Contract 1
Contract 1
L A W Y E R S
1. INTERPRETATION 1
1.1 Definitions 1
1.2 Rules for interpreting this document 2
2. TERM OF AGREEMENT 3
3. TO SUPPLY WATER 3
4. TO RECOVER CHARGES 3
5. TO RECEIVE WATER 3
6. TO PAY CHARGES 3
JOINT OBLIGATIONS 4
IMPLEMENTATION 5
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11. PERFORMANCE STANDARD S FOR SOURCES OF SUPPLY 10
19. SCHEDULING AND CO-OPERATIVE PLANNING FOR NEW WORKS AND RENEWALS 23
19.1 Obligation to adopt a Three Year Capital Works Program 23
19.2 Contents of a Three Year Capital Works Program 23
19.3 Duties of parties to comply 24
19.4 Power to vary Three Year Capital Works Program 24
19.5 Reporting obligations 24
19.6 Protocol for co-operation and responsibility in executing works 25
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22. CHARGES 26
ADMINISTRATIVE PROVISIONS 31
29. CONFIDENTIALITY 33
31. REMEDIES 37
32. AMENDMENTS 38
33. TERMINATION 39
34. NOTICES 39
35. G ST 40
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36. GENERAL 41
36.1 Governing Law 41
36.2 Liability for Expenses 41
36.3 Giving effect to this agreement 41
36.4 Waiver of rights 41
36.5 Operation of agreement 42
36.6 Consents 42
36.7 Publicity 42
36.8 Relationship between parties 42
36.9 Operation of Indemnities 42
36.10 Survival 43
36.11 Counterparts 43
SCHEDULE 1 PERFORMANCE STANDARDS FOR PRESSURE AND FLOW ERROR! BOOKMARK NOT DEFINED.
SCHEDULE 3 98
SCHEDULE 5 - CHARGES 1 23
SCHEDULE 7 MW'S QUALITY MANAGEMENT SYSTEM FOR DRINKING WATER QUALITYERROR! BOOKMARK NOT DEFINED.
SCHEDULE 8 PROTOCOLS 1 35
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D ATE
PARTIES
RECITALS
A. Under the Melbourne & Metropolitan Board of Works Act 1958, MW has power to conserve,
treat and supply water for consumption within the metropolis.
B. YVW, as a water and sewerage licensee under the Water Industry Act 1994, has the
function of providing, managing, operating and protecting water supply systems within
the area of its Licence.
D. The parties wish to enter into a new agreement, in place of the former agreement, in the
terms set out in this document.
OPERATIVE PROVISIONS
1. INTERPRETATION
1.1 Definitions
"Entry Point" means a point identified as an Entry Point in the Site Codes set out in
Schedule 2.
"Interface Point" means a point specified as an Interface Point between MW and YVW
assets in the Water Supply Asset Interface Register held by the Office of the
Regulator-General.
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"Licence" means a water and sewerage licence granted under the Water Industry Act 1994,
with respect to part of the metropolis as determined under section 3(1) of the Melbourne &
Metropolitan Board of Works Act 1958.
”Water Quality Zone" means a Water Quality Zone identified as a WQ Zone by number
in Schedule 2.
Headings are for convenience only, and do not affect interpretation. The following rules
also apply in interpreting this document, except where the context makes it clear that a
rule is not intended to apply.
(iv) a person includes any type of entity or body of persons, whether or not it is
incorporated or has a separate legal identity, and any executor,
administrator or successor in law of the person; and
(v) anything (including a right, obligation or concept) includes each part of it.
(c) A word which suggests one gender includes the other genders.
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(f) The word "agreement" includes an undertaking or other binding arrangement or
understanding, whether or not in writing.
(g) A party may give a notice or report under this agreement in written or electronic
form.
2. TERM OF AGREEMENT
2.3 The parties agree to terminate the agreement referred to in Recital C in accordance with
paragraph 23.8(a) of that agreement, on the date determined under sub-clause 2.1.
3. TO SUPPLY WATER
MW must:
(a) in accordance with and subject to, this agreement, supply water to YVW sufficient
to meet YVW's obligations to supply water suitable for human consumption under
its Licence:
(i) at the pressure and rate of flow determined under sub-clause 9.1; and
(iv) with the security of supply determined under clause 12; and
(b) give YVW a Customer Report in each month, promptly after its Board meeting in
that month, on MW's performance of its obligations under this agreement in the
preceding month.
4. TO RECOVER CHARGES
MW may recover from YVW any charges or interest due to MW under clauses 21-25.
5. TO RECEIVE WATER
YVW may, in accordance with this agreement, receive water supplied by MW including
for the purpose of supplying that water to customers pursuant to YVW's Licence.
6. TO PAY CHARGES
YVW must pay to MW charges and interest determined, calculated and invoiced in
accordance with clauses 21 - 25.
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JOINT OBLIGATIONS
Each party must co-operate and liaise fully with the other to ensure that this agreement is
implemented effectively.
(a) to agree upon and adopt any protocol referred to in sub-clause 8.2; and
(b) to resolve any difficulties which may arise in implementing this agreement
because of any legal or regulatory right or obligation of a party which may conflict
with a provision of this agreement; and
(c) to allow each party to comply with its statutory and contractual rights and
obligations to other persons; and
(d) to minimise any risks to persons, equipment or the environment which may arise
in supplying water under this agreement; and
(e) to review and to amend the Drought Response Plan in accordance with sub-clause
14.6; and
(g) to adopt the Capital Works Program referred to in sub-clause 19.1; and
(h) to review and, if necessary to amend, this agreement in accordance with clause 32.
(a) If, in any year, YVW becomes aware of any proposal to amend YVW's Licence
(including any provision of the Customer Contract referred to in section 19 of the
Water Industry Act 1994), YVW must consult MW about any proposed variation
which YVW considers will, or is likely to affect MW, before YVW agrees with the
variation under section 14(1)(b) of that Act.
(i) substantially and materially alter MW's rights and obligations under this
agreement; or
(ii) create a substantial risk that MW will be unable to supply water under
sub-clauses 9.1 or 10.1 which enables YVW to comply with the Customer
Contract,
YVW must:
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(iii) advise the Office of the Regulator-General of MW's concerns; and
(iv) include any written report by MW setting out its conclusions under
paragraph (b) in any representation which YVW is given an opportunity to
make under section 14(2)(b) of that Act; and
8.1 Each party must comply with all laws relevant to the subject matter of this agreement.
8.2 The parties may, from time to time, through their Principal Representatives, agree upon
and adopt a written protocol for the performance by either or both parties of any
obligation under this agreement.
8.4 This agreement prevails over any protocol adopted under sub-clause 8.2 to the extent of
any inconsistency between them.
IMPLEMENTATION
At any time when YVW uses water in a Water Supply Superzone in a way which does not
exceed the flow allocation limits set out in Schedule 1 at a Flow Allocation Point for that
Water Supply Superzone, MW must provide water to that Water Supply Superzone which
maintains the pressure set out in Schedule 1 at each Pressure Monitoring Point for that
Water Supply Superzone.
(a) MW must install, maintain and operate each Pressure Monitoring Point.
(b) MW may install, maintain and operate a measuring device at any Flow Allocation
Point.
(c) MW may, with the written consent of YVW, install and have access to, a point
referred to in paragraph (a) or (b) on assets belonging to YVW, where the point
will measure the pressure or flow of water supplied to YVW or another Licensee.
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(d) MW must provide YVW:
at each Pressure Monitoring Point and Flow Allocation Point, through MW's
SCADA system, to the extent that such data is available to MW.
(e) YVW may, with the written consent of MW and at YVW's expense, install and
have access to, measuring devices on assets belonging to MW.
(i) take all action necessary to comply with sub-clause 9.1 as soon as possible;
and
(ii) give YVW notice in accordance with sub-paragraphs 14.3(a)(v) and (vi);
and
(iii) otherwise comply with sub-clause 14.3 and MW's Emergency Response
Plan.
(b) On each occasion when a failure by MW to comply with sub-clause 9.1 is not
declared to be an "incident" under paragraph (a), MW must:
(i) take all action necessary to comply with sub-clause 9.1 as soon as possible;
and
(ii) set out the matters referred to in sub-paragraph 14.3(a)(vi) in the Customer
Report for that month.
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9.4 Power to revise standards
The parties may (through their Principal Representatives) from time to time, agree in
writing to alter any requirement about pressure and flow set out in Schedule 1 and the
Schedule must be taken to have been altered accordingly.
(a) YVW may ask MW to exceed the requirements set out in sub-clause 9.1, in order to
meet a temporary additional demand in any Water Supply Superzone.
(b) MW must comply with any request made under paragraph (a) if MW is able to
meet the request without causing any adverse effect to:
(c) If meeting a request made under paragraph (a) would result in MW not being able
to comply with the requirements of either sub-clause 9.1 or 10.1 with respect to any
Water Supply Superzone or Water Quality Zone, MW must only meet the request
to the extent that it will allow MW still to comply with sub-clause 9.1 and 10.1,
unless YVW agrees in writing to waive MW's obligation to comply with those
sub-clauses.
(a) In accordance with, and subject to the terms of this agreement, MW must:
(i) supply water at each Entry Point and Water Quality Monitoring Point
described in Schedule 2, which complies with such parameters or standards
for indicators of water quality as are specified for that Entry Point or Water
Quality Monitoring Point in Parts B and C of Schedule 3; or
(ii) for water quality indicators not specified in Parts B and C of Schedule 3,
supply water at each Entry Point and Water Quality Monitoring Point fit
for human consumption.
(b) Whenever MW supplies water which has been treated by a process of chlorination
or chloramination at a primary disinfection plant:
(i) MW must:
(A) within 7 days after the commencement of this agreement give YVW
a report setting out the dose of chlorine administered at each
primary disinfection plant in milligrams per litre at the date on
which the agreement commences; and
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(B) not reduce any dose set out in the report during the term of this
agreement without YVW's prior written consent; and
(ii) MW must ensure that the process complies with the Chlorine Contact Time
formula set out in Part A of Schedule 3; and
(iii) the presence of levels of total or free chlorine residual at a Water Quality
Monitoring Point which cause customers to complain about the taste or
odour of water supplied to customers by YVW, will not constitute a breach
of sub-clause 10.1, if YVW has previously agreed in writing to those levels;
and
(iv) MW may, at the request of YVW and after consulting all affected parties,
increase the dose of chlorine administered at a disinfection plant to take
account of variations in water quality.
(c) MW must adjust any invoice given to YVW whenever chlorine is not added to
water at a primary disinfection plant, in accordance with sub-clause 25.2.
(d) MW must not mix water treated by a process of chloramination with water which
has been treated either:
(e) Whenever MW supplies water which has been treated with fluoride, MW must
comply with the Health (Fluoridation) Act 1973 and any requirements of the
Secretary to the Department of Human Services under that Act.
(b) MW's water quality monitoring program for any year commencing on 1 July must:
(iii) require at least weekly sampling and analysis of E.Coli and total coliforms;
and
(iv) require sufficient sampling and analysis of turbidity, apparent colour, pH,
iron, manganese, aluminium, chloroacetic acids and THMs to present a
statistically significant representation of those parameters in water
supplied to YVW; and
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(v) require MW to monitor the operation of each of MW's primary disinfection
plants to ensure that MW complies with Part A of Schedule 3.
at each Water Quality Monitoring Point and Entry Point through MW's SCADA
System, to the extent that such data is available to MW, in relation to the following
indicators of water quality:
Flow
Turbidity
pH
Chlorine residual.
(e) MW must, as soon as practicable but within 9 days after the end of each month,
give YVW, in electronic form, preliminary:
(i) results of sampling and analysis at each Water Quality Monitoring Point
and Entry Point; and
(f) MW must set out in each Customer Report, and in any other report which YVW
reasonably requests:
(ii) the results of analysis at each Water Quality Monitoring Point in each of the
preceding 12 months, for each of the water quality indicators referred to in
Part B of Schedule 3.
(a) Without detracting from any other obligation under this agreement, on each
occasion when either MW or YVW declares a failure by MW to comply with sub-
clause 10.1 to be an "incident" within the meaning of an Emergency Response Plan
MW must:
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(i) take all action necessary to comply with sub-clause 10.1 as soon as possible;
and
(ii) give YVW notice in accordance with sub-paragraphs 14.3(a)(v); and (vi);
and
(iii) otherwise comply with sub-clause 14.3 and MW's Emergency Response
Plan.
(b) On each occasion when a failure by MW to comply with sub-clause 10.1 is not
declared to be an "incident" under paragraph (a), MW must:
(i) take all action necessary to comply with sub-clause 10.1 as soon as possible;
and
(ii) set out the matters referred to in sub-paragraph 14.3(a)(vi)) in the Customer
Report for that month.
The parties may (through their Principal Representatives) from time to time, agree in
writing to alter any requirements about water quality set out in Schedule 2 or 3 and the
Schedule must be taken to have been altered accordingly.
(a) Within 7 days after the date on which this agreement commences, MW must give
YVW notice of the storages from which MW supplied water to YVW at the
commencement date and of the typical chemical characteristics of water supplied
from each source of supply.
(b) MW must give YVW 14 days' notice of its intention to make any major change to
the storages from which YVW is supplied as a result of seasonal changes.
(a) MW must aim to operate its water supply system to ensure that:
(i) the probability of water restrictions being imposed in the area of YVW's
Licence is never greater than 5%; and
(ii) water restrictions are never imposed for more than 12 continuous months;
and
(i) use the demands, restrictable demands and restriction rules established
under the Drought Response Plan referred to in paragraph 14.6(c); and
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(ii) establish minimum operating levels to maintain the pressure and flow and
water quality requirements set out in clauses 9 and 10; and
(iii) use forecasts provided by the Bureau of Meteorology and other relevant
indicators of the need to impose restrictions.
(c) The parties must, at intervals of not more than five years commencing June 2001,
appoint an independent auditor to review and report upon MW's practices and
procedures for complying with paragraphs (a) and (b).
(d) The parties must agree on the terms of reference for and the person to undertake,
an audit under paragraph (c).
(e) MW must co-operate in all respects with that audit and auditor.
(f) The parties must meet the costs of an audit in equal shares.
(h) MW must:
(i) as soon as practicable and within 30 days of receiving the auditor's report,
report to YVW on each matter determined under sub-paragraph (g)(i); and
(a) YVW must undertake a water quality monitoring program to sample and analyse
water supplied to its consumers.
(b) YVW must give MW a report in electronic form within 9 days after the end of
every month, or whenever MW requests, setting out, for each Water Quality Zone:
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13.2 Operation of YVW System
(a) YVW must maintain and operate its water supply system in a manner which does
not diminish MW's ability to supply water which complies with sub-clauses 9.1
and 10.1.
(b) If MW fails to comply with sub-clause 9.1 or 10.1 as a result of YVW's failure to
comply with paragraph (a), MW's failure to comply is not a breach of this
agreement.
(i) a party which operates its water supply system in a way which causes an
adverse effect to the water supply system of the other party must, if the
other party so requires, pay to that party any additional reasonable costs
directly incurred by that party in discharging its obligations under this
agreement, or any law and, in the case of YVW, the Licence and any
contract with a customer, as a result of the adverse effect; and
(ii) any failure by MW to comply with sub-clause 9.1 or 10.1 which is directly
attributable to an adverse effect caused by YVW is not a breach of this
agreement.
