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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Water Resources Legislation Amendment
Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Regulations -- power to amend certain statutory
rules 2
Part 2 -- Amendments to the Country
Areas Water Supply Act 1947
4. The Act amended 3
5. Section 5 amended 3
6. Section 7 repealed 3
7. Section 11 amended 4
8. Section 12BA amended 4
9. Section 12BD amended 4
10. Section 12BE amended 4
11. Section 12E amended 5
12. Section 12EB amended 5
13. Section 12ED amended 5
14. Section 12EE amended 6
15. Section 45 amended 6
16. Section 111 amended 6
17. Section 112 amended 7
18. Section 113 amended 7
19. Section 114 amended 7
20. Section 115 amended 7
21. Section 116 replaced 8
116. Corporation may be represented by officer 8
22. Section 121 amended 8
138--3 page i
Water Resources Legislation Amendment Bill 2006
Contents
23. Various references to "Commission" changed to
"Minister" 9
Part 3 -- Amendments to the
Metropolitan Water Authority
Act 1982
24. The Act amended 10
25. Section 4 amended 10
26. Section 5 amended 10
27. Section 19 amended 10
28. Section 98 amended 11
29. Section 99 amended 11
30. Section 106 amended 11
31. Section 107 amended 12
Part 4 -- Amendments to the
Metropolitan Water Supply,
Sewerage, and Drainage Act 1909
32. The Act amended 13
33. Section 5 amended 13
34. Section 14 amended 13
35. Section 16 amended 14
36. Section 35 repealed 14
37. Section 57C amended 14
38. Section 57EA amended 14
39. Section 57G amended 15
40. Section 57H amended 15
41. Section 57I amended 15
42. Section 146 amended 15
43. Section 153 amended 15
44. Section 156 amended 16
45. Section 157 amended 16
46. Section 158 amended 16
47. Section 159 amended 17
48. Section 160 repealed 17
49. Section 161 replaced 17
161. Corporation may be represented by officer 17
50. Various references to "Commission" changed to
"Minister" 18
page ii
Water Resources Legislation Amendment Bill 2006
Contents
Part 5 -- Amendments to the Rights
in Water and Irrigation Act 1914
51. The Act amended 19
52. Section 2 amended 19
53. Section 5 amended 19
54. Section 5A amended 20
55. Section 6 amended 20
56. Section 16 amended 20
57. Section 26B amended 20
58. Section 26GE amended 21
59. Section 26GH amended 21
60. Section 26GL amended 21
61. Section 26GS amended 21
62. Section 26GU amended 22
63. Sections 26GX and 26GY amended 22
64. Heading to Part III Division 3D Subdivision 2
amended 22
65. Section 26GZC amended 22
66. Section 26GZE replaced 23
26GZE. Minister to make plan 23
67. Section 26GZG amended 23
68. Section 26GZI amended 24
69. Section 26GZK amended 24
70. Section 26GZO amended 24
71. Section 26GZQ amended 25
72. Section 26H amended 25
73. Section 26J amended 25
74. Section 26N amended 26
75. Section 26Q amended 26
76. Section 27 amended 27
77. Section 27C amended 27
78. Section 35 amended 27
79. Section 36 amended 27
80. Section 39 replaced 28
39. Allocation of water for irrigation 28
81. Section 69 amended 28
82. Section 70 amended 28
83. Section 71 amended 29
84. Section 73 amended 29
page iii
Water Resources Legislation Amendment Bill 2006
Contents
85. Section 75 replaced 29
75. Corporation may be represented by officer 29
86. Section 79A amended 29
87. Schedule 1 clause 3 amended 29
88. Schedule 1 clause 6 amended 30
89. Schedule 1 clause 12 amended 30
90. Schedule 1 clause 15 amended 30
91. Schedule 1 clause 22 amended 31
92. Schedule 1 clause 26 amended 31
93. Schedule 1 clause 29A inserted 32
29A. Transfers of licence -- death of licence
holder 32
94. Schedule 1 clause 30 amended 33
95. Schedule 1 clause 35 amended 33
96. Heading to Schedule 1 Division 8 amended 33
97. Schedule 1 clause 38 amended 34
98. Heading to Schedule 1 Division 10 amended 34
99. Schedule 1 clause 40 amended 34
100. Schedule 1 clause 45 amended 34
101. Various references to "Commission" changed to
"Minister" 34
102. Various references to "Commission" changed to
"CEO" 36
Part 6 -- Amendments to the Water
Agencies (Powers) Act 1984
103. The Act amended 37
104. Long title amended 37
105. Section 3 amended 37
106. Section 8 amended 39
107. Parts II, IIA and heading to Part IIB inserted 39
Part II -- The Minister and the Water Resources
Ministerial Body
Division 1 -- General functions and powers of
the Minister
9. General functions and powers of the
Minister 39
10. Functions and powers of the Minister --
relationship to other functions and powers
and to the Corporation 40
Division 2 -- The Water Resources Ministerial Body
11. The Water Resources Ministerial Body 41
page iv
Water Resources Legislation Amendment Bill 2006
Contents
12. Purpose and nature of the Ministerial
Body 41
13. Execution of documents by the Ministerial
Body 41
Division 3 -- Minister to have access to certain
information
14. Minister to have access to certain
information 43
15. Use or disclosure of information obtained
under section 14 45
Part IIA -- The Water Resources Council
16. Water Resources Council established 46
17. Membership of the Council 46
18. Functions of the Council 47
19. Term of office 48
20. Casual vacancy 48
21. Remuneration and allowances 48
22. Quorum 48
23. Presiding at meetings 49
24. Disclosure of interests by Council
members 49
25. Procedure at meetings 50
26. Minutes 50
27. Staff and other resources of the Council 50
28. Application of the Financial Administration
and Audit Act 1985 50
Part IIB -- Regulations and by-laws
108. Section 34 amended 51
109. Section 36 amended 51
110. Section 38 amended 52
111. Section 62 amended 52
112. Section 63 amended 52
113. Section 66 amended 53
114. Section 70 amended 53
115. Section 71 amended 54
116. Section 72 amended 54
117. Section 73 amended 55
118. Section 78 amended 55
119. Section 79 amended 56
120. Section 81 amended 56
121. Section 82 amended 59
122. Section 83 amended 59
123. Section 84 amended 59
124. Section 86 amended 60
page v
Water Resources Legislation Amendment Bill 2006
Contents
125. Section 87 amended 60
126. Section 88 amended 61
127. Section 89 amended 62
128. Section 90 amended 62
129. Section 91 amended 62
130. Section 93 amended 63
131. Section 95 amended 63
132. Section 97 amended 64
133. Section 103 amended 64
134. Part X inserted 64
Part X -- Administrative provisions
104. Delegation by the Minister 64
105. Delegation by the CEO 66
106. Directions about Government policy 67
107. Non-public sector staff 68
108. Provision of staff, services and facilities 68
109. Advisory committees 69
110. Laying documents before Parliament 69
111. Protection from liability for wrongdoing 70
112. Confidentiality 71
135. Various references to "Commission" changed to
"Minister" 72
Part 7 -- Amendments to the Water
Corporation Act 1995
136. The Act amended 73
137. Section 7 amended 73
138. Section 49 amended 73
139. Section 58 amended 73
Part 8 -- Amendments to the
Waterways Conservation Act 1976
140. The Act amended 75
141. Long title amended 75
142. Heading to Part 1 inserted 75
Part 1 -- Preliminary
143. Section 3 amended 75
144. Section 5 amended 76
145. Section 8 amended 76
146. Heading to Part 2 inserted 76
page vi
Water Resources Legislation Amendment Bill 2006
Contents
Part 2 -- Application of the Act
147. Section 9 amended 76
148. Section 10 amended 77
149. Heading to Part 3 inserted 77
Part 3 -- Functions of the Minister
150. Sections 11 to 30 replaced by sections 11 and 12 78
11. Functions of the Minister 78
12. Performance of the functions of the
Minister 80
151. Heading to Part 4 and section 30 inserted 81
Part 4 -- Agreements, management programmes
and consultation
30. Covenants 81
152. Section 31 amended 81
153. Section 32 amended 81
154. Section 33 amended 82
155. Section 34 repealed 83
156. Section 35 amended 83
157. Section 36 amended 85
158. Section 37 amended 86
159. Section 38 amended 86
160. Sections 39 to 45 repealed 87
161. Heading to Part 5 inserted 87
Part 5 -- Protection of waters and land
162. Section 46 amended 87
163. Section 48 amended 87
164. Section 49 amended 87
165. Section 50 amended 88
166. Section 51 amended 88
167. Section 52 amended 88
168. Section 53 amended 89
169. Headings to Part 6 and Division 1 inserted 89
Part 6 -- General provisions
Division 1 -- By-laws
170. Section 54 replaced 89
54. By-laws 89
171. Section 56 amended 90
172. Section 57 amended 90
173. Sections 58 and 59 repealed 91
page vii
Water Resources Legislation Amendment Bill 2006
Contents
174. Heading to Division 2 inserted 91
Division 2 -- Enforcement provisions
175. Section 61 amended 91
176. Section 62 amended 91
177. Section 63 amended 91
178. Section 64 amended 92
179. Sections 66 and 67 repealed 92
180. Heading to Division 3 inserted 92
Division 3 -- General offence and procedural
provisions
181. Section 69 amended 92
182. Section 71 amended 92
183. Section 75 amended 93
184. Heading to Division 4 and sections 76 to 81
inserted 94
Division 4 -- Administrative provisions
76. Delegation by the Minister 94
77. Delegation by the CEO 95
78. Public consultation 97
79. Information officially obtained to be
confidential 98
80. Annual reports 99
81. Protection from liability for wrongdoing 100
185. Section 76 renumbered 100
186. Section 76 (as renumbered) amended 100
187. Schedule repealed 101
188. Various references to "Commission" changed to
"Minister" 101
Part 9 -- Repeal of Acts
189. The Water and Rivers Commission Act 1995
repealed 102
190. The Water Supply, Sewerage, and Drainage
Act 1912 repealed and savings provision 102
Part 10 -- Consequential
amendments to other Acts
191. Conservation and Land Management Act 1984
amended 103
192. Constitution Acts Amendment Act 1899 amended 104
193. Energy Operators (Powers) Act 1979 amended 105
page viii
Water Resources Legislation Amendment Bill 2006
Contents
194. Environmental Protection Act 1986 amended 105
195. Financial Management Act 2006 amended 106
196. Land Administration Act 1997 amended 106
197. Public Sector Management Act 1994 amended 107
198. Public Works Act 1902 amended 107
199. Sentencing Act 1995 amended 108
200. Soil and Land Conservation Act 1945 amended 108
201. Water Boards Act 1904 amended 108
Part 11 -- Transitional provisions
Division 1 -- Interpretation
202. Terms used in this Part 109
203. Interpretation Act 1984 not limited 111
Division 2 -- Transfer of assets, liabilities,
accounts, proceedings etc.
204. Minister to make transfer orders 111
205. Transfer of assets and liabilities 112
206. Transfer of care, control and management of
reserved land 114
207. The Water and Rivers Commission Account 115
208. Commission to complete necessary transactions 115
209. The Water Supply, Sewerage, and Drainage
Act 1912 116
210. Registration of documents 116
211. Exemption from State taxes 117
212. Rectifying error in transfer order 118
Division 3 -- Staff etc.
213. Transfer of staff 118
214. Transfer of arrangements about use of other staff 119
215. Employees' rights preserved 119
216. Transfer of contracts for services 119
Division 4 -- Committees of the Commission
217. Transfer of members of committees of the
Commission 120
Division 5 -- Former Management Authorities
under the Waterways Conservation
Act 1976
218. By-laws under the Waterways Conservation
Act 1976 120
page ix
Water Resources Legislation Amendment Bill 2006
Contents
219. Proceedings in relation to a former Management
Authority 121
Division 6 -- Continuing effect of things done
220. Continuing effect of licences, directions,
determinations, notices etc. 121
221. Completion of things commenced 121
222. Continuing effect of things done generally 122
223. Agreements and instruments generally 122
Division 7 -- General transitional provisions
224. Confidentiality obligations to continue 122
225. Further transitional provision may be made 123
226. Saving 124
Defined Terms
page x
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Water Resources Legislation Amendment
Bill 2006
A Bill for
An Act to --
· amend the Country Areas Water Supply Act 1947; and
· amend the Metropolitan Water Authority Act 1982; and
· amend the Metropolitan Water Supply, Sewerage, and Drainage
Act 1909; and
· amend the Rights in Water and Irrigation Act 1914; and
· amend the Swan River Trust Act 1988; and
· amend the Water Agencies (Powers) Act 1984; and
· repeal the Water and Rivers Commission Act 1995; and
· amend the Water Corporation Act 1995; and
· repeal the Water Supply, Sewerage, and Drainage Act 1912; and
· amend the Waterways Conservation Act 1976; and
· make consequential amendments to other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Water Resources Legislation Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act is the Water Resources Legislation Amendment
Act 2006.
5 2. Commencement
(1) This Part and Part 11 come into operation on the day on which
this Act receives the Royal Assent.
(2) Parts 2 to 10 come into operation on a day fixed by
proclamation.
10 (3) Different days may be fixed under subsection (2) for different
provisions.
3. Regulations -- power to amend certain statutory rules
(1) The Governor, on the recommendation of the Minister, may
make regulations amending a statutory rule.
15 (2) The Minister may make a recommendation under subsection (1)
only if he or she considers that each amendment proposed to be
made by the regulations is consequential on the enactment of
this Act.
(3) Nothing in this section prevents a statutory rule from being
20 amended in accordance with the Act under which it is made.
