WATER SERVICES ACT 2012
Class Exemption for Small Local Government Sewerage and/or Non-Potable Water Services Providers
(Effective from 26 May 2017)
In accordance with section 7 of the Water Services Act 2012, the Hon Dave Kelly MLA, Minister for Water, has revoked the previous Class Exemption for small local government water services providers (dated 13 April 2017). The following notice now applies--
EXEMPTION NOTICE FOR SMALL LOCAL GOVERNMENT SEWERAGE AND/OR NON-POTABLE WATER SERVICES PROVIDERS
In accordance with section 7 of the Water Services Act 2012, the Hon Dave Kelly MLA, Minister for Water, has granted a class exemption from section 5(1) of the Act to local government water services providers with less than 1000 customer connections whose water services are limited to the provision of sewerage services and/or non-potable water supply services.
The Act defines the terms 'water service', 'water supply service', 'sewerage service' and 'wastewater'.
The class exemption does not apply to potable water supply services (i.e. 'drinking water').
'Drinking water' is defined as water that is intended for human consumption or for purposes connected with human consumption such as the preparation of food, or the making of ice for consumption or for the preservation of unpackaged food, whether or not the water is used for other purposes.
The exemption will come into effect on the day it is published in the Government Gazette and will apply for a duration of five years.
The exemption will apply to the following local government authorities--
Shire of Brookton
Shire of Coolgardie
Shire of Dalwallinu
Shire of Denmark
Shire of Dowerin
Shire of East Pilbara
Shire of Goomalling
Shire of Jerramungup
Shire of Kent
Shire of Koorda
Shire of Moora
Shire of Morawa
Shire of Northam
Shire of Ravensthorpe
Shire of Victoria Plains
Shire of Wickepin
Shire of West Arthur
Shire of Yilgarn
Summary of reasons for the decision
Granting the exemption is not contrary to the public interest. It is considered that--
• the risk of the abuse of monopoly power in the provision of water services is low;
• the public health and environmental aspects of these water services are regulated under the Health Act 1911 and the Environmental Protection Act 1986, respectively; and
• the exemption will reduce the regulatory and compliance costs associated with water services licensing, including--
o administrative costs to the service provider of licensing i.e. licence fees, annual regulatory reporting costs, the costs of operational audits and asset management system reviews every two to three years; and
o costs to Government for enforcing and administering water service licences.
Government of Western Australia
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