AUSTRALIAN CAPITAL TERRITORY

CANBERRA SEWERAGE AND WATER SUPPLY REGULATIONS (AMENDMENT) 1988

EXPLANATORY STATEMENT

No. 8 of 1988

The Canberra Sewerage and Water Supply Regulations (Amendment) amends the Canberra Sewerage and Water Supply Regulations made under the Building and Services Ordinance 1924.

The amendment is consequential to the establishment of an Australian Capital Territory Electricity and Water Authority under the Electricity and Water Ordinance 1988 which provides that the Authority’s functions are to supply and manage electricity and water and to provide sewerage services.

Details of the Regulations are set out below.

Regulation 1 provides that the Canberra Sewerage and Water Supply Regulations are amended as set out in the Schedule.

Subregulation 2 (1) deals with transitional matters.  The following persons, appointed or employed by the Minister under the Canberra Sewerage and Water Supply Regulations, are deemed to have been appointed or employed by the Australian Capital Territory Electricity and Water Authority (“the Authority”) on the commencement date of the Electricity and Water Ordinance 1988:

(a)	the Sewerage Engineer or the Engineer for Water Supply;

(b)	the Inspector;

(c)	the Supervising Officer; and

(d)	the Proper Authority.

The Schedule amends the Regulations by:

(i)	substituting references in subregulation 4(1) to the “Minister” in the definitions of “Supervising Officer”, “the Engineer”, “the Inspector”, “the Proper Authority” and “the sewerage system” with “Authority”;

(ii)	omitting the words “Minister under section 3F of the Building and Services Ordinance 1924” contained in the definition of “determined charge” in subregulation 4 (1) and substituting “Authority under section 48 of the Electricity and Water Ordinance”

(iii)	omitting the definition of “Commonwealth Pipes” in subregulation 4 (1);

(iv)	inserting in subregulation 4 (1) definitions of “Authority” as meaning the Australian Capital Territory Electricity and Water Authority and “Electricity and Water Ordinance” as a meaning the Electricity and Water Ordinance 1988 and “Authority Pipes” as meaning any pipe forming part of any water-supply system provided by or under the authority, or under the control, of the Authority;

(v)	substituting references to “an Authority” for references to “a Commonwealth” in regulation 13 (wherever occurring), paragraph 96 (i), paragraph 98 (1) (a), paragraph 100 (1) (a) (wherever occurring), paragraphs 100 (1) (b) and (c), subregulation 100 (4), subregulation 103 (2) (wherever occurring);

(vi)	substituting references to “Authority” for references to “Commonwealth” in regulation 13 (second occurring) subregulation 92 (2), paragraph 92 (3) (b), regulation 92A (wherever occurring), regulation 96 (first occurring), paragraphs 96 (c) (first occurring) and 100 (1) (a) (first occurring), subregulations 101 (1) and 114 (1), (4) and (5);

(vii)	substituting references to “Authority” for references to “Minister” in regulation 22, paragraphs 62 (2) (a) and (b), regulations 99 and 111, subregulations 112 (1) and (2) and 114 (1); and

(viii)	omitting the words “Commonwealth expense” contained in paragraphs 96 (c) and (d) and substituting “the expense of the Authority”.

ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR THE ARTS AND TERRITORIES