(b) Sub-clause (a) does not apply if a party (through its Principal Representative) gives
consent to an adverse effect caused by the other party:
(iii) after the adverse effect is caused, if the other party advises the first party of
the event which caused the adverse effect and of its anticipated
consequences.
(ii) any act or omission which interferes with the normal operating conditions
of any part of a water supply system; or
(iii) in the case of MW, any act or omission by YVW which directly causes MW
to fail to comply with sub-clause 9.1 or 10.1.
(d) A party may only require the other party to pay such additional reasonable costs
under paragraph (a) as have, on the balance of probabilities, been caused by the
other party.
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(e) The amount of additional reasonable costs referred to in paragraph (d) must be
agreed between the parties or, if the parties cannot agree, determined under clause
30.
(a) Within 4 months after the date on which this agreement commences, each party
must develop and adopt an Emergency Response Plan which includes:
(vi) provision for the parties to jointly review each emergency after it has
occurred and to identify and agree upon works or measures to prevent, or
minimise the likelihood of, such an emergency recurring.
(b) Within 4 months after the date on which this agreement commences, the parties
must jointly develop and adopt a protocol under sub-clause 8.2, to which any other
Licensee may be a party, setting out a Co-ordinated Crisis Management Plan to be
followed by the parties when any event dealt with by the Plan occurs.
(c) The parties and any other Licensee referred to in paragraph (b) must review, and
if, necessary, agree to revise the Co-ordinated Crisis Management Plan referred to
in paragraph (b) before 30 September in every year.
(d) Each party must implement the party's Emergency Response Plan and the Co-
ordinated Crisis Management Plan, as revised from time to time, for the duration
of this agreement.
(a) Whenever:
(iv) prevent the party from performing any obligation under this agreement,
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(v) notify the other party promptly; and
(vi) explain to the other party the nature of the event and the effect it has had or
is likely to have; and
(vii) if the other party so requests, after each incident provide the other party
with an interim verbal report on:
(B) what action the party needs to take to deal with the incident; and
(C) the party's estimate of how long it will take the party to deal with
the incident; and
(viii) as soon as practicable, but within 21 days after each incident, provide the
other party with a written report on each of the matters referred to in
sub-paragraph (vii); and
(x) establish and maintain a 24 hour-a-day contact point for liaison between
the parties, until any problem is rectified.
(b) If an incident referred to in paragraph (a) is declared with respect to MW's water
supply system, MW must:
(i) continue to supply Water Supply Services under this agreement, to the
extent that MW's water supply system is capable of doing so; and
(ii) use all reasonable endeavours to reinstate its water supply system and
resume fully supplying Water Supply Services, as soon as possible; and
(iii) consult with YVW to determine whether MW can provide Water Supply
Services under this agreement by alternative means, without affecting
MW's ability to provide such services to another Licensee; and
(iv) provide Water Supply Services by such alternate means as are agreed by
the parties under sub-paragraph (iii); and
(v) if MW cannot supply Water Supply Services by alternate means, liaise with
YVW to assist it to obtain supplies from the best available alternative
source.
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(i) cause harm to the environment; or
(d) A party which undertakes a work or measure under paragraph (c) with reasonable
care and diligence may recover its reasonable costs of so doing from the other
party.
(a) If, in the course of MW providing water supply services to another Licensee solely
for the purpose of supplying water within the area of that Licence, an emergency
occurs in MW's water supply system which affects that Licensee, YVW must allow
MW access to YVW's water supply system for the purpose of providing emergency
alternative water supply services to that Licensee, whenever allowing MW access
would not interfere with YVW's ability to supply its own customers.
(b) MW must pay YVW a fee for access to its works under paragraph (a) for every day
or part of a day upon which MW has had access to YVW's works, during an
emergency.
(c) The fee referred to in paragraph (b) must be agreed between the parties or, if the
parties cannot agree, determined under clause 30.
(a) A party may require a temporary alteration or interruption to the Water Supply
Services to a Water Supply Superzone where the alteration or interruption is
required:
(i) to construct, repair, maintain or commission any part of that party's water
supply system; and
(b) Unless the parties agree otherwise, a party must give the other party at least 7
days' written notice of its intention to require a temporary alteration or
interruption under paragraph (a).
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(c) On receiving notice from MW under sub-clause (b), YVW may ask MW to
postpone any temporary alteration or interruption if a particular customer of YVW
may be adversely affected by the proposed temporary alteration or interruption.
(d) MW must endeavour to comply with any request made under paragraph (c).
(i) affect the quantity or quality of water supplied to YVW's customers, YVW
will advise and manage relations with those customers, unless the parties
agree otherwise;
(ii) cause other public inconvenience, MW will advise and manage relations
with the public,
14.6 Drought
(a) If MW is unable to meet any of its obligations under this agreement because of
drought, MW must:
(i) a period during which there is insufficient water in MW's storages to meet
the anticipated unrestricted demand of all Licensees, because of either:
(i) together with other Licensees, review and, if necessary, amend the Drought
Response Plan prepared under sub-clause 13.3 of the former agreement, at
intervals no greater than 3 years; and
(ii) implement the Drought Response Plan, as amended from time to time, for
the duration of this agreement.
If MW fails to comply with sub-clause 9.1 or 10.1 on any day upon which the total
requirements of all Licensees for water supplied by MW exceeds 3100 ML:
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(b) MW must comply with paragraph 14.3(b).
(a) MW must refer to YVW any enquiry from a YVW customer about water supplied
by YVW.
(b) MW must take all reasonable action to ensure that any planned or emergency
work or measures undertaken by MW cause minimum disruption to services
supplied to YVW's customers.
(a) Where the premises of an YVW customer are directly connected to MW's water
supply system:
(ii) MW must take all reasonable action to provide water supplies to the
customer to the standards required by the provisions of Schedule 4 relevant
to the type of water available to the customer from MW's water supply
system; and
(ii) any YVW customer to make a direct connection to MW's water supply
system,
(c) YVW must not give its consent under paragraph (b) unless the customer and YVW
have entered into a contract containing terms of comparable effect to the terms set
out in Part B of Schedule 4 relevant to the type of water available to the customer
from MW's water supply system.
(d) YVW must use its best endeavours to enter into an agreement with every customer
of YVW whose premises are directly connected to MW's water supply system at
the date on which this agreement commences, containing terms of comparable
effect to the terms set out in Part B of Schedule 4 relevant to the type of water
available to the customer from MW's water supply system.
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(e) YVW must not enter into an agreement with a customer referred to in paragraph
(d) on terms which omit terms of comparable effect to the terms set out in Part B of
Schedule 4, without the prior written consent of MW.
(f) YVW must use its best endeavours to advise each customer referred to in
paragraph (d) at least once in every year and whenever it discovers that the
ownership or occupation of the relevant premises has changed:
(i) whether the water supplied is fit for human consumption; and
(B) cease, after MW has given YVW 12 months' notice of its intention to
terminate the supply, if such notice is consistent with YVW's
agreement with the customer; and
(g) YVW may decide to include in any information statement issued under section 75
of the Water Industry Act 1994 in respect of premises referred to in paragraph (a), a
statement to the effect that:
(i) the premises are directly connected to MW's water supply system; and
(ii) YVW has entered into a contract under section 21 of the Water Industry Act
1994 with the owner or occupier of the premises.
(h) YVW must install, maintain, operate and read a meter for determining the flow of
water supplied to each customer referred to in paragraph (a).
(i) YVW must, at intervals no greater than 3 months, give MW a report setting out:
(ii) the total volume of water, calculated by reference to the meters referred to
in paragraph (g), supplied to premises upstream of a MW Billing Meter
since the last report.
(j) YVW must each year, by a date specified by MW, give MW a report setting out:
(ii) the total volume of water supplied to those premises in the preceding 12
months.
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PLANNING IMPROVEMENTS AND FUTURE SERVICES
16.1 The parties must co-operate with each other as set out in clause 18 and 19 to undertake
studies and analyses and to exchange data and information relevant to determining what
Water Supply Services will be required by YVW in future years.
16.2 The parties may adopt a protocol under sub-clause 8.2 to which any other Licensee may
be a party, for mutual co-operation between each party to the protocol for the purposes
referred to in sub-clause 16.1.
16.3 Without detracting from sub-clause 7.3, each party must give prompt written notice to the
other whenever it:
to its rights or obligations under any law, which is or may be relevant to the rights or
obligations of either party under this agreement.
16.4 (a) Subject to paragraph (b), each party agrees, on the written request of the other
party, to join in requesting the Minister, Department or authority named in the
written request not to make, or to review, make, suspend, alter or revoke, any
pending change or change referred to in sub-clause 16.3.
(b) Paragraph (a) does not apply if a party reasonably considers that it would not be in
the best interests of that party to act on the written request of the other party.
(a) By 30 September in each year, YVW must give MW its estimate of the maximum
peak day demand at each Pressure Monitoring Point and Flow Allocation Point
for:
(ii) the fifth, tenth and twentieth year after the current year; and
(iii) any other year during which YVW estimates that there will be a significant
fluctuation in the demand for water within the area of its Licence.
(b) MW must provide YVW with access to all historical data accumulated or held by
MW relevant to making estimates required by paragraph (a).
(c) MW must, in relation to each year for which an estimate is provided under
paragraph (a), determine the hydraulic demand which will be placed on MW's
water supply system by the maximum peak day demand.
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(d) If a determination under paragraph (c) indicates that, in any year, the hydraulic
load will be greater than the hydraulic capacity, MW must take timely action to
ensure that the system capacity will be greater than the hydraulic load in that year.
(a) the parties must promptly jointly prepare a program of actions, works or measures
to ensure that the relevant indicators of water quality comply with the
requirements of Schedule 3; and
MW must install and commission each Billing Meter in accordance with the
manufacturer's specifications.
(ii) to augment the hydraulic capacity of water supply works for such a
purpose,
the parties must, together with any other Licensee which will benefit from the
proposed improvement or augmentation, establish a working group to agree on
the terms of reference for, and to undertake, an initial study to:
(iii) identify, assess and estimate the cost of feasible options to make the
relevant improvement or augmentation; and
(v) estimate the capital and operating costs of such works and measures; and
(vii) determine the location of any interface point which may be required as a
result of the works or measures.
(b) If the parties and any other Licensee represented on the working group do not all
accept the recommendations of the working group, they must:
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(i) jointly select and commission a consultant to consider and make
recommendations upon such of the matters referred to in paragraph (a) as
they determine; and
(c) The parties and any other Licensee represented on the working group must either:
(ii) promptly adopt and implement some other least-cost community solution
agreed between them; or
(i) MW must undertake, at its cost, any relevant works or measures upstream
of an Interface Point; and
(ii) YVW must undertake, at its cost, any relevant works or measures
downstream of an Interface Point.
(e) Where the recommended least-cost community solution requires the creation of a
new interface point, it must be located either:
(B) adversely affecting MW's ability to operate its water supply system;
or
(C) exercising unreasonable control over any part of the new works to
the detriment of another Licensee; or
(iii) in the case of a new water treatment plant located on a new pipeline
constructed by MW for the purpose of providing water supply services, no
further upstream than is required for MW to comply with Schedule 3.; or
(iv) no further downstream of an existing Interface Point than any new works
undertaken by MW, if the new works either:
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(A) are exclusively required by MW to discharge all of its obligations
under this agreement and any comparable agreement with another
Licensee; or
(C) are similar to, and more conveniently maintained and operated in
conjunction with, immediately contiguous water supply assets of
MW.
(f) Where the recommended least-cost community solution requires the construction
by MW of a new water treatment plant on or adjacent to an existing pipeline
belonging to YVW:
(i) the interface point must be located at the outlet from the water treatment
plant; and
(ii) must be entered as an Interface Point in the Water Supply Asset Interface
Register held by the Office of the Regulator-General by 30th September in
each year.
(i) A party which undertakes work pursuant to paragraph (d) becomes the owner of
the resulting asset and must maintain and operate that asset, at its cost, for the
purposes of this agreement.
(j) Any matter concerning the respective obligations of the parties, with respect to the
undertaking, ownership, maintenance or operation of works or measures under
this clause which is not provided for by this clause, must be determined under
clause 30.
(ii) increase the capacity of MW's water supply system, but which are not
works or measures referred to in paragraph (a),
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MW must seek and obtain confirmation from YVW that the proposed works or
measures will meet YVW's needs.
(a) Unless the parties expressly agree to the contrary, sub-clause 18.1 does not apply
to works or measures proposed by MW which:
(iii) are undertaken for the purpose of complying with its statutory obligations.
(b) Before executing any works or measures referred to in paragraph (a), which may
have a direct or indirect effect on YVW, MW must consult with YVW and invite
and take into consideration any comments made by YVW, about:
(iii) feasible options, other than the proposed works or measures, for achieving
those proposed effects; and
(iv) the methods of estimating and the estimate of the cost of the works or
measures.
19. SCHEDULING AND CO-OPERATIVE PLANNING FOR NEW WORKS AND RENEWALS
Within 2 months after the date on which this agreement commences, and thereafter by 15
May in every year, the parties must adopt a Three Year Capital Works Program for the
ensuing three years, commencing on 1 July in that year.
(b) identify which party must undertake the relevant project or works; and
(c) set out the anticipated benefits from each project or works, including any benefits
concerning:
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(ii) the ability of the parties to meet their respective legal obligations; and
(d) set out details of any particular works and anticipated benefits (including works
referred to in paragraph 18.1(a)) which have been agreed upon by the parties
including:
(e) for other projects or works referred to in paragraph (a), set out:
(i) the indicative dates upon which it is proposed to commence and complete
the project or works; and
(a) Subject to paragraph (b) and sub-clause 19.4, each party must comply with every
aspect of the details referred to in sub-clause 19.2 excluding sub-paragraph
19.2(d)(ii).
(i) must meet the actual cost of the works, whether they are less than, or
greater than, the estimated costs; and
(ii) may retain the benefit of any saving, if the actual costs of the works is less
than the estimated cost.
The parties may (through their Principal Representatives) agree in writing to vary any
aspect of, or postpone any obligation under, a Three Year Capital Works Program.
Each party must give a written report to the other party by 31 January and 31 July in every
year unless the parties agree otherwise (and at such other times which the other party
reasonably requests) on:
(a) its progress in implementing its obligations under the Three Year Capital Works
Program since its last report; and
(b) the degree to which a project or works undertaken by the party under the Three
Year Capital Works Program has provided the anticipated benefits referred to in
paragraph 19.2(c) since its last report.
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19.6 Protocol for co-operation and responsibility in executing works
The parties may adopt a protocol under sub-clause 8.2 concerning their respective
obligations in planning, deciding upon, implementing and managing risks associated with
projects, works or measures to be undertaken by either or both of them for the purposes of
this agreement.
(b) If the parties are unable to agree on any matter to be agreed from time to time
under paragraph (a), the matter must be determined in accordance with clause 30.
(d) MW must:
(i) at its cost, engage the independent auditor to undertake the audit agreed
under paragraph (a); and
(ii) co-operate in all respects with that audit and auditor; and
(A) promptly give YVW a copy of all outcomes of the audit; and
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CHARGES FOR WATER SUPPLY SERVICES
22. CHARGES
(i) in advance for the fixed availability charge, on the first of each month, or if
that is not a Business Day on the next Business Day; and
(ii) in arrears for the usage charge, each Wednesday, or if that is not a Business
Day, on the next Business Day.
