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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
WATER AND SEWERAGE TASMANIA BILL 2017
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Relationship of Act with Government Business Enterprises Act
1995
PART 2 - ESTABLISHMENT OF WATER AND SEWERAGE
TASMANIA
5. Water and Sewerage Tasmania established
6. Objectives of Corporation
7. Functions of Corporation
8. Power to give directions to Corporation
9. No privatisation
PART 3 - PAYMENTS TO COUNCILS
Division 1 - Transition period payments
10. Amounts to councils to be paid from Public Account during
transition period
Division 2 - Payments after transition period
11. Council payment amounts to be included in annual report
12. Treasurer to make adjusted payments order and lay it before both
Houses of Parliament
[Bill 41]-XI
13. House of Parliament may disallow adjusted payments order
14. Payment of amounts to councils
PART 4 - INFRASTRUCTURE INVESTMENT
15. Infrastructure investment plans
16. Amendment of infrastructure investment plan
17. Corporate plan to be consistent with infrastructure investment
plan
18. Certain objectives in Government Business Enterprises Act 1995
to be modified
PART 5 - TRANSITION FROM COUNCIL-OWNED COMPANY TO
CORPORATION
19. Transfer to Corporation of assets, &c., of council-owned
company
20. Transfer to Corporation of employees of council-owned
company
21. Application of certain instruments under Environmental
Management and Pollution Control Act 1994
22. Council-owned company to provide assistance, information, &c.
23. Council-owned company to cease to have functions of water and
sewerage provision
24. Expenses, costs, financial statements and annual reports of
council-owned company
25. Councils to reimburse unreasonable costs, expenses and
extraordinary liabilities
PART 6 - MISCELLANEOUS
26. Relationship of this Act to the Corporations Act
27. Limitation on borrowing by Corporation
28. Parts 10 and 11 of Government Business Enterprises Act 1995
not to apply to Corporation
29. Certain references to Minister in Government Business
Enterprises Act 1995
30. Protection for actions under this Act
31. Regulations
2
32. Administration of Act
33. Consequential Amendments
34. Legislation repealed
SCHEDULE 1 - PAYMENTS TO COUNCILS
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 3 - LEGISLATION REPEALED
3
4
WATER AND SEWERAGE TASMANIA BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
12 September 2017
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to establish Water and Sewerage Tasmania and to
establish it as a government business enterprise, to make
provision in relation to its functions and investment in, and
the disposal of, its infrastructure, to transfer to it assets,
rights, liabilities and employees of the council-owned
company, to provide for payment of certain amounts to
councils, to repeal the Water and Sewerage Corporation Act
2012, and for related purposes
Be it enacted by Her 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 Tasmania Act 2017.
THIS BILL IS COGNATE WITH THE WATER AND SEWERAGE TASMANIA
(CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2017
[Bill 41] 5
Water and Sewerage Tasmania Act 2017
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Interpretation
In this Act, unless the contrary intention
appears -
asset means property of any kind, whether
tangible or intangible, real or personal,
present or future, whether arising from,
accruing under, created or evidenced by
or the subject of, an instrument or
otherwise and whether liquidated or
unliquidated, actual, contingent or
prospective, to the extent that it relates,
directly or indirectly, to the water and
sewerage functions of the Corporation
and includes, without limitation, any -
(a) legal or equitable estate or
interest in real or personal
property; and
(b) chose in action; and
(c) money, documents or securities;
and
(d) infrastructure; and
(e) plant or equipment; and
(f) National Tax Equivalent Regime
carry forward losses; and
6
Water and Sewerage Tasmania Act 2017
Act No. of
Part 1 - Preliminary s. 3
(g) intellectual property; and
(h) goodwill; and
(i) records; and
(j) any other right;
Board means the Board of Directors of the
Corporation appointed under
section 11(1) of the Government
Business Enterprises Act 1995;
Corporation means Water and Sewerage
Tasmania, as established by section 5;
council-owned company means the
Tasmanian Water & Sewerage
Corporation Pty Ltd ACN 162 220 653,
trading as TasWater;
infrastructure means -
(a) sewerage infrastructure; and
(b) water infrastructure;
infrastructure investment plan means the
infrastructure investment plan approved
under section 15(6), as amended, if at all,
by an amendment that has been approved
under section 16(4);
liability means any liability, duty or
obligation, whether actual, contingent or
prospective, liquidated or unliquidated,
and whether owed alone or jointly or
7
Water and Sewerage Tasmania Act 2017
Act No. of
s. 3 Part 1 - Preliminary
jointly and severally with any other
person;
Minister means, if the administration of this
Act is assigned to the Treasurer, the
Minister to whom is assigned the
administration of the Water Management
Act 1999;
Regulator has the same meaning as in the
Economic Regulator Act 2009;
right means any right, power, privilege or
immunity, whether actual, contingent or
prospective;
sewage includes trade waste;
sewerage infrastructure has the same
meaning as in the Water and Sewerage
Industry Act 2008;
sewerage service has the same meaning as in
the Water and Sewerage Industry Act
2008;
transfer day means the day specified in a
notice under section 19(1) as the transfer
day;
water includes recycled water and re-use
water, but does not include sewage;
water and sewerage functions means -
(a) in the case of water, any function
associated with -
8
Water and Sewerage Tasmania Act 2017
Act No. of
Part 1 - Preliminary s. 3
(i) the collection or storage
of that water, including by
way of bulk supply; and
(ii) the treatment of that
water; and
(iii) the conveyance and
reticulation of that water;
and
(iv) the supply of that water;
and
(b) in the case of sewerage, any
function associated with -
(i) the collection or storage
of sewage; and
(ii) the conveyance and
reticulation of sewage;
and
(iii) the treatment of sewage;
and
(c) any other functions associated
with the functions referred to in
paragraph (a) or (b), which may
include those associated with
stormwater and the re-use of
sewage; and
(d) any other function that is
prescribed;
9
Water and Sewerage Tasmania Act 2017
Act No. of
s. 4 Part 1 - Preliminary
water infrastructure has the same meaning as
in the Water and Sewerage Industry Act
2008;
water service has the same meaning as in the
Water and Sewerage Industry Act 2008.
