Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Water Services Licensing
Act 1995 and includes the amendments made by the other written laws
referred to in the following table. The table also contains information about
any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Water Services Coordination
Act 1995 3 |
72 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2 and Gazette
29 Dec 1995 p. 6291) |
|
Taxes and Charges (Land Subdivision) Legislation
Amendment Act 1996 Pt. 5 4 |
12 of 1996 |
28 Jun 1996 |
28 Jun 1996 (see s. 2) |
|
Water Legislation Amendment Act 1997
Pt. 6 |
32 of 1997 |
3 Oct 1997 |
15 Apr 1998 (see s. 2 and Gazette
15 Apr 1998 p. 2041) |
|
Water Services Coordination Amendment
Act 1997 |
33 of 1997 |
3 Oct 1997 |
3 Oct 1997 (see s. 2) |
|
Water Services Coordination Amendment Act 1999
s. 1 to 10 |
39 of 1999 |
9 Nov 1999 |
19 Jun 2000 (see s. 2 and Gazette
16 Jun 2000 p. 2939) |
|
58 of 1999 |
24 Dec 1999 |
1 Jul 2000 (see s. 2(2) and Gazette
4 Jul 2000 p. 3545) |
|
|
Reprint of the Water Services Coordination
Act 1995 as at 28 Jul 2000 (includes amendments listed
above) |
|||
|
Corporations (Consequential Amendments) Act 2001
s. 220 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
Economic Regulation Authority Act 2003
s. 62 5 |
67 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5723) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 128 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 133 6,
7 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Financial Administration Legislation Amendment
Act 2005 s. 46 |
5 of 2005 |
27 Jun 2005 |
1 Jan 2006 (see s. 2 and Gazette
23 Dec 2005 p. 6243) |
|
Water Legislation Amendment (Competition Policy)
Act 2005 s. 7(4), 28(2), 60(2) and Pt. 8 |
25 of 2005 |
12 Dec 2005 |
3 Jun 2006 (see s. 2 and Gazette
2 Jun 2006 p. 1985) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Reprint 2: The Water Services Licensing
Act 1995 as at 4 Aug 2006 (includes amendments listed
above) |
|||
|
Financial Legislation Amendment and Repeal
Act 2006 s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Duties Legislation Amendment Act 2008 s.
52 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 133 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
2 Under the Land Administration Act 1997
s. 281(3), references to the Land Act 1933 may be construed as
references to the Land Administration Act 1997.
3 Now known as the Water Services Licensing
Act 1995; short title changed (see note under
s. 1).
4 The Taxes and Charges (Land Subdivision) Legislation
Amendment Act 1996 Pt. 6 reads as follows:
“
Part 6 — Review
17. Review
(1) Each relevant Minister is to carry out a review of the operation and
effectiveness of the amendments made by this Act as soon as is practicable after
the expiration of 3 years from the commencement of this Act.
(2) The relevant Ministers are to prepare a joint report based on the
review and, as soon as is practicable after the report is prepared, cause it to
be laid before each House of Parliament.
(3) In this section —
relevant Minister means a Minister responsible for the
administration of an Act amended by this Act or the Minister responsible for the
administration of the Town Planning and Development
Act 1978.
”.
5 The Economic Regulation Authority Act 2003
s. 63(1), which gives effect to Sch. 3, reads as
follows:
“
63. Transitional and saving provisions
(1) Schedule 3 has effect to make transitional and saving provisions
in respect of the amendments made in Schedule 2 Divisions 8, 12
and 18.
”.
Schedule 3 reads as follows:
“
Schedule 3 — Transitional
and saving provisions for amendments in Schedule 2 Divisions 8, 12 and
18
[s. 63(1)]
In this Schedule —
commencement day means the day on which this Schedule comes
into operation;
former official means —
(a) the Coordinator of Water Services referred to in section 4 of the
Water Services Coordination Act 1995 as in effect immediately before
the commencement day;
(b) the Gas Pipelines Access Regulator; or
(c) the Rail Access Regulator;
Gas Pipelines Access Regulator means the Western Australian
Independent Gas Pipelines Access Regulator referred to in section 27 of the
Gas Pipelines Access (Western Australia) Act 1998 as in effect
immediately before the commencement day;
Rail Access Regulator means the Western Australian
Independent Rail Access Regulator referred to in section 13 of the
Railways (Access) Act 1998 as in effect immediately before the
commencement day.
