WATER SERVICES ACT 2012 (NO. 24 OF 2012) - SECT 3

WATER SERVICES ACT 2012 (NO. 24 OF 2012) - SECT 3

3 .         Terms used

        (1)         In this Act, unless the contrary intention appears —

        area associated with a dwelling means —

            (a)         if the dwelling is one of 2 or more dwellings in one building, the parts of the building and any area around the building that the occupiers of the dwellings use exclusively but in common with each other; or

            (b)         otherwise, the area around the dwelling that is used exclusively by the occupier, such as a driveway, garden or yard;

        Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003 section 4;

        CEO means the chief executive officer of the Department;

        charge means an obligation to pay an amount, but does not include anything described under this Act as a fee;

        class , of water service, has a meaning affected by section 8;

        code of conduct means a code of conduct made under section 27;

        code of practice includes a code of practice made under section 26;

        compliance officer has the meaning given in section 71(1);

        conduit means a pipe placed on land, or an artificial channel or tunnel placed on or a part of land, for conveying water or wastewater, and associated fittings, fixtures and structures;

        Crown land has the meaning given in the Land Administration Act 1997 section 3(1);

        customer , of a licensee, means a person to whom water services are provided by the licensee or who is entitled to the provision of water services by the licensee, other than a person who is a member of the licensee;

        department has the meaning given in the Public Sector Management Act 1994 section 3(1);

        Department means the department principally assisting in the administration of this Act;

        drainage assets has the meaning given in section 108;

        drainage service means, subject to subsection (2), a service —

            (a)         principally constituted by —

                  (i)         the management of the flow of stormwater, surface water or ground water by means of reticulated drainage assets; or

                  (ii)         the management of soil salinity by means of reticulated drainage assets;

                and

            (b)         which may include the management of the quality of the water dealt with;

        dwelling means —

            (a)         a building or structure, or part of a building or structure, that is ordinarily used for human habitation, except common property as defined in the Strata Titles Act 1985 section 3(1); or

            (b)         a mobile home,

        (whether or not it is uninhabited from time to time) and includes the area associated with the dwelling;

        exemption means an exemption granted under section 7;

        inspector has the meaning given in section 39;

        irrigation means any method of applying water to land for the purpose of agriculture or improvement of pasture;

        irrigation service means, subject to subsection (2), a service principally constituted by the provision of water for irrigation by means of reticulated conduits and other appropriate irrigation works;

        licence means a licence granted, transferred or renewed under Part 2 Division 2;

        licensee means the holder of a licence;

        member of a licensee means a member of a co-operative, registered under the Co-operatives Act 2009 , that is a licensee;

        meter means a device for measuring or estimating the quantity or flow of liquid passing through the device;

        mobile home includes a mobile home that is permanently or semi-permanently stationary in a single location;

        occupier , of land, means a person who is an occupier of the land within the meaning given in the Local Government Act 1995 section 1.4;

        operate , in relation to water service works, includes use;

        operating area , of a licence, means, for a class of water service authorised by the licence, the area or areas specified in the licence as the operating area or areas of the licence for that class of water service;

        owner , of land, means a person who is an owner of the land within the meaning given in the Local Government Act 1995 section 1.4;

        place means any land, building, structure or dwelling, or a part of any land, building, structure or dwelling;

        Planning Minister means the Minister responsible for the administration of the Planning and Development Act 2005 ;

        prescribed means prescribed by regulations made under this Act;

        prescribed fee means a fee, the amount of which, or the method for determining the amount of which, is prescribed;

        property connection has the meaning given in section 71(1);

        provide , in relation to water service works, includes carry out, undertake, construct, install, erect and fabricate;

        public authority means —

            (a)         a Minister of the State; or

            (b)         an agency, authority or instrumentality of the State; or

            (c)         a body, whether incorporated or not, that is established or continued for a public purpose by or under a written law; or