(4) In this section --
"statutory rule" means a regulation, rule or by-law.
page 2
Water Resources Legislation Amendment Bill 2006
Amendments to the Country Areas Water Supply Act 1947 Part 2
s. 4
Part 2 -- Amendments to the Country Areas Water
Supply Act 1947
4. The Act amended
The amendments in this Part are to the Country Areas Water
5 Supply Act 1947*.
[* Reprint 7 as at 7 April 2006.]
5. Section 5 amended
Section 5(1) is amended as follows:
(a) by deleting the definitions of "Commission" and
10 "officer";
(b) by inserting in the appropriate alphabetical positions --
"
"CEO" means the chief executive officer of the
Department;
15 "Department" means the department of the Public
Service principally assisting in the administration
of this Act;
"former authority" means the former Authority, the
former Commission or a former Minister;
20 "former Commission" means the Water and Rivers
Commission established by section 4 of the Water
and Rivers Commission Act 1995 and in existence
before the repeal of that Act;
"officer", in relation to the Corporation, means a
25 member of the staff of the Corporation engaged
under section 15 of the Water Corporation
Act 1995;
".
6. Section 7 repealed
30 Section 7 is repealed.
page 3
Water Resources Legislation Amendment Bill 2006
Part 2 Amendments to the Country Areas Water Supply Act 1947
s. 7
7. Section 11 amended
Section 11(2) is repealed and the following subsection is
inserted instead --
"
5 (2) The Corporation shall not exercise the powers
conferred by subsection (1) in relation to water to
which section 5C of the Rights in Water and Irrigation
Act 1914 applies, except under a licence or right
granted or conferred under Part III of that Act.
10 ".
8. Section 12BA amended
Section 12BA(3) is amended by deleting "the former Authority"
and inserting instead --
" a former authority ".
15 9. Section 12BD amended
Section 12BD(1) is amended as follows:
(a) by deleting "any officer of the Commission" and
inserting instead --
" the Minister ";
20 (b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Minister ".
10. Section 12BE amended
Section 12BE(4) is amended by deleting "Minister or of the
25 Commission" and inserting instead --
" Crown ".
page 4
Water Resources Legislation Amendment Bill 2006
Amendments to the Country Areas Water Supply Act 1947 Part 2
s. 11
11. Section 12E amended
Section 12E(7) is amended as follows:
(a) in paragraph (a) by deleting "the former Minister, the
former Authority" and inserting instead --
5 " a former authority ";
(b) in paragraph (b) by deleting "former Minister, the
former Authority" and inserting instead --
" former authority ".
12. Section 12EB amended
10 (1) Section 12EB(2), (3)(b) and (4) are amended by deleting
"former Minister, the former Authority" and inserting instead --
" former authority ".
(2) Section 12EB(3) and (4) are amended by deleting "former
Minister or the former Authority" and inserting instead --
15 " former authority ".
13. Section 12ED amended
(1) Section 12ED(2) is amended by deleting "any officer of the
Commission or other person authorised by the Commission or".
(2) Section 12ED(4) is amended by deleting "authorise any officer
20 of the Commission or other person authorised by the
Commission or the Minister" and inserting instead --
"
authorise any officer of the Department, and other
persons authorised by the Minister,
25 ".
page 5
Water Resources Legislation Amendment Bill 2006
Part 2 Amendments to the Country Areas Water Supply Act 1947
s. 14
(3) Section 12ED(5) is amended as follows:
(a) by deleting "or the Commission or a person acting with
the authority of the Minister or of the Commission" and
inserting instead --
5 "
, an officer of the Department or a person authorised by
the Minister for the purposes of this subsection,
";
(b) by deleting "the Commission or any such person" and
10 inserting instead --
" officer or person so authorised ".
14. Section 12EE amended
Section 12EE(2) is amended as follows:
(a) by deleting "the Commission" in the first place where it
15 occurs and inserting instead --
" an officer of the Department ";
(b) by deleting "or of the Commission".
15. Section 45 amended
Section 45(3a) is amended by deleting "Commission" and
20 inserting instead --
" the Crown ".
16. Section 111 amended
Section 111 is amended by deleting "Commission" and
inserting instead --
25 " Crown ".
page 6
Water Resources Legislation Amendment Bill 2006
Amendments to the Country Areas Water Supply Act 1947 Part 2
s. 17
17. Section 112 amended
Section 112 is amended as follows:
(a) by deleting "Commission" in the first, third and fourth
places where it occurs and inserting instead --
5 " Minister ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ".
18. Section 113 amended
10 Section 113(1) is amended by deleting "Commission" and
inserting instead --
" Crown ".
19. Section 114 amended
Section 114 is amended by deleting "Commission" and
15 inserting instead --
"
Department authorised by the Minister for the purposes
of this section
".
20 20. Section 115 amended
Section 115(1) is amended as follows:
(a) in paragraph (a) by deleting "Commission" in the first
place where it occurs and inserting instead --
" Minister ";
25 (b) in paragraph (a) by deleting "Commission" in the
second place where it occurs and inserting instead --
" Department ";
page 7
Water Resources Legislation Amendment Bill 2006
Part 2 Amendments to the Country Areas Water Supply Act 1947
s. 21
(c) in the heading to Table 1 by deleting "Commission" and
inserting instead --
" Minister ";
(d) in Table 1 by deleting "12C(7a)" and inserting
5 instead --
" 12C(7)(a) ";
(e) in Table 1 by deleting "obstruction of the Commission"
and inserting instead --
" obstruction of the Minister, etc. ";
10 (f) in Table 1 by deleting "used by the Commission" and
inserting instead --
" used by the Crown ";
(g) in Table 2 by deleting "obstruction of the Corporation"
and inserting instead --
15 " obstruction of the Corporation, etc. ".
21. Section 116 replaced
Section 116 is repealed and the following section is inserted
instead --
"
20 116. Corporation may be represented by officer
In any proceeding before a court, judge or person
acting judicially, any authorised officer of the
Corporation may represent the Corporation in all
respects as if he were the party concerned.
25 ".
22. Section 121 amended
Section 121 is amended by deleting "chief executive officer of
the Commission or" and inserting instead --
" CEO or the chief executive officer of ".
page 8
Water Resources Legislation Amendment Bill 2006
Amendments to the Country Areas Water Supply Act 1947 Part 2
s. 23
23. Various references to "Commission" changed to "Minister"
Each provision of the Act listed in the Table to this section is
amended by deleting "Commission" in each place where it
occurs and inserting instead --
5 " Minister ".
Table
s. 12 s. 12D(1)
s. 12B(2) s. 12E(5), (6), (7) and (8)
s. 12BA(3) s. 12EB(2), (3) and (4)
s. 12BD(2) s. 45(1)(ca) and (2)
s. 12C(2), (3), (4), (5), (6) s. 108
and (7)
Note: The heading to sections 12 and 112 will be altered by deleting
"Commission" and inserting instead "Minister".
The headings to section 121 will be altered by deleting "chief executive
10 officer of the Commission or" and inserting instead "CEO or the chief
executive officer of ".
page 9
Water Resources Legislation Amendment Bill 2006
Part 3 Amendments to the Metropolitan Water Authority Act 1982
s. 24
Part 3 -- Amendments to the Metropolitan Water
Authority Act 1982
24. The Act amended
The amendments in this Part are to the Metropolitan Water
5 Authority Act 1982*.
[* Reprinted as at 21 January 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 285.]
25. Section 4 amended
10 Section 4(1)(a) is amended as follows:
(a) by deleting the definition of "Commission";
(b) by inserting in the appropriate alphabetical position --
"
"former Commission" means the Water and Rivers
15 Commission established by section 4 of the Water
and Rivers Commission Act 1995 and in existence
before the repeal of that Act;
".
26. Section 5 amended
20 Section 5(2) is amended by inserting before "Commission" --
" former ".
27. Section 19 amended
Section 19 is amended by inserting after "delegate of " --
" the former Commission, ".
page 10
Water Resources Legislation Amendment Bill 2006
Amendments to the Metropolitan Water Authority Act 1982 Part 3
s. 28
28. Section 98 amended
Section 98(1), (2), (4) and (5) are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
5 " Minister ".
29. Section 99 amended
(1) Section 99(1), (3) and (5) are amended by deleting
"Commission" and inserting instead --
" Minister ".
10 (2) Section 99(4) is amended as follows:
(a) by deleting "Commission" and inserting instead --
" Minister ";
(b) in paragraph (e) by deleting ", and report thereon to the
Minister".
15 30. Section 106 amended
(1) Section 106(1), (2) and (5) are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
" Minister ".
20 (2) Section 106(2) is amended as follows:
(a) after paragraph (c) by deleting "; and" and inserting a
full stop;
(b) by deleting paragraph (d);
(c) by inserting at the end of each of paragraphs (a) and
25 (b) --
" and ".
page 11
Water Resources Legislation Amendment Bill 2006
Part 3 Amendments to the Metropolitan Water Authority Act 1982
s. 31
(3) Section 106(3) is amended as follows:
(a) by deleting "Subject to the approval of the Minister, the
Commission" and inserting instead --
" The Minister ";
5 (b) by deleting "unless the Minister otherwise directs";
(c) by inserting at the end of paragraph (a) --
" and ".
(4) Section 106(4) is amended by deleting "Subject to the approval
of the Minister the Commission" and inserting instead --
10 " The Minister ".
(5) Section 106(6) is amended as follows:
(a) in paragraph (a) by deleting "Commission" and inserting
instead --
" Minister ";
15 (b) in paragraph (b) by deleting "the Commission or".
31. Section 107 amended
Section 107(2) is amended by deleting "Commission" and
inserting instead --
" Minister ".
page 12
Water Resources Legislation Amendment Bill 2006
Amendments to the Metropolitan Water Supply, Sewerage, Part 4
and Drainage Act 1909
s. 32
Part 4 -- Amendments to the Metropolitan Water
Supply, Sewerage, and Drainage Act 1909
32. The Act amended
The amendments in this Part are to the Metropolitan Water
5 Supply, Sewerage, and Drainage Act 1909*.
[* Reprint 9 as at 17 February 2006.]
33. Section 5 amended
Section 5(1) is amended as follows:
(a) by deleting the definitions of "Commission" and
10 "officer";
(b) by inserting in the appropriate alphabetical positions --
"
"CEO" means the chief executive officer of the
Department;
15 "Department" means the department of the Public
Service principally assisting in the administration
of this Act;
"officer", in relation to the Corporation, means a
member of the staff of the Corporation engaged
20 under section 15 of the Water Corporation
Act 1995;
".
34. Section 14 amended
Section 14(2) is repealed and the following subsection is
25 inserted instead --
"
(2) The Corporation shall not exercise the powers
conferred by subsection (1) in relation to water to
which section 5C of the Rights in Water and Irrigation
page 13
Water Resources Legislation Amendment Bill 2006
Part 4 Amendments to the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909
s. 35
Act 1914 applies, except under a licence or right
granted or conferred under Part III of that Act.
".
35. Section 16 amended
5 Section 16 is amended by deleting "without the authority of the
Commission" and inserting instead --
"
other than with the authority of the Minister or under
another written law
10 ".
36. Section 35 repealed
Section 35 is repealed.
37. Section 57C amended
Section 57C(1) is amended by deleting "it" and inserting
15 instead --
" the Minister ".
38. Section 57EA amended
Section 57EA(2) is repealed and the following subsection is
inserted instead --
20 "
(2) The Corporation shall not exercise the power conferred
by subsection (1) in relation to water to which
section 5C of the Rights in Water and Irrigation
Act 1914 applies, except under a licence or right
25 granted or conferred under Part III of that Act.
".
page 14
Water Resources Legislation Amendment Bill 2006
Amendments to the Metropolitan Water Supply, Sewerage, Part 4
and Drainage Act 1909
s. 39
39. Section 57G amended
Section 57G(2)(a) and (b) are amended by deleting "it" and
inserting instead --
" the Minister ".
5 40. Section 57H amended
Section 57H(3) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Minister ";
10 (b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Crown ".
41. Section 57I amended
Section 57I(1) is amended by deleting "it" and inserting
15 instead --
" the Minister ".
42. Section 146 amended
Section 146(1)(3a) is amended by deleting "Commission" and
inserting instead --
20 " CEO ".
43. Section 153 amended
Section 153 is amended by deleting "Commission" and
inserting instead --
" Crown ".
page 15
Water Resources Legislation Amendment Bill 2006
Part 4 Amendments to the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909
s. 44
44. Section 156 amended
Section 156 is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
5 " Minister ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ";
(c) by deleting ", in the performance of any Act or thing
10 which it or he" and inserting instead --
"
or any person authorised by the Minister or the
Corporation, in the performance of any act or thing
which the Minister or Corporation, or officer or person
15 ".
45. Section 157 amended
Section 157 is amended by deleting "Commission" and
inserting instead --
" Crown ".
20 46. Section 158 amended
Section 158 is amended by deleting "Commission" and
inserting instead --
"
Department authorised by the Minister for the purposes
25 of this section
".
page 16
Water Resources Legislation Amendment Bill 2006
Amendments to the Metropolitan Water Supply, Sewerage, Part 4
and Drainage Act 1909
s. 47
47. Section 159 amended
(1) Section 159(1) is amended as follows:
(a) by deleting "relevant authority" in the first place where
it occurs and inserting instead --
5 " Minister or the Corporation ";
(b) by deleting "relevant authority" in the second place
where it occurs and inserting instead --
" Department or the Corporation ";
(c) by deleting "relevant authority" in the third place where
10 it occurs and inserting instead --
"
Minister or the Corporation (which ever, in each case,
is relevant)
".
15 (2) Section 159(4) is repealed.