(b) For the purpose of this clause, "Business Day" means a day (other than a Saturday,
Sunday or Public Holiday) on which banks are open for general banking business
in Melbourne.
(a) the measured volume of water delivered to YVW at each Billing Meter since the
last invoice; and
(c) the period for which any such Billing Meter malfunctioned or was out of service;
and
(d) any volume of water estimated, rather than measured, by MW and the method of
making that estimate; and
(e) any volume of water used by MW to clean, flush or scour any part of its water
supply system; and
(f) any adjustment required as a result of any inaccuracy in a previous invoice; and
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23.3 When an invoice must be paid
(a) YVW must pay any invoice given in accordance with sub-clauses 23.1 and 23.2:
(i) for the availability charge, by electronic transfer on or before the 15 th day of
the month (or, if that day is not a Business Day then the next Business Day)
in which the invoice is given; and
(ii) for the usage charge, by electronic transfer on or before the Wednesday
after the invoice is given.
(b) An electronic transfer under paragraph (a) must be made to such bank account as
MW may, from time to time, advise YVW in writing.
(a) YVW must pay interest at the interest rate on any amount not paid in accordance
with sub-clause 23.3, calculated from the date upon which the amount is due until
the amount is paid in full.
(b) For the purposes of paragraph (a), the interest rate is the Bank Bill Reference Swap
Rate on the date upon which the amount is due.
(c) MW must invoice YVW separately for any interest payable under this sub-clause.
YVW must pay any such invoice within seven days of the date of the invoice.
(a) YVW may give MW written notice if it disputes any invoice given under this
clause.
(b) If YVW so requests, MW must promptly give YVW further information about the
volume of water referred to in the invoice and how any estimate of volume was
made.
(c) Notwithstanding any dispute, YVW must, on the relevant date referred to in
paragraph 23.3(a), pay:
(B) the average usage charge for the preceding three weeks.
(d) Any dispute under this sub-clause must be determined in accordance with clause
30.
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23.6 Deductions or set-offs not allowed
A party must not set-off or deduct moneys payable to the other party under this
agreement:
(a) against or from any other moneys payable by the other party; or
(b) to make good any breach of this agreement by the other party; or
(c) if there is a dispute about whether an unmetered boundary valve between YVW
and another Licensee has been operated correctly; or
24.1 The usage charge referred to in Schedule 5 must be calculated by reference to volumes
determined in accordance with this clause.
24.2 MW must:
(b) provide YVW with instantaneous access to data relevant to YVW, recorded by any
Billing Meter linked to MW's SCADA system.
24.3 MW must apply the formulae in Schedule 6 to determine the volume of flow referable to
YVW.
(a) may, at any time, agree to review and, if appropriate, to revise a formula in
Schedule 6; and
(b) must review and, if necessary, revise the formulae whenever MW installs a new
meter pursuant to sub-clause 17.3.
24.5 (a) MW must use its best endeavours to ensure that the rate of leakage of water from
its water supply system does not increase during the term of this agreement.
(b) MW must demonstrate to the satisfaction of YVW that it continues to comply with
paragraph (a) by:
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(i) undertaking in each year a review of leakage in MW's water supply system;
and
(ii) giving YVW a copy of the report of each review by 31 December in the
relevant year; and
(iii) undertaking such action as may, from time to time, be necessary to comply
with paragraph (a).
24.6 Within 6 months after the date on which this agreement commences, the parties must
agree on, adopt and implement a protocol under sub-clause 8.2 for:
(a) installing, maintaining, operating and reading any Billing Meter; and
(b) regularly testing for and correcting any electronic malfunction of a Billing Meter, at
MW's expense; and
(d) providing YVW with access to all data resulting from that testing program; and
24.7 (a) MW must arrange for a test referred to in paragraph 24.6(c) upon the written
request and at the expense of, YVW.
(b) If a test under paragraph (a) reveals that the device was inaccurate by more than
1%, MW must reimburse YVW the cost of testing the device.
24.8 If:
(a) a Billing Meter is, for any part of a billing period out of service; or:
(b) the data obtained from the Billing Meter is inaccurate, corrupt or cannot be
corrected,
MW must calculate the volume of water delivered to YVW for the relevant period by one
of the following methods agreed to by the parties on each occasion:
(c) by comparison with the volume of water supplied under similar conditions during
some other period;
(d) by comparison with the quantity of water supplied after the Billing Meter has been
restored to proper order;
(e) by comparison with other meters installed at Pressure and Flow Allocation Points
which are not Billing Meters;
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24.9 If a Billing Meter is found to be registering incorrectly by an error greater than 1%, MW
must:
(a) Adjustments to billing volumes will be calculated when one party notifies the
other party in writing of a suspected leakage or incorrect billing meter registration.
(b) If a third party is also affected by the adjustment then Melbourne Water must
immediately notify that other party.
(c) Adjustments will be calculated back to a date, agreed between all parties affected,
on which the leak or billing meter error started. This applies in cases where it is
possible to determine such a date (such as events caused by recorded operational
activities or distinct flow changes evident in SCADA).
(d) Adjustments made in accordance with paragraph (c) will not be back-dated further
than 1 July of the financial year that notification was given.
(e) If it is not possible to determine an agreed starting date for the leakage or billing
meter error (such as pipeline leaks that do not produce a significant change to
recorded SCADA flows or a gradual shift to billing meter accuracy), then the
billing adjustment shall be made back to the date of written notification.
(f) Adjustments made in accordance with Clause 25.1 must be resolved between the
affected parties:
(ii) by the 30 June of the financial year in which the written notification was
given.
(g) In the event that agreement can not be reached on an adjustment to the billing then
the dispute must be determined in accordance with Clause 30.
(a) Subject to paragraph (b), MW must adjust any invoice given under clause 23 by
deducting an amount of $500 for every megalitre of water supplied to YVW
through a primary disinfection plant during any event when no chlorine is added
to the water, since the previous invoice.
(b) MW is not obliged to deduct more than $50,000 with respect to any one event
referred to in paragraph (a).
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25.3 Adjustment for Wastage
MW must adjust any invoice given under clause 23 by deducting the volume of water
wasted by YVW in the circumstances described in paragraph 25.2(a).
ADMINISTRATIVE PROVISIONS
26.1 Each party must appoint and must, for the duration of this agreement, keep appointed, a
Principal Representative for the purpose of this agreement.
26.2 The person named in the address of a party set out in clause 34 is deemed to be the
Principal Representative of that party.
26.3 Each party must, from time to time, give the other party notice of any change to the name,
postal address, e-mail address, telephone number, facsimile number and after-hours
contact details of its Principal Representative.
26.4 Each party must confer upon its Principal Representative, and hereby warrants to the
other party that it has so conferred, all necessary power to give or receive any notice, to
give any approval, undertaking or assurance, to enter any agreement, to adopt any
protocol or to do any other thing which a party may do under this agreement, on behalf of
the party appointing that Principal Representative.
26.5 Each party must ensure that the Principal Representatives of the parties:
(a) meet regularly to discuss and to resolve any issues arising in the performance of
this agreement; and
(b) liaise with each other for the duration of this agreement to ensure that it is
implemented effectively.
27.1 Each party (through its Principal Representative) must appoint, and must for the duration
of this agreement keep appointed, one or more Operating Representatives for the purpose
of this agreement.
27.2 Each party must, from time to time, give the other party notice of:
(a) the name, postal address, e-mail address, facsimile and telephone number of each
Operating Representative appointed from time to time; and
(b) the particular obligations of the appointing party under this agreement for which
that Operating Representative is responsible.
27.3 Each party must confer on each Operating Representative and warrants to the other party
that it will so confer, all necessary power to be responsible for the day-to-day
administration of those obligations of the appointing party notified under paragraph
27.2(b) in relation to that Operating Representative.
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27.4 Each party must ensure that the Operating Representatives of the parties for particular
obligations of that party,
(a) meet regularly to discuss and resolve any issues arising under the agreement in
relation to those obligations; and
(b) liaise with each other for the duration of this agreement to ensure that the
agreement is implemented effectively with respect to those obligations.
28.1 If either party is unable, because of an overriding event, to perform any obligation, either
in whole or in part, under this agreement (other than an obligation to pay money) the
obligation is suspended, as far as it is affected by the overriding event and while that
event continues.
(a) give the other party prompt written notice of the overriding event (and, in any
case, within 7 days of learning of it) with reasonably full particulars and, as far as it
knows, the probable ways in which it will be unable to perform or be delayed in
performing any obligations; and
(b) use all possible diligence to remove and mitigate either or both of the overriding
event and its effect, as quickly as possible (including expending reasonable funds,
deploying other resources and re-scheduling other commitments); and
(c) keep the other party informed at regular intervals, or promptly upon the request of
the other party, of:
(i) any change in the party's estimate of the duration or effect of the overriding
events; and
(ii) action taken or proposed by the party under paragraph (b); and
(iii) whether the overriding event has ceased and whether its effects have been
successfully mitigated or minimised; and
(iv) any other matter in connection with the overriding event or its effects as the
other party reasonably requires.
contrary to the reasonable wishes of the party affected, or its reasonably perceived best
interests.
28.4 In any dispute concerning the occurrence, duration or effect of an overriding event, the
party affected has the onus of proving that it has complied with paragraph 28.2(b).
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28.5 "Overriding event" means any event or circumstance or combination of them which is:
(b) could not have been prevented or remedied by the party affected taking
reasonably prudent steps, including, but not limited to, the expenditure of
reasonable sums of money.
(g) inability to obtain, or delay in obtaining any necessary approval or other authority
from any Parliament or Government or Government agency;
29. C ONFIDENTIALITY
(a) not disclose any confidential information of the other party, without the prior
written approval of the other party; and
(b) not require, assist or permit any person to have access to, or use, disclose or
reproduce any confidential information of the other party; and
(c) take reasonable steps to enforce obligations imposed under this clause.
29.2 Despite sub-clause 29.1, a party may disclose confidential information of the other party:
(a) to any employee, contractor or consultant of the party who reasonably needs to
know the confidential information for that party to exercise its rights or perform its
obligations under this agreement; and
(b) if it is:
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to disclose it; or
29.3 A party may only disclose confidential information under paragraph (a) if it imposes
upon the person to whom the confidential information is disclosed, an obligation:
(b) not to disclose that confidential information to any other person, except,
for the sole purpose for which the confidential information is disclosed.
29.4 If a party is required or compelled to disclose confidential information of the other party
under paragraph 29.2(b), it must:
(a) immediately give written notice of that fact to the other party; and
(b) use its best efforts only to disclose that confidential information of the other party
on terms which preserve the strictest confidentiality.
(a) a party may bring proceedings to restrain any breach of threatened breach by the
other party of this clause; and
(b) the unauthorised use, disclosure or divulgence of, or dealing with, the confidential
information of a party by the other party will cause irreparable harm to that party,
for which damages will not be an adequate remedy.
29.6 The parties do not intend this clause to prevent MW disclosing to a Licensee other than
YVW information about MW's operation and management of, and plans for improving,
MW's water supply system, for the purposes of any bulk water supply agreement
between MW and that Licensee.
(ii) has come or comes to the knowledge, or into the possession, of the other
party under or in connection with this or the former agreement; and
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(b) in the case of YVW, any knowledge, information or know-how relating to YVW's
business, systems, customers, property, assets or affairs, concerning YVW's
activities under its Licence, which were known to MW before 1 January 1995
because of its activities as a supplier of water and sewerage services in the area of
YVW's Licence,
but does not include the provisions of this agreement other than Schedule 5.
(a) If any difference or dispute arises between the parties under or in relation to this
agreement or its subject matter, they agree to seek, in good faith, to resolve the
matter by negotiations between the Principal Representatives.
(b) A difference or dispute arises at the time when one party notifies the other party in
writing that there is a difference or dispute about a matter specified in the notice.
(c) If the Principal Representatives do not resolve the dispute within 7 days of it
arising, either party may give written notice to the other party, requiring the
matter to be:
(d) A party may only commence legal proceedings in respect of a difference or dispute
referred to in paragraph (a) after an expert referee referred to in sub -clause 30.4
has had a reasonable opportunity to decide or to make a determination in respect
of the difference or dispute.
(e) If a difference or dispute is referred for resolution under any or all of sub-clauses
30.2, 30.3 and 30.4, neither party may oppose an application for a stay of legal
proceedings in respect of the dispute, pending the conclusion of proceedings or the
making of a decision or determination, as the case requires, under any or all of
those sub-clauses.
(b) The panel must meet to consider any difference or dispute within 7 days of it being
referred to the panel.
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(c) A decision of the panel may only be made by the unanimous agreement of the
members of the panel.
(d) If the panel is unable to reach an agreement on a decision within 14 days of the
meeting referred to in paragraph (b), the parties must either refer the matter to:
30.3 Mediation
(B) determined by some other process agreed between the parties at the
time.
(c) The parties must meet the mediator's costs in equal shares.
(d) Mediation must occur in accordance with the Law Institute of Victoria Code of
Practice for Mediation, or an equivalent code agreed to by the parties.
(e) If the parties fail to resolve the difference or dispute within 14 days after mediation
has concluded, the difference or dispute must be determined by an expert referee
under sub-clause 30.4.
(B) determined by some other process agreed between the parties at the
time,
who must decide the matter within 30 days of the expert referee's appointment.
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(b) If the expert referee is more than one person, any decision must either be
unanimous or made by a majority.
(d) An expert referee must give written reasons for a determination, if either party so
requests.
(e) Unless the expert referee otherwise determines, each party must:
(i) bear its own costs of proceedings before the expert referee; and
(a) Within 7 days of the appointment of an expert referee, each party must lodge with
the expert referee a dispute deposit of $50,000 as security against costs and the
expert referee's determination.
(b) Failure by a party to lodge a dispute deposit does not invalidate the appointment
of an expert referee or prevent the referee from making a determination.
(c) An expert referee, as part of its determination, must make an award for some or all
of the dispute deposit lodged by a party either to be applied to:
(ii) to any amount awarded to the other party as part of the determination,
(a) Any decision of the panel or the expert referee is binding on the parties for all
purposes, providing that the panel or expert referee has not made a manifest error
of fact or law, or failed to observe natural justice.
(b) Subject to paragraph (a), this clause does not prejudice or affect any right of a party
to take any other action under this agreement.
31. REMEDIES
(a) If a party breaches any provision of this agreement and that breach is not excused
either by this agreement or by written notice from the other party, the party in
breach must pay to the other party any costs or expenses directly incurred by the
other party as a result of that breach, without prejudicing any other right which
the other party has under this agreement.
(b) Costs or expenses referred to in paragraph (a), in the case of YVW, include:
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(i) any amount which YVW is required to pay in relation to loss or damage
suffered by a customer of YVW or a consumer of water supplied by YVW
as direct result of MW's breach; and
(B) all direct and indirect costs that YVW would have incurred in
performing this agreement if the breach had not occurred,
(iii) any amount paid under sub-paragraph (i) which is attributable to indirect,
rather than direct, loss or damage; and
(iv) any amount calculated under sub-paragraph (ii) which is less than $10,000;
and
(c) A party must do everything it reasonably can to mitigate any loss resulting from a
breach referred to in paragraph (a).
