Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004 00-d0-06 Xml
Western Australia
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004
Western Australia
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Terms used in this Act2
4.Kambalda area defined3
5.Kambalda Water and Wastewater Facilities described3
Part 2 — Transfer to the Water Corporation
Division 1 — Transfer of facilities and certain rights
6.Ownership of facilities5
7.Rights to payment for services provided5
8.Other rights5
9.Liabilities not to pass6
Division 2 — Incidental and related matters
10.Pipes and other things taken to have been put in place by the Water Corporation6
11.Compensation not payable7
12.Recovery of amounts owing for services provided7
Division 3 — Transitional provisions
13.Licences and other authorities under written laws8
14.Completion of things commenced9
Part 3 — Notifications on title as to location of pipes and works
15.Terms used in this Part10
16.Steps to be taken for recording of notifications10
17.Exception where land is not a lot11
18.Wording of notification12
19.Recording of notification12
20.Replacement of deposited plans and notifications13
21.Amendment or removal of notification13
22.Cost of complying with section 16(1) and (2)14
Part 4 — General
23.Agreements on incidental matters15
24.Saving15
Schedule 1 — Kambalda area
Division 1 — Plan of Kambalda area
Division 2 — Map Grid of Australia coordinates
Schedule 2 — Treated wastewater pipeline
Notes
Compilation table22
Defined terms
Western Australia
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004
No. 64 of 2004
An Act —
· to transfer ownership of the Kambalda Water and Wastewater Facilities and certain associated rights to the Water Corporation;
· to apply section 84 of the Water Agencies (Powers) Act 1984 to pipes and other things that are part of those facilities; and
· to make incidental and related provisions.
The Parliament of Western Australia enacts as follows:
Part 1
—
Preliminary
1 .Short title
This Act may be cited as the Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004 .
2 .Commencement
This Act comes into operation on a day fixed by proclamation.
3 .Terms used in this Act
In this Act —
commencement day means the day on which this Act comes into operation;
coordinates means Map Grid of Australia 1994 grid coordinates in Zone 51 of the Universal Transverse Mercator Grid System based on the Geocentric Datum of Australia;
Kambalda area has the meaning given by section 4;
Kambalda Water and Wastewater Facilities or the transferred facilities
has the meaning given by section 5;
pipe means a main, reticulation or service pipe used for water supply or sewerage services, and includes —
(a)any plug, stop‑cock, water‑cock, syphon, branch or apparatus used in connection with such pipe; and
(b)any part of a pipe;
Water Corporation means the Water Corporation established by the Water Corporations Act 1995 section 4(1);
WMC Resources Ltd means the company incorporated under the Corporations Act 2001 of the Commonwealth as WMC Resources Ltd (ACN 004 184 598);
works includes excavations, buildings, structures, plant and equipment.
[Section 3 amended: No. 25 of 2012 s. 219.]
4 .Kambalda area defined
(1)The Kambalda area is the area defined by notional straight lines on the surface of the Earth connecting the points identified by numbers on the plan in Schedule 1 Division 1 starting at point number 1, moving in a clockwise direction and ending at that point.
(2)The position on the surface of the Earth of a numbered point referred to in subsection (1) is to be determined by reference to the coordinates specified in the second and third columns in Schedule 1 Division 2 opposite the number.
5 .Kambalda Water and Wastewater Facilities described
(1)In this section —
fitting ,
fixture and sewer have the meanings given by section 3 of the Water Agencies (Powers) Act 1984 ;
headworks and reticulation have the meanings given by section 65 of the Water Agencies (Powers) Act 1984 ;
sewerage works means sewers and —
(a)all headworks, reticulation works and other works; and
(b)all pipes, meters and things,
connected with any sewer;
treated wastewater pipeline means the pipeline that starts at or near the point fixed by the coordinates 373008.84E / 6548603.23N and ends at or near the point fixed by the coordinates 371239.69E / 6546413.50N, as shown by the coordinates specified on the plan in Schedule 2;
water works means all works for the supply, storage and distribution of water, including headworks, reticulation works, pipes, meters and things that are part of such works.