4. Relationship of Act with Government Business
Enterprises Act 1995
Despite section 5 of the Government Business
Enterprises Act 1995, if a provision of this Act is
inconsistent with a provision of that Act, the
provision of this Act prevails to the extent of the
inconsistency.
10
Water and Sewerage Tasmania Act 2017
Act No. of
Part 2 - Establishment of Water and Sewerage Tasmania s. 5
PART 2 - ESTABLISHMENT OF WATER AND
SEWERAGE TASMANIA
5. Water and Sewerage Tasmania established
Water and Sewerage Tasmania (the
Corporation) is established by this section.
6. Objectives of Corporation
(1) The principal objectives of the Corporation are -
(a) to efficiently and effectively provide
water and sewerage functions in
Tasmania; and
(b) to deliver water services and sewerage
services in Tasmania as efficiently and
effectively as possible; and
(c) to ensure sustainable, efficient and
effective investment in water
infrastructure and sewerage
infrastructure.
(2) Section 7(1) of the Government Business
Enterprises Act 1995 does not apply in relation
to the Corporation.
7. Functions of Corporation
On and from the transfer day, the functions of
the Corporation are -
11
Water and Sewerage Tasmania Act 2017
Act No. of
s. 8 Part 2 - Establishment of Water and Sewerage Tasmania
(a) to provide water and sewerage functions
in Tasmania; and
(b) to deliver water services and sewerage
services in Tasmania; and
(c) to invest in water infrastructure and
sewerage infrastructure; and
(d) such other functions as are conferred on
the Corporation by this or any other Act.
8. Power to give directions to Corporation
(1) The Minister and the Treasurer may jointly, by
notice in writing to the Corporation, give a
direction to the Corporation -
(a) in relation to any matter related to the
performance or exercise by the
Corporation of its functions or powers
under this or any other Act; or
(b) in relation to the achievement of the
obligations of the Corporation; or
(c) relating to the council-owned company.
(2) The Corporation must ensure that a copy of a
direction given under subsection (1) is available
for viewing by a member of the public at a
website of the Corporation until the next annual
report of the Corporation is tabled in Parliament
in accordance with section 56 of the Government
Business Enterprises Act 1995.
12
Water and Sewerage Tasmania Act 2017
Act No. of
Part 2 - Establishment of Water and Sewerage Tasmania s. 8
(3) The Corporation must comply with a direction
given under subsection (1).
(4) In the event of an inconsistency between -
(a) a provision of a corporate plan of the
Corporation or of the infrastructure
investment plan; and
(b) a direction under subsection (1) -
the direction applies.
(5) The Minister and the Treasurer may jointly, by
notice in writing to the Corporation, revoke a
direction to the Corporation under
subsection (1).
(6) The Corporation must include in the annual
report of the Corporation prepared in accordance
with section 55(1) of the Government Business
Enterprises Act 1995 -
(a) a copy of any direction, given under
subsection (1), that is in force; and
(b) a copy of any revocation under
subsection (5) of a direction; and
(c) details as to the extent to which the
Corporation has complied with all
directions, given under subsection (1),
that are in force.
(7) The Corporation, and any person acting on
behalf of the Corporation, are indemnified by the
Crown against any liability incurred by the
person or the Corporation in relation to -
13
Water and Sewerage Tasmania Act 2017
Act No. of
s. 9 Part 2 - Establishment of Water and Sewerage Tasmania
(a) an action taken by the person in relation
to a direction under subsection (1); or
(b) a failure by the person to take an action
in relation to the direction -
if the person took the action in good faith, or
failed in good faith to take the action, in the
belief that taking the action, or failing to take the
action, was necessary or convenient to
implement the direction.
