Western Australia: Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004 (WA)

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 title 2 2. Commencement 2 3. Terms used in this Act 2 4. Kambalda area defined 3 5. Kambalda Water and Wastewater Facilities described 3 Part 2 — Transfer to the Water Corporation Division 1 — Transfer of facilities and certain rights 6. Ownership of facilities 5 7. Rights to payment for services provided 5 8. Other rights 5 9. Liabilities not to pass 6 Division 2 — Incidental and related matters 10. Pipes and other things taken to have been put in place by the Water Corporation 6 11. Compensation not payable 7 12. Recovery of amounts owing for services provided 7 Division 3 — Transitional provisions 13. Licences and other authorities under written laws 8 14. Completion of things commenced 9 Part 3 — Notifications on title as to location of pipes and works 15. Terms used in this Part 10 16. Steps to be taken for recording of notifications 10 17. Exception where land is not a lot 11 18. Wording of notification 12 19. Recording of notification 12 20. Replacement of deposited plans and notifications 13 21. Amendment or removal of notification 13 22. Cost of complying with section 16(1) and (2) 14 Part 4 — General 23. Agreements on incidental matters 15 24. Saving 15 Schedule 1 — Kambalda area Division 1 — Plan of Kambalda area Division 2 — Map Grid of Australia coordinates Schedule 2 — Treated wastewater pipeline Notes Compilation table 22 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) approved 15 authority 13(1) commencement day 3 coordinates 3 fitting 5(1) fixture 5(1) headworks 5(1) Kambalda area 3 Kambalda Water and Wastewater Facilities 3 land 10(1) liability 9(1) new plan 20(2) notification 15 pipe 3 relevant Minister 13(1) relevant official 15 reticulation 5(1) sewer 5(1) sewerage works 5(1), 15 the transferred facilities 3, 5(2) title 18(1) treated wastewater pipeline 5(1) Water Corporation 3 water works 5(1), 15 WMC Resources Ltd 3 works 3