(2)The Kambalda Water and Wastewater Facilities ( the transferred facilities )
comprise —
(a)the water works; and
(b)the sewerage works,
located within the Kambalda area that immediately before the commencement day were maintained or operated by WMC Resources Ltd to provide water supply and sewerage services within that area.
(3)The transferred facilities do not include —
(a)the treated wastewater pipeline; and
(b)any —
(i)water pipe or water supply fixture or fitting downstream from the meter assembly on a lot or parcel of land in the Kambalda area; or
(ii)sewer pipe or sewerage fixture or fitting located on such a lot or parcel,
being a pipe, fixture or fitting that services only the lot or parcel concerned.
Part 2 — Transfer to the Water Corporation
Division 1 — Transfer of facilities and certain rights
6 .Ownership of facilities
On the commencement day —
(a)the ownership of the Kambalda Water and Wastewater Facilities is by virtue of this section transferred to the Water Corporation; and
(b)any claim, right, title or interest of any other person in respect of —
(i)the transferred facilities as they existed immediately before the commencement day; or
(ii)any thing that formed part of the transferred facilities immediately before that day,
is extinguished by the operation of paragraph (a).
7 .Rights to payment for services provided
(1)On the commencement day all rights of WMC Resources Ltd to be paid for water supply services or sewerage services provided by it in the Kambalda area before that day, to the extent that payment has not been made for those services, are by virtue of this section transferred to the Water Corporation.
(2)Subsection (1) applies to a right to be paid for a service whether or not an account for the service has been issued before the commencement day.
8 .Other rights
On the commencement day the right of WMC Resources Ltd to any remedy or redress whether actual, contingent or prospective, other than a right to which section 7 applies, against any person in relation to the transferred facilities is by virtue of this section transferred to the Water Corporation.
9 .Liabilities not to pass
(1)In this section —
liability means any liability, duty or obligation whether actual, contingent or prospective or liquidated or unliquidated, and includes a liability for breach of any term or condition of an authority referred to in section 13.
(2)Nothing in this Act is to be read as having the effect that a liability of WMC Resources Ltd as at the commencement day becomes on and after that day a liability of the Water Corporation.
Division 2 — Incidental and related matters
10 .Pipes and other things taken to have been put in place by the Water Corporation
(1)In this section —
land has the meaning given by section 3(1) of the Water Agencies (Powers) Act 1984 .
(2)On and after the commencement day —
(a)section 84(1) of the Water Agencies (Powers) Act 1984 has effect in respect of all pipes, works or other things that —
(i)form part of the transferred facilities; and
(ii)are on, in, over or under any land,
as if before that day the pipes, works or things were placed on, in, over or under the land by the Water Corporation in exercise of a power conferred by that Act; and
(b)section 84(2) and (3) of that Act have effect accordingly in respect of the pipes, works and other things.
11 .Compensation not payable
(1)A person is not entitled to receive from the Water Corporation or another person any amount by way of compensation, reimbursement or otherwise for any loss, detriment or cost that the person suffers or incurs because of —
(a)the transfer of ownership effected by section 6; or
(b)the operation of section 10.
(2)Without limiting subsection (1), section 81(1) and (2) of the Water Agencies (Powers) Act 1984 apply to any works or other things that form part of the transferred facilities.
12 .Recovery of amounts owing for services provided
(1)The Water Corporation may take any action that is necessary or expedient for the recovery of any amount to which it is entitled by virtue of section 7.
(2)Without limiting subsection (1), an amount required by virtue of section 7 to be paid to the Water Corporation by a person for water supply services or sewerage services provided by WMC Resources Ltd may be recovered from the person —
(a)in the case of an amount to be paid for water supply services, under Part VII of the Country Areas Water Supply Act 1947 as if it were a water supply charge within the meaning in that Act; and
(b)in the case of an amount to be paid for sewerage services, under Part VII of the Country Towns Sewerage Act 1948 as if it were a sewerage charge within the meaning in that Act,
that is recoverable from that person.
Division 3 — Transitional provisions
13 .Licences and other authorities under written laws
(1)In this section —
authority means a licence, permit, registration, right, approval, exemption or other authority issued or granted under a written law in relation to or in connection with the transferred facilities;
relevant Minister means the Minister administering the written law under which the authority concerned was issued or granted.
