WATER SERVICES ACT 2012
Class exemption for drainage services provided by Local Government
In accordance with section 7 of the Water Services Act 2012, the Minister for Water, Hon Dave Kelly MLA, has revoked the previous Class Exemption for drainage services provided by local government (dated 4 July 2017). The following notice now applies—
EXEMPTION NOTICE FOR LOCAL GOVERNMENT DRAINAGE SERVICE PROVIDERS
A local government that provides a drainage service anywhere in the State is exempt from the requirement under section 5 of the Water Services Act 2012 to hold a water services licence.
The exemption will come into effect on the day it is published in the Government Gazette and is valid until 8 May 2021.
Drainage service means a water service principally constituted by—
(i) the management of the flow of stormwater, surface water or ground water by means of reticulated drainage assets; or
(ii) the management of soil salinity by means of reticulated drainage assets;
and which may include the management of the quality of water dealt with.
Local government means a local government established under the Local Government Act 1995.
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 local government drainage services is low.
• Local government drainage services present a low risk to public health.
• The regulatory burden imposed by licensing would be disproportionately high given the low levels of risk in local government drainage services.
Government of Western Australia
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