(i) take all proper and reasonable action to avoid, resist, compromise and
defend any claim by a customer of YVW or a consumer of water supplied
by YVW with respect to loss or damage referred to in sub-paragraph (b)(i);
and
(ii) must not compromise or make any payment with respect to such a claim,
without the prior written consent of MW.
(e) MW must do anything which YVW reasonably requests to assist YVW to avoid,
resist, compromise and defend a claim referred to in sub-paragraph (b)(i), at
YVW's cost.
32. AMENDMENTS
(a) This agreement may be amended in writing signed by both parties or the Principal
Representatives of both parties.
(b) If a party wishes to negotiate a change or addition to this agreement, including any
matter not expressly dealt with in this agreement, it may give the other party
written notice of the facts, with full details of any changed circumstance and any
proposed change or addition.
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(c) Within 7 days of a party receiving a notice under paragraph (b) or such longer
period as is agreed between the parties, the parties must enter into good faith
negotiations, having regard to all factors relevant to the proposed change or
addition.
(d) The parties must jointly review this agreement and agree on any appropriate
amendments at intervals no greater than 3 years.
33. TERMINATION
(c) MW ceases to have the statutory power to provide Water Supply Services.
34. NOTICES
34.1 A notice, consent or other communication under this agreement is only effective if it is in
writing, signed and either left at the addressee's address or sent to the addressee by mail,
fax or e-mail. If it is sent by mail, it is taken to have been received 3 working days after it
is posted. If it is sent by fax, it is taken to have been received when the addressee actually
receives it in full and in legible form. If it is sent by e-mail, it is taken to have been
received when the sender receives an e-mail acknowledgment that the message has been
received.
34.2 A party's address and fax number are those set out below, or as the party notifies the other
party:
Melbourne Water
Postal address:
PO Box 512
Altona North
3025 Vic
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Principal Representative: Tony Antoniou
General Manager – Operations and Maintenance
Lucknow Street
Mitcham Vic 3132
35. GST
35.1 For the purpose of this clause "GST" means any consumption tax imposed by a
Commonwealth Act, whether at the point of sale or upon some other specified occurrence,
by whatever name, which operates during the term of this agreement and includes a
goods-and-services tax, a broad-based consumption or indirect tax and a value-added tax.
35.2 Each amount, of whatever description, specified as being payable by one party to the
other party under this agreement is expressed net of GST.
(a) the amount payable is the amount determined in accordance with clauses 22, 24
and 25;
PLUS
(b) an amount which will put MW in the same position as if the Water Supply Services
were "GST-free", within the meaning of A New Tax System (Goods and Services Tax)
Act 1999.
35.4 Where payment under this agreement is calculated by reference to a liability incurred by a
party, the amount of the liability, for the purpose of that payment is:
LESS
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(b) the amount of any GST input tax credit which the payee is entitled to claim with
respect to that liability;
PLUS
(c) an amount which will put the payee in the same position as if the payment were
"GST-free", within the meaning of A New Tax System (Goods and Services Tax) Act
1999.
35.5 For the purpose of sub-clause 35.4, "liability" means a payment required under:
35.6 An amount referred to in paragraph 35.3(b) or 35.4(c) does not include any incidental
administrative or overhead costs incurred by a party in the course of complying with the
relevant Commonwealth Act.
35.7 The parties must, in good faith and before 30 June 2001, decide when a "tax invoice" with
the meaning of A New Tax System (Goods and Services Tax) Act 1999 will be provided for a
payment referred to in sub-clause 35.2 or 35.4 and amend this agreement accordingly.
35.8 The parties must, in good faith, review the operation of, and, if necessary, amend this
clause before 30 June 2001.
36. G ENERAL
Each party must pay its own expenses incurred in negotiating and executing this
agreement.
Each party must do anything (including execute any document) and must ensure that its
employees and agents do anything (including execute any document) that the other party
may reasonably require to give full effect to this agreement.
A right may only be waived in writing, signed by the party giving the waiver (through its
Principal Representative) and:
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(a) no other conduct of a party (including a failure to exercise, or delay in exercising,
the right) operates as a waiver of the right or otherwise prevents the exercise of the
right; and
(b) a waiver of a right on one or more occasion does not operate as a waiver of that
right if it arises again; and
(c) the exercise of a right does not prevent any further exercise of that right or of any
other right.
(a) Except as provided in sub-clause 8.2, this agreement contains the entire agreement
between the parties about its subject matter. Any previous understanding,
agreement, representation or warranty related to that subject matter is replaced by
this agreement and has no further effect.
(b) Any right that a person may have under this agreement is in addition to, and does
not replace or limit, any other right that the person may have.
36.6 Consents
Where this document contemplates that a party may agree, consider or consent to
something (however it is described) the party may:
36.7 Publicity
A party must not make any public statement relating to this agreement unless:
(a) the other party has previously agreed to the form and content of the statement; or
(a) Each indemnity in this document survives the expiry or termination of this
document.
(b) A party may recover a payment under an indemnity in this document before it
makes any payment in respect of which the indemnity is given.
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36.10 Survival
The termination of this agreement does not release a party from any obligation relating to
this agreement that, by its nature, survives completion of the agreement, including any
obligation of indemnity or confidentiality.
36.11 Counterparts
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EXECUTED as an agreement
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SCHEDULE 1
INDEX OF
WATER SUPPLY SUPERZONES *
* A Superzone is a group of geographically adjacent water supply pressure zones. Each Locality Plan and
Zone Plan referred to in this Index is an exhibit to this agreement.
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MW – Pressure Provisions
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Point
Peak Hour Max Winter Spring Summer Autumn Annual
Flow Rate Day (ML) (ML) (ML) (ML) (ML)
(ML/day) (ML)
(a) Greenvale Reservoir 100 45 1,300 1,700 2,000 1,600 6,600
(WH70)
(b) Broadmeadows Reservoir 90 40 1,200 1,500 1,900 1,650 6,250
(WR1)
Maximum Combined 190 85 2,500 3,200 3,900 3,250 12,850
Allocation
T ransferred to Other Zones - - - - - - -
Superzone Totals 190 85 2,500 3,200 3,900 3,250 12,850
Flow Allocations will be measured using the following expressions and monitoring devices:
*The flow allocations in this table have been calculated in part using estimations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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MW – Pressure Provisions
During summer, MW will aim to maintain Somerton Reservoir above a level of 198.50 m
AHD which represents a level equivalent to one third of the operating volume of the
reservoir.
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Flow Allocations will be measured using the following expression and monitoring devices:
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MW – Pressure Provisions
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Flow Allocations will be measured using the following expression and monitoring devices:
MW – Pressure Provisions
P2 Preston-Footscray Main
(M160) St.Georges Rd at Merri at the offtake 84.00 -
Creek
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*The flow allocations in this table have been calculated in part using estimations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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MW – Pressure Provisions
This pressure monitoring point also used as the monitoring point for Zone 9 Yarrambat.
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Flow Allocations will be measured using the following expression and monitoring device:
FE412
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Flow Allocations will be measured using the following expressions and monitoring devices:
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MW – Pressure Provisions
During summer, MW will aim to maintain Morang Reservoir above a level of 160.00 m
AHD which represents a level equivalent to one third of the operating volume of the
reservoir.
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Flow Allocations will be measured using the following expressions and monitoring
devices:
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MW – Pressure Provisions
Zone 11: Quarry Hill Supply Superzone
During summer, MW will aim to maintain Quarry Hill Reservoir above a level of
194.20 m AHD which represents a level equivalent to one third of the operating volume of
the reservoir.
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Flow Allocations will be measured using the following expressions and monitoring devices:
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MW – Pressure Provisions
During summer, MW will aim to maintain Plenty Reservoir above a level of 153.80 m
AHD which represents a level equivalent to one third of the operating volume of the
reservoir.
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Flow Allocations will be measured using the following expressions and monitoring devices:
(a) FE264
(b) FE157
(c) FE119
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MW – Pressure Provisions
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Flow Allocations will be measured using the following expressions and monitoring devices:
(a) FE656
(b) FE276
(c) FE339
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MW – Pressure Provisions
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Flow Allocations will be measured using the following expressions and monitoring devices:
(a) FE458
(b) FE444
(c) FE434
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MW – Pressure Provisions
Dec-Feb 272.00 *
During flow changes on the Yarra Valley Conduit, HGL may reduce to approx. 257.00
metres for up to 12 hours if the surge tower at Silvan is offline.
From time to time, especially during emergency or storm events, this zone may need to be
supplied from the Yarra Silvan Conduits rather than the Yarra Valley Conduit. MW will
use its best endeavours to provide and chlorinate the best quality water available at the
time from the Yarra Silvan Conduit, but cannot guarantee that such a supply would
satisfy the requirements of clause 10.1. A failure by MW to meet the requirements of
clause 10.1 when supplying water from the Yarra Silvan Conduits does not constitute a
breach of this agreement.
* During summer, MW will aim to maintain Lewis Hill Tank above a level of 306.00 m
AHD. Not applicable when stage 2 or greater restrictions are in place.
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(continued)
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Flow Allocations will be measured using the following expressions and monitoring devices:
(a) FE3023
(b) Proposed
(c) FE3018
(d) FE3016
(e) FE3015
(f) FE443
(g) FE521
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MW – Pressure Provisions
1. Yarra Valley Water is not to revalve the direct supply consumers in McCarthy Rd
from the 300 to 375mm mains without written authority from the Operating
Representative.
During summer periods, particularly for days of >30 oC, MW will aim to maintain
Monbulk Reservoir above a level of 295.60 m AHD which represents a level equivalent to
one third of the operating volume of the reservoir.
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Flow Allocations will be measured using the following expression and monitoring
devices:
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MW – Pressure Provisions
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Flow Allocations will be measured using the following expression and monitoring devices:
FE3024
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MW – Pressure Provisions
# This pressure monitoring point also used as the monitoring point for Zone 19
Templestowe (Doncaster High Level) and Zone 20 Lower Plenty.
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(continued)
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Flow Allocations will be measured using the following expressions and monitoring devices:
(a) FE48
(b) Estimated
(c) FE419
(d) FE32
(e) FE476
(f) FE225
(g) FE457 + FE491
(h) FE59 + FE55
(i) FE488
(j) FE487
(k) FE145
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Flow Allocations will be measured using the following expression and monitoring devices:
FE75
The Olinda - Mitcham Pipe Track Zone and the Templestowe (Doncaster High Level)
Zone are interconnected. If the 825/600 mm distribution mains between the Templestowe
Zone and the Olinda Mitcham Pipe Track Zone are shut or taken out of service Water
Operations Control Centre is to be notified.
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Flow Allocations will be measured using the following expression and monitoring devices:
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MW – Pressure Provisions
The Olinda - Mitcham Pipe Track Zone and the Templestowe (Doncaster High Level)
Zone are interconnected. If the 825/600 mm distribution mains between the Templestowe
Zone and the Olinda Mitcham Pipe Track Zone are shut or taken out of service Water
Operations Control Centre is to be notified.
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Flow Allocations will be measured using the following expressions and monitoring devices:
(b) FE73
(c) FE486
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MW – Pressure Provisions
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Silvan-Waverley Main
(b) (M132) 50 40 450 900 1,150 800 3,300
via Syndal PRV (WB70) &
control connections
Transferred to Surrey Hills
(c) Z one via N. Camberwell -2 -2 -100 -100 -100 -100 -400
PRV (WB19)
Transferred to Olinda-
(d) Mitcham via South -8 -5 0 -20 -90 -20 -130
Vermont PS (WP72)
Maximum Combined 370 200 8,050 8,700 11,950 9,800 38,500
Allocation
T ransferred to Other Zones -10 -7 -100 -120 -190 -120 -530
Superzone Total 360 193 7,950 8,580 11,760 9,680 37,970
(continued)
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Flow Allocations will be measured using the following expressions and monitoring devices:
(a) FE247 + FE246 + FE248 - FE239F + FE239R - FE303 + FE312R - FE360 - FE38 + FE240F -
FE240R - FE324F + FE324R + FE360 + FE446
(c) FE350
(d) FE73
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MW – Pressure Provisions
Mitcham-Preston Main
(M113/158/78) at the inlet to the 124.00 145.00
De Winton Park off take to PRV Peak summer - 130.00 *
Y arra Valley Water (>30 oC - 1500 to 2130 hrs)
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Point
Peak Hour Max Winter Spring Summer Autumn Annual
Flow Rate Day (ML) (ML) (ML) (ML) (ML)
(ML/day) (ML)
(a) Surrey Hills No 1 & 2 260 120 3,850 4,950 7,200 4,550 19,550
Reservoirs (WR25 & 26)
(b) Station Road Rosanna Valve 100 50 450 850 2,200 500 4,000
(WG366)
Camberwell North
(c) (Belmore Rd) PRV (WB19) 15 10 100 100 100 100 400
Outlet
Maximum Combined 375 180 4,400 5,900 9,500 5,150 23,950
Allocation
T ransferred to Other Zones - - - - - - -
Superzone Total 375 180 4,400 5,900 9,500 5,150 23,950
Flow Allocations will be measured using the following expressions and monitoring devices:
(a)(e) FE347 + FE346 + FE345 + FE242 - FE242R - (Estimated CWW Component) Formatted: Bullets and Numbering
(b)(f) FE366
(c)(g) FE350
*The flow allocations in this table have been calculated in part using estimations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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MW – Pressure Provisions
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Point
Peak Hour Max Winter Spring Summer Autumn Annual
Flow Rate Day (ML) (ML) (ML) (ML) (ML)
(ML/day) (ML)
Preston Res. Regulating
(a) Valves 150 70 3,000 4,200 5,000 3,800 16,000
(WB20/21/22/23/24),
West Heidelberg PRV
(WB51), and Mitcham
source
(b) Western Suburbs (Gaffney 65 30 1,565 1,835 2,025 1,575 7,000
St) PRV (WB24)
Maximum Combined 215 100 4,565 6,035 7,025 5,375 23,000
Allocation
T ransferred to Other Zones - - - - - - -
Superzone Total 215 100 4,565 6,035 7,025 5,375 23,000
Flow Allocations will be measured using the following expressions and monitoring devices:
*The flow allocations in this table have been calculated in part using estimations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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MW – Pressure Provisions
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Flow Allocations will be measured using the following expression and monitoring devices:
FE342 - FE3057
*The flow allocations in this table have been calculated in part using estimations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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Flow Allocations will be measured using the following expression and monitoring devices:
FE3055 + FE3056
*The flow allocations in this table have been calculated in part using estim ations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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MW – Pressure Provisions
Mt View-Dandenong Main
P1 (M131) at the inlet to the 146.00 155.00
Mulgrave PRS offtake PRS
- the duplicate 900mm Yarra Valley Water main in Watsons Road (M338) must be
operational and interconnected to the 825mm Mt View - Dandenong transfer main (M131).
- Zone 34 Cardinia Subzone must be supplied from Cardinia via the Bakers Rd cross-
connection.
If this zone is to be supplied from Mt.View, the alteration to supply must be made in
consultation with Yarra Valley Water.