(2)Any authority in force immediately before the commencement day —
(a)that —
(i)is issued or granted to WMC Resources Ltd; or
(ii)otherwise confers authority on that company to do or refrain from doing any thing;
and
(b)that is of a kind which the Water Corporation is required to hold,
continues to have effect by force of this section as if it had been issued or granted to, or conferred authority on, the Water Corporation.
(3)In relation to an authority of a particular kind subsection (2) applies on and after the commencement day until —
(a)an authority of that kind, or an exemption from the requirement to hold an authority of that kind, is issued or granted to the Water Corporation; or
(b)the expiry of the period of 3 years, or such longer period as the relevant Minister may determine, after the commencement day,
whichever first occurs.
(4)Subsections (2) and (3) have effect despite any provision of a written law or any term or condition of an authority.
(5)The Water Corporation must, as soon as is practicable after the commencement day, make any application under a written law that is necessary for the purposes of subsection (3)(a).
14 .Completion of things commenced
Anything commenced to be done by WMC Resources Ltd before the commencement day in relation to the transferred facilities may, subject to section 9, be continued by the Water Corporation so far as the doing of that thing is within the powers of the Water Corporation after that day.
Part 3
—
Notifications on title as to location of pipes and works
15 .Terms used in this Part
In this Part —
approved , in relation to a form, means approved by the relevant official;
notification means a notification referred to in section 16;
relevant official , in relation to a lot or parcel of land, means —
(a)the Registrar of Titles under the Transfer of Land Act 1893 ; or
(b)the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856 ,
according to which of them has responsibility for the register relating to the lot or parcel;
sewerage works means the sewerage works referred to in section 5(2) but excluding the pipes, fixtures and fittings referred to in section 5(3)(b);
water works means the water works referred to in section 5(2) but excluding the pipes, fixtures and fittings referred to in section 5(3)(b).
[Section 15 amended: No. 47 of 2011 s. 16.]
16 .Steps to be taken for recording of notifications
(1)As soon as is practicable after the commencement day the Water Corporation is to deposit with the relevant official —
(a)one or more plans of the sewerage works; and
(b)one or more plans of the water works,
showing the location or approximate location of the pipes, works and other things that immediately before the commencement day were part of the works referred to in paragraphs (a) and (b).
(2)For each lot or parcel of land in the Kambalda area the Water Corporation is to lodge with the relevant official, after subsection (1) has been complied with —
(a)a notification, in accordance with an approved form, in respect of pipes, works and other things referred to in that subsection that were part of the sewerage works; and
(b)a notification, in accordance with an approved form, in respect of pipes, works and other things referred to in that subsection that were part of the water works.
(3)Despite subsection (2) —
(a)where appropriate, a single notification in accordance with an approved form may be lodged under that subsection in respect of all pipes, works and other things referred to in subsection (1); and
(b)a notification need not be lodged for a lot or parcel in respect of pipes, works and other things referred to in subsection (1) if the Water Corporation has satisfied itself that there were no such pipes, works or other things on, in, over or under the land concerned immediately before the commencement day.
(4)Subsection (2) does not apply to a lot or parcel of land of which the Water Corporation is registered under the Transfer of Land Act 1893 as the owner of the freehold.
17 .Exception where land is not a lot
(1)The Water Corporation is not required —
(a)to comply with section 16(2) in respect of any land that is not a lot; or
(b)to take any steps for the creation of a lot to enable that subsection to be complied with in respect of any land.
(2)However, the Water Corporation is to comply with section 16(2) in respect of land if at any time it appears to the Corporation that subsection (1)(a) has ceased to apply to the land.
18 .Wording of notification
(1)In this section —
title means —
(a)a certificate of title under the Transfer of Land Act 1893 ; and
(b)a relevant document in the register of deeds under the Registration of Deeds Act 1856 .
(2)A notification —
(a)is to be worded so that it constitutes notice to —
(i)the proprietor of; and
(ii)a person searching the title relating to,
a lot or parcel of land that pipes, works and other things that immediately before the commencement day were part of —
(iii)the sewerage works; or
(iv)the water works,
may be on, in, over or under the land; and
(b)is to refer to the pipes, works and other things as shown on the relevant plan deposited under this Part.
