Water and Sewerage Legislation (Miscellaneous Amendments) Act 2009

Water and Sewerage Legislation (Miscellaneous Amendments) Act 2009

An Act to amend various Acts, to validate certain licences, and to enact transitional provisions, relating to the provision of water and sewerage services

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Water and Sewerage Legislation (Miscellaneous Amendments) Act 2009 .

2.   Commencement

(1)  Parts 1 , 2 and 5 commence on 30 June 2009 but if this Act does not receive the Royal Assent by 30 June 2009 those Parts are taken to have commenced on 30 June 2009.

(2)  The remaining provisions of this Act commence on 1 July 2009 but if this Act does not receive the Royal Assent by 1 July 2009 those provisions are taken to have commenced on 1 July 2009.

PART 2 - Water and Sewerage Industry Amendment Act 2008 Amended

PART 3 - Building Act 2000 Amended

5.   Principal Act

In this Part, the Building Act 2000 is referred to as the Principal Act.

PART 4 - Local Government (Building and Miscellaneous Provisions) Act 1993 Amended

11.   Principal Act

In this Part, the Local Government (Building and Miscellaneous Provisions) Act 1993 is referred to as the Principal Act.

PART 5 - Water and Sewerage Corporations Act 2008 Amended

PART 6 - Validation

16.   Validation of grant of licences

A licence referred to in column 2 of Schedule 1  –

(a) is to be taken to have been validly granted, in accordance with clause 12 of Schedule 4 to the Water Management Act 1999 , to the local authority specified opposite the licence in column 1, on the day on which it was purportedly granted in accordance with that clause; and

(b) is, if it was purportedly granted in accordance with that clause for a term of less than 50 years, to be taken to have been granted on that day for a term of 50 years.

PART 7 - Transitional Provisions

17.   Interpretation

In this Part –

commencement day means the day on which this Part comes into force.

18.   Applications under Land Use Planning and Approvals Act 1993 not determined before commencement day

(1)  In this section –

planning authority has the same meaning as in the Land Use Planning and Approvals Act 1993 ;

relevant application means an application for a permit under the Land Use Planning and Approvals Act 1993  –

(a) that was made, but not determined, under that Act before the commencement day; and

(b) that is an application in relation to which a notice to a regulated entity under section 56O of the Water and Sewerage Industry Act 2008 would, apart from this section, be required under that Act to be given.

(2)  Subdivision 3 of Division 2A of Part 4 of the Water and Sewerage Industry Act 2008 does not apply to a relevant application.

(3)  A planning authority must, before determining a relevant application made to it, consult with a regulated entity to whom, but for subsection (2) , a notice in relation to the application would be required to be given under section 56O of the Water and Sewerage Industry Act 2008 .

(4)  Subsection (3) does not apply to a planning authority in relation to a relevant application if the planning authority determines that it is not reasonably practicable for it to consult with the regulated entity before determining the application.

19.   Applications under Building Act 2000 not determined before commencement day

(1)  In this section –

permit authority, in relation to a relevant application, means the person that may grant the application under the Building Act 2000 ;

relevant application means an application under the Building Act 2000 for a building permit, plumbing permit, or special plumbing permit, that is an application that –

(a) was made, but was not determined, under that Act before the commencement day; and

(b) apart from subsection (2) , would only be permitted to be granted if a certificate had been granted under section 56TC of the Water and Sewerage Industry Act 2008 in relation to certifiable work, within the meaning of section 56TA of that Act, forming all or part of the building work or plumbing work to which the application relates;

relevant regulated entity, in relation to an relevant application in respect of a building or land, means the regulated entity in relation to which an occupier or owner of the building or land is, or is likely to become, a customer within the meaning of the Water and Sewerage Industry Act 2008 .

(2)  Subdivision 3A of Division 2A of Part 4 of the Water and Sewerage Industry Act 2008 does not apply to a relevant application.

(3)  A permit authority to which a relevant application has been made must, before determining the application under the Building Act 2000 , consult with the relevant regulated entity.

(4)  Subsection (3) does not apply to a permit authority in relation to a relevant application if the permit authority determines that it is not reasonably practicable for it to consult with the relevant regulated entity before determining the application.

20.   Provisions in respect of certain applications, agreements and permits relating to trade waste

(1)  In this section –

relevant regulated entity in relation to a permit or application in respect of land, means the regulated entity in relation to which an occupier or owner of the land is, or is likely to become, a customer within the meaning of the Water and Sewerage Industry Act 2008 .

(2)  If a special plumbing permit in relation to the discharge of trade waste –

(a) was granted to a person under the Building Act 2000 and is in force immediately before the commencement day; and

(b) is no longer required because of the amendment of section 77 of the Building Act 2000 by this Act –

the terms and conditions of the permit are to be taken to be the terms and conditions of a consent granted to the person under section 56ZI of the Water and Sewerage Industry Act 2008 in relation to the discharge of the trade waste.