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Point
Peak Hour Max Winter Spring Summer Autumn Annual
Flow Rate Day (ML) (ML) (ML) (ML) (ML)
(ML/day) (ML)
(a) Mt View Reservoir (WR15) 260 120 3,850 4,400 6,700 5,250 20,200
Transfer to Mt Waverley
(b) R es Zone via WB3 #, WB7 -25 -15 -780 -850 -790 -880 -3,300
# and WB55 *
Transfer to Mt Waverley
(c) Res zone via Mt Waverley- -17 -17 -1,550 -1,550 -1,550 -1,550 -6,200
Notting Hill Main (M159)
Maximum Combined 260 120 3,850 4,400 6,700 5,250 20,200
Allocation
T ransferred to Other Zones -42 -32 -2,330 -2,400 -2,340 -2,430 -9,500
Superzone Total 218 88 1,520 2,000 4,360 2,820 10,700
Flow Allocations will be measured using the following expressions and monitoring devices:
(a) FE113 + FE130 + FE431 + FE114 + FE216 - FE312R - FE3047 - FE3048 - FE3049
(b) FE410 + FE411 + FE186
(c) FX955 (a calculated flow)
Flow Description Asset No.
Element Monitored
FE113 Mt View-Dandenong Main at Waverley Rd-825mm MW-M131
FE130 Mt View Outlet Main west 1150mm MW-M268
FE431 Mt View - Dandenong Main Duplication 900mm R -M388
FE114 Mt View Outlet Main east 450mm R -M266
FE216 Mt View High Level Pumping Station R -WP21
FE312R Syndal - Notting Hill towards Mitcham MW-M22
Computed Mt. View-Notting Hill Flow (FX955) MW-M159
FE3047 North Rd at Princes Highway Flow R -Retic
FE3048 McNaughtons Rd at Princes Highway Flow R -Retic
FE3049 Princes Highway at Springvale Rd Flow R -Retic
FE410 Huntingdale Rd, Clayton PRV Flow R -WB3
FE411 Macrina St, Clayton PRV Flow R -WB7
FE186 Clayton Rd, Clayton PRV Flow R -WB55
*The flow allocations in this table have been calculated in part using estimations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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MW – Pressure Provisions
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Point
Peak Hour Max Winter Spring Summer Autumn Annual
Flow Rate Day (ML) (ML) (ML) (ML) (ML)
(ML/day) (ML)
(a) Mt Waverley Reservoir 115 53 1,750 1,970 2,600 2,010 8,330
(WR16)
Transfers in from Mt View 13 8 245 265 250 275 1,035
(b) Z one Via WB3 #, WB7 #
and WB55 *
(c) Transfer in from Preston 3 1 2 3 7 3 15
Z one Via WB8 *
Transfer in from Mt View
Z one via Waverley-Notting Included in Mt. Waverley Reservoir Outflow
Hill Main
Maximum Combined 131 62 1,997 2,238 2,857 2,288 9,380
Allocation
T ransferred to Other Zones - - - - - - -
Superzone Total 131 62 1,997 2,238 2,857 2,288 9,380
Flow Allocations will be measured using the following expression and monitoring devices:
*The flow allocations in this table have been calculated in part using estimations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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MW – Pressure Provisions
Any re-valving of the distribution main offtakes at the normally shut divide valve in the
Mt View - Dandenong Main (M131) at Wellington Rd is to be notified to the Operating
Representative and Water Operations Control Centre.
If this zone is to be supplied from Mt.View, the alteration to supply must be made in
consultation with Yarra Valley Water.
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Flow Allocations will be measured using the following expression and monitoring devices:
*The flow allocations in this table have been calculated in part using estimations. Meters have
been recently installed at the Licence boundary but readings from these meters have not been used
to calculate the flow allocation. After data has been collected from these meters for a suitable
period of time, the flow allocations will be recalculated.
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SCHEDULE 2
A Plan designating Entry Points, Water Quality Monitoring Points and Water Quality Zones
described in this Schedule is an exhibit to this agreement.
Entry Points
48,56,60,570-590, 610,
ESILWAV1 SILVAN WAVERLEY MAIN DET. PT. 620 120 B 4
EWINSLRM WINNEKE CWS O/L MAIN AT SPS 18, 25, 620 273 A 8
Monitoring Points
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MWDTKNEE SILVAN PRESTON MAIN 12, 14, 16, 17, 48, 49, 50 35 E 6
RPRESET1 PRESTON RES COMBINED O/L 9B, 11, 9, 10, 610, 620 18 G 7
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SCHEDULE 3
1. OPERATING PRACTICES
1 GENERAL PRINCIPLES
1.1 MW must ensure that its systems and processes are compliant with the Safe
Drinking Water Regulations 2015 (Vic).
1.2 In order to comply with the Safe Drinking Water Regulations 2015 (Vic), MW must
take a risk based approach to safeguarding product quality.
1.3 Any changes to the rationale used in controlling risk must be reviewed by YVW
prior to implementation.
1.4 MW must ensure that any system changes with potential quality impacts are to be
communicated and approved by YVW via the OCCP process.
2 PRIMARY TREATMENT
2.1 MW must ensure that effective disinfection of drinking water is achieved before it
reaches the first consumer offtake. The basis of effective disinfection is to be detailed
in the Drinking Water Quality Management Plan.
2.2 For systems reliant on chlorination for primary disinfection, a general adjustment
factor of 0.7 is to be used to calculate Ct to allow for the decay characteristics of
chlorine, unless an alternative factor has been agreed to by both parties:
Ct = C x 0.7 x T
T= the time taken for water to travel from the primary chlorinator to the first
consumer (minutes).
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2.3 The parties will collaborate in developing, in accordance with sub-clause 8.2 (b), a
protocol for chlorine residual management. The developed protocol will give
consideration of other system operating constraints, such as hydraulic requirements
and the needs of other Licensees and their customers, and will address:
2.3.1 Methodologies to optimise chlorine residuals and set chlorine residual targets
across the entire Melbourne water system;
1 INTERPRETATION
In this Part:
"Monitoring Point" includes Water Quality Monitoring Point and Entry Point.
“standard” means the standards detailed for the relevant Monitoring Points in Part C.
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“regulated standard” means the standards prescribed in the Safe Drinking Water
Regulations 2015 (Vic).
2 REPORTING
Results for the preceding 12 months at each Monitoring Point for compliance with the
BWSA standards in Part C of this schedule
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3 HEALTH-RELATED PARAMETERS
3.1 MW will implement a sampling and laboratory analysis program that complies
with the requirements of the Safe Drinking Water Regulations 2015 (Vic).
3.2 Measured water quality at any Monitoring Point is to comply with the specification
in the Safe Drinking Water Regulations 2015 (Vic).
3.3 Upon any E. coli detection for a Monitoring Point, MW must declare an incident in
accordance with Clause 14.3 and take immediate action to identify and rectify any
cause of the E. coli detection.
3.4 Each party must notify the other immediately if any routine sample exceeds the Safe
Drinking Water Regulations 2015 (Vic) standards for THMs. MW must take action if
any sample at a Monitoring Point exceeds the regulated standards for THMs.
4 AESTHETIC PARAMETERS
4.1 GENERAL
4.1.2 If the trend for any aesthetic parameter is leading toward an exceedance of any
aesthetic standards and action limits, MW must consult with YVW and undertake
agreed actions.
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4.2 TURBIDITY
4.2.1 Of samples taken at any Monitoring Point, the 95%ile in any year must be less than
or equal to the standard in Part C for each source water
4.3.1 Of samples taken at any Monitoring Point in any year, the 95%ile in any year must
be less than or equal to the standards in Part C for each source water
4.3.2 Apparent colour is used for this standard rather than true colour because apparent
colour is a more direct indicator of what customers will observe of the water. It is
also a conservative measure being greater than the true colour. Melbourne Water
must test for true colour when values of apparent colour exceed 15 Pt/Co units.
4.4 pH
4.4.1 Of samples of water taken at any Monitoring Point in any year, the 5%ile and
95%ile data must lie within the standards in Part C.
4.5 IRON
4.5.1 Of samples of water taken at any Monitoring Point, , the 95% ile of samples of
water collected in any year must not be greater than 0.15 mg/L.
4.6 MA NGANESE
4.6.1 Of samples of water taken at any Monitoring Point, the 95% ile of samples of water
collected in any year must not be greater than 0.05 mg/L.
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4.7 A LUMINIUM (ACID SOLUBLE)
4.7.3 MW must take immediate action if aluminium (acid soluble) in any sample
exceeds:
b. 0.15 mg/L at any Monitoring Point supplied from a source that has not
been treated with an aluminium based chemical in the treatment process.
4.8 BORON
4.8.1 Of samples of water taken at any Monitoring Point, the maximum for any year
must not be greater than 1 mg/L.
4.9.1 Of samples of water taken at any Monitoring Point, the maximu m for any year
must not be greater than 140 mg/L.
4.10 BROMIDE
4.10.1 Of samples of water taken at any Monitoring Point, the maximum for any year
must not be greater than 0.1 mg/L.
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5 ADDITIONAL PARAMETERS
5.1 COLIFORMS
5.1.1 Melbourne Water must monitor coliforms at every Monitoring Point and take
immediate action upon:
a. any coliform detection at an Entry Point, or
b. any coliform detection >100 org/100ml or three coliform detections within a
four week period >10 org/100ml at a Water Quality Monitoring Point.
5.2 A LGAE
5.2.1 Melbourne Water must take action and notify YVW of any increase in algal
numbers that may impact on the quality of drinking water supplied, and
undertake agreed actions
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The following standards apply only to those Monitoring Points where the parameter is
monitored in accordance with the water quality monitoring program described in Clause
10.2
Boron a
All <1
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Yan Yean Entry Point (online) < 0.5 <5 < 0.10
Silvan/Sugarloaf/Greenvale Monitoring
<2 < 10 < 0.15
Points
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Healesville ECRESET1 22
Healesville EFROGET1 22
Silvan/Sugarloaf MEASTPRS 51
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Silvan/Sugarloaf/Greenvale RBRDMET1 7
Silvan/Sugarloaf/Greenvale RSMT1RT1 0
Silvan/Sugarloaf/Greenvale RSMT2RT1 0
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AMENDMENTS TO PART C
1 Jul 1999 EGEMBRK1 Removed - Supply to Gembrook is from Silvan via Johns Hill with the Gembrook Reservoir being replac ed
with a tank.
7 Dec 2001 EJOHNTEM EJOHNET1 Values for EJOHNTEM to apply, This is a new sampling point at the outlet of the new Johns Hill tank. Disinfection at the new
except Ct changed from 3 to 710. chloramination plant upstream of the tank began on 12 Feb 2002.
1 Jul 1999 ELUSPARK ELUSPDTP Values for ELUSPARK to apply This site is now located at the 30 min detention point from the chlorination point.
1 Jul 1999 EYANYDTP New site added Values for EMERPUMP to This is the “Entry Point” for the Yan Yean WTP supply. Changed turbidity standard reflects
apply, but with turbidity of 1.0 filtered supply.
NTU.
1 Aug 1999 EMERPUMP MMERPUMP - New entry point installed (see above) with the monitoring point at Mernda changing to a “M”
site. The source water to this location can come from either Yan Yean or Silvan Reservoirs and it
is not located at the entry to the distribution immediately downstream of primary disinfection.
1 Aug 1999 MMERPUMP - Value for MHR Annual Changed to the compliance requirements for this location.
Standard and Adjusted Pre 95
Standard for total coliforms
changed from 95% <1 to 90%
<10 and 95%<1 respect.
1 Aug 1999 MMERPUMP - Value for THM’s changed from This parameter is now monitored at EYANYDTP
150 to NM
1 Aug 1999 EWINSLRM Value for pH changed from 7.5 This parameter is measured prior to the addition of fluoride and is not indicative of the finished
to 8 water entering the distribution system, but rather the lime addition process. All other parameters
still apply.
1 Aug 1999 ESILWAV1 Duplicates removed - The duplicate site codes have been removed with the lowest value used for pH and turbidity
compliance requirement.
1 Aug 1999 MWDTKNEE Duplicates removed The duplicate site codes have been removed.
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DATE SITECODE CHANGED TO / PARAMETER REASON FOR CHANGE
REPLACED BY
MWPMRSCH
RMRNGET1
RMTCHET1
RMTCHET2
ROLNDET1
RPRESIT5
RPRESIT6
RSYR1ET1
1 Oct 1999 MEASTPRS New site added Values for ROLNDET1 micro New sampling location added to meet guideline sampling requirements
and phys-chem. to apply
1 Oct 1999 EYANYNPS MYYPSDTP Values for EYANYNPS micro to New location at the detention point for the secondary disinfection plant at Yan Yean.
apply
1 Oct 1999 RSMT1RT1 MSMRTDTP Values for RSMT2RT1 to apply New chlorination plant installed at Somerton with monitoring at the detention point after
RSMT2RT1 chlorination.
1 Jul 1999 RDNDGIT1 - All phys / chem values changed Correction of table as these parameters are not monitored at these locations with chemical
to NM characteristics being monitored at ECARHLMN.
RDNDGIT2
1 Jul 1999 RYGLNET1 Remove from table - Already exists in table as EYGLNET1
1 July 1999 - - THM heading in Table – change Correction of units to match the values reported in table
the units from mg/L to g/L
1 July 2000 RBRDMRT1 RBRDMET1 Values for RBRDMRT1 apply New tank installed with monitoring at the outlet main from the tank
1 Jul 1999 RPRESET1 - Value for THM’s changed from Correction of table as this parameter is monitored at this location
NM to 150
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DATE SITECODE CHANGED TO / PARAMETER REASON FOR CHANGE
REPLACED BY
30 Aug 2004 THM heading in Table – change Correction of units to match the reporting requirements for DHS and ESC
the units from g/L to mg/L
30 Aug 2004 All Value for THM changed from Correction of values to match the reporting requirements for DHS and ESC
“150” to “0.150”
30 Aug 2004 All Addition of a minimum pH The requirement of having a minimum pH level in the BWSA
value column
30 Aug 2004 - - Addition of chloroacetic acid Chloroacetic acids are proposed to be a compliance parameter in the draft new Safe Drinking
standards to the table Water Regulations (SDWR) and are added to BWSA to complement Retail Companies
compliance
30 Aug 2004 - - Addition of aluminium standard Aluminium is proposed to be a compliance parameter in the new Safe Drinking Water
to the table Regulations and is added to BWSA to complement Retail Companies compliance and show
compliance at Entry Points where aluminium salts are used for treatment.
30 Aug 2004 - - Ct requirement figure changed To comply with requirements of the ADWG as outlined in Part A above.
from 3 to 15
30 Aug 2004 - - Turbidity standards changed for New turbidity standards based on the 95 % UCL of the mean for the last three years with the
some sites worst performing year’s figure chosen
30 Aug 2004 - - Colour standards changed for New colour standards based on the 95 % UCL of the mean for the last three years with the worst
some sites performing year’s figure chosen
30 Aug 2004 All - Compliance for E.coli changed To reflect proposed requirements of new Drinking Water Regulations and performance over the
from 95% <1 to 99% <1 last three years.