19 .Recording of notification
When —
(a)a notification under section 16(2) has been lodged in respect of a lot or parcel; and
(b)the required fee has been paid,
the relevant official is to record the notification —
(c)on the certificate of title for the lot or parcel; or
(d)in the register of deeds under the Registration of Deeds Act 1856 ,
as the case may require.
20 .Replacement of deposited plans and notifications
(1)If the Water Corporation considers that it is necessary or desirable to better show the location or approximate location of any pipe, works or other thing for the purposes of this Part, it may deposit with the relevant official a plan that replaces a plan deposited under section 16(1).
(2)Where a plan is replaced by another deposited plan (the new plan ) the Water Corporation must lodge with the relevant official —
(a)a request, in accordance with an approved form, for the removal of any existing notification that refers to the replaced plan; and
(b)a notification —
(i)in accordance with an approved form; and
(ii)referring to the pipes, works and other things as shown on the new plan,
to replace the existing notification.
(3)Subject to payment of the required fee, the relevant official is to comply with a request that is lodged under subsection (2)(a).
(4)Section 19 applies with all necessary changes where a notification is lodged under subsection (2)(b).
21 .Amendment or removal of notification
(1)Where a notification has been recorded under section 19, the Water Corporation may, in accordance with an approved form —
(a)request the relevant official to amend the notification; or
(b)with the approval of the Minister, request the relevant official to remove the notification, whether in whole or in part.
(2)The Minister is not to give an approval for the purposes of subsection (1)(b) in respect of any land unless he or she is satisfied that it is no longer necessary for notice to be given to persons searching the title as mentioned in section 18(2)(a).
(3)Subject to payment of the required fee, the relevant official is to comply with a request that is duly made under subsection (1).
22 .Cost of complying with section 16(1) and (2)
(1)WMC Resources Ltd must pay to the Water Corporation on demand the amount of any cost or expense reasonably incurred by the Water Corporation —
(a)in complying with section 16(1) and (2); and
(b)in doing anything required to enable it to comply with those subsections.
(2)The Water Corporation may recover an amount referred to in subsection (1) in a court of competent jurisdiction as a debt due to it by WMC Resources Ltd.
Part 4
—
General
23 .Agreements on incidental matters
(1)Nothing in this Act is to be taken to limit the ability of WMC Resources Ltd and the Water Corporation —
(a)to determine any matter incidental or supplementary to the operation of this Act by agreement made between them, whether before or after the commencement day; and
(b)to give effect to any such agreement.
(2)An agreement referred to in subsection (1) must not be inconsistent with this Act.
24 .Saving
The operation of any provision of this Act is not to be regarded —
(a)as a breach of contract or confidence or otherwise as a civil wrong;
(b)as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or rights or the disclosure of information;
(c)as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset or right;
(d)as causing any contract or instrument to be void or otherwise unenforceable; or
(e)as releasing or allowing the release of any surety.
Schedule 1 — Kambalda area
[s. 4]
Division 1 —
Plan of Kambalda area
Note:
For the interpretation of this plan, see section 4.