(3)  A reference in subsection (2) to the terms and conditions of a permit includes a reference to the terms and conditions of any trade waste agreement that was –

(a) entered into under the Plumbing Regulations 2004 in accordance with the terms and conditions of the permit; and

(b) in force immediately before the commencement day.

(4)  A reference to a local authority in a trade waste agreement entered into by a local authority and a person under the Plumbing Regulations 2004 and in force immediately before the commencement day is to be taken to be a reference to the relevant regulated entity responsible for the provision of trade waste services to the person.

(5)  If –

(a) an application for a special plumbing permit for the discharge of trade waste was made, but not determined, under the Building Act 2000 before the commencement day; and

(b) after that day, such a permit is no longer required under the Building Act 2000 because of the amendment of section 77 of the Building Act 2000 by this Act –

the permit authority to which the application is made is to refer the application to the relevant regulated entity and the entity is to determine the application as if it were an application for the consent of the entity under section 56ZI of the Water and Sewerage Industry Act 2008 .

21.   Regulated entity to honour obligations under permits already issued or applied for

(1)  Subsection (2) applies to –

(a) a building permit, plumbing permit, or special plumbing permit, granted under the Building Act 2000 before the commencement day and in force immediately before that day; and

(b) a building permit, plumbing permit, or special plumbing permit, granted under the Building Act 2000 after the commencement day and to which section 19 applies; and

(c) a permit or agreement granted or entered into under the Land Use Planning and Approvals Act 1993 before the commencement day and in force or in operation immediately before that day; and

(d) a permit or agreement granted or entered into under the Land Use Planning and Approvals Act 1993 after the commencement day and to which section 18 applies.

(2)  If a permit or agreement to which this section applies required, or by implication required, a local authority to provide, or make arrangements for the provision of, water services or sewerage services to an area of land, a regulated entity for the area of land is to take all reasonable steps to provide or make arrangements for the provision of those services as required by the permit or agreement.

(3)  A reference to a local authority in an agreement entered into under the Land Use Planning and Approvals Act 1993 in relation to the provision of water services or sewerage services to an area is to be taken to be a reference to the regulated entity responsible for the provision of such services in the area.

22.   Certain terms and conditions of permits and agreements to become customer contracts

(1)  In this section –

relevant permit or agreement means –

(a) a permit or agreement, granted or entered into under the Land Use Planning and Approvals Act 1993 , that was in force or in operation immediately before the commencement day; and

(b) a building permit, planning permit, or special plumbing permit, granted under the Building Act 2000 , that was in force immediately before the commencement day and to which section 20 does not apply; and

(c) a building permit, plumbing permit, or special plumbing permit, granted under the Building Act 2000 after the commencement day and to which section 19 applies; and

(d) a permit or agreement, granted or entered into under the Land Use Planning and Approvals Act 1993 after the commencement day and to which section 18 applies;

relevant regulated entity, in relation to an relevant permit or agreement in respect of a building or land, means the regulated entity in relation to which an occupier or owner of the building or land is, or is likely to become, a customer within the meaning of the Water and Sewerage Industry Act 2008 ;

relevant terms and conditions means the terms and conditions, of a relevant permit or agreement, that relate to the provision of water or sewerage services.

(2)  If a relevant permit or agreement is granted to, or entered into by, a person before the commencement day –

(a) the person and the relevant regulated entity are to be taken, on and from that day, to have entered into a customer contract on the same terms and conditions as the relevant terms and conditions; and

(b) the customer contract is to remain in operation until another customer contract is entered into between the regulated entity and the person.

(3)  If a relevant permit or agreement is granted to, or entered into by, a person on a day after the commencement day –

(a) the person and the relevant regulated entity are to be taken, on and from the day the permit is granted or the agreement is entered into, to have entered into a customer contract on the same terms and conditions as the relevant terms and conditions; and

(b) the customer contract is to remain in operation until another customer contract is entered into between the regulated entity and the person.

23.   Time limits for actions may be extended by Minister

(1)  The Minister administering the Water and Sewerage Industry Act 2008 may, by notice, extend a period, specified in a provision in that Act, in which an action is to be performed by a regulated entity.

(2)  A period may not be extended under subsection (1) for more than 30 days.

(3)  A notice under subsection (1) is of no effect after the end of the period of 12 months beginning on the day on which this Part comes into force.

(4)  If a period, specified in a provision, in which an action is to be performed by a regulated entity is extended in a notice under subsection (1) , the entity is not to be taken to be in breach of the provision if it performs the action within the period so extended.

SCHEDULE 1 - Water licences

Section 16