9. No privatisation
(1) The Corporation must not be privatised.
(2) The Corporation must not -
(a) sell, lease or otherwise dispose of water
infrastructure or sewerage infrastructure;
or
(b) sell, lease or otherwise dispose of land.
(3) Subsection (2) does not apply in respect of the
sale, lease or other disposal of water
infrastructure or sewerage infrastructure, if the
sale, lease or disposal relates to, or arises from,
the maintenance, repair, replacement or
upgrading of water infrastructure or sewerage
infrastructure.
(4) Nothing in the Government Business Enterprises
Act 1995 or any other Act is to be taken to
prevent the application of this section in relation
to the Corporation.
14
Water and Sewerage Tasmania Act 2017
Act No. of
Part 3 - Payments to Councils s. 10
PART 3 - PAYMENTS TO COUNCILS
Division 1 - Transition period payments
10. Amounts to councils to be paid from Public Account
during transition period
(1) Subject to section 25(4), between 1 April and
30 April of each financial year that occurs within
the period beginning on 1 July 2018 and ending
on 30 June 2025, the Treasurer is to pay, to each
council specified in Column 1 of Schedule 1, the
amount specified opposite the council in
Column 2 of that Schedule.
(2) Amounts under subsection (1) are to be paid
from the Consolidated Fund from an amount
appropriated by Parliament for the purpose.
Division 2 - Payments after transition period
11. Council payment amounts to be included in annual
report
(1) Each annual report under the Government
Business Enterprises Act 1995 that is prepared,
in relation to the Corporation, for the 2024-2025
financial year or a subsequent financial year -
(a) is to include an amount designated as the
standard total payment to councils; and
(b) may include an amount, that is less than
the standard total payment to councils,
designated as the adjusted total payment
to councils.
15
Water and Sewerage Tasmania Act 2017
Act No. of
s. 11 Part 3 - Payments to Councils
(2) The amount designated in an annual report for a
financial year as the standard total payment to
councils is to be -
(a) equal to one half of the amount stated in
that annual report to be the profit of the
Corporation for that financial year; or
(b) zero, if the annual report states that the
Corporation has not made a profit for
that financial year.
(3) The Board may only designate an amount, in an
annual report for a financial year, as the adjusted
total payment to councils if the Board is of the
opinion -
(a) that to pay to the councils the standard
total payment to councils would -
(i) prevent the Corporation from
achieving its objectives under this
Act; or
(ii) prevent the Corporation from
satisfying the requirements of its
corporate plan or its
infrastructure investment plan; or
(iii) prevent the Corporation from
complying with any directions
issued to the Corporation under
this Act; or
(iv) prevent the Corporation from
complying with any obligations
imposed on the Corporation
16
Water and Sewerage Tasmania Act 2017
Act No. of
Part 3 - Payments to Councils s. 12
under the Water and Sewerage
Industry Act 2008; or
(v) result in the liabilities of the
Corporation exceeding the assets
of the Corporation; or
(vi) materially prejudice the ability of
the Corporation to pay its
creditors; and
(b) that the amount of the adjusted total
payment to councils is consistent with
the Corporation -
(i) achieving its objectives under this
Act; and
(ii) meeting the requirements of its
corporate plan and its
infrastructure investment plan.
(4) An annual report, for a financial year, that
includes an amount designated as the adjusted
total payment to councils is to include a
statement of the Board's reasons for including
the amount.
12. Treasurer to make adjusted payments order and
lay it before both Houses of Parliament
(1) If an amount is, under section 11, designated, in
an annual report for a financial year, as the
adjusted total payment to councils, the Treasurer,
within 3 sitting-days after the annual report is
laid before each House of Parliament under the
17
Water and Sewerage Tasmania Act 2017
Act No. of
s. 13 Part 3 - Payments to Councils
Government Business Enterprises Act 1995, is to
make an order (an adjusted payments order) in
relation to the financial year.
(2) An adjusted payments order made under
subsection (1) in relation to a financial year is
to -
(a) specify the amount designated in the
annual report in relation to the financial
year as the adjusted total payment to
councils; and
(b) include a copy of the statement included
in the annual report in accordance with
section 11(4).
(3) The Treasurer is to lay before each House of
Parliament an adjusted payments order made
under subsection (1) in relation to a financial
year.
(4) An adjusted payments order in relation to a
financial year is to be laid before each House of
Parliament under subsection (3) within 3 sitting-
days after the annual report in relation to that
financial year is laid before each House of
Parliament under the Government Business
Enterprises Act 1995.
13. House of Parliament may disallow adjusted
payments order
(1) A House of Parliament may disallow an adjusted
payments order that is laid before the House
under section 12.
18
Water and Sewerage Tasmania Act 2017
Act No. of
Part 3 - Payments to Councils s. 14
(2) A House of Parliament may only disallow an
adjusted payments order under subsection (1) -
(a) between 1 January and 30 March of the
year after the year in which the order is
laid before the House, unless
paragraph (b) applies; or
(b) if there are not at least 3 sitting-days
within the period referred to in
paragraph (a) - within the first 5 sitting-
days after 1 January of the year after the
year on which the order is laid before the
House.
