Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In these
by‑laws, unless the contrary intention appears —
caravan bay means site as that word is defined in
the Caravan Parks and Camping Grounds Act 1995 ;
consumption year , in relation to a property,
means the period determined by the Corporation for the purposes of calculating
the quantity charge for the supply of water to the property;
country sewerage area means a sewerage area
constituted under the Country Towns Sewerage Act 1948 ;
current year means the current financial year;
discharge charge means —
(a) when
used in a metropolitan context, an amount calculated in accordance with the
formula in Schedule 3 item 19; or
(b) when
used in a country context, an amount calculated in accordance with the formula
in Schedule 3 item 37; or
discharge factor means the estimated percentage of
water discharged into the Corporation’s sewer in a discharge period, set
for each property by the Corporation —
(a) by
individual assessment and consultation with the consumer; or
(b) at a
default level of 95%;
discharge period means the period commencing on a
day determined by the Corporation, being a day between 1 January and
29 June in a year and ending on a day determined by the Corporation,
being a day within 20 days of the expiration of one year after the
commencement of the period;
discharge volume means the approximate volume of
water in kilolitres discharged into the Corporation’s sewer —
(a)
calculated by multiplying the volume of water delivered to a property (where
known) in a discharge period by the discharge factor set for the period;
(b)
where delivery of water by other providers or suppliers means that the actual
volume delivered is not known, calculated by multiplying the estimated volume
of water delivered to a property in a discharge period by the discharge factor
set for the period; or
(c)
where neither paragraph (a) nor (b) are appropriate, the volume estimated
by the Corporation for the period;
Government trading organisation means one of the
following organisations —
Albany Port
Authority — constituted under the Albany Port Authority
Act 1926 2 ;
Bunbury Port
Authority — constituted under the Bunbury Port Authority
Act 1909 2 ;
Dampier Port
Authority — constituted under the Dampier Port Authority
Act 1985 2 ;
Department of Marine
and Harbours 3 — established under section 4 of
the Marine and Harbours Act 1981 ;
Electricity Generation
Corporation — established by section 4(1)(a) of the
Electricity Corporations Act 2005 ;
Electricity Networks
Corporation — established by section 4(1)(b) of the
Electricity Corporations Act 2005 ;
Electricity Retail
Corporation — established by section 4(1)(c) of the
Electricity Corporations Act 2005 ;
Esperance Port
Authority — constituted under the
Esperance Port Authority Act 1968 2 ;
Fremantle Port
Authority — constituted under the
Fremantle Port Authority Act 1902 2 ;
Gas
Corporation — established under section 4 of the
Gas Corporation Act 1994 4 ;
Geraldton Port
Authority — constituted under the
Geraldton Port Authority Act 1968 2 ;
Joondalup Development
Corporation — established under the Joondalup Centre
Act 1976 5 ;
Lotteries
Commission — continued under the Lotteries Commission
Act 1990 ;
Metropolitan
Cemeteries Board — established under the
Cemeteries Act 1986 ;
Metropolitan (Perth)
Passenger Transport Trust — constituted under the
Metropolitan (Perth) Passenger Transport Trust Act 1957 6 ;
Perth Market
Authority — preserved and continued under the
Perth Market Act 1926 ;
Perth Theatre
Trust — established under the Perth Theatre Trust
Act 1979 ;
Port Hedland Port
Authority — constituted under the
Port Hedland Port Authority Act 1970 2 ;
Regional Power
Corporation — established by section 4(1)(d) of the
Electricity Corporations Act 2005 ;
State Housing
Commission (“Homeswest”) — preserved and continued
under the Housing Act 1980 ;
Western Australian
Coastal Shipping Commission — established under the
Western Australian Coastal Shipping Commission Act 1965 ;
Western Australian
Development Corporation — established by the Western Australian
Development Corporation Act 1983 7 ;
Western Australian
Land Authority — established by the
Western Australian Land Authority Act 1992 ;
Western Australian
Meat Commission — established under the Abattoirs’
Act 1909 8 ;
Western Australian
Mint — preserved and continued under the
Gold Corporation Act 1987 , including —
(a)
GoldCorp Australia — constituted under the Gold Corporation
Act 1987 ;
(b) Gold
Corporation — constituted under the Gold Corporation
Act 1987 ; and
(c) the
Perth Branch of the Royal Mint — established by proclamation under
the Coinage Act 1870 of the Parliament of the United Kingdom;
Western Australian
Government Railways Commission
(“Westrail”) — constituted under the Government
Railways Act 1904 9 ;
GRV , in relation to land, means the gross rental
value of the land;
holiday accommodation means accommodation which,
at any time during the year for which a charge is to be assessed —
(a) is
held out by the owner or occupier of the land on which the accommodation is
situated as being available; or
(b) is
made available by that owner or occupier,
for occupation for holiday purposes by persons
other than that owner or occupier unless, in the opinion of the Corporation,
the accommodation is not so held out or made available substantially by way of
trade or business or for the purpose of any trade or business;
home for the aged means an institution that, in
the opinion of the Corporation, provides accommodation for aged persons and is
not operated for the purpose of profit or gain;
irrigation district refers to an irrigation
district constituted under the Rights in Water and Irrigation Act 1914 ;
long term residential caravan bay means a caravan
bay that is rented by a person as the person’s principal place of
residence;
major fixture means —
(a) a
water closet;
(b) each
urinal outlet contained within a floor mounted urinal;
(c) each
stand of wall‑hung urinals contained within a separate ablution area;
and
(d) a
pan washer;
metropolitan area means Metropolitan Water,
Sewerage, and Drainage Area constituted under the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 ;
non‑commercial Government property means
property held by a State Government body —
(a)
which is not used wholly or primarily for the provision of community services
or public facilities;
(b)
which is not property classified as Government trading organisation property
under these by‑laws; and
(c) upon
which revenue may be generated, but not to the extent that it approaches the
funding level necessary for the body itself,
and includes associated buildings and facilities.