30 Aug 2004 All - Total coliform compliance No longer a compliance parameter in the draft ADWG nor proposed in the draft SDWR and will
removed be retained as an operational parameter
30 May 2006 All Chloroacetic standard changed Revised standard after release of the Safe Drinking Water Regulations
from 0.15 to 0.12 mg/L
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DATE SITECODE CHANGED TO / PARAMETER REASON FOR CHANGE
REPLACED BY
30 May 2006 All Dichloroacetic standard changed Revised standard after release of the Safe Drinking Water Regulations
from 0.10 to 0.08 mg/L
30 May 2006 All Trichloroacetic standard Revised standard after release of the Safe Drinking Water Regulations
changed from 0.10 to 0.08 mg/L
01 Feb 2007 ECARHLMN - Aluminium standard changed These sites are not from sources where water is treated with aluminium-based chemicals
from 0.1 mg/L to 0.15 mg/L
EGVLKENY
ESILWAV1
ESILOLI1
ESILPRE1
ELEWSET1
EJOHNET1
01 Feb 2007 EWINSLRM Fluoride standards changed to The Fluoride addition now occurs at Winneke rather than Research and fluoride is monitored at
0.7 – 1.2 from NM this point
01 Feb 2007 EWINSLRM Value of maximum pH changed The value is changed to that previously measured at Research and represents the water after pH
from 7.9 to 7.7 correction and the addition of fluoride
5-Aug-2008 RBRNART1 All Sitecodes removed due to revised YVW zones and monitoring points
RDNDGIT1
RDNDGIT2
RWAN1RT1
RWAN2RT1
5-Aug-2008 All Zones supplied Modified zone numbers in table to reflect Schedule 2
RLLDLRT1 Site Removed Site Removed Site removed as a result of the transfer of assets between Melbourne Water and Yarra Valley
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DATE SITECODE CHANGED TO / PARAMETER REASON FOR CHANGE
REPLACED BY
Water
29-Apr-2009
RYRMBRT1 Site Removed Site Removed Site removed as a result of the transfer of assets between Melbourne Water and Yarra Valley
Water
29-Apr-2009
17-May-2016 ELEWSET1 RLEWSET1 Site renamed as water supplied to Lewis Hill tank receives primary treatment via the Silvan
Waverley TP. Sample site is therefore reflective of a storage reservoir.
17-May-2016 EMB1RT01 EMB2RT01 Monbulk tanks are in series. Monitoring at downstream tank outlet toprovide WQ relevant to
water entering supply.
17-May-2016 RPRESIT5 Site removed New program measures on reservoir outlets rather than inlets, unless site needed for zone water
quality. Indicative water quality measured at MWDTKNEE.
17-May-2016 RMTVWIT1 Sites removed New program measures on reservoir outlets rather than inlets, unless site needed for zone wat er
quality. Zone covered by RMTCHET1 and RMTCHET2.
17-May-2016 Replaced specific detail around requirements for primary disinfection with requirements to
comply with SDWR (2015) and risk management plan.
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DATE SITECODE CHANGED TO / PARAMETER REASON FOR CHANGE
REPLACED BY
17-May-2016 Removed fluoride dosing requirements as they are specified in Section 10 of the BWSA
17-May- Added a general section to the aesthetic parameters section that describes the general approach
20162016 to the limits
17-May-2016 Changed aesthetic limits to 95%ile (rather than 95% UCL of the mean) to be consistent with the
change in statistical calculation in the SDWR (2015)
17-May-2016 Added boron, TDS and bromide parameters due to potential for introduction of desalination
plant.
17-May-2016 Introduced two new summary tables with limits that vary for monitoring points and limits that
are fixed for all monitoring points
17-May-2016 Removed table with previous limits based on specific entry points and monitoring points.
17-May-2016 Revised colour and turbidity limits based on 95%ile data from 2012/13 -2014/15
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SCHEDULE 4
DIRECT CONNECTIONS
1. INTERPRETATION
(a) in relation to any part of a MW pipeline, the downstream flange of the first valve
on the offtake from that pipeline, to which a temporary trunk service is connected;
or
(i) the downstream flange of the first valve on the temporary trunk service
downstream of the exterior of the wall or embankment of the aqueduct; or
(ii) the aqueduct property boundary if there is no valve between the aqueduct
and that boundary; or
"temporary trunk service " means the pipe from MW's pipeline, aqueduct or other source
of water to YVW's meter assembly or, where no meter is fitted, the stop-tap near the
boundary of YVW's customer's premises, and any fixtures attached to that pipe .
2. APPLICATION OF SCHEDULE
This Schedule applies, in addition to the provisions of sub-clause 15.2, to all premises and
YVW customers referred to in paragraph 15.2(a).
(a) MW must take all reasonable action to maintain a rate of flow at each direct
connection point sufficient to provide an adequate supply to YVW's customer,
under normal operating conditions.
(b) Item (a) does not require MW to supply water of any particular volume, or at any
particular pressure.
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3.2 Water Quality Obligations
(a) Paragraph 10.1(a) applies to water supplied by MW under this Schedule only if the
parties have agreed that MW can meet the requirements of that paragraph without
incurring additional costs.
(b) Paragraph 10.1(a) does not apply to water supplied by MW under this Schedule if:
(i) although the water has been disinfected, MW would be required to incur
additional costs to meet the requirements of that paragraph; or
(ii) the water has not been disinfected, or is supplied from an open aqueduct or
open storage
MW must regularly inspect, and advise YVW in writing of any faults in, a temporary
trunk service supplying water from an aqueduct upstream of a direct connection point.
Before MW exercises its power under section 96 of the Melbourne and Metropolitan Board of
Works Act 1958 to enter the land of an YVW customer supplied under sub-clause 15.2 in an
emergency, MW must, wherever possible, inform both YVW and the customer.
(a) MW may terminate a supply of water to a direct connection point after giving
YVW 12 months' notice to YVW and YVW's customer of its intention to do so.
(b) If MW terminates a supply of water without complying with item (a), MW must
supply the relevant YVW customer with an alternative supply of water of
comparable pressure, volume and quality to the terminated supply:
(i) if no notice has been given before the supply is terminated, for 12 months
after the supply is terminated; or
(ii) if notice has been given, but the supply is terminated before 12 months has
expired, for the balance of that period.
(c) Item (a) only applies in respect of an existing customer if YVW's agreement with
the customer allows YVW to terminate the supply of water to the customer after
giving the customer 12 months' notice or less.
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3.8 Indemnities
(a) Subject to item (b), if MW fails to provide an alternative supply in accordance with
item 3.7(b), it must indemnify YVW and the relevant customer or consumer of
water (each an "indemnified person") against, and must pay the amount of, all
reasonable losses, liabilities and expenses incurred by the indemnified person
directly or indirectly resulting from any failure of MW to give notice in accordance
with item 3.7(b), except to the extent that the loss, liability or expense was incurred
through an act or omission of the indemnified person.
(b) Item (a) only applies in respect of an existing customer if YVW's agreement with
the customer allows YVW to terminate the supply of water to the customer after
giving the customer 12 months' notice or less.
(c) Subject to item (d), MW will indemnify YVW and the relevant customer or
consumer of water (each an "indemnified person") against, and must pay the
amount of one half of all reasonable losses, liabilities and expenses incurred by the
indemnified person directly or indirectly resulting from the quality of water
supplied by MW at a direct connection point, except to the extent that the loss,
liability or expense was incurred through the act or omission of the indemnified
person.
(i) YVW has entered into an agreement with the relevant customer containing
terms of comparable effect to the terms set out in Part B; and
(ii) YVW has included in every bill sent to the relevant customer a reminder
that the quality and supply of water supplied is subject to the terms of the
agreement referred to in item (i); and
(iii) YVW has complied with paragraph 15.2(f) in respect of the relevant
customer and premises.
(e) Whenever YVW has failed to comply with any requirement of paragraph (d) YVW
will indemnify MW and the relevant customer or consumer of water (each an
"indemnified person") against, and must pay the amount of one half of all
reasonable losses, liabilities and expenses incurred by the indemnified person
directly or indirectly resulting from the quality of water supplied by MW at a
direct connection point, except to the extent that the loss, liability or expense was
incurred through the act or omission of the indemnified person.
Whenever YVW discovers that the ownership of any premises referred to in item 2 has
changed, YVW must enter into an agreement with the new owner of the premises
containing terms of comparable effect to the terms set out in Part B.
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4.2 To require customers to repair
Whenever MW notifies YVW of a fault in a temporary trunk service under item 3.4, YVW
must require the relevant customer to repair the fault.
YVW may operate the first valve at or adjacent to a direct connection point:
(b) in an emergency, but must advise MW that it has done so as soon as reasonably
possible after operating the valve.
If, for any reason, YVW has failed to install or read a meter in accordance with paragraph
15.2(h), or a meter is out of service or registering incorrectly for any part of a billing
period, YVW must:
(a) estimate the volume of water supplied to the relevant customer in one of the ways
prescribed by Regulation 317 of the Water Industry Regulations 1995; and
(b) include that estimate in the next report given by YVW to MW under paragraph
15.2(j)(i).
YVW must notify MW within 3 months after the supply to any premises referred to in
item 2 is disconnected.
(a) Whenever YVW receives a notice from MW under item 3.8(a), YVW must
disconnect the relevant temporary trunk service at the direct connection point
before the expiration of 12 months after the date of the notice.
(b) MW may, by written notice to YVW, require YVW to disconnect a temporary trunk
service connected at a direct connection point whenever MW reasonably considers
that the direct connection point or related works have caused damage to MW's
water supply works.
(c) YVW must promptly comply with any notice given under item (b).
YVW must manage all necessary contacts with relevant customers with respect to
interruptions of supply referred to in Part B, item 2.
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5. CHARGES
On receiving a report from YVW under paragraph 15.2(j)(i), MW must invoice YVW for
such amount of the total volume of water set out in that report as has not been, or will not
be, included in an invoice given under clause 22, at the usage charge from time to time set
out in Schedule 5.
YVW must pay the full amount of any invoice given in accordance with item 5.1 within 7
days of receiving the invoice.
Sub-clause 23.4applies to any amount not paid in accordance with item 5.2.
Paragraphs 23.5(a), (d) and (e) apply to any dispute about an invoice given under item 5.2.
Sub-clause 23.6 applies to any amount payable under items 5.2 or 5.3.
1. SUPPLY OF WATER
(a) YVW will endeavour to ensure that MW takes all reasonable action to maintain a
rate of flow at the direct connection point to provide an adequate supply to the
Customer under normal operating conditions.
(iii) continuously.
[Insert the following clause in a customer's agreement whenever item 3.2(b) of Part A applies to the
supply]
(ii) is not either fit for the purpose of, or of a quality suitable for, human
consumption (including for drinking or for handling or preparing food).
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2. INTERRUPTIONS TO SUPPLY
(a) The supply of water under this agreement may be altered or interrupted from time
to time.
(i) YVW must promptly notify the Customer upon receiving notice from MW
of its intention to alter or interrupt the supply; and
(ii) MW will restore the supply at the direct connection point as soon as
practicable.
3. MAINTENANCE OBLIGATIONS
(b) All maintenance work required under paragraph (a) must be undertaken by a
registered plumber.
(b) The Customer must obtain the written consent of MW before carrying out any
maintenance under this clause on land belonging to MW.
(d) YVW may, by written notice to the Customer, require the Customer to repair, or
carry out maintenance on, any works referred to in paragraph (a), within the time
specified in the notice or any longer time allowed by YVW.
(e) If the Customer does not comply with the notice given under paragraph (d) within
the time specified in the notice, or any longer time allowed by YVW, YVW may
carry out the required repairs and recover its reasonable costs from the Customer.
4. TERMINATION OF SUPPLY
(a) YVW may terminate this agreement and any supply of water pursuant to this
agreement:
(i) at any time, if MW gives YVW notice that MW considers that the direct
connection point or related works have caused damage to MW's water
supply works; or
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(ii) at or near the expiration of a period of 12 months' notice given to the
Customer by YVW of MW's intention to terminate the supply of water to
the direct connection point.
(ii) before the expiration of the period of any notice given under sub-paragraph
(a)(ii).
(c) If MW terminates the supply of water in the manner described in paragraph (b),
MW has agreed with YVW that MW will supply the customer with an alterative
supply of water of comparable pressure, volume and quality to the terminated
supply:
(i) if no notice has been given before the supply is terminated, for 12 months
after the supply is terminated; or
(ii) if notice has been given, but the supply is terminated before 12 months has
expired, for the balance of that period.
5. ACKNOWLEDGMENTS BY CUSTOMER
(a) a supply of water will only be available at the direct connection point when there
is water available at sufficient pressure to provide a supply; and
(b) a supply of water may not be available during peak demand periods or periods of
restriction; and
(c) if the Customer requires a continuous supply of water, the Customer must provide
a storage on the Customer's premises of sufficient capacity to ensure a continuous
supply for the Customer's requirements;
(d) neither YVW nor MW has made any representation to the Customer in relation to
the volume, pressure, quality or continuity of any water supplied under this
agreement; and
(e) the Customer has not relied on any such representation in entering to this
agreement and will not rely on any such representation during the course of this
agreement.
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SCHEDULE 5
CHARGES
The Bulk Water Charges as set out in the Melbourne Metropolitan Water, Wastewater and
Drainage Services Pricing Order that is in effect from time to time.
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SCHEDULE 6
V=I– D
Where:
I is the sum of the metered inflows for that period at each Billing Point described in Table
A.
D is the sum of the metered outflows for that period at each Billing Period described in
Table B.
2. For the purpose of item 1, metered inflows and metered outflows are determined
by reference to readings from each Billing Meter which are recorded by MW’s
SCADA System.
3. For one billing period in every three months the Volume calculated under item 1 will
include the total volume of water supplied through meters in the preceding three months
at:
(b) the inlet to the Silvan Inlet channel from the Seville Reservoir (outflow).
4. Despite item 3(b), in any period when the Silvan Inlet Channel is supplied from the Seville
Reservoir, MW:
(a) may include an estimate of the volume so supplied in the preceding week in each
invoice given under sub-paragraph 22.1(a)(ii); and, if so
(b) must make a corresponding adjustment to allow for every such estimate, when
making an adjustment under item 3(b).