2. Interpretation
Act 1984 to apply
This Schedule does not limit the operation of the Interpretation
Act 1984.
3. Decisions of Gas Pipelines Access
Regulator
Without limiting the operation of clause 6, a decision made by the
Gas Pipelines Access Regulator as the local Regulator for the purposes of the
Gas Pipelines Access (Western Australia) Law that was in effect immediately
before the commencement day continues, on and after that day, as if made by the
Authority as the local Regulator for the purposes of that Law.
4. Decisions of Rail Access
Regulator
Without limiting the operation of clause 6, a decision made by the
Rail Access Regulator as the Regulator for the purposes of the Code (as defined
in the Railways (Access) Act 1998) that was in effect immediately
before the commencement day continues, on and after that day, as if made by the
Authority as the Regulator for the purposes of that Code.
5. Licences under Part 3 of the
Water Services Coordination Act 1995
Without limiting the operation of clause 6, an operating licence
that was in effect under Part 3 of the Water Services Coordination
Act 1995 immediately before the commencement day continues, on and
after that day, as an operating licence in effect under that Part as amended by
Schedule 2 Division 18.
6. Continuing effect of things
done
On and after the commencement day any act, matter or thing done or
omitted to be done before that day by, to, or in respect of, a former official
(to the extent that that act, matter or thing has any force or effect) is to be
taken to have been done or omitted by, to, or in respect of, the
Authority.
On and after the commencement day anything lawfully commenced by a former
official may, so far as it is not contrary to this Act or any other written law
that gives functions to the Authority, be carried on and completed by the
Authority.
Any proceedings or remedy that immediately before the commencement day
might have been brought or continued by or available against or to a former
official, may, on and after that day, be brought or continued and are available,
by or against or to the Authority.
On and after the commencement day the Authority is to take delivery of
all papers, documents, minutes, books of account and other records (however
compiled, recorded or stored) relating to the operations of each former
official.
(1) The moneys standing to the credit of the account referred to in
section 45 of the Gas Pipelines Access (Western Australia)
Act 1998 immediately before the commencement day are to be transferred
to the account referred to in section 21 as soon as is practicable after
that day.
(2) The moneys standing to the credit of the
account referred to in section 23D of the Railways (Access)
Act 1998 immediately before the commencement day are to be transferred
to the account referred to in section 21 as soon as is practicable after
that day.
11. References to
former official in agreements and instruments
Any agreement or instrument subsisting immediately before the
commencement day —
(a) to which a former official is a party; or
(b) which contains a reference to a former official,
has effect after the commencement day as if —
(c) the Authority were substituted for the former official as a party to
the agreement or instrument; and
(d) any reference in the agreement or instrument to the former official
were (unless the context otherwise requires) amended to be or include a
reference to the Authority.
12. References to
former official in written law
A reference to a former official in an enactment in force immediately
before the commencement day may, where the context so requires, be read as if it
had been amended to be a reference to the Authority.
Despite the amendments made in Schedule 2 Divisions 8, 12
and 18, where a former official had the benefit of any immunity in respect
of an act, matter or thing done or omitted before the commencement day, that
immunity continues in that respect for the benefit of the Authority.
The operation of any provision of this Schedule is not to be
regarded —
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting, restricting or
regulating the assignment or transfer of assets, rights or liabilities of the
disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as causing
or permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
”.
6 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
7 The amendment to s. 57 in the State Administrative
Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1302
is not included because the section it seeks to amend was repealed by the
Economic Regulation Authority Act 2003 s.
62.