Western Australian Consolidated Acts

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WATER SERVICES LICENSING ACT 1995 - SECT 19

19 .         Power to exempt

        (1)         The Governor may by order published in the Government Gazette provide for exemptions from section 18(1).

        (1a)         The Governor must not make an order under subsection (1) unless he or she is satisfied that it would not be contrary to the public interest to do so.

        (1b)         The Governor, in determining whether the making of the order would not be contrary to the public interest, may take into account one or more of the following matters —

            (a)         environmental considerations;

            (b)         social welfare and equity considerations, including community service obligations;

            (c)         economic and regional development, including employment and investment growth;

            (d)         the interests of water services customers generally or of a class of water services customers;

            (e)         the interests of any licensee, or applicant for a licence, in respect of the controlled area or part of a controlled area to which the order, if made, would apply;

            (f)         the importance of competition in water services industry markets;

            (g)         public health considerations in relation to the provision of a safe drinking water supply;

            (h)         the policy objectives of government in relation to water services;

                  (i)         any other matter that he or she considers relevant.

        (2)         Section 43(4) and (7) to (9) of the Interpretation Act 1984 applies to an order under subsection (1) as though the order were subsidiary legislation.

        [Section 19 amended by No. 67 of 2003 s. 62.]



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