Water and Sewerage Industry Exemption Order 2011

Water and Sewerage Industry Exemption Order 2011

I make the following order under section 10(1) of the Water and Sewerage Industry Act 2008 .

21 March 2011

BRYAN GREEN

Minister for Primary Industries and Water

1.   Short title

This order may be cited as the Water and Sewerage Industry Exemption Order 2011 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this order –

Act means the Water and Sewerage Industry Act 2008 ;

relevant infrastructure means water infrastructure or sewerage infrastructure;

relevant service means a water service or sewerage service;

retail premises means premises that are used primarily for the sale of goods or the provision of services;

shopping centre means premises in which 2 or more retail premises are situated.

(2)  A word or expression used in this order and in the Act has the meaning it has in the Act.

4.   Exemption

(1)  A person is exempted from paragraph (a) and paragraph (b) of section 30 of the Act if –

(a) the person –

(i) owns or operates relevant infrastructure used for the provision of a relevant service to another person; or

(ii) provides a relevant service to another person by means of, or in connection with the use of, relevant infrastructure; and

(b) the person is a body corporate, or an unincorporated body of persons, that is not primarily a provider of the relevant service.

(2)  For the purposes of subclause (1) , a body corporate, or an unincorporated body of persons, is not primarily a provider of a relevant service if the body was formed primarily for purposes other than –

(a) the provision, by means of a reticulated system, of drinking water for sale; or

(b) the provision of a reticulated sewerage service.

(3)  The following activities are exempted from paragraph (a) and paragraph (b) of section 30 of the Act:

(a) providing a relevant service to another person free of charge;

(b) providing a relevant service in Tasmania to not more than 250 customers;

(c) providing, while owning or managing a caravan park, a relevant service to a person occupying a site within the caravan park;

(d) providing, while owning or leasing a building, a relevant service to a person who occupies the building;

(e) providing, while owning or managing a shopping centre, a relevant service to occupants of the centre;

(f) owning or operating relevant infrastructure by means of which, or in connection with which, an activity referred to in this subclause occurs.

(4)  The following persons are exempted from paragraph (a) and paragraph (b) of section 30 of the Act:

(a) Hydro Tasmania, in relation to the provision to another person of water from the Trevallyn Dam or the Poatina Canal;

(b) Minerals and Metals Group Limited, in relation to the provision to another person of water at Rosebery.

5.   Term of exemption

This order remains in force until 31 December 2020 or until it is revoked, whichever occurs earlier.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 13 April 2011

This order is administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the order)

This order exempts certain persons and activities from paragraphs (a) and (b) of section 30 of the Water and Sewerage Industry Act 2008 , which would otherwise require the holding of a licence by the persons or in respect of the activities.