(3) An adjusted payments order is not to be taken to
have ceased to be laid before a House of
Parliament by reason of the Parliament having
been prorogued.
14. Payment of amounts to councils
(1) The Corporation must, between 1 April and 30
April in a financial year that begins after
30 June 2025, pay, to each council specified in
Column 1 of Schedule 1, the proportion,
specified, opposite the council, in Column 3 of
that Schedule, of the total amount payable to all
councils in relation to the previous financial
year, as determined under subsection (3).
(2) Despite subsection (1), if -
(a) an adjusted payments order in relation to
a financial year is laid before a House of
Parliament; and
19
Water and Sewerage Tasmania Act 2017
Act No. of
s. 14 Part 3 - Payments to Councils
(b) section 13(2)(b) applies in relation to the
order -
the Corporation must pay the amounts payable
under subsection (1) within 10 business days
after the first 5 sitting-days after 1 January of the
year after the year in which the order is laid
before the House.
(3) The total amount payable to all councils in
relation to a previous financial year is -
(a) except if paragraph (b) applies, the
amount designated in an annual report
for the financial year as the standard total
payment to councils; or
(b) if an adjusted payments order -
(i) has been made under section 12
in relation to that financial year;
and
(ii) has been laid before both Houses
of Parliament; and
(iii) has not been disallowed by either
House of Parliament under
section 13 -
the amount specified in the adjusted
payments order as the adjusted total
payment to councils.
(4) The Corporation -
20
Water and Sewerage Tasmania Act 2017
Act No. of
Part 3 - Payments to Councils s. 14
(a) is to make all payments under this
section from the Corporation's retained
earnings; and
(b) is, in the financial accounts for a
financial year, to classify all payments
under this section in that year as a change
of equity and not as an expense; and
(c) is to disclose, in the statement of changes
in the Corporation's equity made in the
financial accounts for a financial year, all
payments under this section.
21
Water and Sewerage Tasmania Act 2017
Act No. of
s. 15 Part 4 - Infrastructure Investment
PART 4 - INFRASTRUCTURE INVESTMENT
15. Infrastructure investment plans
(1) At the same time as it prepares, in accordance
with section 39(1) of the Government Business
Enterprises Act 1995, a corporate plan for the
Corporation, the Board must prepare an
infrastructure investment plan for the
Corporation.
(2) An infrastructure investment plan is to -
(a) relate to the 10-year period beginning on
the day on which the plan comes into
effect; and
(b) be in a form and contain the information
specified in the Treasurer's Instructions;
and
(c) be consistent with the ministerial charter
for the Corporation; and
(d) except to the extent that to do so would
be inconsistent with a direction under
section 8, promote efficient long-term
investment in water infrastructure and
sewerage infrastructure, so as to achieve
the lowest sustainable costs of the
provision of water services and sewerage
services.
(3) In the course of preparing an infrastructure
investment plan, the Board must consult with the
Minister and the Treasurer.
22
Water and Sewerage Tasmania Act 2017
Act No. of
Part 4 - Infrastructure Investment s. 15
(4) The Board must provide a draft of the
infrastructure investment plan to the Minister
and the Treasurer -
(a) not later than 60 days before the day on
which the infrastructure investment plan
will take effect; and
(b) at the same time as it provides to the
Minister and the Treasurer, under
section 39(3) of the Government
Business Enterprises Act 1995, a draft of
the corporate plan for the Corporation.
(5) The Minister or the Treasurer may authorise the
Board to provide the draft of an infrastructure
investment plan under subsection (4) by a day
that is later than the day specified in that
subsection.
(6) The Minister and the Treasurer, jointly, may
approve an infrastructure investment plan,
prepared in accordance with this section.
(7) When a draft of an infrastructure investment
plan is approved by both the Minister and the
Treasurer it becomes the infrastructure
investment plan of the Corporation.
(8) An infrastructure investment plan takes effect on
the first day of the financial year next
commencing after its approval by the Minister
and the Treasurer or, if a day for its
commencement is specified in that approval, on
that day.
23
Water and Sewerage Tasmania Act 2017
Act No. of
s. 16 Part 4 - Infrastructure Investment
(9) The Corporation must publish on a website of
the Corporation a copy of its infrastructure
investment plan, as in force from time to time.
16. Amendment of infrastructure investment plan
(1) The Board may prepare an amendment of the
infrastructure investment plan at any time.
(2) In the course of preparing an amendment of the
infrastructure investment plan, the Board must
consult with the Minister and the Treasurer.
(3) An amendment to an infrastructure investment
plan may be in the form of a new infrastructure
investment plan, in accordance with the
requirements of section 15, that replaces the
existing infrastructure investment plan.