48. Section 160 repealed
Section 160 is repealed.
49. Section 161 replaced
Section 161 is repealed and the following section is inserted
20 instead --
"
161. Corporation may be represented by officer
In any proceeding before a court, judge or person
acting judicially, any authorised officer of the
25 Corporation may represent the Corporation in all
respects as if he were the party concerned.
".
page 17
Water Resources Legislation Amendment Bill 2006
Part 4 Amendments to the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909
s. 50
50. Various references to "Commission" changed to "Minister"
Each provision of the Act listed in the Table to this section is
amended by deleting "Commission" in each place where it
occurs and inserting instead --
5 " Minister ".
Table
s. 13(a) s. 57D(1)
s. 15 s. 57E(1), (2) and (3)
s. 17(1) s. 57G(1), (2), (5) and (7)
s. 57A(1) and (2) s. 57H(1) and (2)
s. 57B(4) s. 57I(1) and (2)
s. 57C(1) and (2)
Note: The headings to sections 17, 57C and 156 will be altered by deleting
"Commission" and inserting instead "Minister".
The heading to section 146 will be altered by deleting "Corporation"
10 and inserting instead "Minister".
page 18
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 51
Part 5 -- Amendments to the Rights in Water and
Irrigation Act 1914
51. The Act amended
The amendments in this Part are to the Rights in Water and
5 Irrigation Act 1914*.
[* Reprinted as at 10 January 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 391.]
52. Section 2 amended
10 Section 2(1) is amended as follows:
(a) by deleting the definition of "Commission";
(b) by inserting in the appropriate alphabetical positions --
"
"CEO" means the chief executive officer of the
15 Department;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
"officer", in relation to the Corporation, means a
20 member of the staff of the Corporation engaged
under section 15 of the Water Corporation
Act 1995;
"Water Resources Council" means the Water
Resources Council established by section 16 of the
25 Water Agencies (Powers) Act 1984;
".
53. Section 5 amended
Section 5(2) is amended as follows:
(a) after paragraph (a) by inserting --
30 " and ";
page 19
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 54
(b) in paragraph (b) by deleting "Commission" and
inserting instead --
" Minister ";
(c) after paragraph (b) by deleting "; and" and inserting a
5 full stop;
(d) by deleting paragraph (c).
54. Section 5A amended
Section 5A is amended by deleting "appropriated" and inserting
instead --
10 " allocated ".
55. Section 6 amended
Section 6(4)(d) is amended by deleting "and given a report on
them to the Minister".
56. Section 16 amended
15 (1) Section 16(2) is amended as follows:
(a) by deleting "The Commission may, with the approval of
the Minister, in the name and on behalf of the Crown,"
and inserting instead --
" The Minister may ";
20 (b) by deleting "Commission" in the second and third places
where it occurs and inserting instead --
" Minister ".
(2) Section 16(3) is amended by deleting ", the Commission," in
both places where it occurs.
25 57. Section 26B amended
Section 26B(5) is amended by inserting after "26C" --
" and any local by-laws ".
page 20
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 58
58. Section 26GE amended
Section 26GE(3) is amended by inserting after "order" --
" under section 26GD(1) ".
59. Section 26GH amended
5 Section 26GH(2) is amended as follows:
(a) by inserting after "compensation" in the first place
where it occurs --
" under clause 39 of Schedule 1 ";
(b) by deleting "6(b)" and inserting instead --
10 " (6)(b) ".
60. Section 26GL amended
Section 26GL(1) is amended as follows:
(a) by inserting at the end of each of paragraph (b)(i)
and (ii) --
15 " or ";
(b) by deleting paragraph (b)(iv) and inserting the following
subparagraph instead --
"
(iv) are officers of the Department.
20 ".
61. Section 26GS amended
Section 26GS(3) is amended by deleting "neither the
Commission nor the State is" and inserting instead --
" the Crown is not ".
page 21
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 62
62. Section 26GU amended
Section 26GU(1) is repealed and the following subsection is
inserted instead --
"
5 (1) A plan for the purposes of this Act may be prepared by
the Minister.
".
63. Sections 26GX and 26GY amended
Sections 26GX(2)(c)(iii) and (d) and 26GY(2)(b)(iii) are
10 amended by deleting "Commission's" and inserting instead --
" Minister's ".
64. Heading to Part III Division 3D Subdivision 2 amended
The heading to Part III Division 3D Subdivision 2 is amended
by deleting "approval" and inserting instead --
15 " making ".
65. Section 26GZC amended
(1) Section 26GZC(1) and (2) are amended by deleting "submit"
and inserting instead --
" give ".
20 (2) Section 26GZC(3) is amended by deleting "submitted" and
inserting instead --
" given ".
page 22
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 66
66. Section 26GZE replaced
Section 26GZE is repealed and the following section is inserted
instead --
"
5 26GZE. Minister to make plan
(1) The Minister must give the proposed plan, modified as
the Minister thinks fit under section 26GZD, to the
Water Resources Council and indicate the time within
which the Water Resources Council may submit its
10 report under subsection (3).
(2) The plan must be accompanied by --
(a) a summary of all submissions made under
section 26GZB and requests made under
section 26GZC(4); and
15 (b) a report of the Minister indicating the
Minister's opinion of the merits of those
submissions and requests.
(3) The Water Resources Council may submit to the
Minister a report indicating its opinion of the plan and
20 making recommendations about modification and
approval of the plan.
(4) The Minister may make the proposed plan with or
without modifications.
(5) The Minister must not make the plan before the time
25 referred to in subsection (1) has elapsed.
".
67. Section 26GZG amended
After section 26GZG(4) the following subsection is inserted --
"
30 (4a) The Minister must advise the Water Resources Council
of the Minister's decision, and reasons, as to whether
page 23
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 68
action needs to be taken in respect of a plan under
subsection (1).
".
68. Section 26GZI amended
5 Section 26GZI(3) is amended by deleting all of the subsection
from and including "hours at" and inserting instead --
"
hours at the office or offices of the Department
designated by the CEO for the purposes of this
10 subsection.
".
69. Section 26GZK amended
Section 26GZK is amended as follows:
(a) by deleting "Commission" in the first place where it
15 occurs and inserting instead --
" Minister ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" CEO ".
20 70. Section 26GZO amended
Section 26GZO is amended as follows:
(a) by deleting "Commission" in the first, second and third
places where it occurs and inserting instead --
" Minister ";
25 (b) by deleting "Commission" in the fourth place where it
occurs and inserting instead --
" CEO ".
page 24
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 71
71. Section 26GZQ amended
Section 26GZQ(2)(b)(i) is amended by deleting "it" and
inserting instead --
" the CEO ".
5 72. Section 26H amended
(1) Section 26H(1) is amended as follows:
(a) by deleting "Commission, any officer of the
Commission or any person authorised by the
Commission, may" and inserting instead --
10 " Minister may, ";
(b) by deleting "their duties" and inserting instead --
" the Minister's duties ".
(2) Section 26H(1a) is repealed and the following subsection is
inserted instead --
15 "
(1a) The provisions of Part VI of the Water Agencies
(Powers) Act 1984 that regulate entry onto land apply
in relation to any entry under subsection (1).
".
20 (3) Section 26H(2) is amended by deleting "Commission or any
person acting in the exercise of an authorisation conferred under
subsection (1) by the Commission," and inserting instead --
"
Minister or any other person exercising powers under
25 subsection (1)
".
73. Section 26J amended
(1) Section 26J(1) is amended by deleting "Commission shall be
entitled, in the name and on behalf of the Crown, to institute and
page 25
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 74
maintain by any officer of the Commission authorised for that
purpose by the Commission" and inserting instead --
"
Minister, or an officer of the Department authorised by
5 the Minister for the purpose, may institute and maintain
".
(2) Section 26J(2) is amended as follows:
(a) by deleting "Commission" in the first, fourth and fifth
places where it occurs and inserting instead --
10 " Minister ";
(b) by deleting "either the Crown or the Commission or any
person" and inserting instead --
" the Crown or any other person ";
(c) by deleting "or the Commission" in the second place
15 where it occurs;
(d) by deleting "Commission's" and inserting instead --
" Crown's ".
74. Section 26N amended
(1) Section 26N(2)(e) is amended by deleting "Minister" and
20 inserting instead --
" Water Resources Council ".
(2) Section 26N(3) is amended by deleting "(2)(c)" and inserting
instead --
" (2)(d) ".
25 75. Section 26Q amended
Section 26Q(1) is amended by deleting "with the approval of
the Minister,".
page 26
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 76
76. Section 27 amended
(1) Section 27(1)(a) is deleted.
(2) Subsection 27(1) is amended by inserting after
section 27(1)(ga) --
5 "
(h) the fees or charges payable in respect of
licenses under section 5C;
".
(3) At the end of section 27 the following subsection is inserted --
10 "
(3) Without limiting the generality of paragraph (h)
of subsection (1) the fees or charges referred to in
that paragraph may be set by reference to the
volume of water allocated under a license.
15 ".
77. Section 27C amended
Section 27C(2)(a) is amended by deleting "the operations of the
Commission" and inserting instead --
" operations ".
20 78. Section 35 amended
Section 35 is amended as follows:
(a) by deleting ", the Commission" in both places where it
occurs;
(b) by deleting "the Commission or" in the second place
25 where it occurs.
79. Section 36 amended
(1) Section 36 is amended by inserting before "Subject to" the
subsection designation "(1)".
page 27
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 80
(2) At the end of section 36 the following subsection is inserted --
"
(2) This section does not make the Minister or the Crown
liable for anything done or omitted to be done by the
5 Corporation.
".
80. Section 39 replaced
Section 39 is repealed and the following section is inserted
instead --
10 "
39. Allocation of water for irrigation
The Minister may, under Part III, allocate water for the
purposes of this Part.
".
15 81. Section 69 amended
Section 69 is amended by deleting "Commission" and inserting
instead --
" Crown ".
82. Section 70 amended
20 Section 70 is amended as follows:
(a) by deleting "Commission" in the first, third and fourth
places where it occurs and inserting instead --
" Minister ";
(b) by deleting "Commission" in the second place where it
25 occurs and inserting instead --
" Department ".
page 28
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 83
83. Section 71 amended
Section 71 is amended by deleting "Commission" and inserting
instead --
" Crown ".
5 84. Section 73 amended
Section 73 is amended by deleting "Commission" and inserting
instead --
"
Department authorised by the Minister for the purposes
10 of this section
".
85. Section 75 replaced
Section 75 is repealed and the following section is inserted
instead --
15 "
75. Corporation may be represented by officer
In any proceeding before a court, judge or person
acting judicially, any authorised officer of the
Corporation may represent the Corporation in all
20 respects as if he or she were the party concerned.
".
86. Section 79A amended
Section 79A is amended by deleting "chief executive officer of
the Commission or" and inserting instead --
25 " CEO or the chief executive officer of ".
87. Schedule 1 clause 3 amended
Schedule 1 clause 3(d) is amended as follows:
(a) by deleting "is" in the first place where it occurs;
page 29
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 88
(b) in subparagraph (i) by inserting before "authorised" --
" is ".
88. Schedule 1 clause 6 amended
(1) Schedule 1 clause 6(2) is amended as follows:
5 (a) in paragraph (a) by deleting "its" and inserting
instead --
" the Minister's ";
(b) by deleting paragraph (b) and inserting the following
paragraph instead --
10 "
(b) that the applicant has a right to make written
submissions to the Minister, or be heard by a person
designated by the Minister for that purpose, before
the Minister makes a decision on the application.
15 ".
(2) Schedule 1 clause 6(4) is amended by deleting "its" and
inserting instead --
" a ".
89. Schedule 1 clause 12 amended
20 Schedule 1 clause 12(5) is amended by deleting "accountable
authority of the Commission" and inserting instead --
" accountable authority of the Department ".
90. Schedule 1 clause 15 amended
Schedule 1 clause 15(2) is amended by deleting "its" and
25 inserting instead --
" the Minister's ".
page 30
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 91
91. Schedule 1 clause 22 amended
Schedule 1 clause 22(2)(b) is amended by deleting "its" and
inserting instead --
" the ".
5 92. Schedule 1 clause 26 amended
(1) Schedule 1 clause 26(4) is amended as follows:
(a) in paragraph (a) by deleting "its" and inserting
instead --
" the Minister's ";
10 (b) by deleting paragraph (b) and inserting the following
paragraph instead --
"
(b) that the licensee has a right to make written
submissions to the Minister, or be heard by a person
15 designated by the Minister for that purpose, before
the Minister makes a decision to exercise the power.
".
(2) Schedule 1 clause 26(5) is amended by deleting "applicant" and
inserting instead --
20 " licensee ".
(3) Schedule 1 clause 26(6) is amended by deleting "it makes its"
and inserting instead --
" the Minister makes a ".
page 31
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 93
93. Schedule 1 clause 29A inserted
After clause 29 the following clause is inserted --
"
29A. Transfers of licence -- death of licence holder
5 (1) If --
(a) a holder of a licence (the "deceased holder") dies;
and
(b) probate of the will, or letters of administration of
the estate, of the deceased holder is granted before
10 the end of the 12 months immediately following the
death of the deceased holder or that period as
extended under subclause (5) in relation to the
deceased holder,
the executor or administrator becomes, on the grant of
15 probate or letters of administration, the holder of the
deceased holder's interest in the licence to deal with as
executor or administrator.
(2) If the death of a holder of a licence (the "deceased holder")
means that no person holds the licence, the licence does not
20 cease but continues, under this subclause, until the earlier
of --
(a) the end of the 12 months immediately following the
death of the deceased holder or that period as
extended under subclause (5) in relation to the
25 deceased holder; or
(b) the time at which probate of the will, or letters of
administration of the estate, of the deceased holder,
or any other person who was a holder of the licence
at the time of his or her death, is granted.