previous year means the financial year immediately
preceding the current year;
quantity charge means —
(a) in
relation to the supply of water, a charge prescribed in these by‑laws
according to the quantity of water supplied, whether or not for irrigation; or
(b) in
relation to the provision of sewerage, a charge prescribed in these
by‑laws according to the discharge volume;
residence means a private dwelling house, home
unit, or flat, and includes any yard, garden, outhouse, or appurtenance
belonging thereto or usually enjoyed therewith;
residential property , in relation to a charge,
means a piece of land classified for the purposes of the Part or Division
under which that charge is made as residential that, in accordance with
by‑law 5, is the subject of a separate assessment of a charge;
single capital infrastructure charge means a
charge set out in Column 2 of the Table to Schedule 1 item 36;
UV , in relation to land, means the unimproved
value of the land;
water supply does not include the supply of water
under the Rights in Water and Irrigation Act 1914 for irrigation but
includes the supply of water under that Act for purposes other than
irrigation;
year , preceded by a reference to 2 calendar years
(for example, 1987/88 or 1999/2000) means —
(a) in
relation to a charge not mentioned in paragraph (b), the period
commencing on 1 July in the first of the years referred to and ending
immediately before 1 July in the second of those years;
(b) in
relation to a quantity charge —
(i)
that relates to water supplied under the
Country Areas Water Supply Act 1947 , the period commencing on a day
determined by the Corporation, being a day between 1 July and 31 October,
inclusive, in the first of the years referred to and ending on a day
determined by the Corporation, being a day within 20 days of the
expiration of one year after the commencement of the period;
(ii)
that relates to water supplied under the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 or the
Metropolitan Water Authority Act 1982 , the period commencing on a day
determined by the Corporation, being a day between 1 January and 29 June in
the first of the years referred to and ending on a day determined by the
Corporation, being a day within 20 days of the expiration of one year
after the commencement of the period;
(iii)
that relates to industrial waste discharged under the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 , the period
commencing on a day determined by the Corporation, being a day between 15 June
and 15 July in the first of the years referred to and ending on a day
determined by the Corporation, being a day between 15 June and 15 July in the
second of the years referred to; and
(iv)
that relates to water discharged into the
Corporation’s sewer, the period under subparagraphs (i) or (ii).
(2) A reference in
these by‑laws to a charge includes a reference to an amount in respect
of rates under the Land Drainage Act 1925 .
(3) For the purposes
of a formula in a Schedule —
(a) the
symbol ≤ means less than or equal to; and
(b) the
symbol > means greater than.
[By‑law 2 amended in Gazette
29 Jun 1988 p. 2112; 29 Jun 1989 p. 1870;
28 Jun 1991 p. 3267‑8; 1 Jul 1993 p. 3215;
29 Jun 1994 p. 3171; 30 Jun 1995 p. 2735;
29 Dec 1995 p. 6331; 28 Jun 1996 p. 3104‑5;
23 Aug 1996 p. 4129; 13 May 1997 p. 2350;
27 Jun 1997 p. 3175 and 3203; 7 May 1999 p. 1859;
29 Jun 1999 p. 2789; 29 Jun 2001 p. 3187;
27 Jun 2003 p. 2285-6; 31 Mar 2006 p. 1357;
29 Jun 2007 p. 3245.]