Water Services Licensing Act 1995
Water Services Licensing (Mundaring Water Treatment Plant) Exemption Order 2011
Made by the Lieutenant-Governor and Administrator in Executive Council under section 19 of the Act.
This order is the Water Services Licensing (Mundaring Water Treatment Plant) Exemption Order 2011.
This order comes into operation as follows
(a) clauses 1 and 2 on the day on which this order is published in the Gazette;
(b) the rest of the order on the day after that day.
3. Terms used
In this order
Acciona Trility JV means Acciona Trility Joint Venture (JV) Pty Limited (ACN 150053731);
Helena Water means Helena Water Pty Limited (ACN 143887254);
South-West/Goldfields Controlled Area means the Goldfields/South West Region Controlled Area (Water Supply and Sewerage Services) constituted by the Goldfields/South West Region Controlled Area (Water Supply and Sewerage Services) Order 1999;
Water Corporation means the Water Corporation established by the Water Corporation Act 1995 section 4.
Subject to the conditions set out in Schedule 1, on and from the commencement of the operation of the Mundaring Water Treatment Plant at 51 Mundaring Weir Road, Mundaring
(a) Helena Water; and
(b) Acciona Trility JV,
are each exempt from the requirement under section 18 of the Act to hold an operating licence (water supply services) in respect of the provision to the Water Corporation of water supply services associated with that treatment plant in the South West/Goldfields Controlled Area.
5. Compliance by one body sufficient
It is sufficient compliance with a requirement set out in a condition in Schedule 1 if the requirement is complied with by either Helena Water or Acciona Trility JV on behalf of both of them.
Schedule 1 Conditions of exemption
1. Management and maintenance of water services assets
(1) In this clause
Asset and Maintenance Management Plan means the Asset and Maintenance Management Plan that was on 4 April 2011 provided to the Department of Water by Helena Water and Acciona Trility JV.
(2) On and from the commencement of the operation of the Mundaring Water Treatment Plant, Helena Water and Acciona Trility JV must manage and maintain the water service assets used by them
(a) in the provision of water supply services to the Water Corporation; and
(b) for the undertaking, maintenance and operation of water services works,
in accordance with the Asset and Maintenance Management Plan as amended from time to time.
2. Asset management reviews
(1) In this clause
Water Corporation operating licence means the Water Corporation's operating licence, being Water Corporation Operating Licence (Number 32).
(2) Helena Water and Acciona Trility JV must undertake, at their own cost, periodic asset management reviews that are consistent with the timing and scope of periodic asset management reviews under the Water Corporation operating licence.
(3) The first periodic asset management review must be completed on the date scheduled for the completion of the next periodic asset management system review under the Water Corporation operating licence after the coming into operation of this order.
(4) The reviews must be conducted by an independent expert nominated by Helena Water and Acciona Trility JV.
(5) The reviews may be undertaken in conjunction with and as part of the Water Corporation's asset management system reviews and by the same independent expert.
(6) The reviews must be conducted in accordance with the Audit Guidelines: Electricity Gas and Water Licences as published in August 2010 by the Economic Regulation Authority and amended from time to time.
(7) Within 7 days of the completion of each asset management review, Helena Water and Acciona Trility JV must provide the Minister with a copy of the results of, and any independent report relating to, the review.
3. Reports to Minister
Helena Water and Acciona Trility JV must report to the Minister within 10 business days after either of the following occurs
(a) Helena Water or Acciona Trility JV is placed under external administration under the Corporations Act 2001 (Commonwealth);
(b) Helena Water or Acciona Trility JV becomes aware of an event that will preclude either of them from complying with a condition set out in this Schedule.
By Command of the Lieutenant-Governor and Administrator,
R. KENNEDY, Clerk of the Executive Council.