 Approval of licensee
 
• 104 Discharge of trade waste not in accordance with approval
 
• 105 Failure to maintain fittings, fixtures and pipes
 
• 106 Compliance notices
 
• 107 Regulations relating to discharge of trade waste

Division 7 -- Drainage services  

• 108 Term used: drainage assets
 
• 109 Controlled drainage assets
 
• 110 Minister may require connection to drainage works
 
• 111 Approval required before connecting to drainage works
 
• 112 Requirement to maintain or modify drainage assets, etc.
 
• 113 Relationship of this Division to certain other Acts

Division 8 -- Enforcement

• 114 Term used: compliance purposes
 
• 115 Entry for compliance purposes
 
• 116 General powers for compliance purposes
 
• 117 Offences
Subdivision 2 -- Compliance notices  
• 118 Application of Subdivision
 
• 119 Compliance notices
 
• 120 Giving compliance notices
 
• 121 Licensee or Minister may remedy failure to comply
 
• 122 Review of decisions relating to giving compliance notices

Division 9 -- Fees and charges for water services  

• 123 Licensees may impose fees and charges for water services
 
• 124 Regulations may provide for water service charges
 
• 125 Supplying groups of dwellings
 
• 126 Water service charges payable despite change in ownership of land or liability to prosecution
 
• 127 Order for payment of water service charges

Division 10 -- General provisions  

• 128 Prohibition on dealings in land
 
• 129 Reading meters etc. and routine inspection and maintenance
 
• 130 Dangerous situations
 
• 131 Approval of licensee subject to conditions

PART 6 -- Powers in relation to water service works

Division 1 -- Preliminary  

• 132 Terms used
 
• 133 Major works
 
• 134 General works
 
• 135 Exempt works

Division 2 -- Provision of water service works  

• 136 Powers in respect of water service works
 
• 137 Exemption of water service works from certain planning laws
 
• 138 Surveys and testing work
 
• 139 Ancillary works powers
 
• 140 Entry for provision of works etc.
 
• 141 Special provisions applicable to road works

Division 3 -- Major works, requirements for public notification and Ministerial authorisation  

• 142 Prerequisites to provision of major works
 
• 143 Licensee to prepare plans and publish and give notice of major works
 
• 144 Objections and submissions
 
• 145 Licensee may amend proposal
 
• 146 Submission of proposal to Minister
 
• 147 Powers of Minister in respect of proposal
 
• 148 Certain objectors and submitters to be notified of authorisation
 
• 149 Certain alterations, extensions and additions to major works

Division 4 -- General works, requirements for public notification and, in certain cases, for Ministerial authorisation  

• 150 Prerequisites to provision of general works
 
• 151 Licensee to prepare plans and give notice of general works
 
• 152 Objections and submissions
 
• 153 Licensee may amend proposal
 
• 154 Submission of proposal to Minister
 
• 155 Powers of Minister in respect of proposal

Division 5 -- Exempt works  

• 156 No prerequisites under this Part

Division 6 -- Deviation and modification  

• 157 Term used: water service works
 
• 158 Plans may indicate possible deviation from line of works
 
• 159 General power to deviate by up to 20 m
 
• 160 Modification by agreement with owner and occupier
 
• 161 When Minister may authorise deviation or modification

Division 7 -- Property in water service works  

• 162 Property in water service works and things placed on land
 
• 163 Powers of licensee in respect of water service works that are part of land

PART 7 -- Powers in relation to interests in land  

• 164 Terms used
 
• 165 Power of public authority to grant certain interests
 
• 166 Taking of interest in land for purposes of licensee
 
• 167 Vesting of interest
 
• 168 Easements in gross
 
• 169 Subdivision of land -- planning approval
 
• 170 Sale of land

PART 8 -- Entry for performance of functions

Division 1 -- Preliminary  

• 171 Terms used
 
• 172 Application of this Part

Division 2 -- Entry for performance of functions  

• 173 Entry with consent or under notice or warrant
 
• 174 Notice of entry
 
• 175 Rights of occupier of dwelling
 
• 176 When authorised person must leave etc.
 
• 177 Power to enter includes power to enter other places
 
• 178 Entry with vehicles and equipment
 
• 179 Assistance to exercise powers
 
• 180 Use of force
 
• 181 Actions of authorised persons and others
 
• 182 Injunction in support of power of entry
 
• 183 Complaints about exercise of powers

Division 3 -- Warrants to enter  

• 184 Term used: remote communication
 
• 185 Application for warrant
 
• 186 Contents of application
 
• 187 How application to be made
 
• 188 Issue of warrant
 
• 189 Contents of warrant
 
• 190 Execution of warrant

PART 9 -- Legal proceedings

Division 1 -- Legal proceedings  

• 191 Prosecutions -- who may commence
 
• 192 Time for bringing prosecutions
 
• 193 Continuing offences -- daily penalties
 
• 194 Injunctions to ensure compliance with this Act
 
• 195 Court’s power to make ancillary orders on conviction

Division 2 -- Liability of certain persons  

• 196 Liability of officers for offence by body corporate
 
• 197 Liability of principal for acts of agent
 
• 198 Liability of employer for offences of employee
 
• 199 Conduct on behalf of bodies corporate and principals

Division 3 -- Evidentiary provisions  

• 200 Evidence of certain things relating to contraventions
 
• 201 Evidence of authorisation and enforcement matters
 
• 202 Evidence of scientific matters
 
• 203 Documentary and signed evidence
 
• 204 Evidence of ownership or occupancy
 
• 205 Evidence of documents and service
 
• 206 Provisions are in addition to Evidence Act 1906

PART 10 -- Administration

Division 1 -- The Economic Regulation Authority  

• 207 Functions of Authority
 
• 208 Authority’s capacity to authorise or designate persons

Division 2 -- Inspectors and compliance officers  

• 209 Terms used
 
• 210 Designation of inspectors and compliance officers
 
• 211 Limitations on scope of authority of inspectors and compliance officers

Division 3 -- General matters  

• 212 Delegation by Minister
 
• 213 Delegation by CEO
 
• 214 Information sharing
 
• 215 Confidentiality of information

PART 11 -- Miscellaneous  

• 216 Relationship of this Act to Rights in Water and Irrigation Act 1914 and Health (Miscellaneous Provisions) Act 1911
 
• 217 Licences not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
 
• 218 Liability of certain persons for damage caused in exercise of powers
 
• 219 Immunity from liability for certain official actions
 
• 220 Limitation of liability for certain actions
 
• 221 Infringement notices and the Criminal Procedure Act 2004
 
• 222 Regulations
 
• 223 Notes in the text
 
• 224 Review of Act
 
• 225 Transitional provisions
• SCHEDULE 1 -- Transitional provisions