Western Australian Consolidated Acts Western Australian Consolidated Acts (1) By-laws made under
section 34(1) may, for the purpose of obtaining moneys for the
carrying out by the Corporation of its functions under this Act and any
relevant Act, provide for the payment to the Corporation of charges relating
to the provision by the Corporation of water services and, in particular,
may —
(a)
prescribe charges by reference to the quantity of water or wastewater
concerned or the gross rental value, unimproved value, or area of the land in
respect of which a water service is provided, or on such other basis as may be
specified in the by-laws, and, where any such charges relate to a particular
period or matter, may prescribe 2 or more such charges (whether of the same
kind or different kinds) in respect of particular land for the same period or
matter;
(b) make
provision for determining the land in respect of which a water service shall
be taken, for the purposes of this Act, to be provided, irrespective of
whether it is actually connected to a water supply or sewerage, or drained or
irrigated;
(c)
prescribe, or make provision for the Corporation to determine, the land that
is to be the subject of a separate assessment of any charge;
(d)
provide for certain classes of land that would otherwise be subject to a
charge, whether by way of a rate or otherwise, under this Act to be exempt
from the application of any such charge as is specified in the exemption;
(e)
provide for differential rates and charges to apply and may, for the purposes
of applying provisions for differential rates or charges,
prescribe —
(i)
classes of land according to the use to which land is
put, the purpose for which water is used on the land, or such other factor as
the Corporation considers appropriate;
(ii)
classes of water service according to the nature or
quality of, or the source of, the water or wastewater concerned or such other
factor as the Corporation considers appropriate,
and provide for the
classification of land or water services according to any such class;
(f)
provide for concessional charges to be payable by persons of any prescribed
class, and provide for those concessional charges to apply to such persons
generally or in such circumstances as are prescribed;
(g)
prescribe the minimum amount of any charge that shall apply and the maximum
amount of any charge that shall apply, whether by setting out that minimum or
maximum amount or by reference to any factor the Corporation considers
appropriate;
(h) make
provision for an additional charge to be made, or for a rebate or refund to be
given, as the case requires, where a change in any matter that was relevant to
the assessment of a charge in respect of land takes place during the period
for which the charge was assessed;
(j) in
respect of land that has been the subject of a change in circumstances such
that, for a period during which the change in circumstances occurred, a charge
that was not made in respect of the land would have been made had the
circumstances as changed existed from the commencement of that period, make
provision for a charge to be made for the balance of the period remaining
after the change occurred;
(k)
notwithstanding that charges have been prescribed in relation to the provision
of any water service for a particular period, prescribe such supplemental
charges, by way of a rate or otherwise, in relation to the provision of such
water service for the unexpired portion of that period as may, by reason of
emergent circumstances, appear to the Corporation to be necessary;
(l)
where a charge is to be assessed by reference to the quantity of water or
wastewater concerned, provide for the estimation of the quantity of water or
wastewater concerned for any period during which the quantity has not been
measured, or properly measured, whether by reason of the malfunction of any
measuring apparatus or for any other reason, and that the quantity of water or
wastewater concerned shall be deemed to be the quantity so estimated;
(m)
require payment of any account for charges imposed otherwise than by measure
to be made in advance of the provision of the service concerned and require
the payment, in respect of any charge to be imposed by measure, of a deposit
in advance of the provision of the service concerned;
(n) make
provision in relation to any charge, whether by way of a rate or otherwise,
and any amount payable under section 41L, for —
(i)
the time when payment or, where by-laws provide for
payment by instalments, each instalment, is due and the manner in which
payment is to be made;
(ii)
discounts to be allowed by the Corporation where payment
is made before a time specified in the by-laws;
(iii)
an additional amount by way of interest, as prescribed in
the by-laws, to be included where payment is made by instalments;
(iv)
the amount payable to be increased as prescribed in the
by-laws where payment is made in instalments or is not made in full by the
time when it is due or such time thereafter as may be so prescribed;
(v)
where in a particular case the Corporation is satisfied
that there is proper cause, the making of special arrangements for payment,
including such provision as to the payment of any additional charge and
interest as the Corporation considers appropriate.
(2) Pursuant to a
determination under subsection (1)(b) land may be taken, for the purposes
of this Act, to be land in respect of which drainage is provided
notwithstanding that it is so determined by reason only that the land
contributes to, or will contribute to, the need for drainage.
(3) A by-law may
prescribe a charge for a period, or for water or wastewater supplied or
discharged during a period, that commences before the by-law is made, but not
so as to affect the amount of any charge that has already become due and
payable before the by-law is made.
(4) The power to make
charges relating to each of 2 or more matters includes the power to make one
charge relating to both or all of those matters.
[Section 41 inserted by No. 24 of 1987
s. 8 3 ; amended by No. 73 of 1995 s. 25 and 41;
No. 25 of 2005 s. 57.]
[ 41A. Deleted by No. 25 of 2005 s. 58.]
[ 41B. Deleted by No. 25 of 2005 s. 59.]