(4) The Minister and the Treasurer, jointly, may
approve an amendment of an infrastructure
investment plan, prepared in accordance with
this section.
(5) The approval of an amendment of an
infrastructure investment plan must specify that
the amendment is to take effect on -
(a) the day on which the amendment is
approved by both the Minister and the
Treasurer; or
(b) a later day; or
(c) an earlier day.
24
Water and Sewerage Tasmania Act 2017
Act No. of
Part 4 - Infrastructure Investment s. 17
(6) An amendment of a draft infrastructure
investment plan takes effect on the day specified,
in accordance with subsection (5), in the
approval.
17. Corporate plan to be consistent with infrastructure
investment plan
The corporate plan, within the meaning of the
Government Business Enterprises Act 1995, in
relation to the Corporation is to be consistent
with the infrastructure investment plan for the
Corporation.
18. Certain objectives in Government Business
Enterprises Act 1995 to be modified
A reference in the Government Business
Enterprises Act 1995 to long-term objectives and
financial performance objectives is to be taken,
in relation to the Corporation, to be a reference
to those objectives as modified to the extent
necessary to take into account the infrastructure
investment plan and any directions issued under
section 8.
25
Water and Sewerage Tasmania Act 2017
Act No. of
s. 19 Part 5 - Transition from Council-owned Company to Corporation
PART 5 - TRANSITION FROM COUNCIL-OWNED
COMPANY TO CORPORATION
19. Transfer to Corporation of assets, &c., of council-
owned company
(1) The Treasurer, by notice, may declare a day to
be the transfer day.
(2) On the transfer day -
(a) all the assets of the council-owned
company vest in the Corporation by
virtue of this section and without the
need for any further conveyance,
transfer, assignment or assurance; and
(b) all the rights or liabilities of the council-
owned company become by virtue of this
section the rights or liabilities of the
Corporation; and
(c) a reference, by whatever name or title, in
any Act, in any instrument made under
any Act, in any contract, agreement,
arrangement or undertaking, or in any
document of any kind, to -
(i) the council-owned company; or
(ii) any predecessor of the council-
owned company -
to the extent to which the reference
relates to the assets, rights or liabilities of
the council-owned company, is taken to
26
Water and Sewerage Tasmania Act 2017
Act No. of
Part 5 - Transition from Council-owned Company to Corporation s. 19
be, or include, a reference to the
Corporation; and
(d) any legal, or other, proceedings that -
(i) relate to the assets, rights or
liabilities of the council-owned
company; and
(ii) are commenced before the
transfer day by or against the
council-owned company or a
predecessor of the council-owned
company; and
(iii) are pending immediately before
the transfer day -
are taken to be proceedings pending by
or against the Corporation; and
(e) any legal, or other, proceedings that -
(i) relate to the assets, rights or
liabilities of the council-owned
company; and
(ii) could have been commenced,
before the transfer day, by or
against the council-owned
company or a predecessor of the
council-owned company -
may be commenced by or against the
Corporation; and
(f) a judgment or order of a court, or other
tribunal, that -
27
Water and Sewerage Tasmania Act 2017
Act No. of
s. 19 Part 5 - Transition from Council-owned Company to Corporation
(i) relates to the assets, rights or
liabilities of the council-owned
company; and
(ii) is obtained, before the transfer
day, by or against the council-
owned company or a predecessor
of the council-owned company -
may be enforced by or against the
Corporation; and
(g) any document, relating to legal, or other,
proceedings, that -
(i) relates to the assets, rights or
liabilities of the council-owned
company; and
(ii) has been served on or by the
council-owned company, or a
predecessor of the council-owned
company, before the transfer
day -
is taken, where appropriate, to have been
served on or by the Corporation; and
(h) any act, matter or thing done or omitted
to be done -
(i) in relation to the assets, rights or
liabilities of the council-owned
company before the transfer day;
and
28
Water and Sewerage Tasmania Act 2017
Act No. of
Part 5 - Transition from Council-owned Company to Corporation s. 20
(ii) by, to or in respect of the council-
owned company or a predecessor
of the council-owned company -
is (to the extent to which that act, matter
or thing has any force or effect) taken to
have been done or omitted by, to or in
respect of the Corporation.
(3) State tax is not payable in respect of any transfer,
or any document prepared to give effect to a
transfer, of an asset, right or liability by virtue of
this section.
(4) A person is not entitled to -
(a) terminate or modify the operation or
effect of a contract; or
(b) claim that there has been a breach of or
default under a contract; or
(c) claim any remedy -
by reason only of the transfer of that contract (or
rights or liabilities under that contract) under this
section.
(5) This section has effect despite any other law of
the State, contract or other instrument.
20. Transfer to Corporation of employees of council-
owned company
(1) In this section -
29
Water and Sewerage Tasmania Act 2017
Act No. of
s. 20 Part 5 - Transition from Council-owned Company to Corporation
employee transfer day, in relation to an
employee of the council-owned
company, means the day specified in a
notice to the employee under
subsection (2) as the day on which the
employee is to be transferred under this
section;
transferred employee means a person who
was, immediately before the employee
transfer day, an employee of the council-
owned company.
