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No. 31. 27-Feb-2015
Page: 774 Pdf - 801kb

Class exemption for water service providers providing water services on single premises under their control or management

Exemption Notice

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

• 'water supply services', 'sewerage services' and 'drainage services' where the 'water service works' concerned are to be used solely for the provision of 'water services' on single premises under the control or management of the water service provider, whether or not part of the premises is leased to or occupied by other persons.

The class exemption does not apply in any circumstances where--

• the water is used as, or is intended to be used as, 'drinking water'; or

• the water is used in, or is intended to be used in, 'aquatic facilities'; or

• the design capacity of any sewage treatment facility on the premises exceeds 20 kilolitres a day; or

• the water service is located in a proclaimed 'public drinking water source area'.

The Act defines the terms 'water service', 'water service works', 'water supply service', 'sewerage service', 'drainage service' and 'wastewater'.

'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 Health (Aquatic Facilities) Regulations 2007 define the term 'aquatic facilities'.

'Public drinking water source areas' are proclaimed under the Metropolitan Water Supply, Sewerage and Drainage Act 1909 or the Country Areas Water Supply Act 1947.

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 is not contrary to the public interest. It is considered that--

• The risk of the abuse of monopoly power in the provision of the water services is low.

• The public health aspects of the water services are regulated under the Health Act 1911.

• The exemption will reduce regulatory burden and avoid the costs of licensing these types of water services. These costs include--

- administrative costs to the service provider of licensing, 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 these types of water services.

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