Western Australian Consolidated Acts

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WATER AGENCIES (POWERS) ACT 1984 - SECT 41GA

41GA .         Concession on certain charges after subdivision

        (1)         Where, through a subdivisional plan or diagram approved by the Western Australian Planning Commission, a lot is created by subdivision, no water charge is payable to the Corporation in respect of the lot for the concession period if —

            (a)         the lot is not serviced and is not a habitable lot; and

            (b)         it was created to be used solely or principally for residential purposes; and

            (c)         its area is not more than 2 000 m 2 or, if its area is more than 2 000 m 2 , it is to be used for a building or group of buildings that —

                  (i)         is solely for residential purposes; and

                  (ii)         contains a number of separate residential units.

        (2)         The concession period for the lot is the period from when the subdivisional plan or diagram is approved until —

            (a)         the ownership of the lot changes as a result of an agreement for the sale of land; or

            (b)         the lot becomes serviced or becomes a habitable lot; or

            (c)         one year passes after the approval.

        (3)         For the purposes of this section a lot is serviced if it has a connection to a water service.

        (4)         This section does not affect a water charge for any time after the concession period ends.

        (5)         In this section —

        concession period has the meaning given by subsection (2);

        habitable lot means a lot that has on it a building that is used, or suitable to be used, for residential purposes;

        lot does not include a lot depicted on a strata plan unless it is a lot in a survey-strata scheme;

        subdivision refers to the creation of 2 or more lots;

        water charge means a charge under section 41 relating to the provision by the Corporation of a water service and does not include an amount required to be paid by way of a contribution to headworks or for extending a water service or providing a connection to it.

        [Section 41GA inserted by No. 12 of 1996 s. 10  8 .]



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