30 (3) Any thing done or omitted to be done under the licence,
while it continues under subclause (2), on behalf of the
deceased holder, or any other person who was a holder of
the licence at the time of his or her death, is as valid and as
lawful as it would have been if done, or omitted to be done,
35 by the deceased holder or that other person.
page 32
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 94
(4) This clause does not apply so as to extend the term of a
licence that is for a fixed term.
(5) The Minister may, on application, extend the period referred
to in subclause (1)(b) or (2)(a) in relation to a particular
5 deceased holder if the circumstances of the case warrant it.
".
94. Schedule 1 clause 30 amended
Schedule 1 clause 30(5) is amended by deleting "(7)(2)" and
inserting instead --
10 " 7(2) ".
95. Schedule 1 clause 35 amended
(1) Schedule 1 clause 35(6) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
15 " Minister ";
(b) by deleting "an appearance before the Commission" and
inserting instead --
" that the person be heard ";
(c) in paragraph (a) by deleting "the Commission" and
20 inserting instead --
" a person designated by the Minister for that purpose ".
(2) Schedule 1 clause 35(8)(a) is amended by deleting "its" and
inserting instead --
" the Minister's ".
25 96. Heading to Schedule 1 Division 8 amended
The heading to Schedule 1 Division 8 is amended by deleting
"Commission" and inserting instead --
" Minister ".
page 33
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 97
97. Schedule 1 clause 38 amended
Schedule 1 clause 38(1)(d) is amended by deleting "it" in the
second place where it occurs and inserting instead --
" the Minister ".
5 98. Heading to Schedule 1 Division 10 amended
The heading to Schedule 1 Division 10 is amended by deleting
"Commission" and inserting instead --
" Minister ".
99. Schedule 1 clause 40 amended
10 Schedule 1 clause 40(1)(b) is amended by deleting
"Commission" and inserting instead --
" Crown ".
100. Schedule 1 clause 45 amended
Schedule 1 clause 45 is amended by deleting "Commission" in
15 both places where it occurs and inserting instead --
" CEO ".
101. Various references to "Commission" changed to "Minister"
(1) Each provision of the Act listed in the Table to this subsection is
amended by deleting "Commission" in each place where it
20 occurs and inserting instead --
" Minister ".
Table
s. 4(3) s. 26GM(1) and (2)
s. 5C(1)(d) s. 26GP(1) and (2)
s. 6(4) and (6) s. 26GQ
s. 11(1)(a) s. 26GW(2) and (3)
s. 17(3a), (4), (6) and (7) s. 26GX(2) and (3)
page 34
Water Resources Legislation Amendment Bill 2006
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 101
s. 21A(1)(a) s. 26GY(2) and (3)
s. 22(1), (2), (2a), (3) and (4) s. 26GZB(a) and (b)
s. 25(4) and (5) s. 26GZC(1), (2), (3) and (4)
s. 26B(4)(d) and (5)(d) s. 26GZD
s. 26D(1) and (2) s. 26GZG(2), (3), (4) and (5)
s. 26E(1) and (2) s. 26N(2) and (3)
s. 26F(1) and (2) s. 26P(c)
s. 26G(1), (2), (2b) and (4) s. 26Q(1) and (2)
s. 26GC(1) and (4) s. 27A(1)(a) and (c)
s. 26GD(1) and (2) s. 27B
s. 26GE(1) and (2) s. 36
s. 26GG(1) s. 37
s. 26GH(2) s. 38(a), (c) and (d)
s. 26GI s. 66(3)
(2) Each provision of the Act listed in the Table to this subsection is
amended by deleting "it" in each place where it occurs and
inserting instead --
" the Minister ".
5 Table
s. 26GE(2) Sch. 1 cl. 18(3)(b)(ii)
s. 26GZC(2) Sch. 1 cl. 22(2)(b) and (3)(b)
s. 26GZD Sch. 1 cl. 30(5)
Sch. 1 cl. 6(1)(b) and (4) Sch. 1 cl. 31(5)
Sch. 1 cl. 7(2) and (4) Sch. 1 cl. 36(c) and (d)
Sch. 1 cl. 8 Sch. 1 cl. 39(4)
Sch. 1 cl. 17(2)
(3) Each clause of Schedule 1 (other than clauses 6(2)(b), 12(5),
26(4)(b), 35(6), 40(1)(b) and 45) is amended by deleting
"Commission" in each place where it occurs and inserting
instead --
10 " Minister ".
page 35
Water Resources Legislation Amendment Bill 2006
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 102
102. Various references to "Commission" changed to "CEO"
Each provision of the Act listed in the Table to this subsection is
amended by deleting "Commission" in each place where it
occurs and inserting instead --
5 " CEO ".
Table
s. 26GZI(1), (2), (4) and (5) s. 26GZP(1)
s. 26GZJ(1)(e) s. 26GZQ(1) and (2)
s. 26GZL s. 26GZR
s. 26GZM(1) s. 26GZS
s. 26GZN(1)
Note: The heading to section 26J will be altered by deleting "Commission
entitled to" and inserting instead "Minister may".
The headings to sections 26G, 26GC, 26GQ and 26Q and Schedule 1
10 clauses 8, 10, 18, 24, 25, 31, 33, 38, 40 and 41 will be altered by
deleting "Commission" and inserting instead "Minister".
The heading to Schedule 1 clauses 7 and 32 will be altered by deleting
"Commission's" and inserting instead "Minister's".
The heading to section 26GZN will be altered by deleting
15 "Commission" and inserting instead "CEO".
page 36
Water Resources Legislation Amendment Bill 2006
Amendments to the Water Agencies (Powers) Act 1984 Part 6
s. 103
Part 6 -- Amendments to the Water Agencies (Powers)
Act 1984
103. The Act amended
The amendments in this Part are to the Water Agencies
5 (Powers) Act 1984*.
[* Reprinted as at 4 January 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 484 and
Act No. 38 of 2005.]
10 104. Long title amended
The long title is amended by deleting all of the words from and
including "vest powers in the Water Corporation" to and
including "their functions" and inserting instead --
"
15 give the Minister functions and powers, to give the Water
Corporation powers, to make other provision in respect of
their functions, to establish the Water Resources Ministerial
Body and the Water Resources Council
".
20 105. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions --
"
"CEO" means the chief executive officer of the
25 Department;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
"former Commission" means the Water and Rivers
30 Commission established by section 4 of the Water
page 37
Water Resources Legislation Amendment Bill 2006
Part 6 Amendments to the Water Agencies (Powers) Act 1984
s. 105
and Rivers Commission Act 1995 and in existence
before the repeal of that Act;
"Ministerial Body" means the Water Resources
Ministerial Body established by section 11;
5 "officer", in relation to the Corporation, means a
member of the staff of the Corporation engaged
under section 15 of the Water Corporation
Act 1995;
"watercourse" has the meaning given to that term in
10 section 2(1) of the Rights in Water and Irrigation
Act 1914;
"water resources" includes --
(a) watercourses, reservoirs, wetlands, estuaries
and inlets, together with their beds and
15 banks;
(b) aquifers and underground water; and
(c) drainage, surface and surplus water;
"wetland" has the meaning given to that term in
section 2(1) of the Rights in Water and Irrigation
20 Act 1914;
";
(b) in the definition of "statutory authority" by deleting
"Commission" and inserting instead --
" Minister, the CEO ";
25 (c) in the definition of "works" by inserting after "drainage
works" --
" , gauging works, wells, weirs ";
(d) in the definition of "works" by deleting "Commission"
and inserting instead --
30 " Minister ";
(e) by deleting the definitions of "officer", "Commission"
and "watercourse".
page 38
Water Resources Legislation Amendment Bill 2006
Amendments to the Water Agencies (Powers) Act 1984 Part 6
s. 106
(2) Section 3(3) is amended as follows:
(a) by deleting "Commission" in the first, third and fourth
places where it occurs and inserting instead --
" Minister ";
5 (b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ".
106. Section 8 amended
Section 8(3) is amended as follows:
10 (a) by deleting "or the Commission" in the first place where
it occurs and inserting instead --
"
, or the Minister for the purposes of this or a relevant
Act,
15 ";
(b) by deleting "Commission" in the second and third places
where it occurs and inserting instead --
" Minister ".
107. Parts II, IIA and heading to Part IIB inserted
20 After section 8 the following is inserted --
"
Part II -- The Minister and the Water
Resources Ministerial Body
Division 1 -- General functions and powers of
25 the Minister
9. General functions and powers of the Minister
(1) The Minister has the general functions of --
(a) conserving, protecting and managing water
resources;
page 39
Water Resources Legislation Amendment Bill 2006
Part 6 Amendments to the Water Agencies (Powers) Act 1984
s. 107
(b) assessing water resources;
(c) planning for the use of water resources;
(d) promoting the efficient use of water resources;
(e) promoting the efficient provision of water
5 services;
(f) developing plans for and providing advice on
flood management.
(2) The Minister has power to do all things necessary or
convenient to be done for or in connection with the
10 performance of the Minister's functions.
(3) Without limiting subsection (2), the Minister may
acquire, hold, manage, improve, develop, dispose of
and otherwise deal in real and personal property,
including for the general purposes of the Department.
15 (4) In performing the Minister's functions under this
section --
(a) the Minister is to have regard to water recycling
and efficient water use measures when planning
the development of new water resources; and
20 (b) the Minister, where appropriate, is to promote
decision making processes that involve public
consultation.
10. Functions and powers of the Minister --
relationship to other functions and powers and to
25 the Corporation
(1) A function or power given to the Minister by this Act is
in addition to any other function or power of the
Minister.
(2) If the Corporation has a function or power under this
30 Act that corresponds to a function or power that the
Minister has under this Act, the Minister is not to
perform that function or exercise that power in
page 40
Water Resources Legislation Amendment Bill 2006
Amendments to the Water Agencies (Powers) Act 1984 Part 6
s. 107
substitution for the Corporation performing that
function or exercising that power, unless the contrary
intention appears or the context otherwise requires.
Division 2 -- The Water Resources Ministerial Body
5 11. The Water Resources Ministerial Body
(1) The Water Resources Ministerial Body is established.
(2) The Ministerial Body is a body corporate with
perpetual succession.
(3) Proceedings may be taken by or against the Ministerial
10 Body in its corporate name.
(4) The Ministerial Body is to be governed by the
Minister.
(5) The Ministerial Body is an agent of the Crown and has
the status, immunities and privileges of the Crown.
15 12. Purpose and nature of the Ministerial Body
(1) The Ministerial Body is established to provide a body
corporate through which the Minister can perform any
of the Minister's functions under this Act, a relevant
Act, the Land Administration Act 1997 or the Public
20 Works Act 1902 that can more conveniently be
performed by a body corporate than an individual.
(2) Despite the employment under the Public Sector
Management Act 1994 of ministerial officers for the
purpose of assisting the Minister to perform functions
25 that the Minister performs through the Ministerial
Body, the Ministerial Body and those officers are not
an organisation for the purposes of that Act.
13. Execution of documents by the Ministerial Body
(1) The Ministerial Body is to have a common seal.
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(2) A document is duly executed by the Ministerial Body
if --
(a) the common seal of the Ministerial Body is
affixed to it in accordance with subsections (3)
5 and (4); or
(b) it is signed on behalf of the Ministerial Body by
the Minister; or
(c) it is signed on behalf of the Ministerial Body,
as authorised under subsection (5), by the CEO
10 or another officer of the Department.
(3) The common seal of the Ministerial Body is not to be
affixed to a document except as authorised by the
Ministerial Body.
(4) The common seal of the Ministerial Body is to be
15 affixed to a document in the presence of the Minister,
and the Minister is to sign the document to attest that
the common seal was so affixed.
(5) The Ministerial Body may, by writing under its seal,
authorise the CEO or another officer of the Department
20 to sign documents on behalf of the Ministerial Body,
either generally or subject to any conditions or
restrictions specified in the authorisation.
(6) A document purporting to be executed in accordance
with this section is to be presumed to be duly executed
25 until the contrary is shown.
(7) A document executed by the CEO or another person
under this section without the common seal of the
Ministerial Body is not to be regarded as a deed unless
it is executed as a deed as authorised under
30 subsection (5).
(8) When a document is produced bearing a seal
purporting to be the common seal of the Ministerial
Body, it is to be presumed that the seal is the common
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seal of the Ministerial Body until the contrary is
shown.
(9) For the purposes of this Act, a facsimile of --
(a) the Ministerial Body's seal; or
5 (b) the signature of the Minister or a person
authorised under subsection (5) to execute
deeds or other documents,
may be used, and a deed or other document purporting
to be endorsed with such a facsimile is, until the
10 contrary is shown, to be regarded as bearing the
facsimile under this subsection.
Division 3 -- Minister to have access to certain
information
14. Minister to have access to certain information
15 (1) The Minister may direct a water service licensee to
give the Minister specified information, or information
relevant to a specified matter, that the Minister
considers is relevant to the Minister's functions under,
or relating to, this Act or a relevant Act.
20 (2) The direction must be in writing, must specify the time
period (in days) within which it must be complied with
and may specify the form and manner in which the
information is to be provided.
(3) The licensee must comply with the direction even
25 though the direction requires the licensee to give the
Minister information that is confidential or
commercially sensitive.
(4) If the licensee objects to the direction the licensee is to
notify the Minister, in writing within 7 days of receipt
30 of the direction, of its objection and any reasons for it.