            (d)         a local government or regional local government;

        reasonably suspects has the meaning given in the Criminal Investigation Act 2006 section 4;

        road has the meaning given in the Land Administration Act 1997 section 3(1);

        sewerage service means, subject to subsection (2), a service principally constituted by the collection, treatment and disposal of wastewater by means of reticulated conduits and other appropriate sewerage works;

        specified , in relation to an instrument or document made under or referred to in this Act, means specified in that instrument or document;

        standard terms and conditions of service has the meaning given in section 71(1);

        statutory penalty has the meaning given in the Sentencing Act 1995 section 4(1);

        statutory water service charge has the meaning given in section 71(1);

        trade waste has the meaning given in section 101;

        Treasurer means the Treasurer of the State;

        wastewater means sewage, and does not include stormwater, surface water or ground water of a type that is ordinarily drained from land as part of the provision of a drainage service;

        water corporation means a water corporation established by or under the Water Corporations Act 1995 section 4;

        Water Corporation means the Water Corporation established by the Water Corporations Act 1995 section 4(1);

        Water Resources Minister means the Minister responsible for the administration of the Water Agencies (Powers) Act 1984 ;

        water service means a water supply, sewerage, irrigation or drainage service;

        water service charge has the meaning given in section 71(1);

        water service works includes —

            (a)         water supply works, sewerage works, drainage assets and irrigation works; and

            (b)         surveys, excavations, structures and buildings provided by or used or intended to be used by a licensee in the provision of any water service; and

            (c)         plant, equipment and structures attached to or otherwise associated with the works and things referred to in paragraphs (a) and (b); and

            (d)         in the case where the works or assets are a part of land — the land of which the works or assets are a part;

        Note:         Works or assets that are a part of land include drains, swales and reservoirs.

        water service works of a licensee means water service works used by the licensee in the provision of water services and to which one of the following paragraphs apply —

            (a)         the works are held by the licensee or for the licensee by another person under an agreement with the licensee;

            (b)         the works are not held by or for the licensee but, under an agreement in relation to the works, the licensee can operate and maintain the works to the extent necessary for the licensee to comply with the licensee’s obligations under the licence and this Act;

            (c)         in the case of drainage assets that are not held as described in paragraph (a) — a declaration under section 109 that the assets are controlled by the licensee is in effect;

            (d)         in the case of water service works that are a part of land and that are not held as described in paragraph (a) — the rights in relation to the works referred to in section 163(1)(b) are held by the licensee or for the licensee by another person under an agreement with the licensee,

        but does not include a property connection and anything connected to those works via the property connection other than a thing that is owned by the licensee;

        water supply service means, subject to subsection (2), a service principally constituted by the supply of water (whether or not potable) by means of reticulated conduits and other appropriate water supply works;

        works power means a power, whether conferred by this Act or not —

            (a)         to provide works for, or in connection with, the provision of a water service authorised by a licence of the licensee; or

            (b)         to maintain, alter, replace, discontinue or remove water service works; or

            (c)         to do works under a specific power in Part 2 or 5 (for example, section 31(4)(b),  98(3) or  121),

        and includes any ancillary or incidental powers.

        (2)         The regulations may provide that a prescribed kind of service (whether or not provided by reticulated conduits or reticulated drainage assets) is or is not a drainage service, irrigation service, sewerage service or water supply service.

        (3)         In this Act, a reference to —

            (a)         works may be read, where the context so requires, as a reference to any structure, building, plant, equipment or other thing that results from providing those works; and

            (b)         works that are a part of land is a reference to works that are an intrinsic part of land (as compared to having been placed on land); and

            (c)         a thing in land or on land is a reference to a thing that is in, on, over or under the land, or a part of the land (in the case of works that are a part of land); and

            (d)         a thing placed on land is a reference to a thing that is placed in, on, over or under the land; and

            (e)         a thing being placed on land is a reference to a thing being placed in, on, over or under the land.