Western Australian Consolidated Acts

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WATER SERVICES LICENSING ACT 1995 - SECT 46B

46B .         Minister may make order for transfer of assets

        (1)         With the consent of a statutory asset owner from whom assets are to be transferred, the Minister may make and publish in the Gazette an order specifying — 

            (a)         the statutory asset owner;

            (b)         the assets that are to be transferred and the affected land; and

            (c)         the transferee.

        (2)         The transfer order may specify assets and the affected land by reference to schedules which — 

            (a)         need not be published in the Gazette ; but

            (b)         must be available for inspection by the public at a place identified in the order.

        (3)         If the transfer order specifies by reference to schedules assets that are in a local government district, the schedules must be available for inspection by the public under subsection (2)(b) at least by exhibiting them — 

            (a)         on a notice board at the local government’s offices; and

            (b)         on a notice board at every local government library in the district.

        (4)         Schedules must be exhibited under subsection (3) for a reasonable time, being not less than — 

            (a)         the time prescribed for the purposes of this subsection; or

            (b)         if no time is prescribed, 7 days.

        (5)         Notice of the places where schedules are to be exhibited under subsection (3) must be published in a newspaper circulating in the relevant local government district at least 14 days before the schedules are so exhibited.

        (6)         The form and content of a schedule by reference to which a transfer order specifies assets and affected land is to be approved, before the order is made, by each relevant official to whom a copy of it will be required to be delivered under section 46G.

        (7)         The transfer order may, with the consent of the transferor and the transferee, be amended by the Minister, by further order published in the Gazette , but no such amendment may be made after the transfer day.

        (8)         For the purposes of this section the Water Corporation is to be taken to have consented to anything that it is obliged to do because of a direction given to it under the Water Corporation Act 1995 by the Minister administering that Act.

        (9)         The Minister is to cause a copy of an order published under this section to be laid before each House of Parliament within 6 sitting days of that House after the order is published.

        (10)         Either House of Parliament may, by resolution of which notice has been given within 14 sitting days of that House after an order has been laid before it, pass a resolution disallowing the order.

        (11)         As soon as an order is no longer subject to disallowance under subsection (10), the order takes effect.

        (12)         The Minister is to cause notice to be published in the Gazette showing the day on which an order took effect under subsection (11).

        [Section 46B inserted by No. 33 of 1997 s. 3.]



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