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(5) If the licensee gives a notice to the Minister under
subsection (4) --
(a) the Minister is to consult with the ERA
Minister and, having regard to those
5 consultations, is to cancel or confirm the
direction; and
(b) the licensee is not required to comply with the
direction unless it is confirmed.
(6) If the Minister confirms a direction --
10 (a) the Minister must notify the licensee; and
(b) the time period within which the direction must
be complied with commences on the day on
which it is confirmed.
(7) The licensee, a subsidiary of the licensee or a person
15 performing functions for or on behalf of the licensee or
subsidiary incurs no civil or criminal liability as a
result of complying with the direction, and is not to be
regarded for any purpose as being in breach of any
duty of confidentiality.
20 (8) A water services licensee that does not comply with a
direction that has not been objected to or that has been
confirmed commits an offence.
Penalty: $5 000.
(9) The Minister must cause a copy of a direction under
25 subsection (1) (other than a direction that has been
cancelled) to be laid before each House of Parliament,
or dealt with under section 110, within 14 days after
the day on which the direction is given or confirmed
(which ever is the later).
30 (10) The annual report submitted by the accountable
authority of the Department under Part 5 of the
Financial Management Act 2006 is to list each
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direction under subsection (1) in the year (other than a
direction that has been cancelled).
(11) For the purposes of subsection (9) or (10), the Minister
or the accountable authority (which ever is relevant)
5 may obliterate or omit so much of the direction as is
necessary to avoid disclosing confidential or
commercially sensitive material.
(12) In this section --
"ERA Minister" means the Minister administering the
10 Economic Regulation Authority Act 2003;
"water services licensee" means a licensee as defined
in section 3 of the Water Services Licensing
Act 1995.
15. Use or disclosure of information obtained under
15 section 14
(1) This section applies to the Minister, a ministerial
officer assisting the Minister, an officer of the
Department and a person who was such a person.
(2) Despite anything else in this Act or a relevant Act, a
20 person to whom this section applies must not disclose
information obtained, whether directly or indirectly,
under section 14 unless --
(a) it is disclosed in the course of duty to a person
who is an officer of the Department; or
25 (b) the Minister considers the disclosure to be in
the public interest; or
(c) it is disclosed under a written law.
Penalty: $12 000 and imprisonment for one year.
(3) If the Minister proposes to disclose information under
30 subsection (2)(b), the Minister must notify the person
who gave the information under section 14, unless the
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Minister considers that it would be contrary to the
public interest to delay the disclosure.
(4) The Minister must take into account any comments or
objections received, within 7 days of giving the
5 notification, from the person notified.
(5) This section does not apply to the extent to which --
(a) the information is already in the public domain;
or
(b) the information is summary or statistical
10 information that could not reasonably be
expected to enable particulars relating to a
person or a particular commercial operation to
be ascertained; or
(c) the disclosure of the information is authorised
15 by the person who gave the information under
section 14.
(6) In this section --
"ministerial officer" has the meaning given to that
term in the Public Sector Management Act 1994.
20 Part IIA -- The Water Resources Council
16. Water Resources Council established
The Minister is to appoint 6, 7 or 8 persons to be the
members of a body called the Water Resources
Council.
25 17. Membership of the Council
(1) The Minister is, to the extent practicable, to choose the
members of the Council in such a way that its
membership covers or includes --
(a) expertise or experience in water resources
30 management; and
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(b) expertise or experience in conservation; and
(c) expertise or experience in economic
development; and
(d) expertise or experience in community interests;
5 and
(e) expertise or experience in law (in the natural
resources field); and
(f) expertise or experience in mining; and
(g) expertise or experience in agriculture; and
10 (h) an indigenous person; and
(i) a person who lives in regional Western
Australia.
(2) The Minister is to designate one of the members as the
chairman.
15 18. Functions of the Council
(1) The Council has the following functions --
(a) advising the Minister in relation to the
management of water resources generally and
on any matter that the Minister refers to it for
20 advice;
(b) consulting with persons, or bodies, having
functions under, or related to the purposes of, a
water resources Act;
(c) advising the Minister on whether the objectives
25 of each water resources Act are being achieved.
(2) In this section --
"water resources Act" means an Act that the Minister
administers, to the extent to which the Act relates
to water resources.
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19. Term of office
(1) The term for which a person is appointed to be a
member of the Council is to be fixed in the instrument
of appointment and is not to exceed 3 years.
5 (2) A person's eligibility for reappointment or the term for
which a person may be reappointed is not affected by
an earlier appointment.
20. Casual vacancy
(1) A member of the Council may at any time resign from
10 office by notice in writing given to the Minister.
(2) The Minister may remove a person who is a member of
the Council from office on the grounds of --
(a) mental or physical incapacity to carry out the
person's duties in a satisfactory manner; or
15 (b) the person being an insolvent under
administration within the meaning of that term
in the Corporations Act 2001 of the
Commonwealth; or
(c) neglect of duty; or
20 (d) misconduct.
(3) If a member of the Council dies, resigns, or is removed
from office, the office of the member becomes vacant.
21. Remuneration and allowances
Members of the Council are entitled to any
25 remuneration and allowances that the Minister may
from time to time determine on the recommendation of
the Minister for Public Sector Management.
22. Quorum
A quorum for a meeting of the Council is any
30 4 members.
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23. Presiding at meetings
(1) The chairman, if present, is to preside at a meeting of
the Council.
(2) If the chairman is not presiding under subsection (1),
5 the members present at the meeting are to appoint one
of their number to preside.
24. Disclosure of interests by Council members
(1) A member of the Council who has a direct or indirect
pecuniary interest in a matter that is before a meeting
10 of the Council must, as soon as possible after the
relevant facts have come to his or her knowledge,
disclose the nature of the interest to the Council
members who are at that meeting.
(2) If a member of the Council has, in the opinion of the
15 person presiding at a meeting of the Council, a direct or
indirect pecuniary interest in a matter before that
meeting, the person presiding may call on the member
to disclose the nature of that interest and, in default of
any such disclosure, may determine that that interest
20 exists.
(3) A disclosure by a member of an interest in a matter or a
determination that a member is interested in a matter
must be recorded in the record of the meeting
concerned.
25 (4) A member who has made a disclosure of an interest in
a matter, or in respect of whom a determination has
been made in relation to a matter, may take part in the
consideration or discussion of the matter, but not in
advising, or any decision related to advising, the
30 Minister on the matter.
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(5) An interest need not be disclosed under this section if it
is an interest common to a significant number of
persons in the State.
25. Procedure at meetings
5 Except as otherwise stated in this Act, the Council is to
determine its own meeting procedures.
26. Minutes
The Council is to cause accurate minutes to be kept of
the proceedings at its meetings.
10 27. Staff and other resources of the Council
(1) There is to be an executive officer of the Council.
(2) The executive officer and any other staff whose
assistance the executive officer needs are to be made
available by the CEO on terms agreed to by the
15 chairman of the Council and the CEO.
(3) The Council may make use of the services and
facilities of the Department on terms agreed to by the
chairman of the Council and the CEO.
28. Application of the Financial Administration and
20 Audit Act 1985
Acts or things done by or for the Council under this or
a relevant Act are to be regarded --
(a) as services under the control of the Department
for the purposes of section 52 of the Financial
25 Management Act 2006; and
(b) as part of the operations of the Department for
the purposes of Part 5 of that Act.
Part IIB -- Regulations and by-laws
".
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108. Section 34 amended
(1) Section 34(1) is amended by deleting "Commission, the
Corporation or the Coordinator" and inserting instead --
" Minister or the Corporation ".
5 (2) Section 34(3)(k) is amended by deleting "and confer functions
on the Coordinator in relation to those matters".
109. Section 36 amended
(1) Section 36(1) is amended as follows:
(a) paragraph (c) is deleted and the following paragraph is
10 inserted instead --
"
(c) as to provide that where, by reason of the
unavailability of materials or any other reason
that the Minister or the Corporation considers
15 valid, any requirement imposed by the Minister
or the Corporation cannot be conformed to in
any particular case, the Minister or the
Corporation may in writing dispense with that
requirement and instead require the use of
20 materials or any other matters which the
Minister or the Corporation considers to be
appropriate; or
";
(b) by inserting at the end of each of paragraphs (a)
25 and (b) --
" or ".
(2) Section 36(6) is amended as follows:
(a) by deleting "Commission" in the first and third places
where it occurs and inserting instead --
30 " Minister ";
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(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ".
110. Section 38 amended
5 Section 38(1) is amended by deleting "the Commission or".
111. Section 62 amended
(1) Section 62(1) is amended by deleting "its" and inserting
instead --
" the Minister's or the Corporation's ".
10 (2) Section 62(3) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Crown ";
(b) in paragraph (a) by deleting "Commission" and inserting
15 instead --
" Minister ";
(c) in paragraph (b) by deleting "Commission" in the first
place where it occurs and inserting instead --
" Minister ";
20 (d) in paragraph (b) by deleting "Commission" in the
second place where it occurs and inserting instead --
" Crown ".
112. Section 63 amended
(1) Section 63(1) is amended as follows:
25 (a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Crown ";
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(b) by deleting "Commission" in the second and third places
where it occurs and inserting instead --
" Minister ".
(2) Section 63(2) is amended as follows:
5 (a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Crown ";
(b) by deleting "Commission" in the second, third and
fourth places where it occurs and inserting instead --
10 " CEO ".
113. Section 66 amended
Section 66 is amended by deleting "Commission" and inserting
instead --
" CEO ".
15 114. Section 70 amended
Section 70(2) is amended as follows:
(a) by deleting "a person authorized by the Commission or"
and inserting instead --
" the Minister or a person authorised by ";
20 (b) by deleting "authorized" in the second place where it
occurs and inserting instead --
" authorised ";
(c) by deleting "Commission" in the second and third places
where it occurs and inserting instead --
25 " Minister ".
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Water Resources Legislation Amendment Bill 2006
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115. Section 71 amended
Section 71(3) is repealed and the following subsection is
inserted instead --
"
5 (3) Whenever the Minister, or the Corporation by its
officers or agents, enters or has entered on or into any
land, premises or thing the person responsible for the
conduct of the entry shall, on request, produce
evidence of his designation or appointment and give
10 particulars of the power conferred on the Minister or
the Corporation by virtue of which the person claims a
right of entry.
".
116. Section 72 amended
15 (1) Section 72(6) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Minister ";
(b) by deleting "authorize the Commission or the
20 Corporation by its officers" and inserting instead --
"
authorise an officer of the Department, or the
Corporation by its officers,
".
25 (2) Section 72(7) is amended by deleting "its" and inserting
instead --
" the Minister's or the Corporation's ".
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117. Section 73 amended
(1) Section 73(1) is amended as follows:
(a) by deleting "Commission or the Corporation an officer
of the Commission" in the first place where it occurs
5 and inserting instead --
"
Minister or the Corporation, an officer of the
Department
";
10 (b) by deleting "act on behalf of the Commission" and
inserting instead --
" exercise a power of the Minister ";
(c) by deleting "Commission" in the fourth, fifth and sixth
places where it occurs and inserting instead --
15 " Minister ".
(2) Section 73(3) is amended by deleting "Commission" and
inserting instead --
" Department ".
118. Section 78 amended
20 (1) Section 78(1) is amended as follows:
(a) by deleting "Commission" in the first and third places
where it occurs and inserting instead --
" Minister ";
(b) by deleting "or the Commission" and inserting
25 instead --
" , the former Commission, the Minister ".
(2) Section 78(2) is amended by deleting "or the Commission" and
inserting instead --
" , the former Commission, the Minister ".
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119. Section 79 amended
Section 79 is amended by deleting "Commission" in the first,
third and fourth places where it occurs and inserting instead --
" Minister ".
5 120. Section 81 amended
(1) Section 81(1) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Crown ";
10 (b) by deleting "subsection (1) of section 84" and inserting
instead --
" section 84(1) or (1a) ";
(c) by deleting "subsection (2) of that section to be vested in
the Commission" and inserting instead --
15 " section 84(2) to be vested in the Minister ".
(2) Section 81(2) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Crown ";
20 (b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Minister ".
(3) Section 81(3) is amended as follows:
(a) by deleting "Commission" in the first and fourth places
25 where it occurs and inserting instead --
" Crown ";
(b) by deleting "Commission" in the second and third places
where it occurs and inserting instead --
" Minister ".
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(4) Section 81(4) is amended as follows:
(a) by deleting "Commission" in the first, second and third
places where it occurs and inserting instead --
" Minister ";
5 (b) by deleting "its" and inserting instead --
" the Minister's ";
(c) by deleting "directed the Commission" and inserting
instead --
" decided ";
10 (d) by deleting all of the words from and including "as may
in the opinion" to and including "be necessary".
(5) Section 81(5) is amended by deleting "required".
(6) Section 81(6) is amended as follows:
(a) by deleting "Commission" in the first and third places
15 where it occurs and inserting instead --
" Minister ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Crown ".
20 (7) Section 81(8) is repealed and the following subsection is
inserted instead --
"
(8) For the purposes of this Act or a relevant Act, the
Minister may exercise or delegate any power that is by
25 the Public Works Act 1902 or Parts 9 and 10 of the
Land Administration Act 1997 vested in the relevant
Minister and in so far as that Act applies, or those Parts
apply, to or in relation to the compulsory taking of any
land, or the entry on, occupation or use of any land,
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under this Act or a relevant Act, any reference in that
Act or those Parts --
(a) to the relevant Minister, may be read for the
purposes of this Act or a relevant Act as a
5 reference to the Minister; and
(b) to the department of the Public Service
principally assisting the relevant Minister in the
administration of that Act or those Parts, may
be read for the purposes of this Act or a
10 relevant Act as a reference to the Department,
and that Act or those Parts may be construed
accordingly.
