Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 24]
An operating licence
may include provisions —
(a)
requiring the licensee to enter into agreements on specified terms or on terms
of a specified type;
(b)
requiring the licensee to observe specified industry codes with such
modifications or exemptions as may be determined by the Authority;
(c)
requiring the licensee to maintain specified accounting records and to prepare
accounts according to specified principles;
(d)
preventing the licensee from engaging in or undertaking specified business
activities or any other business;
(e)
specifying methods or principles to be applied by the licensee in proposing
prices or charges for inclusion in authorising by-laws;
(f)
specifying methods or principles to be applied in the provision of water
services authorised by the licence;
(g)
specifying procedures for amendment, revocation or surrender of the licence;
(h)
requiring the licensee to provide to the Authority, in the manner and form
determined by the Authority, specified information on any matter relevant to
the operation of the licence, the operation of the licensing scheme provided
for in Part 3, or the performance of the Authority’s functions
under this Act;
(i)
requiring or regulating the construction, operation or
maintenance of water services works;
(j)
relating to the performance of functions by the licensee
including —
(i)
the range of functions that may be performed by the
licensee;
(ii)
quality and performance standards to be met by the
licensee, except to the extent that regulations of the kind described in
section 33 apply; and
(iii)
community service obligations, that is obligations that
are not commercially justified, to be discharged by the licensee;
(k)
specifying —
(i)
the terms and conditions of any customer contract which
an owner or occupier of land is required to enter into with the licensee in
the absence of any express agreement between the customer and the licensee to
the contrary; and
(ii)
any limitation on the capacity of the parties by express
agreement to exclude, modify or restrict the terms and conditions of the
customer contract;
(l)
relating to obligations of the licensee with respect to public authorities and
other licensees;
(m)
relating to the disposal or transfer of property, rights or liabilities of a
specified kind either during the currency of the licence or on or after its
expiration by effluxion of time including provisions —
(i)
prohibiting any disposal or transfer of property except
with the approval of a specified person;
(ii)
prohibiting the giving of any encumbrance over specified
property except with the approval of the Authority;
(iii)
requiring the transfer of property, rights or liabilities
of a specified kind to a specified person on or within a specified time after
the expiration of the licence;
(iv)
with respect to the consideration to be provided in
respect of any disposal or transfer;
(v)
with respect to the arbitration of disputes that arise in
connection with any disposal or transfer;
(vi)
of a supplementary, consequential or transitional nature
in relation to any disposal or transfer;
(n)
requiring the licensee to develop and implement specified programmes for the
conservation and efficient use of water including programmes intended to
educate the community about the conservation and efficient use of water; and
(o)
requiring the licensee to establish committees of consumers for the purpose of
obtaining the opinions of consumers on the prices charged and the standard of
service provided by the licensee.
[Schedule 1 amended by No. 67 of 2003
s. 62.]