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TABLE A
METERED INFLOWS
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TABLE B
METERED OUTFLOWS
Outflows
FE270 WG270.A1 Silvan – Waverley Main No. 1 d/s
faulds
FE271 WG270.A2 Silvan – Waverley Main No 2 d/s
faulds
FE3086F (South Flow) WG3086.A1 Greenvale - St Albans (South Flow)
FE5016R or FE98R WQS2.A20 or WQS2.A19* Yan Yean Inflow
FE62R WQD8.A44 Greenvale Reservoir 1350mm Outflow
Reversed
FE358 WG358.A1 Greenvale Reservoir Inlet
FE321R WR17.A11 Waverley Reservoir - Notting Hill
Bulk meter to be read every Seville to Silvan Inlet Channel
3 months
FE3049 WG3049.A1 Princes Hwy at Springvale Road
FE3050 WG3050.A1 Police Road at Wanda Street
FE3051F WG3051.A1 Police Road at Hansworth Street
FE3052 WG3052.A1 Jacksons Road at Police Road
FE3053 WG3053.A1 Police Road at Baron Court
FE418R WG129.A2 Mt View to Cardinia Sub Zone
FE3057 WG3057.A1 Colchester Rd at Dandenong Ck
FE410 WG410.A1 Huntingdale Road PRV
FE411 WG411.A1 Macrina Street PRV
FE3046 WG3046.A1 North Rd east of Clayton Road and
PRV WB55
FE3027 WG3027.A1 Melrose Dr at Springbank Rd
FE3028 WG3028.A1 Melrose Dr at Trade Park Dr
FE3029F (South Flow) WG3029.A1 Melrose Dr at Catherine Cr
FE3030F (South Flow) WG3030.A1 Mickleham Rd at Melrose Dr
FE3031F (South Flow) WG3031.A1 Coventry St at Mascoma St
FE3032F (West Flow) WG3032.A1 Reynard St at Moonee Ponds Ck
FE3041 WG3041.A1 Bridge Rd at Yarra River
FE3042 WG3042.A1 Toorak Rd at Kooyong Rd
FE3043 WG3043.A1 Malvern Rd at Kooyong Rd
FE3044F (South Flow) WG3044.A1 Dandenong Rd at Glenferrie Rd
FE3045 WG3045.A1 Dandenong Rd at Warrigal Rd
FE3047 WG3047.A1 North Rd at Princess Hwy
FE3048 WG3048.A1 Princess Hwy at McNaughton Rd
FE3058F (West Flow) WG3058.A1 Western Transfer Main – Sharpes Rd
east of Broadmeadows Rd
FE3062 WG3062.A1 Gaffney St at Moonee Ponds Ck
FE3081 WG3081.A1 Inkerman Rd at Park Cres
FE3082 WG3082.A1 Queens Ave at Princess Hwy
FE3033 WG3033.A1 Park St at Fleming St
FE3034F (South Flow) WG3034.A1 Park St at The Avenue
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FE3035F (South Flow) WG3035.A1 Royal Pde 200m south of Park St
FE3036F (South Flow) WG3036.A1 Park St at Bowen Crescent
FE3038F (West Flow) WG3038.A1 Heidelberg Rd at Merri Creek
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Adjustments
LE33 WR33.A1 Change in Morang Zone Storage
LE 21& LE22 WR21.A1, WR22.A1 Change in Preston Zone Storage
LE10, LE19, LE25, LE26 WR10.A7, WR19.A1, Change in Mitcham Zone Storage
WR25.A5, WR26.A2
LE15, LE16 WR15.A2, WR16.A2 Change in Waverley Zone Storage
LE67 WR67.A1 Change in Yuroke Storage
WXYVW Waste by Melbourne Water within
Yarra
Valley Water.
* WQS2.A19 - Only to be used if Yan Yean inflow by-passes the Yan Yean Water Treatment Plant.
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SCHEDULE 7
(a) MW must:
(i) m anage all public health and environmental risks associated with
p roviding the Water Supply Services in accordance with AS/NZ ISO
3 1000; and
(i) have procedures and systems for m anaging any risk that water
harvested, stored, transported or treated by MW under th is agreement
m ay cause either party not to comply with either:
2. RISK ASSESSMENT
36.12 2 .1 MW Risks
MW must assess all relevant risks associated with p roviding the Water Supply Services
a rising in all parts of MW’s wa ter supply system by employing methods comparable to
a Hazard Analysis and Critical Control Point evaluation.
Y VW must assess all relevant risks arising in YVW's water supply system from an
I nterface Point to the point at wh ich water is supplied to customers, by employing
m ethods re ferred to in item 2 .1.
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To ensure that any risk to the quality of drinking water is effectively managed in the
wa ter supply system of both parties, each party must co -operate with the other to
ensure that:
(b) the plans and activities of each of them to m anage all risks,
(a) MW must effectively manage the risks re ferred to in items 2.1 and 2 .2 through
its Quality Management System for Drinking Water Quality.
(b) MW's Quality Management System for Drinking Water Quality m ust also set out
p ractices, procedures and ru les to be followed by MW, with respect to:
(iii) ensuring the accuracy and reliability of m onitoring and measuring water
q uality;
(iv) m aintaining the transfer network including cleaning of water m ains and
tanks;
(viii) te sting water for m icrobiological and other indicators of water quality;
(ix) re porting the results of water quality monitoring against guidelines and
standards agreed b y the parties;
(xi) wa ter quality, as set out in the Co-ordinated Crisis Management Plan
re ferred to in paragraph 14.2(b);
(xii) m onitoring and reporting on p ressures and flows, as they affect wa ter
q uality;
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(a) MW may, from time to time, audit MW's compliance with its Quality Management
System for Drinking Water Quality
(b)(a) MW must promptly give YVW a management summary report of any audit Formatted: Bullets and Numbering
referred to in paragraph (a).
(c)(b) The parties must, at intervals of not more than two years, commission an
independent audit of MW's compliance with MW's Quality Management System
for Drinking Water Quality.
(i) agree on the terms of reference for and the person to undertake, an audit
under paragraph (c); and
(e)(d) MW must co-operate with, and give all reasonable assistance to, an independent Formatted: Bullets and Numbering
auditor appointed under paragraph (c).
(f)(e) MW must, within 60 days of receiving the auditor's report, determine whether to
accept any or all of the findings and recommendations in the report and when and
how it will act on those findings or implement those recommendations.
(g)(f) MW must:
(i) as soon as practicable and within 60 days of receiving the auditor's report,
report to YVW on each matter determined under paragraph (f); and
(a) MW may, from time to time, after consulting YVW, alter its Quality Management
System for Drinking Water Quality to improve the method of managing, or reduce
the cost to the community of managing, risks associated with the management of
water quality from the harvesting process to the asset interface Point.
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(b) The parties must review, and, if appropriate, amend MW's Quality Management
System for Drinking Water Quality in accordance with this clause.
(c) Within 24 months after the commencement of this agreement the parties must
jointly review MW's Quality Management System for Drinking Water Quality to
ensure that the risk assessment procedures referred to in item 2.1 are properly
included in that System.
(i) conduct a review at intervals of not more than two years; and
(B) a team with members nominated by each party and each other
Licensee,
(e) Unless the parties agree otherwise, terms of reference referred to in sub-paragraph
(d)(ii) must require the reviewer to:
(i) review MW's assessment of all relevant risks associated with the
production of safe water from the catchment to Asset Interface Point, by
employing methods comparable to a Hazard Analysis Critical Control
point evaluation; and
(ii) review the extent to which MW has identified critical control points within
the meaning of the evaluation method referred to in sub-paragraph (i); and
(iv) the method for ranking relevant risks to be applied by MW; and
(v) recommend such changes to MW's Quality Management System for Water
Quality as the auditor considers appropriate; and
(vi) examine and report upon such other matters as the parties determine; and
(g) Each party must co-operate with, and give all reasonable assistance to, an
independent reviewer or review team appointed under sub-paragraph (c)(ii).
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(h) MW must, within 60 days of receiving the report of a review, determine whether to
accept any or all of the findings and recommendations in the report and when and
how it will act on those findings or implement those recommendations.
(i) MW must:
(i) as soon as practicable and within 60 days of receiving the reviewer's report,
report to YVW on each matter determined under paragraph (g); and
6. DOCUMENTS
MW must promptly give YVW a copy of its Water Quality Management System for
Drinking Water Quality when it has been prepared and thereafter whenever it is
amended.
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SCHEDULE 8 PROTOCOLS
1. Principles
Melbourne Water is responsible for the Disinfection of bulk water supplied to the retail
water companies.
As the operator of all Primary Disinfection Plants and some Secondary Disinfection
Plants, Melbourne Water is required to adjust disinfection setpoints from time to time.
The Bulk Water Supply Agreement (BWSA 1999) sets out Melbourne Water’s obligations
relating to Primary Disinfection setpoint changes. Melbourne Water acknowledges that
any changes to disinfection setpoints whether they be Primary or Secondary p lants can
potentially impact on Yarra Valley Water’s customers and compliance with Yarra Valley
Water’s licence requirements.
Melbourne Water and Yarra Valley Water also acknowledge that there is a need to
optimise setpoints to achieve a balance between customer satisfaction and
microbiological compliance. The primary considerations in changing setpoints will be the
health of retail water company customers and maintaining compliance with operating
licence requirements and water quality guidelines.
2. Purpose
The purpose of this protocol is to clarify notification procedures for disinfection setpoint
changes in consideration of the above and to achieve a consistent approach across the
Melbourne Water system.
In accordance with Clause 10.1 (b) of the BWSA 1999, Melbourne Water will not drop
below the following minimum setpoints without prior written consent from Yarra Valley
Water’s Operating Representative. Current setpoints are shown in the monthly customer
report.
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Silvan Waverley 1.00
Silvan Olinda 1.00
Silvan Preston 1.00
Monbulk (chloramination) 1.10
Greenvale St. Albans 0.80
Yarra Junction 0.40
Lusatia Park 0.50
Martyr Rd. 0.40
Silvan Seville (chloramination) 1.20
Kallista (chloramination) 1.20
Cardinia 1700 main 0.65
Creswell 1.60
Frogley 1.10
Yarra Glen 1.80
No notification required.
Disinfection Setpoints which will be increased or decreased from time to time by
Melbourne Water without notification to Yarra Valley Water in endeavouring to
achieve a target chlorine residual at the entry point to Yarra Valley Water’s system.
Target Residual
Creswell 0.60
Frogley 0.60
Yarra Glen 0.60
Yan Yean Pumping Station (Secondary Disinfection) 0.70
Silvan Olinda
Monbulk (chloramination)
Yarra Junction
Lusatia Park
Martyr Rd.
Silvan Seville (chloramination)
Kallista (chloramination)
Somerton (Secondary Disinfection)
Notification and approval from Yarra Valley Water and other affected Retailers.
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Disinfection Setpoints which will be increased or decreased from time to time by
Melbourne Water only after a notification of works form has been forwarded and
countersigned by all affected retail water companies. The requesting retail water
company or Melbourne Water shall indicate on the notification of works form the
proposed duration of the new setpoint. In addition, the requesting (or countersigning)
retail water company shall state the basis on which the requ ested change (or
countersignature) to set point is made, in terms of its health related, operating licence
or drinking water quality guideline requirements or targets. In each case the health of
retail water company customers will be the primary consideration (followed by
maintaining compliance with operating licence requirements and water quality
guidelines) in changing the setpoint. In the event that a countersigned notification of
works form is not returned to Melbourne Water within 3 working days of having been
received and acknowledged by the retail water company, it will be assumed that the
retail water company agrees with the intent of the notification of works form unless
they advise otherwise.
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8.2 Protocol for Installing, Maintaining, Operating, Reading and Testing Bulk
Water Billing meters between Yarra Valley Water and Melbourne Water
1. Principles
Melbourne Water Corporation (MWC) is responsible for the measurement of Bulk Water
supplied to Yarra Valley Water Limited (YVW) and is the owner and manager of all Bulk
Water Billing meters.
The Bulk Water Supply Agreement (BWSA 1999) sets out MWC's obligations relating to
Bulk Water Billing meters. Under Clause 24.6, MWC and YVW must adopt and
implement a protocol for installing, maintaining, operating, reading and testing of Billing
meters.
The parties acknowledge the high degree of importance of accurately measuring the
volume of bulk water and that there is a transparent and auditable management system
for the billing meters.
2. Purpose
The purpose of this protocol is to outline the objectives and key elements of MWC's
management system for bulk water billing meters to ensure a high degree of accuracy
associated with the bulk water volumes purchased by YVW.
3. Installation.
The location of new billing meters will be agreed between the Principal Representatives.
- For pipe diameters 750mm and above, meters will be dual track transit time
ultrasonics installed under dry main conditions.
- For pipe diameters 600mm and below, meters will be full bore electromagnetic
meters.
New billing meters are to have a minimum clearance of 10 pipe diameters upstream and
5 pipe diameters downstream.
As constructed drawings of the new meters and associated works will be forwarded to
YVW at the completion of the installation project.
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New billing meters will be included in the Formulae for Determining Water Supplied to
YVW (Ref. Schedule 6 BWSA 1999) from a date agreed between the Principal
Representatives, in a variation to the BWSA 1999.
Information relating to all Billing meters will be included in MWC's asset management
database (Hansen).
Meters will be self diagnostic with respect to electronic malfunctions. Any drift outside
the manufacturers tolerances will be detectable on routine checking of the m eter.
4. Routine Checks
Billing meters will be managed under MWC's Asset Management System (Hansen).
Checking and maintenance will be carried out by MWC. Work procedures relating to
billing meters will be documented and auditable and all equipment used to check the
billing meters shall be tested by equipment with a traceability certificate to a NATA
certified laboratory. The following checks will be undertaken as part of a routine
program:
- Electronic Calibration/Simulation
The electronic signal from the billing meter will undergo routine checks (termed
electronic calibration/simulations). An auditable record of each check will be kept
by MWC and provided on request to YVW. Routine calibration/simulations will
be undertaken at the following frequencies:
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difference outside of a + 1% tolerance it shall be reported separately in the monthly
Customer Report.
- Volumetric/Velocity Checks
MWC, in conjunction with YVW, will identify and trial viable volumetric/velocity
test methods where appropriate. Where a conclusive, sufficiently accurate and
viable volumetric/velocity test method has been established, MWC will include
this method in its Asset Management Plan for Bulk Water Metering.
Where the electronic output of a billing meter is outside a + 1% tolerance, the electronic
signal will be calibrated by MWC.
Where a meter is faulty a works order will be immediately issued with the following
priority:
MWC will endeavour to have a billing meter repaired within 7 days of the error being
detected.
Faults which cannot be rectified by MWC', will be referred to the meter manufacturer for
advice on further testing, re-calibration or replacement. Where a fault investigation report
indicates that repairs are to take longer than 7 days, MWC will discuss the proposed
method of estimating the volumes with YVW and agree on interim arrangements.
7. Reading Measurements.
Measurements from each Billing Meter will be read remotely and recorded within
MWC's SCADA system.
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Daily volumes will be calculated in accordance with MWC's Asset Management Plan for
Bulk Water Metering and forwarded daily to YVW as provisional totals
Weekly volumes for calculating YVW's usage charge will be calculated in accordance
with MWC's Asset Management Plan for Bulk Water Metering.
MWC will undertake a review of its current methods of meter reading and
telemetry systems in order to determine and implement the most appropriate use
of the on-site totaliser values in the billing process.
8. Auditing
Melbourne Water will carry out an annual internal audit, using the principles of ISO9001,
to ensure compliance with this protocol.
8.3 Protocol for responding to high turbidity from Upper Yarra Reservoir supplying
the Yarra Valley Townships.
1. Principles
With respect to the Upper Yarra Valley townships (i.e. those supplied from the Brahmas
Rd, Lyrebird Ave, Martyr Rd, Yarra Junction, and Lusatia Park offtakes) the turbidity is
normally about 2 NTU and Schedule 3 of the BWSA stipulates that MWC must take
immediate action if the turbidity exceeds 3.5 NTU.
2. Purpose
The purpose of this protocol is to ensure that an alternative supply from Silvan Reservoir
is available to the Yarra Valley townships to maintain safe and aesthetically acceptable
drinking water as required.
3. Background.
Following a major storm event in June 2007, the turbidity of the water released from the
Upper Yarra Reservoir rose to unprecedented levels. Due to concerns about the
effectiveness of the processes used at the five small disinfection plants serving the Yarra
Valley townships, as a precautionary measure ‘Boil Water’ notices were issued from the
16 July 2007 and these remained in force until lifted on 14 August 2007.
In order to prevent ‘Boil Water’ notices in the future, MWC installed filtration plants at
the five offtakes to the townships. The purpose of these plants was to lower the turbidity
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of the incoming water during these events so that adequate disinfection by the primary
treatment plants could be maintained.