".
(8) Section 81(10) is repealed.
15 (9) Section 81(11) is amended as follows:
(a) by deleting "Commission" in the first and second places
where it occurs and inserting instead --
" Minister ";
(b) by deleting all of the subsection after "the Minister" and
20 inserting instead --
" may vary the taking accordingly. ".
(10) Section 81(12) is amended as follows:
(a) by deleting "Minister administering that Act" and
inserting instead --
25 " Land Administration Minister ";
(b) by deleting "that Minister" and inserting instead --
" the Land Administration Minister ".
(11) Section 81(14) is amended as follows:
(a) by deleting "subsections (8) and (9)" and inserting
30 instead --
" this section ";
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(b) by inserting in the appropriate alphabetical position --
"
"Land Administration Minister" means the Minister
administering the Land Administration Act 1997;
5 ".
121. Section 82 amended
After section 82(1) the following subsection is inserted --
"
(1aa) The conservation, protection or management of water
10 resources is to be regarded as a public work for the
purposes of this Act and Part 9 of the Land
Administration Act 1997, even though the
conservation, protection or management of water
resources may be achieved on or in relation to an area
15 of land without any works being carried out on the
land.
".
122. Section 83 amended
Section 83(1a) is amended as follows:
20 (a) by deleting "its" in the first place where it occurs and
inserting instead --
" the Minister's ";
(b) in paragraph (a) by deleting "its" and inserting
instead --
25 " the Minister's ".
123. Section 84 amended
(1) Section 84(1) is amended by deleting "the Commission or".
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s. 124
(2) After section 84(1) the following subsection is inserted --
"
(1a) Where the Minister places or has placed, or causes or
permits or has caused or permitted any works or other
5 things to be placed upon, in, over or under any land for
the purposes of this Act or a relevant Act those works
or other things shall be taken to have been lawfully so
placed.
".
10 (3) Section 84(4) is amended by inserting after "former
Authority" --
" , to the former Commission ".
124. Section 86 amended
Section 86 is amended as follows:
15 (a) in the definition of "exempt works", in paragraph (c), by
deleting "Commission" and inserting instead --
" Minister ";
(b) in the definition of "major works", in paragraph (b)(ii),
by deleting "directs the Commission or" and inserting
20 instead --
" in the case of the Corporation -- directs ".
125. Section 87 amended
(1) Section 87 is amended as follows:
(a) by inserting before "The" the subsection designation
25 "(1)";
(b) by deleting "Commission or the" in both places where it
occurs.
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(2) At the end of section 87 the following subsection is inserted --
"
(2) The Minister may carry out, or undertake the
construction or provision of, major works, if --
5 (a) the Minister has complied with sections 88 and
89; and
(b) the Minister is satisfied that any objections or
comments lodged under section 89 have been
met by amendment of the proposal for the
10 major works or that it is not in the public
interest to amend the proposal; and
(c) a notice of the decision to carry out, or
undertake the construction of or provide, the
works has been published in the Government
15 Gazette.
".
126. Section 88 amended
Section 88(1) is amended as follows:
(a) by deleting "Commission or the Corporation shall" in
20 the first place where it occurs and inserting instead --
"
Minister must, before carrying out, construction or
provision of major works, and the Corporation must
";
25 (b) in paragraph (a) by deleting all of the paragraph from
and including "copies to be deposited" and inserting
instead --
"
copies, to be deposited in the office of the
30 Department or Corporation nearest to the
locality in which the proposed works are to be
situated; and
".
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s. 127
127. Section 89 amended
Section 89(3) is amended as follows:
(a) by deleting "but" and inserting instead --
" and, in the case of the Corporation, ";
5 (b) by inserting after "for authorization" --
" , the Corporation ".
128. Section 90 amended
(1) Section 90(1) is amended by deleting "the Commission or" in
both places where it occurs.
10 (2) Section 90(2) is amended by deleting "Commission or the".
129. Section 91 amended
(1) Section 91(1) and (3) are amended by deleting "the Commission
or".
(2) After section 91(3) the following subsections are inserted --
15 "
(4) If the Minister proposes that major work be
substantially altered or extended, the Minister must
decide whether the procedures in sections 88 and 89
should be complied with in relation to the alteration or
20 extension.
(5) If the Minister decides that the procedures in
sections 88 and 89 should be complied with in relation
to the alteration or extension, section 87(2) applies in
relation to the alteration or extension as if the
25 references to major works were references to the
alteration or extension.
".
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130. Section 93 amended
Section 93(1) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
5 " Minister ";
(b) in paragraph (a) by deleting all of the paragraph from
and including "deposited" and inserting instead --
"
deposited in the office of the Department or
10 Corporation nearest to the locality in which the
proposed works are to be situated;
".
131. Section 95 amended
(1) Section 95(1), (2) and (3) are amended by deleting "the
15 Commission or" in each place where it occurs.
(2) After section 95(4) the following subsection is inserted --
"
(5) Where the Minister has complied with the requirements
of sections 93 and 94 and --
20 (a) no objections or comments have been received
by the time specified in the notices served
pursuant to section 93(1); or
(b) the Minister is satisfied that any objections or
comments material to the proposal have been
25 met or that it is not in the public interest that
they be met,
the Minister is authorised to proceed to carry out,
construct or provide the general works.
".
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Water Resources Legislation Amendment Bill 2006
Part 6 Amendments to the Water Agencies (Powers) Act 1984
s. 132
132. Section 97 amended
(1) Section 97(3) is amended by deleting "authorized" and inserting
instead --
" of authorised works ".
5 (2) Section 97(4) is amended by deleting all of the subsection from
and including "he may authorize" and inserting instead --
"
the Minister may --
(a) in the case of works of the Corporation --
10 authorise the carrying out of the works as so
varied; or
(b) in the case of works of the Minister -- carry
out the works as so varied,
despite the provisions of sections 88, 89 and 90, or 93,
15 94 and 95, not having been complied with.
".
133. Section 103 amended
Section 103(11) is amended by deleting "Commission" and
inserting instead --
20 " CEO ".
134. Part X inserted
After section 103 the following Part is inserted --
"
Part X -- Administrative provisions
25 104. Delegation by the Minister
(1) The Minister may delegate to --
(a) the CEO; or
(b) another officer of the Department; or
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s. 134
(c) an officer of another department or an
employee of an organisation; or
(d) another Minister; or
(e) the employing authority of another department
5 or organisation; or
(f) any other person or body (whether incorporated
or not),
any power or duty of the Minister under a provision of
this or a relevant Act (other than this section and
10 sections 14 and 106).
(2) Without limiting the things that may be delegated to
the CEO under subsection (1), they include things that
are to be done in the course of governing the affairs of
the Ministerial Body under section 11(4).
15 (3) The delegation must be in writing signed by the
Minister.
(4) A person to whom a power or duty is delegated under
subsection (1)(b), (c) or (f) cannot delegate that power
or duty.
20 (5) A delegation under subsection (1)(d) may expressly
authorise the other Minister to further delegate the
power or duty but only to an officer or employee of a
department administered by the other Minister.
(6) A delegation under subsection (1)(a) or (e) may
25 expressly authorise the delegate to further delegate the
power or duty but only to an officer or employee of the
department or organisation.
(7) A person exercising or performing a power or duty that
has been delegated to the person under, or as
30 authorised under, this section is to be taken to do so in
accordance with the terms of the delegation unless the
contrary is shown.
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s. 134
(8) Nothing in this section limits the ability of --
(a) the Minister to perform a function through an
officer or agent; and
(b) a Minister or employing authority to whom a
5 power or duty is delegated under this section
from exercising that power or performing that
duty through an officer or agent.
(9) In this section, "department", "employing authority"
and "organisation" each have the meaning given to
10 them in section 3 of the Public Sector Management
Act 1994.
105. Delegation by the CEO
(1) The CEO may delegate to --
(a) another officer of the Department; or
15 (b) the employing authority of another department
or an organisation; or
(c) an officer of another department or an
employee of an organisation; or
(d) any other person or body (whether incorporated
20 or not),
any power or duty of the CEO under another provision
of this or a relevant Act.
(2) The delegation must be in writing signed by the CEO.
(3) Except in the case of an officer of the Department, a
25 power or duty can only be delegated to a person or
body under subsection (1) if the person or body has
been approved, or is in a class of person or body
approved, by the Minister for the purposes of this
section.
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s. 134
(4) A person to whom a power or duty is delegated under
subsection (1)(a), (c) or (d) cannot delegate that power
or duty.
(5) A delegation under subsection (1)(b) may expressly
5 authorise the delegate to further delegate the power or
duty but only to an officer or employee of the
department or organisation.
(6) A person or body exercising or performing a power or
duty that has been delegated to the person or body
10 under, or as authorised under, this section is to be taken
to do so in accordance with the terms of the delegation
unless the contrary is shown.
(7) Nothing in this section limits the ability of --
(a) the CEO to perform a function through an
15 officer or agent; and
(b) an employing authority to whom a power or
duty is delegated under this section from
exercising that power or performing that duty
through an officer or agent.
20 (8) In this section, "department", "employing authority"
and "organisation" each have the meaning given to
them in section 3 of the Public Sector Management
Act 1994.
106. Directions about Government policy
25 (1) The Minister may, in writing, direct the Water
Corporation or a water board to have regard to a
general policy of the Government relating to water
resources, to the extent specified in the direction.
(2) The Minister must cause a copy of a direction under
30 subsection (1) to be laid before each House of
Parliament, or dealt with under section 110, within
14 days after the day on which the direction is given.
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s. 134
(3) The text of a direction under subsection (1) is to be
included in the annual report submitted by the
accountable authority of the Department under Part 5
of the Financial Management Act 2006.
5 (4) In this section --
"water board" means a water board constituted under
section 6 of the Water Boards Act 1904;
"Water Corporation" means the Water Corporation
established by section 4 of the Water Corporation
10 Act 1995.
107. Non-public sector staff
(1) The CEO may engage persons as wages staff otherwise
than under the Public Sector Management Act 1994.
(2) Persons referred to in subsection (1) are to be
15 employed, subject to any relevant industrial award,
order or agreement, on such terms and conditions as
the CEO determines.
(3) Nothing in subsection (2) affects the operation of the
Workplace Agreements Act 1993 or Part VID of the
20 Industrial Relations Act 1979 or section 100 of the
Public Sector Management Act 1994.
108. Provision of staff, services and facilities
(1) The CEO may arrange with a related entity to provide
it with the use of --
25 (a) the services of any officer or employee of the
Department; and
(b) any services or facilities of the Department,
that are necessary for the entity to perform its
functions.
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s. 134
(2) This section does not limit any power the related entity
has to engage its own staff or provide its own facilities,
or to enter into any other arrangement for the provision
to it of staff, services or facilities.
5 (3) In this section --
"related entity" means --
(a) a body (whether incorporated or not); or
(b) the holder of an office; or
(c) a person,
10 established by or under, or having functions under,
this Act or a relevant Act.
109. Advisory committees
(1) The Minister may establish committees for the purpose
of advising the Minister on any aspect of the
15 administration of this or a relevant Act, with terms of
reference in each case determined by the Minister.
(2) A member of a committee is entitled to the
remuneration and allowances (if any) determined by
the Minister, on the recommendation of the Minister
20 for Public Sector Management.
(3) The terms and conditions, other than those referred to
in subsection (2), applicable to or in relation to a
person appointed to a committee are to be determined
by the Minister, from time to time either generally or
25 with respect to a particular appointment.
(4) This section does not limit the Minister's power to
establish committees for any other purpose.
110. Laying documents before Parliament
(1) If a provision of this Act requires the Minister to cause
30 a document to be laid before each House of Parliament,
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Water Resources Legislation Amendment Bill 2006
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s. 134
or be dealt with under this section, within a period
and --
(a) at the commencement of the period, a House of
Parliament is not sitting; and
5 (b) the Minister is of the opinion that the House
will not sit during that period,
the Minister must transmit a copy of the document to
the Clerk of that House.
(2) A copy of a document transmitted to the Clerk of a
10 House is to be regarded as having been laid before that
House.
(3) The laying of a copy of a document that is regarded as
having occurred under subsection (2) is to be recorded
in the Minutes, or Votes and Proceedings, of the House
15 on the first sitting day of the House after the Clerk
received the copy.
111. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for
anything that the person has done, in good faith, in the
20 performance or purported performance of a function
under this or a relevant Act.
(2) The protection given by subsection (1) applies even
though the thing done as described in that subsection
may have been capable of being done whether or not
25 this or the relevant Act had been enacted.
(3) Despite subsection (1), the Crown is not relieved of
any liability that it might have for another person
having done anything as described in that subsection.
(4) Subsection (1) does not apply in respect of the
30 Corporation.
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Water Resources Legislation Amendment Bill 2006
Amendments to the Water Agencies (Powers) Act 1984 Part 6
s. 134
(5) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
112. Confidentiality
(1) A person who misuses confidential information
5 obtained by reason of any function that person has, or
at any time had, in the administration of this or a
relevant Act commits an offence.
Penalty: $12 000 and imprisonment for one year.
(2) A person misuses confidential information if it is,
10 directly or indirectly, recorded, used or disclosed to
another person, other than --
(a) in the course of duty; or
(b) under this or a relevant Act or any other written
law; or
15 (c) with the written permission of the CEO; or
(d) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
or
20 (e) with the consent of the person or persons to
whom the information relates; or
(f) in circumstances prescribed by the regulations.
(3) This section does not apply --
(a) to or in respect of the Corporation; or
25 (b) to information to which section 15 applies.