(2) The Treasurer, by notice to an employee of the
council-owned company, may transfer the
employee to the Corporation on a day specified
in the notice as the day on which the employee is
to be transferred under this section.
(3) The Treasurer must ensure that, before the
transfer day, a notice is issued under
subsection (2) to each person who is,
immediately before the transfer day, an
employee of the council-owned company.
(4) On the employee transfer day in relation to a
transferred employee -
(a) the transferred employee ceases to be an
employee of the council-owned company
and the council-owned company ceases
to be the employer of the transferred
employee; and
(b) the transferred employee becomes an
employee of the Corporation and the
30
Water and Sewerage Tasmania Act 2017
Act No. of
Part 5 - Transition from Council-owned Company to Corporation s. 20
Corporation becomes the employer of the
transferred employee.
(5) A transferred employee -
(a) is taken to have been employed by the
Corporation on the same terms and
conditions as those on which he or she
was employed by the council-owned
company; and
(b) except if an award, agreement or law
otherwise provides -
(i) retains all entitlements that he or
she has accrued as if employment
by the Corporation were a
continuation of employment with
the council-owned company; and
(ii) is entitled to claim those
entitlements from the
Corporation; and
(c) is not entitled to any compensation or
other payment in respect of the change of
his or her employment by virtue of the
transfer of his or employment under this
section.
(6) An award or agreement that had effect in relation
to a person immediately before he or she became
a transferred employee continues to have effect
in relation to the transferred employee, except if
another award, agreement or law, that applies in
relation to him or her after he or she becomes a
transferred employee, provides otherwise.
31
Water and Sewerage Tasmania Act 2017
Act No. of
s. 21 Part 5 - Transition from Council-owned Company to Corporation
(7) A period of service, of the transferred employee,
with the council-owned company is to be taken
to be the equivalent period of service with the
Corporation.
(8) Nothing in this section prevents any of the terms
or conditions of employment of a transferred
employee being altered by an award, agreement
or law.
(9) A transferred employee is an employee for the
purposes of the Public Sector Superannuation
Reform Act 2016.
(10) A transferred employee is not entitled -
(a) to receive any payment or other benefit
merely because the transferred employee
has ceased to be an employee of the
council-owned company; or
(b) to claim, either under this Act or any
other Act, dual benefits of the same kind
for the same period of service.
21. Application of certain instruments under
Environmental Management and Pollution Control
Act 1994
(1) An environment protection notice, within the
meaning of the Environmental Management and
Pollution Control Act 1994, that was in force in
relation to the council-owned company in
respect of an asset transferred to the Corporation
under section 19, is taken, on and from the day
on which that transfer takes effect in relation to
32
Water and Sewerage Tasmania Act 2017
Act No. of
Part 5 - Transition from Council-owned Company to Corporation s. 22
the asset, until it is cancelled, if at all, under that
Act, to be in force in relation to the Corporation
in respect of that asset.
(2) If a permit is taken to have been granted under
clause 3 of Schedule 6 to the Environmental
Management and Pollution Control Act 1994 in
respect of scheduled premises, within the
meaning of that Act, that are transferred to the
Corporation under section 19, the permit is
taken, on and from the day on which that transfer
takes effect in relation to the premises, until the
permit is cancelled, if at all, under that Act, to be
in force in relation to the Corporation.
22. Council-owned company to provide assistance,
information, &c.
(1) In this section -
relevant person means -
(a) the council-owned company; and
(b) a member of the board of
directors of the council-owned
company; and
(c) the chief executive officer of the
council-owned company; and
(d) any officer, employee, or agent,
of the council-owned company.
(2) The Treasurer may request a relevant person to -
33
Water and Sewerage Tasmania Act 2017
Act No. of
s. 22 Part 5 - Transition from Council-owned Company to Corporation
(a) provide to the Treasurer the information,
in the possession of the council-owned
company, that the Treasurer requests; or
(b) permit the Treasurer, or a person
authorised by the Treasurer, to access
information that is in the possession of
the council-owned company; or
(c) provide advice to the Treasurer; or
(d) provide assistance to the Treasurer -
for the purposes of this Act.
(3) A person to whom a request is made under this
section must comply with the request.
(4) The disclosure of any information pursuant to a
request under this section, or the use of
information provided or accessed under this
section, is authorised despite any other law of
the State, contract or other instrument to the
contrary, if the disclosure or use is reasonably
required for, or in connection with, the purposes
of this Act.
(5) A person to whom a request is made under this
section, and the council-owned company, are
indemnified by the Crown against any liability
incurred by the person or the council-owned
company in relation to -
(a) an action taken by the person in relation
to the request; or
34
Water and Sewerage Tasmania Act 2017
Act No. of
Part 5 - Transition from Council-owned Company to Corporation s. 23
(b) a failure by the person to take an action
in relation to the request -
if the person took the action in good faith, or
failed in good faith to take the action, in the
belief that taking the action, or failing to take the
action, was necessary or convenient to
implement the request.
