Rights in Water and Irrigation Act 1914 (WA)

Western Australia Rights in Water and Irrigation Act 1914 Western Australia Rights in Water and Irrigation Act 1914 Contents Part I — Preliminary 1. Short title 2 2. Terms used 2 3. Term used: watercourse 4 Part III — Control of water resources Division 1 — Objects and application of this Part 4. Objects of this Part 6 4A. Term used: watercourse 7 5. Waters to which this Part does not apply 7 Division 1A — Ownership and control of waters 5A. Natural waters vest in Crown 8 5B. Landowner etc. may carry out certain drainage and storage work 8 5C. Taking of certain water without right or licence, offence 9 5D. Rights cannot be acquired by length of use 10 5E. Breach of s. 5C or degradation of water resource, civil remedy for 10 Division 1B — Certain surface waters 6. Watercourses etc. to which Division applies 11 7. Saving for certain proclamations in force at 15 Feb 1985 13 9. Riparian owner etc., rights of 13 10. Rights to water to which there is access by public road etc. 14 11. Obstruction etc. of watercourse, road etc. not authorised by s. 10 15 15. Bed of watercourse etc. on land boundary remains Crown property 16 16. Riparian owner etc., rights of access etc. to watercourse etc. despite s. 15 17 17. Obstruction etc. of watercourse etc. without authority, offence and Minister's powers as to 18 17A. Dams built etc. before 10 Jan 2001, saving for as to s. 17 permits 20 17B. Permits for s. 17, regulations for 20 18. Discharge etc. of sludge etc. into watercourse, offence 21 Division 2 — Other surface waters 19. Watercourses etc. to which this Division applies 21 20. Riparian owners etc., rights of 21 21. Rights to water to which there is access by public road etc. 23 21A. Obstruction etc. of watercourse, road etc. not authorised by s. 21 24 22. Unauthorised diversion etc. of water, Minister's powers as to 24 24. Saving of civil remedy 26 25. Obstruction etc. of watercourse etc. on Crown land, offence and Minister's powers as to 26 Division 3 — Underground waters 25A. Non‑artesian wells in prescribed areas, rights to take water from 27 26. Local by‑laws for s. 25A(2) 28 26A. Artesian well constructed or altered without licence, offence 28 26B. Non‑artesian well in certain areas etc. constructed or altered without licence etc., offence 29 26C. Exemptions to s. 5C and 26B(3)-(6), declaring 31 26D. Licence for construction etc. of well, application for and issue of 32 26E. Non‑artesian well completed after 15 Feb 1985, Minister to be informed about 33 26F. Altering licensed well or contravening licence, offence 34 26G. Water from s. 26B(3) well, Minister's powers to control waste etc. and rate of use of 34 Division 3A — Limitations on rights conferred by and under Divisions 1B, 2 and 3 Subdivision 1 — Limitations where water is augmented 26GA. Rights under s. 9, 10, 20 and 21 to augmented volume of water, limits on 36 Subdivision 2 — Limitations imposed by direction 26GB. Term used: water resource 37 26GC. Taking and use of certain water, Minister's powers to restrict etc. 37 26GD. When s. 26GC applies 39 26GE. Powers in s. 26GD, limits on Minister's exercise of 39 26GF. Directions under s. 26GC override rights and s. 22 and 26G directions 40 Division 3B — Review 26GG. Review by SAT of Sch. 1 decisions on s. 5C licences 41 26GH. Review by SAT of s. 22, 26G and 26GC directions and Sch. 1 cl. 39 decision 42 26GI. Review by SAT of decisions on s. 26D licences 42 26GJ. Notice to relevant water resources management committee 42 Division 3C — Local water resources management committees 26GK. Establishing committees and subcommittees 43 26GL. Orders under s. 26GK, content of 44 26GM. Functions of committees 45 26GN. Committee members to act honestly etc. 46 26GO. Procedure of committees 47 26GP. Delegation by Minister to committee 48 26GQ. Minister to provide support to committee 48 26GR. Remuneration of committee members 48 26GS. Protection from personal liability for wrongdoing 48 26GT. Execution of documents by committee 49 Division 3D — Plans for management of water resources Subdivision 1 — Plans and their contents 26GU. Preparation of plans; when plan has effect 49 26GV. Classification of plans 50 26GW. Regional management plans, purposes of 50 26GX. Sub‑regional management plans, purposes of 51 26GY. Local area management plans, purposes of 52 26GZ. Consultation required before plan prepared etc. 53 Subdivision 2 — Public consultation and making of plans 26GZA. Proposed plan to be publicly notified 54 26GZB. Public submissions on proposed plan 54 26GZC. Referral of proposed plan to other bodies 55 26GZD. Modification of proposed plan 55 26GZE. Proposed plan to be given to Water Resources Council; making a proposed plan 56 26GZF. Approval of plan, public notice of; when plan has effect 56 26GZG. Review, revocation, amendment and correction of plan 57 Division 3E — Register of instruments 26GZH. Terms used 58 26GZI. Register, keeping and inspection of etc. 59 26GZJ. Content of register 59 26GZK. Transfer of licence etc. under Sch. 1 cl. 31 to be recorded 60 26GZL. Security interest in licence, application for note of 60 26GZM. Security interest, notation of 61 26GZN. Notation of security interest, CEO's functions as to and effect of 61 26GZO. Holder of notated security interest to be notified of certain events 62 26GZP. Economic Regulation Authority to be notified of certain events 62 26GZQ. Security interest notation, removal and variation of 63 26GZR. Register, CEO may amend etc. 64 26GZS. No