Division 2 — Map Grid of
Australia
coordinates
Point
Coordinates mE
Coordinates mN
1
368446.102
6544994.798
2
367886.400
6545224.837
3
367833.889
6545826.212
4
367734.730
6546081.617
5
367540.564
6546299.906
6
367332.541
6546781.454
7
367572.089
6546885.625
8
367786.969
6547069.154
9
368052.680
6547047.689
10
368485.289
6547126.784
11
368900.656
6547383.817
12
369113.441
6547385.558
13
369331.024
6547290.171
14
369449.552
6547258.767
15
369457.992
6547298.298
16
369548.640
6547273.000
17
369557.235
6547229.825
18
369494.095
6546988.986
19
369496.053
6546739.394
20
369520.263
6546717.020
21
369664.666
6546873.970
22
369850.083
6546702.364
23
369706.252
6546544.717
24
369774.758
6546480.357
25
369760.744
6546463.301
26
370062.828
6546322.450
27
371098.875
6546329.974
28
371106.726
6546343.087
29
371075.234
6546405.012
30
371170.265
6546501.367
31
371241.937
6546438.936
32
371337.976
6546508.613
33
371330.141
6546789.810
34
371602.096
6546883.464
35
371597.974
6547181.674
36
371396.160
6547511.439
37
371501.101
6547575.387
38
371470.411
6547625.179
39
371585.705
6547689.908
40
371547.989
6547746.487
41
371436.555
6547829.435
42
371437.000
6548205.000
43
371977.000
6548205.000
44
371975.968
6547864.237
45
372599.111
6548229.843
46
372656.843
6548496.126
47
372506.739
6548528.672
48
372563.459
6548790.299
49
372459.701
6548812.796
50
372500.434
6549002.210
51
372614.546
6548977.670
52
372656.598
6549173.197
53
372793.467
6549143.765
54
372797.672
6549163.315
55
372848.795
6549151.009
56
372715.966
6548532.206
57
372760.441
6548523.748
58
372691.337
6548173.548
59
372157.843
6547855.307
60
372224.631
6547697.430
61
372237.818
6547526.216
62
372413.643
6547628.482
63
372618.943
6547732.082
64
372681.065
6547751.835
65
373002.673
6547913.141
66
373090.653
6547955.427
67
373094.721
6547988.878
68
373099.482
6547992.383
69
373102.403
6547994.664
70
373104.722
6548003.360
71
373110.785
6548017.432
72
373127.206
6548014.632
73
373149.545
6547954.669
74
373149.769
6547951.764
75
373143.909
6547934.173
76
373141.408
6547932.147
77
373141.753
6547925.646
78
373135.553
6547790.305
79
373139.417
6547623.298
80
373180.736
6547442.140
81
373238.940
6547369.545
82
373348.194
6547313.729
83
373512.576
6547223.476
84
373741.477
6547066.060
85
373729.743
6547049.864
86
373718.022
6547041.823
87
373728.961
6546977.963
88
373725.256
6546871.628
89
373619.853
6546890.673
90
373521.045
6546867.464
91
373328.692
6546752.695
92
372922.432
6546668.432
93
372440.438
6546674.993
94
372337.978
6546714.788
95
372253.190
6546842.128
96
372210.380
6546907.594
97
371810.791
6546795.325
98
371656.326
6546691.655
99
371360.953
6546468.827
100
371365.096
6546238.628
101
371103.517
6546237.453
102
371073.800
6546283.105
103
371078.923
6546294.663
104
370147.902
6546280.846
105
370221.223
6546242.527
106
370314.669
6546179.128
107
370450.743
6546091.936
108
370284.511
6545886.863
109
370132.558
6545986.087
110
370269.418
6546148.566
111
370198.957
6546208.931
112
370064.883
6546275.730
113
369906.611
6546349.931
114
369643.455
6546265.494
115
369360.702
6545912.184
116
369542.583
6545784.093
117
369479.402
6545694.393
118
369338.482
6545672.213
119
369282.861
6545713.588
120
369200.769
6545685.187
121
368745.153
6545094.527
122
368516.792
6544903.767
Schedule 2 — Treated wastewater pipeline
[s. 5(1)]
Note:
For the interpretation of this plan, see the definitions of “treated wastewater pipeline” in section 5(1) and of “coordinates” in section 3.
Notes
1 This is a compilation of the Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004 and includes the amendments made by the other written laws referred to in the following table.
Compilation table
Short title
Number and year
Assent
Commencement
Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004
64 of 2004
30 Nov 2004
11 Jun 2005 (see s. 2 and Gazette 10 Jun 2005 p. 2565)
Statutes (Repeals and Minor Amendments) Act 2011 s. 16 .
47 of 2011
25 Oct 2011
26 Oct 2011 (see s. 2(b))
Water Services Legislation Amendment and Repeal Act 2012 s. 219
25 of 2012
3 Sep 2012
18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028)
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
approved15
authority13(1)
commencement day3
coordinates3
fitting5(1)
fixture5(1)
headworks5(1)
Kambalda area3
Kambalda Water and Wastewater Facilities3
land10(1)
liability9(1)
new plan20(2)
notification15
pipe3
relevant Minister13(1)
relevant official15
reticulation5(1)
sewer5(1)
sewerage works5(1), 15
the transferred facilities3, 5(2)
title18(1)
treated wastewater pipeline5(1)
Water Corporation3
water works5(1), 15
WMC Resources Ltd3
works3