23. Council-owned company to cease to have functions
of water and sewerage provision
Despite -
(a) any other Act, including the Water and
Sewerage Corporation Act 2012 and the
Water and Sewerage Industry Act 2008;
and
(b) any requirements of the constitution of
the council-owned company or any other
contract, agreement, arrangement or
other instrument -
the council-owned company ceases, on the
transfer day, to have the functions of providing,
or an obligation to provide, water services,
sewerage services and water and sewerage
functions.
24. Expenses, costs, financial statements and annual
reports of council-owned company
(1) In this section -
relevant period means the period -
35
Water and Sewerage Tasmania Act 2017
Act No. of
s. 24 Part 5 - Transition from Council-owned Company to Corporation
(a) beginning on the transfer day;
and
(b) ending on the day that is 3
months after the transfer day or is
a later day specified under
subsection (2).
(2) The Treasurer, by notice in writing to the
Corporation, may specify a day for the purposes
of paragraph (b) of the definition of relevant
period in subsection (1).
(3) The Corporation is liable for all costs or
expenses of the council-owned company
incurred within the relevant period, including -
(a) payments to the board of directors of the
council-owned company, or the company
secretary of the council-owned company,
of amounts to which the directors, or the
company secretary, respectively, are
entitled; and
(b) costs or expenses relating to the
obligations of the board of directors of
the council-owned company under
section 24 or 25 of the Water and
Sewerage Corporation Act 2012 in
relation to the financial year in which the
transfer day occurs; and
(c) costs or expenses relating to the de-
registration of the council-owned
company under section 601AA of the
Corporations Act; and
36
Water and Sewerage Tasmania Act 2017
Act No. of
Part 5 - Transition from Council-owned Company to Corporation s. 25
(d) costs or expenses incurred by the
council-owned company in order to fulfil
its obligations under the Corporations
Act; and
(e) the costs of the Auditor-General that are
payable by the council-owned company
in relation to activities of the Auditor-
General after the transfer day.
(4) The Corporation is to specify, in the copy of the
first financial statements prepared and forwarded
to the Auditor-General under section 52 of the
Government Business Enterprises Act 1995 after
the commencement of this section, the costs
incurred by the Corporation under
subsection (3).
(5) Despite section 25(2) of the Water and Sewerage
Corporation Act 2012, the council-owned
company is to make its annual report in relation
to the 2017-2018 financial year available to the
public under that section no later than 3 months
after the end of that financial year.
25. Councils to reimburse unreasonable costs, expenses
and extraordinary liabilities
(1) In this section -
relevant period means the period -
(a) beginning on the day on which
this Act is introduced into
Parliament; and
37
Water and Sewerage Tasmania Act 2017
Act No. of
s. 25 Part 5 - Transition from Council-owned Company to Corporation
(b) ending on the day that is 3
months after the transfer day or is
a later day specified under
subsection (2).
(2) The Treasurer, by notice in writing to the
Corporation, may specify a day for the purposes
of paragraph (b) of the definition of relevant
period in subsection (1).
(3) If the Minister and the Treasurer are satisfied, on
reasonable grounds, that the council-owned
company has, in the relevant period, incurred a
liability otherwise than in the ordinary course of
the ordinary business of the council-owned
company, or incurred a cost or expense, after the
transfer day, that is not reasonable, the Minister
and the Treasurer may, by notice to each of the
councils specified in Schedule 1, declare -
(a) that the liability or cost is to be taken to
be a council liability or cost; and
(b) the amount of the liability or cost that is
to be deducted from the amounts payable
to the councils under section 10 in the
first financial year in which that section
is in force.
(4) If a council liability or cost is declared under
subsection (3), the amount of the liability or cost
is to be deducted from the total of all the
amounts payable to a council under section 10,
in the first financial year in which an amount is
payable under that section, by deducting, from
each amount so payable to a council under that
38
Water and Sewerage Tasmania Act 2017
Act No. of
Part 5 - Transition from Council-owned Company to Corporation s. 25
section, the percentage, of that total amount, that
is specified opposite the council in Column 2 of
Schedule 1.
(5) The Treasurer may transfer to the Corporation,
from an amount that has been appropriated from
the Consolidated Fund for the purposes of
section 10, any amount deducted from the total
of all the amounts payable to a council under
section 10 in accordance with subsection (4).
39
Water and Sewerage Tasmania Act 2017
Act No. of
s. 26 Part 6 - Miscellaneous
PART 6 - MISCELLANEOUS
26. Relationship of this Act to the Corporations Act
To the extent that any provision of this Act is
incapable of concurrent operation with the
Corporations Act, that provision is declared to be
a Corporations legislation displacement
provision for the purposes of section 5G of the
Corporations Act.