Subsequent to the filtration plants being constructed, MWC has prepared a means of
alternative supply from Silvan Reservoir to the townships via the Yarra Valley Conduit
(YVC). The alternative supply involves pumping water from Silvan Reservoir into the
surge tank at the Silvan inlet mini-hydro site. This surge tank provides a controlled
pressure of supply into the YVC. Further pumping is required along the YVC to deliver
water from Warburton to East Warburton.
The alternative supply from Silvan means that the filtration plants are no longer required
for the Yarra Valley Townships and these have been removed from service.
Note that the O’Shannassy Reservoir source can also be used to supply the YVC but this
would be limited by the variation in water quality from this source.
MWC will consult immediately with YVW to determine whether to implement the
alternative supply to the Yarra Valley Townships when:
a) The water supplied to the townships from the Yarra Valley Conduit exceeds the
BWSA action limit of 3.5 NTU for more than 24 hours as measured at the Yarra
Junction Offtake; or
b) MWC has identified a perceived risk from a pathogen contamination of the Upper
Yarra Reservoir; or
c) MWC has identified a pending dramatic change in the aesthetic quality of water
in the Upper Yarra Dam due to the poor quality of storage inflows associated with
a high rainfall event in the catchment; or
MWC will ensure that it can implement the alternative supply from Silvan Reservoir
within a time period of 2 days. (This is well within the travel time of water from Upper
Yarra Reservoir to the first offtake at Brahams Road, East Warburton when the YVC is
reduced to low flow).
When the alternative supply from Silvan Reservoir and/or O’Shannassy Reservoir has
been implemented to manage a water quality event, MWC will reinstate supply from the
Upper Yarra Reservoir:
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a) Upon demonstrating that turbidity has been at a maximum of 3.0 NTU for a
period of 7 days, at the respective off takes from the Yarra Valley Conduit; or
b) The perceived risks to the possible deterioration of water quality has passed; or
8.4 Protocol for Joint Management of Leaks in the water supply pipeline system
5. Background
Yarra Valley Water and Melbourne Water have developed this protocol to clarify principles by
which the companies would respond to water leaks in cases where it is initially uncertain whose
asset is responsible for the leak. The need for this protocol is acknowledged following leaks on
both Melbourne Water and Yarra Valley Water assets being notified to and investigated by each
other.
6. Purpose
The purpose of this protocol is to clarify the procedures for locating and repairing leaks on either
company’s pipeline assets, to achieve a consistent and lowest cost approach to pipeline repair
across the Melbourne Water system.
7. Principles
For cases where the source of the leakage, and the owner of the asset cannot be easily identified,
the following principles will be applied:
1) Where the matter is deemed by the notified Company to be urgent (eg causing major damage,
significant loss of water or adverse public attention) the notified Company shall immediately
commence investigation with an objective of prompt repair.
2) Where the matter is not urgent there is to be joint agreement on who undertakes the
investigation to identify the source of the leak.
3) Where agreement cannot be reached on the most likely owner of the leaking asset, the first
notified company shall undertake investigations to identify the leaking asset.
4) Once the owner of the leaking asset is identified the owner shall be promptly informed and
arrangements made for smooth hand over of the site to the owner or owners representative
5) The Company responsible for the leaking asset shall be responsible for all costs associated
with the leak. This includes but is not limited to damages, investigation and repair costs.
6) Once the owner of the asset is identified claims for the costs of wasted water will be
backdated to the date the leak was first notified.
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1.1 The following words have these meanings in this schedule 9, unless the contrary
intention appears:
A3 Availability Charge is $135.39 per day, subject to clauses 4.2 and 4.4.
Additional Dosing Facilities means the plant and equipment described in attachment A to this
schedule 9.
(a) on the Whittlesea pipeline 5 metres upstream of the lime injection point, marked
“ A” on the diagram in Attachment D (“ Upstream Interface Point”) ; and
Agreement means the Bulk Water Supply Agreement entered into between MW Corporation
and Yarra Valley Water Ltded 26 July 1999.
Carbon Dioxide Charge is the actual cost of carbon dioxide used by Yan Yean Water in
relation to the Additional Dosing Facilities for any given period plus 5%.
Management Fee means an amount equal to $12,000 per annum, subject to clause 8.
Outstanding Capital Liabilities means, at any point in time, the amount set out in Attachment
C as applicable to the termination date, or the next date listed in the attachment immediately
following the termination date, as the case may be.
Production Day means a 24 hour period from 8.00 am during which the Plant is supplying
treated water in accordance with the Water T reatment Agreement.
Specification means the specifications for pH and alkalinity set out in attachment B to this
schedule 9.
Usage Charge is $11.32 per ML passing through the Upstream Interface Point, subject to
clause 4.4.
Variation Agreement means the agreement to vary the Water T reatment Agreement executed
by MW and Yan Yean Water on 16 July 2002.
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Water Treatment Agreement means the agreement of that name entered into by MW
and Yan Yean Water dated 25 February 1993 and varied by the variation Agreement
executed between the said parties and dated 16 July 2002.
Whittlesea Pumping Station means the pumping station and associated pipework
located at the reservoir at Yan Yean.
Yan Yean Water means Yan Yean Water Pty Ltd (ACN 055 222 770).
1.2 Terms used in this schedule 9 and which are defined in the Agreement will
have the same meaning as in the Agreement.
2 Water Quality
2.1 Subject to paragraph 2.2 of this schedule 9, water supplied to YVW under
the Agreement and which passes through the Additional Dosing Interface
Points will meet the Specification.
3 Management Fee
(b) within 7 days after the receipt by YVW of an invoice issued by MW for
such a quarterly payment.
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4.2 If, for any Production Day, Yan Yean Water fails to make the Additional
Dosing Facilities available or operational other than as a result of:
4.3 The volume of water passing through the Upstream Interface Point will be
recorded by the flow meter with the identification number FE3083. In the
event that this flow meter is identified, to MW’s reasonable satisfaction, as
inaccurate or inoperable YVW agrees to pay the Usage Charge based on the
estimated volume of water passing through the upstream interface point,
such estimated volume being reasonable and able to be substantiated from
previous recordings and readings.
4.4 The A3 Availability Charge and the Usage Charge will be adjusted in
accordance with Attachment E to this Schedule 9.
4.5 MW will provide YVW with a weekly invoice setting out the payment due
under paragraph 4.1 of this schedule and copies of any relevant statements
received by MW from Yan Yean Water.
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4.7 For outstanding accounts not paid within the period specified in paragraph
4.6 of this schedule 9, the following will apply:
4.9 Within 5 days of receipt of the invoice referred to in paragraph 4.5 of this
schedule 9, YVW must notify MW of any matters contained in the invoice
which it disputes and details of the adjustments it proposes. If MW agrees
to the adjustments, MW will submit to YVW a revised invoice and YVW
will pay MW the agreed amount within 7 days of receipt of the revised
invoice.
4.10 If YVW disputes an amount and ultimately is required to pay the amount or
a part of it, YVW will pay interest on the amount paid at the rate specified
in paragraph 4.7(a) of this schedule 9 for the period from the date 7 days
after the obligation to pay arose until the disputed amount is settled in full.
5. Set Points
5.1 YVW may issue MW with any reasonable written direction in relation to the
set points to be administered in relation to the chemical dosing systems
associated with the Additional Dosing Facilities.
5.2 Upon receipt of a written direction under paragraph 5.1 of this schedule 9,
MW must issue an identical direction to Yan Yean Water.
6. Performance Monitoring
6.1 MW must use its reasonable endeavours to procure that the performance of
the Additional Dosing Facilities will be monitored by Yan Yean Water in
accordance with Attachment B and the results of all monitoring will be
supplied to YVW by MW.
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(a) larger sized dosing and control equipment;
(b) larger storage vehicles and extension to the complete base for such
storage vessels;
7.2 YVW shall bear the costs of such works only if such works are undertaken
at the request of YVW.
7.3 YVW shall not bear the risk arising from any and all such works howsoever
arising, including the risk damage to or loss of existing plant and
equipment and third party property.
8. GST
8.2 If the imposition of a GST or any subsequent change in the GST law is
accompanied by or undertaken in connection with a reduction in or
abolition of any then existing taxes (other than income tax) the prices
(excluding any GST) payable by YVW will be reduced by the same
proportion as the actual total cost of the processor are reduced as a
consequence of a reduction in or abolition of taxes, either directly by way of
a reduction in or abolition of taxes paid or payable by MW to its third party
suppliers or to any government, or indirectly by way of reduction in the
prices (excluding any GST) charge by third party suppliers to MW.
8.3 The parties agree that the A3 Availability Charge, Usage Charge and
Carbon Dioxide Charge may be adjusted by MW to reflect any increase in
the equivalent charges payable by MW to Yan Yean Water under the Water
Treatment Agreement.
9. Reporting
9.1 MW agrees to provide YVW with any reports provided to MW by Yan Yean
Water relating to the performance of the Additional Dosing Facilities in
relation to this schedule.
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10. Term and termination
10.1 The obligations and rights under this schedule 9 will commence on and
from the Commissioning Date and shall continue, unless terminated earlier
in accordance with the terms of this schedule, for the term of the Water
Treatment Agreement until 2 February 2020.
10.2 Subject to paragraph 2.3 the operation of this schedule 9 may be terminated
by YVW at any time upon three month’s prior notice in writing to MW
upon the occurrence of any of the following events:
(a) a change in the quality of raw water that obviates the need for
alkalinity adjustment at Whittlesea Pumping Station;
(b) the provision of alkalinity adjustment to all output from the Plant,
rather than just that output passing through the Whittlesea Pumping
Station;
10.3 The operation of this schedule 9 may be terminated by YVW at any time
upon three month’s prior notice in writing to MW subject to paragraph 10.6.
10.4 The operation of this schedule 9 will terminate upon the termination of the
Water Treatment Agreement.
10.5 MW agrees to act in good faith and to consider the interests of YVW prior to
taking any action to terminate the Water Treatment Agreement. MW shall
consult with YVW prior to any proposed termination of the Water
Treatment Agreement. The parties acknowledge that any decision to
terminate the Water Treatment Agreement remains solely in the discretion
of MW, provided that such termination is provided for under the Water
Treatment Agreement; and
(a) is not a termination for the convenience of MW, unless with the
consent of YVW:
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10.6 Upon the operation of this schedule 9 being terminated, provided that such
termination is not made pursuant to paragraphs 2.3, 10.2(e), 10.5(a) or
10.5(b) or otherwise due to the default or negligence of MW or Yan Yean
Water, YVW agrees to pay to MW any amounts relating to the Additional
Dosing Facilities which MW is liable to pay to Yan Yean Water under the
Water Treatment Agreement, including:
(a) any amounts outstanding under any invoice issued th the Water
Treatment Agreement by MW;
(c) all reasonable costs associated with the removal of the Ad ditional
Dosing Facilities;
(e) all other reasonable direct costs incurred by Yan Yean as a result
schedule 9 being terminated or the termination by MW of the
Variation Agreement.
11.1 MW acknowledges it has neither given YVW a copy of the Water T reatment
Agreement nor afforded YVW an opportunity to sight the Water T reatment
Agreement. MW represents and warrants to YVW that there is nothing contained
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in the Water T reatment Agreement that imposes any potential liability or
obligation upon YVW. YVW agrees to the terms of this schedule 9 relying on
this representation.
11.2 MW acknowledges that YVW have not had any actual or constructive notice of
the terms of the Water T reatment Agreement.
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The function of the Additional Dosing Facility is, by the addition of lime
and carbon dioxide, to increase the alkalinity of the water entering the
Whittlesea supply zone from the Plant.
As the zone is supplied both from the Plant and by water from other
sources when the Plant is “off-line”, the Additional Dosing Facilities will be
capable of dosing all water entering the Whittlesea pipeline.
Carbon dioxide gas will be stored as a liquid under pressure at 1400 kPa.
The dosing plant will vaporize the liquid carbon dioxide gas through a bath
heater and regulate the gas flow rate under pressure through an actuated
control valve. Gas pressure will be mixed with water in the carry water line
at sufficient water pressure to inject the gas / water mixture into the
Whittlesea pipeline.
The gas dosing system and pipework will be sized to accurately deliver
over a range of at least 20:1 for dose and 10:1 for flow. The gas flow control
valve must be capable of metering flows in the range 1.0 to 20 kg/hr and be
able to modulate accurately and reliably in that range.
The carry water injection pressure will be maintained by the booster pumps
at a flow rate which is relatively constant and which will be independent of
the carbon dioxide dose rate or the number of Whittlesea pumps operating.
“No flow” protection will be installed on the carry water system and
interlocked to the carbon dioxide system.
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The existing (Yan Yean) lime storage, preparation and mixing controls will
be modified to allow the plant to operate in automatic mode independent
of the operation of Plant.
The duty and stand-by Whittlesea lime dosing pumps will be of the
peristaltic type rated for 1500 kPa operating pressure.
A new PLC and control equipment will be located in the MCC “E” in the
room next to the lime slurry and dosing room.
2 Pressure Rating
The alkalinity plant must be capable of injecting lime and carbon dioxide
gas into the 375 mm via Whittlesea main, located within the confines of the
Yan Yean WTP site, under all normal operating conditions.
Normal operating conditions will include the pressure and flow conditions
induced when one, two or three pumps are operating i.e. 30 l/s, 65 l/s and
100 l/s.
3 Layout of Works
Yan Yean Water will locate the carbon dioxide equip ment, lime and gas
dosing lines to avoid interference with existing pipelines and structures
associated with the Whittlesea Pumping Station and main and the existing
treatment facilities associated with the Plant.
4 Telemetry
Primary signals from the chemical dosing systems, flow measurement and
water quality monitoring instrumentation will be transmitted to and be
integrated with the existing telemetry and SCADA control systems serving
the Plant.
pH of the alkalinity adjusted water leaving the Yan Yean site via the
Whittlesea pipeline will be continuously monitored. An output signal will
be directed to the SCADA system that will have the capability of
continuously tracking the value. The alkalinity adjustment plant will be
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operated to ensure a zero adjustment of the pH of water leaving the
Whittlesea Pumping Station. It is not the intent of the scheme to
independently adjust the pH of the water.
6 Ownership
The 375 mm diam. cast iron pipeline delivering water from the Whittlesea
Pumping Station to the community of Whittlesea, including that length
between the Additional Dosing Interface Points will remain in the
ownership of MW or YVW, throughout the term of Schedule 9.
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pH Specification
To maintain the pH within +/- 0.3 units of the pH of the incoming water.
Alkalinity Specification
30 35-80 +/-5
65 35-80 +/-5
Performance Monitoring
The performance of the Additional Dosing Facilities will be monitored by Yan Yean
Water in accordance with the table below.
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Attachment D Diagram
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1 The adjustments to be made to the A3 Availability Charge and the Usage Charge
are not based on the actual costs incurred by Yan Yean Water, but solely on the
calculation set out in this Attachment.
3 The so determined escalation factors will be applied for a 6 month period from 1
January to 30 June (1 April index) and from 1 July to 31 December (1 October
index). Retrospective adjustments will be paid in accordance with the Bulk Water
Supply Agreement following determination of the escalation factors.
A3 $135.39
Availabilit per day
y Charge Other 2 59.0% CPI (M) 120.30
AWE
Wages 1 41.0% 724.80
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CPI (M) – Consumer Price Index, Melbourne Table 1 ABS, catalogue 6401
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