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No. 232. 20-Dec-2013
Page: 6299 Pdf - 3Mb


Class exemption for some types of irrigation and water supply services

In accordance with section 7 of the Water Services Act 2012 Hon Terry Redman MLA, Minister for Water, has granted a class exemption from section 5 (1) of the Act in respect of the following provision of water services--

• 'irrigation services' where the--

o water does not contain treated or untreated 'wastewater' (i.e. sewage); and the

o service is not in the Gascoyne, Ord, Harvey, Waroona, Collie and Preston Valley irrigation districts proclaimed under the Rights in Water and Irrigation Act 1914.

• 'water supply services' where the--

o water does not contain any treated or untreated 'wastewater' (i.e. sewage); and

o water is to be used only for industrial processing or manufacturing, mining or mineral processing, cleaning, thermal cooling, dust suppression or the construction, maintenance and cleaning of uninhabited buildings and infrastructure.

The class exemption does not apply in any circumstances where the water will be used in 'aquatic facilities', domestic dwellings or to workplaces for domestic purposes, including but not limited to use for drinking, preparing food, washing clothes, personal hygiene, bathing or toilets. The Health (Aquatic Facilities) Regulations 2007 define the term 'aquatic facilities'.

The exemption is to come into effect on the day it is published in the Government Gazette.

Summary of reasons for the decision

Granting the exemption will reduce regulatory burden and avoid the costs of licensing these types of irrigation and water supply services. These include--

• Administrative costs to the service provider including costs of licence fees, annual regulatory reporting costs and the costs of operational audits and asset management reviews every two to three years; and

• Costs to Government for enforcing and administering water service licences for all of these types of irrigation and water supply services.

Granting of this exemption is not contrary to the public interest.

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