Western Australian Legislation
Western Australia Water Agencies (Powers) Act 1984 Water Agencies (Water Use) By-laws 2010 Western Australia Water Agencies (Water Use) By-laws 2010 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Water restrictions 4. Contravening restrictions, offence 1 5. Area 1's restrictions 1 6. Area 2's restrictions 1 7. Area 3's restrictions 1 8. Area 4's restrictions 1 Part 3 — Exemptions from water restrictions 10. Rights in Water and Irrigation Act 1914 s. 5C, use of water under is exempt 1 11. Domestic bore on other property, using water from 1 12. Installing etc. reticulation system, using water for 1 13. Vertimowing, fertilising etc. by commercial operator, watering after 1 14. Market garden or plant nursery, watering of 1 15. Caravan park site etc., watering of after vacation of 1 16. Aviary, water for birds in 1 17. Fire fighting, using water for 1 Schedule 1 — Maps showing Areas 1, 2, 3 and 4 Schedule 2 — Stages of restrictions 1. Stage 1 1 2. Stage 2 1 3. Stage 3 1 4. Stage 4 1 5. Stage 5 1 6. Stage 6 1 7. Stage 7 1 Schedule 3 — Specified days for watering by reticulation Division 1 — Specified days for Schedule 2 clauses 3(1)(a), 4(2)(a), 5(2)(a) and 6(2)(a) Division 2 — Specified days for Schedule 2 clause 4(1)(a) Division 3 — Specified days for Schedule 2 clause 5(1)(a) Notes Compilation table 1 Other notes 1 Defined terms Western Australia Water Agencies (Powers) Act 1984 Water Agencies (Water Use) By‑laws 2010
Part 1 — Preliminary
1. Citation These by‑laws are the Water Agencies (Water Use) By‑laws 2010.
2. Commencement These by‑laws come into operation as follows — (a) by‑laws 1 and 2 — on the day on which these by‑laws are published in the Gazette; (b) the rest of the by‑laws — on 1 April 2010.
3. Terms used In these by‑laws, unless the contrary intention appears — Area means Area 1, Area 2, Area 3 or Area 4; Area 1 means that part of the State that is north of the line — (a) starting at latitude ‑ 27.428° and longitude 114.063°; and (b) extending to latitude ‑ 30.117° and longitude 117.081°; and (c) extending to latitude ‑ 30.117° and longitude 128.993°, as illustrated for information purposes on the maps shown in Schedule 1; Area 2 means that part of the State that is south of the line — (a) starting at latitude ‑ 27.428° and longitude 114.063°; and (b) extending to latitude ‑ 30.117° and longitude 117.081°; and (c) extending to latitude ‑ 30.117° and longitude 128.993°, except Area 3 or Area 4, as illustrated for information purposes on the maps shown in Schedule 1; Area 3 means the local government districts of Bayswater, Mandurah, Murray, Joondalup, Wanneroo, Swan, Perth, Canning, Belmont, Vincent, Kwinana, Rockingham, Cockburn, Armadale, Gosnells, Peppermint Grove, Stirling, Fremantle, Claremont, Subiaco, Cottesloe, East Fremantle, Victoria Park, South Perth, Mundaring, Kalamunda, Melville, Serpentine‑Jarrahdale, Nedlands, Mosman Park, Bassendean and Cambridge, as illustrated for information purposes on the maps shown in Schedule 1; Area 4 means the local government districts of Dardanup, Bunbury, Cranbrook, Donnybrook‑Balingup, Collie, Capel, Busselton, Nannup, Augusta‑Margaret River, Albany, Boyup Brook, Manjimup, Bridgetown‑Greenbushes, Waroona, Harvey, Plantagenet and Denmark, as illustrated for information purposes on the maps shown in Schedule 1; domestic bore means a non‑artesian well as defined in the Rights in Water and Irrigation Act 1914 section 2(1) from which the only water that can be taken is from the water table aquifer; domestic bore water or water means water taken from a domestic bore; evening period means the period after 6.00 p.m.; garden does not include any indoor plants or plants growing inside a glasshouse; high pressure water cleaner means a cleaning device that uses pressurised water flowing at a rate of not more than 6 L per minute; lawn does not include a grass‑covered sporting ground; morning period means the period before 9.00 a.m.; relevant property, in relation to the watering of a lawn, garden or grass‑covered sporting ground, means the property on which the lawn, garden or grass‑covered sporting ground is located; stage of restrictions means a stage of restrictions set out in Schedule 2; synthetic sporting ground means a sporting ground that has a synthetic surface designed to be used after watering; week means a period of 7 successive days beginning with Sunday. [By‑law 3 amended: Gazette 30 Nov 2010 p. 6016; 14 Nov 2013 p. 5097; 9 May 2017 p. 2431.]
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