(4) In this section --
"confidential information" means information that
has not been made public and that --
(a) is by its nature confidential; or
30 (b) was specified to be confidential by the
person who supplied it; or
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Water Resources Legislation Amendment Bill 2006
Part 6 Amendments to the Water Agencies (Powers) Act 1984
s. 135
(c) is known by the person using or disclosing it
to be confidential.
".
135. Various references to "Commission" changed to "Minister"
5 Each provision of the Act listed in the Table to this section is
amended by deleting "Commission" in each place where it
occurs and inserting instead --
" Minister ".
Table
s. 34(3)(b) s. 82(1)
s. 36(3), (4) and (7) s. 83(1a), (2) and (3)
s. 62(1) s. 84(2), (3) and (4)
s. 70(1) and (3) s. 88(1)(c)
s. 71(1) and (2) s. 89(2) and (3)
s. 72(1), (2), (4) and (7) s. 92
s. 73(4) s. 93(1)(b) and (2)
s. 75(1) and (2) s. 94(2) and (3)
s. 77(1), (2) and (3) s. 96
s. 81(5), (7), (9), (12) and (13) s. 97(1), (2) and (3)
10 Note: The heading to sections 8 and 96 will be altered by deleting
"Commission" and inserting instead "Minister".
The heading to section 81 will be altered by deleting "Commission" and
inserting instead "Crown".
The heading to section 90 will be altered by adding at the end
15 " -- proposals of the Corporation".
page 72
Water Resources Legislation Amendment Bill 2006
Amendments to the Water Corporation Act 1995 Part 7
s. 136
Part 7 -- Amendments to the Water Corporation
Act 1995
136. The Act amended
The amendments in this Part are to the Water Corporation
5 Act 1995*.
[* Reprint 2 as at 4 July 2004.]
137. Section 7 amended
After section 7(2)(a) the following paragraph is inserted --
"
10 (ab) each nomination is made only after consultation
with the Minister administering the Water
Agencies (Powers) Act 1984; and
".
138. Section 49 amended
15 (1) Section 49 is amended by inserting before "The" the subsection
designation "(1)".
(2) At the end of section 49 the following subsection is inserted --
"
(2) If the Minister does not administer the Water Agencies
20 (Powers) Act 1984, the Minister must consult with the
Minister administering that Act prior to taking an
action under subsection (1).
".
139. Section 58 amended
25 (1) Section 58 is amended by inserting before "The" the subsection
designation "(1)".
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Water Resources Legislation Amendment Bill 2006
Part 7 Amendments to the Water Corporation Act 1995
s. 139
(2) At the end of section 58 the following subsection is inserted --
"
(2) If the Minister does not administer the Water Agencies
(Powers) Act 1984, the Minister must consult with the
5 Minister administering that Act prior to taking an
action under subsection (1).
".
page 74
Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 140
Part 8 -- Amendments to the Waterways Conservation
Act 1976
140. The Act amended
The amendments in this Part are to the Waterways Conservation
5 Act 1976*.
[* Reprinted as at 20 September 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 491 and
Act No. 38 of 2005.]
10 141. Long title amended
The long title is amended by deleting ", for the establishment of
a Rivers and Estuaries Council and certain Management
Authorities".
142. Heading to Part 1 inserted
15 Before section 1 the following heading is inserted --
"
Part 1 -- Preliminary
".
143. Section 3 amended
20 Section 3(1) is amended as follows:
(a) by deleting the definitions of "Commission",
"committee", "Council", "Management Authority" or
"Authority" and "the Environmental Protection
Authority";
25 (b) by inserting in the appropriate alphabetical positions --
"
"CEO" means the chief executive officer of the
Department;
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 144
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
".
5 144. Section 5 amended
Section 5(3)(c) is amended by deleting "and in the event of any
dispute thereon the provisions of section 15 shall apply".
145. Section 8 amended
Section 8(2) is amended by deleting "it" and inserting
10 instead --
" the Minister ".
146. Heading to Part 2 inserted
After section 8 the following heading is inserted --
"
15 Part 2 -- Application of the Act
".
147. Section 9 amended
(1) Section 9(1) is amended by deleting "The powers of the
Commission apply" and inserting instead --
20 " This Act applies ".
(2) Section 9(2) is repealed.
(3) Section 9(3) is amended by deleting "the powers of the
Commission and the relevant Authority shall be deemed to
apply" and inserting instead --
25 " this Act applies ".
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Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 148
148. Section 10 amended
(1) Section 10(1) is amended as follows:
(a) by deleting "Environmental Protection Authority" and
inserting instead --
5 " Minister ";
(b) in paragraph (a) by deleting "constitute a Management
Authority for the area,";
(c) in paragraph (a) by deleting "and place the area under
the control and management of the Authority so
10 constituted";
(d) in paragraph (c) by deleting "dissolve a Management
Authority, or".
(2) Section 10(2) is repealed.
(3) Section 10(4) is amended by deleting "the area to which the
15 powers of the Commission or an Authority are to apply unless,
in the opinion of the Commission" and inserting instead --
" a management area unless, in the opinion of the Minister ".
(4) Section 10(5) is amended as follows:
(a) by deleting "the waters and associated land to which the
20 powers of the Commission or an Authority apply or are
to apply" and inserting instead --
" a management area ";
(b) by deleting "section 36 of the Interpretation Act 1918"
and inserting instead --
25 " section 42 of the Interpretation Act 1984 ".
149. Heading to Part 3 inserted
After section 10 the following heading is inserted --
"
Part 3 -- Functions of the Minister
30 ".
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 150
150. Sections 11 to 30 replaced by sections 11 and 12
Sections 11 to 30 are repealed and the following sections are
inserted instead --
"
5 11. Functions of the Minister
(1) The Minister has the overall responsibility for the
conservation of the waters and associated land to which
this Act applies and for --
(a) the preservation and enhancement of the quality
10 of the environment and amenity of those waters
and that land; and
(b) the control and prevention of any act or
omission which may cause the pollution of
those waters or that land.
15 (2) In addition to any other functions of the Minister, the
Minister has the following functions --
(a) to maintain and manage all areas to which this
Act applies and to carry out works for the
purposes of improving and maintaining the
20 condition of the waters and associated land to
which this Act applies;
(b) to carry out, or cause to be carried out, river
training, dredging, reclamation and structural
works;
25 (c) to control, under the regulations, acts or
omissions which may cause the pollution of
waters and associated land to which this Act
applies;
(d) to promote coordinated action by owners and
30 occupiers of land, and public authorities having
the control of land adjacent to or associated
with any of the waters to which this Act
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Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 150
applies, for the control and prevention of
pollution;
(e) to establish and develop criteria for the
assessment of the extent of environmental
5 change or pollution;
(f) to specify standards and criteria and the
methods of sampling and testing to be used for
any purpose;
(g) to conduct or promote relevant research or enter
10 into projects for research or the collation of
information;
(h) to provide advice and disseminate knowledge
on the conservation and good management of
rivers, inlets and estuaries and of associated
15 lands;
(i) to publish reports and provide information for
the purpose of increasing public awareness of
the problems and remedies that exist in relation
to environmental pollution as it relates to
20 waters and associated land;
(j) to carry out, or cause to be carried out, works
for the preservation or enhancement of
amenities or facilities for recreation;
(k) to control, under the regulations, the excision or
25 reclamation of any waters or associated land;
(l) generally promote, encourage, coordinate and
carry out planning and projects in the
management and conservation of rivers, inlets
and estuaries.
30 (3) In performing his or her functions under this Act, the
Minister may arrange for local governments and other
public authorities to carry out works and may finance
the works or reimburse the local government or
authority concerned.
page 79
Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 150
12. Performance of the functions of the Minister
(1) The Minister is to perform his or her functions under
this Act --
(a) to the extent practicable, in consultation with
5 relevant bodies, residents and other persons
affected by the operation of this Act; and
(b) to the extent practicable, jointly with relevant
bodies, residents and other persons affected by
the operation of this Act.
10 (2) In relation to a management area, the Minister is to
perform his or her functions under this Act --
(a) in a way that is consistent with the management
programme for that area and any working plan
included in that programme; and
15 (b) having regard to --
(i) the interests of navigation, fisheries,
agriculture, water supply and recreation
in the area; and
(ii) the natural beauty and amenity of the
20 area; and
(iii) the preservation of public rights of
access to the area; and
(iv) the rights acquired by persons in
relation to boat houses, jetties and other
25 structures to the extent that the exercise
of those rights is not likely to impair the
environment.
(3) In subsection (1) --
"relevant bodies", for any particular area to which this
30 Act applies, means --
(a) the local government or governments for the
area; and
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Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 151
(b) any other public authority exercising
functions in relation to the area; and
(c) other bodies representing persons interested
in the use of the waters and land in the area.
5 ".
151. Heading to Part 4 and section 30 inserted
Before section 31 the following heading and section are
inserted --
"
10 Part 4 -- Agreements, management
programmes and consultation
30. Covenants
The Minister may take and enforce covenants as to the
conservation of the land and waters to which this Act
15 applies to the same extent as if the Minister were
possessed of adjacent land for the benefit of which the
covenant is to have effect.
".
152. Section 31 amended
20 Section 31(1) is amended by deleting "Commission or a
Management Authority" and inserting instead --
" Minister ".
153. Section 32 amended
(1) Section 32(1) is amended as follows:
25 (a) by deleting "Minister administering the Land
Administration Act 1997" and inserting instead --
" Land Administration Minister ";
(b) by deleting "Commission" and inserting instead --
" Minister ".
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 154
(2) Section 32(2) is amended as follows:
(a) by deleting "Minister referred to in that subsection" and
inserting instead --
" Land Administration Minister ";
5 (b) in paragraph (b) by deleting "Commission" in each
place where it occurs and inserting instead --
" Minister ";
(c) by deleting "that Minister" and inserting instead --
" the Land Administration Minister ".
10 (3) After section 32(2) the following subsection is inserted --
"
(3) In this section --
"Land Administration Minister" means the Minister
administering the Land Administration Act 1997.
15 ".
154. Section 33 amended
(1) Section 33(1) is repealed and the following subsection is
inserted instead --
"
20 (1) The Minister may refer to a local government any
matter that may affect the district of the local
government for any information and advice the local
government may be able to offer and is to have regard
to the views of the local government.
25 ".
(2) Section 33(3) is amended as follows:
(a) by deleting "Commission or the relevant Management
Authority" and inserting instead --
" Minister ";
30 (b) by deleting "an Authority" and inserting instead --
" the Minister ";
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Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 155
(c) by deleting "Commission or that Management
Authority" and inserting instead --
" Minister ".
155. Section 34 repealed
5 Section 34 is repealed.
156. Section 35 amended
(1) Section 35(1) is amended as follows:
(a) by deleting "Commission, in consultation with the
relevant Management Authority and" and inserting
10 instead --
" Minister, in consultation ";
(b) by deleting all of the subsection from and including "in
relation to" and inserting instead --
"
15 in relation to waters and associated land to which this
Act applies, during the period to which the programme
relates.
".
(2) Section 35(2) is amended by deleting "Commission or relevant
20 Management Authority" and inserting instead --
" Minister ".
(3) Section 35(4) is amended as follows:
(a) by deleting "Proposals" and inserting instead --
"
25 The Minister must consult publicly, in accordance with
section 78, in relation to proposals
";
(b) by deleting "shall be brought to the notice of persons
likely to be affected by being published in a newspaper
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 156
circulating in the locality and in such other manner as
the Minister may direct, but" and inserting instead --
" and ";
(c) by deleting "that newspaper, indicates that the
5 representations" and inserting instead --
"
the newspaper referred to in section 78(3), indicates
that submissions
".
10 (4) Section 35(5) is amended by deleting all of the subsection from
and including "with the approval of " and inserting instead --
" by the Minister. ".
(5) Section 35(6) is amended by deleting "Commission and the
relevant Management Authority" and inserting instead --
15 " CEO ".
(6) Section 35(7) is repealed and the following subsection is
inserted instead --
"
(7) If the Minister considers it appropriate, the Minister
20 may conduct a public inquiry into the establishment of
a management programme for the first time for an area
and the regulations may provide for the conduct of
such an inquiry.
".
25 (7) Section 35(8) is amended by deleting "the Management
Authority and the Commission recommend and the Minister
approves" and inserting instead --
" the Minister considers appropriate ".
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Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 157
(8) Section 35(9) is amended as follows:
(a) by deleting "Commission may, with the approval of the
Minister," and inserting instead --
" Minister may ";
5 (b) by deleting "on behalf of the Commission or
Management Authority, and whether or not under the
direction of the Commission or that Authority" and
inserting instead --
" , whether or not under the direction of the Minister ".
10 157. Section 36 amended
(1) Section 36(1) is amended by deleting "Commission" in the first,
third, fourth and fifth places where it occurs and inserting
instead --
" Minister ".
15 (2) Section 36(2) is amended as follows:
(a) in paragraph (a) by deleting "to it";
(b) in paragraph (b) by deleting "its" and inserting
instead --
" the Minister's ";
20 (c) in paragraph (b) by deleting "Commission's" and
inserting instead --
" Minister's ".
(3) Section 36(3) is amended as follows:
(a) by deleting "it has furnished its" and inserting instead --
25 " the Minister has given the ";
(b) by deleting "it" in the second place where it occurs and
inserting instead --
" the Minister ".
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 158
(4) Section 36(4) is amended as follows:
(a) by deleting "it" and inserting instead --
" the Minister ";
(b) by deleting "its" in both places where it occurs.
