WATER SERVICES ACT 2012
Exemption of Mr Richard Hadley and Mr Allen Hadley from section 5(1) of the Water Services Act 2012 for a water service to the Smiths Beach Resort, Lot 2 Smiths Beach Rd, Yallingup.
In accordance with section 7 of the Water Services Act 2012, the Hon Mia Davies MLA, Minister for Water, granted an exemption from the application of section 5(1) of the Act to Mr Richard Hadley and Mr Allen Hadley on 14 April 2015, in respect of the provision of a water supply to the Smiths Beach Resort (Lot 2 Smiths Beach Rd, Yallingup).
The water supply is sourced from a bore located on Lot 4 Hemsley Rd, Naturaliste (owned by Mr Richard Hadley and Mr Allen Hadley). The water is piped approximately 7 kilometres to the Smiths Beach Resort, which is situated on Lot 2 Smiths Beach Rd, Yallingup. The water is chlorinated and is used for potable purposes.
The exemption is valid for an indefinite period.
Summary of the reasons for the decision
The provision of this exemption is not contrary to the public interest. It is considered that;
• the risk of monopoly power abuse is low, given that the service is not for profit and that maintenance obligations are prescribed in a contractual agreement;
• the public health aspects of the service are regulated under the Health Act 1911; and
• the regulatory burden imposed by licensing would be disproportionately high given the small scale of the service.
Government of Western Australia
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