compensation for acts done etc. under this Division 64 26GZT. Regulations relating to register 64 Division 4 — Miscellaneous 26H. Right of entry of Minister 64 26J. Court proceedings, Minister may institute and evidence in 65 26K. This Part binds Crown and statutory undertakers 66 26L. Local by‑laws, Minister's powers to make etc. 67 26M. Licensing schemes, local by‑laws as to 68 26N. Prerequisites for making local by‑laws 69 26O. Drainage etc., local by‑laws as to 70 26P. Flood protection works, local by‑laws as to 71 26Q. Minister's powers exercisable on behalf of people with water entitlement 71 27. Regulations 72 27A. Regulations may require certain work etc. to be licensed 73 27B. Regulations as to licences and permits 75 27C. Review of this Part 75 Part IV — Irrigation Districts 28. Constitution of districts etc. 77 29. Boundaries of districts, alteration of etc.; sub‑areas, creation of etc. 77 Part VI — The construction and maintenance of works 35. Actions against Crown etc. for injury etc. to rights etc. and from floods etc. prohibited 79 36. Compensation for injury etc. to rights etc. and from floods etc., claims for etc. 79 37. Compensation claims, disputes as to 80 38. Compensation claims, principles to be applied to 80 Part XI — General provisions 64. Railways, water for 83 66. Service of notices and demands, manner of 83 67. Notices bind persons claiming under owner or occupier 84 69. Civil remedy not affected by criminal proceedings 84 70. Obstructing official, offence 84 71. Refusing to give up possession of works, offence 85 72. General penalty 85 73. Arrest powers 85 74. Prosecutions to be dealt with summarily 86 79. Ownership or occupancy, proof of 86 79A. Works, proof of facts as to 87 Schedule 1 — Licensing and related provisions Division 1 — Preliminary 1. Terms used 88 2. Licences for different purposes 88 3. Persons who are eligible to hold licences 88 Division 2 — Applications and licensing decisions 4. Application for licence 89 5. Advertising application for licence, regulations for 90 6. Applicant may make submissions to Minister in some cases 90 7. Minister's discretion when deciding applications, exercise of 91 8. When Minister must refuse licence 92 9. If applicant not eligible to hold licence, procedure 92 10. Decision on application, Minister to notify applicant etc. 93 11. Licences may relate to more than one place, well etc. 93 12. Duration of licence 93 13. Licence terminates if licensee becomes ineligible to hold licence 94 14. Licensee ceasing to be owner etc. of land, effect of cl. 13(1) in case of 95 Division 3 — Terms, conditions and restrictions 15. Terms etc. of licence 96 16. Term etc. that continues after licensed act completed 96 17. Licence reducing another's entitlement may include condition requiring payment of compensation 96 18. Breach of term etc., Minister's powers as to etc. 97 Division 4 — Notation on licence of interest of third party 19. When cl. 20 applies 98 20. Amending etc. licence requires third party's consent 99 21. Notation under cl. 19(b), content and effect of 99 Division 5 — Renewal of licences 22. Renewal 99 Division 6 — Amendment, suspension, cancellation and surrender of licences 23. Amendment, application by licensee for 101 24. Amending licence, Minister's powers as to 101 25. Suspending or cancelling licence, Minister's powers as to 103 26. Licensee may make submissions in some cases before licence amended, suspended or cancelled 104 27. Surrender of licence 105 Division 7 — Transfers of licences and water entitlements and agreements with licensees to take water 28. Term used: water entitlement 106 29. Transfer of licence or entitlement under licence 106 29A. Death of licence holder, consequences of 106 30. Agreement by licensee allowing third party to take water, of no effect in some cases 107 31. Minister's approval of transfer required 108 32. Application for Minister's approval 109 33. Minister may require assessment before deciding cl. 32 application 109 34. Security interest holder's consent to transfer required 110 35. Some cl. 32 applications to be notified to others who can make submissions 110 36. Minister's duties to endorse transferred etc. licences etc. 111 Division 8 — Transfer of licences and water entitlements to the Minister 37. Term used: water entitlement 112 38. When Minister may agree to transfer of licence etc. to Minister 112 Division 9 — Compensation 39. Damage due to exercise of various of Minister's powers, compensation for 113 Division 10 — Issue of licences and transfer of licences and water entitlements by the Minister for a premium 40. Minister's power to agree to issue licence at premium 115 41. Minister's power to agree to transfer licence etc. for premium 116 Division 11 — Miscellaneous 42. Minister to notify Registrar of Titles etc. in some cases 117 43. Licensee etc. to maintain works etc. referred to in licence 118 44. Licensee to notify Minister of change of circumstances 118 45. Duplicate licences, issue of in some cases 118 46. Meters on wells etc. 118 47. Meter reading to be presumed correct 119 Appendix to Schedule 1 Matters to which licence terms, conditions or restrictions may relate Notes Compilation table 122 Other notes 127 Defined terms Western Australia Rights in Water and Irrigation Act 1914 An Act relating to rights in water resources, to make provision for the regulation, management, use and protection of water resources, and for related purposes. [Long title inserted: No. 49 of 2000 s. 4; amended: No. 25 of 2012 s. 57.]