27. Limitation on borrowing by Corporation
Despite any other provision of the Government
Business Enterprises Act 1995, the Corporation
must not borrow other than from the Tasmanian
Public Finance Corporation.
28. Parts 10 and 11 of Government Business Enterprises
Act 1995 not to apply to Corporation
Parts 10 and 11 of the Government Business
Enterprises Act 1995 do not apply in relation to
the Corporation or a subsidiary of the
Corporation.
29. Certain references to Minister in Government
Business Enterprises Act 1995
If -
(a) a provision of the Government Business
Enterprises Act 1995 contains a reference
40
Water and Sewerage Tasmania Act 2017
Act No. of
Part 6 - Miscellaneous s. 30
to both the Portfolio Minister and the
Treasurer; and
(b) the same person is both the Portfolio
Minister for the purposes of this Act and
the Treasurer -
the reference in that provision, in so far as the
provision applies to this Act, the Corporation or
the Portfolio Minister in relation to this Act, is to
be taken to be a reference to the Minister to
whom is assigned the administration of the
Water Management Act 1999.
30. Protection for actions under this Act
Any thing done or omitted in good faith that is
done or omitted under, or authorised by, this
Act, a direction under this Act or a request under
section 22 does not, except as otherwise
expressly provided by or under this Act or as
provided or agreed by the person doing or
omitting the thing -
(a) terminate or modify a contract, other
instrument or obligation; or
(b) give rise to a right to terminate or modify
a contract, other instrument or obligation
by fulfilling a condition or in any other
manner; or
(c) release a surety or other obligee wholly
or in part from an obligation; or
41
Water and Sewerage Tasmania Act 2017
Act No. of
s. 31 Part 6 - Miscellaneous
(d) give rise to any right or remedy by a
party to a contract or other instrument; or
(e) constitute a breach of a contract or other
instrument; or
(f) constitute a civil or criminal wrong; or
(g) constitute a breach of confidence.
31. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 30
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 10 penalty units for each day
during which the offence continues; and
(c) declare a provision of this Act to be a
Corporations legislation displacement
provision for the purposes of section 5G
of the Corporations Act.
42
Water and Sewerage Tasmania Act 2017
Act No. of
Part 6 - Miscellaneous s. 32
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Board.
(5) The regulations may -
(a) provide for savings or transitional
matters necessary or expedient for
bringing this Act into operation; and
(b) provide for any of those savings or
transitional matters to take effect when a
provision of this Act commences or on a
later day specified in the regulations,
whether the day so specified is before, on
or after the day on which the regulations
are made.
32. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Treasurer; and
(b) the department responsible to the
Treasurer in relation to the administration
of this Act is the Department of Treasury
and Finance.
33. Consequential Amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
43
Water and Sewerage Tasmania Act 2017
Act No. of
s. 34 Part 6 - Miscellaneous
34. Legislation repealed
The legislation specified in Schedule 3 is
repealed.
44
Water and Sewerage Tasmania Act 2017
Act No. of
sch. 1
SCHEDULE 1 - PAYMENTS TO COUNCILS
Sections 10, 14 and 25
Column 1 - Column 2 - Column 3 - Proportion (%)
Council Amount ($)
Break O'Day 388,000 1.94
Dorset 194,000 0.97
Flinders 36,000 0.18
George Town 226,000 1.13
Launceston 2,724,000 13.62
Meander 556,000 2.78
Northern Midlands 468,000 2.34
West Tamar 656,000 3.28
Burnie 828,000 4.14
Central Coast 954,000 4.77
Circular Head 316,000 1.58
Devonport 1,092,000 5.46
Kentish 88,000 0.44
King Island 66,000 0.33
Latrobe 382,000 1.91
Waratah Wynyard 562,000 2.81
West Coast 362,000 1.81
45
Water and Sewerage Tasmania Act 2017
Act No. of
sch. 1
Column 1 - Column 2 - Column 3 - Proportion (%)
Council Amount ($)
Brighton 616,000 3.08
Central Highlands 102,000 0.51
Clarence 2,212,000 11.06
Derwent Valley 272,000 1.36
Glamorgan Spring 414,000 2.07
Bay
Glenorchy 2,172,000 10.86
Hobart 2,172,000 10.86
Huon Valley 424,000 2.12
Kingborough 1,232,000 6.16
Sorell 324,000 1.62
Southern Midlands 152,000 0.76
Tasman 10,000 0.05
46
Water and Sewerage Tasmania Act 2017
Act No. of
sch. 2
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Section 33
Government Business Enterprises Act 1995
1. Schedule 1 is amended by inserting after
Tasmanian Public Finance Corporation
in Part 1 the following item:
Water and Sewerage Tasmania
47
Water and Sewerage Tasmania Act 2017
Act No. of
sch. 3
SCHEDULE 3 - LEGISLATION REPEALED
Section 34
Water and Sewerage Corporation Act 2012 (No. 51 of 2012)
48 Government Printer, Tasmania