5 158. Section 37 amended
(1) Section 37(1) is amended as follows:
(a) by deleting "the powers of the Commission apply" and
inserting instead --
" this Act applies ";
10 (b) by deleting "Commission" in the second and third places
where it occurs and inserting instead --
" Minister ";
(c) by deleting "and the relevant Management Authority all
such aid, information and facilities as are practicable,
15 and the Commission shall report to the Minister on the
matter when and as often as the Minister requires" and
inserting instead --
"
such aid, information and facilities as are practicable
20 ".
(2) Section 37(2) is amended by deleting "in any management area
or area to which section 31 or section 32 applies" and inserting
instead --
" to which this Act applies ".
25 159. Section 38 amended
Section 38(1) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Minister ";
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Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 160
(b) by deleting "the powers of the Commission apply" and
inserting instead --
" this Act applies ".
160. Sections 39 to 45 repealed
5 Sections 39, 42, 43 and 45 are repealed.
161. Heading to Part 5 inserted
Before section 46 the following heading is inserted --
"
Part 5 -- Protection of waters and land
10 ".
162. Section 46 amended
Section 46(2) is repealed.
163. Section 48 amended
(1) Section 48(1) is amended by deleting "for the time being subject
15 to the powers of the Commission" and inserting instead --
" to which this Act applies ".
(2) Section 48(3) and (4) are repealed.
(3) Section 48(5a) is amended by deleting "1948" and inserting
instead --
20 " 1982 ".
(4) Section 48(9) is amended by deleting "of an offence against
subsection (3), or".
164. Section 49 amended
Section 49(1) is amended by deleting "Commission or a
25 Management Authority" and inserting instead --
" Minister ".
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 165
165. Section 50 amended
(1) Section 50(1) is amended as follows:
(a) by deleting "Commission, or the relevant Management
Authority," and inserting instead --
5 " Minister ";
(b) by deleting "for the time being subject to its control"
and inserting instead --
" to which this Act applies ".
(2) Section 50(2) is amended as follows:
10 (a) by deleting "Commission and any Management
Authority" and inserting instead --
" Minister ";
(b) by deleting "subject to its control or on any associated
land" and inserting instead --
15 " or associated land to which this Act applies ".
166. Section 51 amended
Section 51 is amended by deleting "or a Management
Authority".
167. Section 52 amended
20 Section 52 is amended as follows:
(a) by deleting "Commission or a Management Authority"
and inserting instead --
" Minister ";
(b) by deleting "subject to its control" and inserting
25 instead --
" to which this Act applies ";
(c) by deleting "Commission or that Authority" in both
places where it occurs and inserting instead --
" Minister ".
page 88
Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 168
168. Section 53 amended
Section 53 is amended as follows:
(a) by deleting "Commission or a Management Authority"
and inserting instead --
5 " Minister ";
(b) by deleting "Commission or that Authority" in the first
place where it occurs and inserting instead --
" Minister ";
(c) by deleting "Commission or that Authority, as the case
10 may be," and inserting instead --
" Minister ".
169. Headings to Part 6 and Division 1 inserted
After section 53 the following headings are inserted --
"
15 Part 6 -- General provisions
Division 1 -- By-laws
".
170. Section 54 replaced
Section 54 is repealed and the following section is inserted
20 instead --
"
54. By-laws
(1) The Minister may make by-laws for the purposes of
this Act that are applicable in the management area or
25 areas specified in the by-laws.
(2) By-laws may be made under subsection (1) prescribing
or providing for any matter --
(a) that is required or permitted by this Act to be
prescribed or provided for by by-laws; or
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 171
(b) that is necessary or convenient to be prescribed
for the purpose of achieving the objects of
this Act.
(3) Before the Minister makes, amends or repeals any
5 by-laws the Minister must consult publicly, in
accordance with section 78.
".
171. Section 56 amended
(1) Section 56(2) and (3) are repealed and the following subsection
10 is inserted instead --
"
(2) If there is conflict or inconsistency between the
provisions of a by-law made under this Act and the
provisions of a local law made under this Act, the
15 provisions of the by-law prevail to the extent of the
conflict or inconsistency.
".
(2) Section 56(5) is repealed and the following subsection is
inserted instead --
20 "
(5) Local laws made under this section are to be prepared
according to the same procedures and requirements as
if prepared by the local government under and for the
purposes of the provisions of the Local Government
25 Act 1995.
".
172. Section 57 amended
Section 57 is amended by deleting "made under this Act by a
Management Authority or a local government" and inserting
30 instead --
" or local law made under this Act ".
page 90
Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 173
173. Sections 58 and 59 repealed
Sections 58 and 59 are repealed.
174. Heading to Division 2 inserted
Before section 61 the following heading is inserted --
5 "
Division 2 -- Enforcement provisions
".
175. Section 61 amended
(1) Section 61(1) is repealed.
10 (2) Section 61(2) is amended by deleting all of the words from and
including ", but" to and including "for that area".
(3) Section 61(5)(a) is amended as follows:
(a) by deleting subparagraph (i) and inserting instead --
"
15 (i) a conservation and land management
officer, forest officer, wildlife officer or
ranger, under the Conservation and
Land Management Act 1984; or
";
20 (b) by deleting subparagraphs (iii) and (iv).
176. Section 62 amended
(1) Section 62(1) is repealed.
(2) Section 62(2) is amended by deleting all of the words from and
including ", but" to and including "for that area".
25 177. Section 63 amended
(1) Section 63(1)(a) and (b) are deleted.
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 178
(2) Section 63(5) is amended by deleting "Commission or a
specified Management Authority" and inserting instead --
" Minister ".
178. Section 64 amended
5 Section 64 is amended by deleting "Commission or to the
Management Authority for the area concerned" and inserting
instead --
" Minister ".
179. Sections 66 and 67 repealed
10 Sections 66 and 67 are repealed.
180. Heading to Division 3 inserted
Before section 68 the following heading is inserted --
"
Division 3 -- General offence and procedural provisions
15 ".
181. Section 69 amended
Section 69(3) is amended as follows:
(a) by deleting "Commission or the relevant Management
Authority" and inserting instead --
20 " Minister ";
(b) by deleting "Commission or that Authority" and
inserting instead --
" Minister ".
182. Section 71 amended
25 Section 71(2)(c) is amended by deleting "Commission or a
Management Authority on behalf of the Commission" and
inserting instead --
" Minister ".
page 92
Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 183
183. Section 75 amended
(1) Section 75(1) is repealed and the following subsection is
inserted instead --
"
5 (1) In a prosecution or in other legal proceedings instituted
under this Act, proof of the following is not required
unless evidence is given to the contrary --
(a) the particular or general appointment of a
person by the CEO under this Act;
10 (b) authorisation by the Minister of a person to
make a complaint, prosecute an offence or
otherwise institute proceedings under this Act.
".
(2) Section 75(2) is amended by deleting "land or waters under the
15 control or management of the Commission or a Management
Authority" and inserting instead --
" waters or associated land to which this Act applies ".
(3) Section 75(3)(a) and (b) are amended by deleting "Commission
or a Management Authority" and inserting instead --
20 " Minister ".
(4) Section 75(4)(b) and (5) are amended by deleting "chief
executive officer of the Commission" and inserting instead --
" CEO ".
(5) Section 75(7) is amended by deleting ", the Chairman of a
25 Management Authority, or the chief executive officer or other
authorised officer of the Commission or of a Management
Authority" and inserting instead --
"
, the CEO, a delegate of the minister or CEO or a
30 person otherwise authorised or appointed by the
Minister or the CEO under this Act
".
page 93
Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 184
(6) Section 75(8) is repealed.
(7) Section 75(9) is amended by deleting "section 36(2) of the
Interpretation Act 1918" and inserting instead --
" section 42(2) of the Interpretation Act 1984 ".
5 184. Heading to Division 4 and sections 76 to 81 inserted
After section 75 the following heading and sections are
inserted --
"
Division 4 -- Administrative provisions
10 76. Delegation by the Minister
(1) The Minister may delegate to --
(a) the CEO; or
(b) another officer of the Department; or
(c) an officer of another department or an
15 employee of an organisation; or
(d) another Minister; or
(e) the employing authority of another department
or organisation; or
(f) any other person or body (whether incorporated
20 or not),
any power or duty of the Minister under another
provision of this Act.
(2) The delegation must be in writing signed by the
Minister.
25 (3) A person to whom a power or duty is delegated under
subsection (1)(b), (c) or (f) cannot delegate that power
or duty.
(4) A delegation under subsection (1)(d) may expressly
authorise the other Minister to further delegate the
page 94
Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 184
power or duty but only to an officer or employee of a
department administered by the other Minister.
(5) A delegation under subsection (1)(a) or (e) may
expressly authorise the delegate to further delegate the
5 power or duty but only to an officer or employee of the
department or organisation.
(6) A person exercising or performing a power or duty that
has been delegated to the person under, or as
authorised under, this section is to be taken to do so in
10 accordance with the terms of the delegation unless the
contrary is shown.
(7) Nothing in this section limits the ability of --
(a) the Minister to perform a function through an
officer or agent; and
15 (b) a Minister or employing authority to whom a
power or duty is delegated under this section
from exercising that power or performing that
duty through an officer or agent.
(8) In this section, "department", "employing authority"
20 and "organisation" each have the meaning given to
them in section 3 of the Public Sector Management
Act 1994.
77. Delegation by the CEO
(1) The CEO may delegate to --
25 (a) another officer of the Department; or
(b) the employing authority of another department
or organisation; or
(c) an officer of another department or an
employee of an organisation; or
30 (d) any other person or body (whether incorporated
or not),
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Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 184
any power or duty of the CEO under another provision
of this Act.
(2) The delegation must be in writing signed by the CEO.
(3) Except in the case of an officer of the Department, a
5 power or duty can only be delegated to a person or
body under subsection (1) if the person or body has
been approved, or is in a class of person or body
approved, by the Minister for the purposes of this
section.
10 (4) A person to whom a power or duty is delegated under
subsection (1)(a), (c) or (d) cannot delegate that power
or duty.
(5) A delegation under subsection (1)(b) may expressly
authorise the delegate to further delegate the power or
15 duty but only to an officer or employee of the
department or organisation.
(6) A person or body exercising or performing a power or
duty that has been delegated to the person or body
under, or as authorised under, this section is to be taken
20 to do so in accordance with the terms of the delegation
unless the contrary is shown.
(7) Nothing in this section limits the ability of --
(a) the CEO to perform a function through an
officer or agent; and
25 (b) an employing authority to whom a power or
duty is delegated under this section from
exercising that power or performing that duty
through an officer or agent.
(8) In this section, "department", "employing authority"
30 and "organisation" each have the meaning given to
them in section 3 of the Public Sector Management
Act 1994.
page 96
Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 184
78. Public consultation
(1) If the Minister considers it appropriate to do so, or is
required to do so by this Act, the Minister must consult
publicly on any proposal for making, amending or
5 repealing regulations, by-laws, a management
programme or a working plan.
(2) To consult publicly, the Minister must --
(a) if the Minister is of the opinion that the
proposal may affect the functions of a body that
10 is responsible for the planning for, or
management of, a natural resource -- submit
the proposal to that body; and
(b) call for public comment on the proposal in
accordance with subsection (3); and
15 (c) consider any submissions made by a body to
which a proposal was submitted or a person
under subsection (3).
(3) The Minister is taken to have complied with
subsection (2)(b) if the Minister --
20 (a) publishes in 2 issues of a daily newspaper
circulating in the area or areas concerned a
notice outlining the proposal; and
(b) includes in the notice a statement --
(i) specifying the places at which a copy of
25 the proposal may be inspected or
obtained; and
(ii) indicating that written submissions on
the proposal may be made by any
person within a specified period; and
30 (iii) showing the address to which
submissions may be delivered or posted.
page 97
Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 184
(4) The period specified under subsection (3)(b)(ii) is not
to be less than 30 days after both of the notices referred
to in subsection (3)(a) have been published.
79. Information officially obtained to be confidential
5 (1) A person who misuses confidential information
obtained by reason of any function that person has, or
at any time had, in the administration of this Act
commits an offence.
Penalty: $10 000 or 12 months imprisonment.
10 (2) A person misuses confidential information if it is,
directly or indirectly, recorded, used, or disclosed to
another person, other than --
(a) in the course of duty; or
(b) under this Act or another law; or
15 (c) with the consent of the CEO; or
(d) for the purposes of the investigation of any
suspected offence or the conduct of
proceedings against any person for an offence;
or
20 (e) with the consent of the person or persons to
whom the information relates; or
(f) in circumstance prescribed in the regulations.
(3) In this section --
"confidential information" means information that
25 has not been made public and that --
(a) is by its nature confidential; or
(b) was specified to be confidential by the
person who supplied it; or
(c) is known by the person using or disclosing it
30 to be confidential.
page 98
Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 184
80. Annual reports
(1) The Minister may delete from --
(a) a copy of a report under the Financial
Management Act 2006 (and any accompanying
5 document) that is to be laid before a House of
Parliament or made public; or
(b) any other document of the Department that is to
be, or might be, made public,
information that is of a commercially sensitive nature,
10 despite section 64 of the Financial Management
Act 2006 or an obligation, however arising, to make the
document public.
(2) Subsection (1) does not apply to the extent to which --
(a) the information is already in the public domain;
15 or
(b) the information is summary or statistical
information that could not reasonably be
expected to enable particulars relating to any
person to be ascertained; or
20 (c) disclosure of the information is authorised by
each person or organisation to whom it relates.
(3) A copy of a document from which any matter has been
deleted must --
(a) contain a statement, at the place in the
25 document where the matter was deleted,
detailing the reasons for the deletion; and
(b) be accompanied by an opinion from the Auditor
General stating that the information deleted is
commercially sensitive.
page 99
Water Resources Legislation Amendment Bill 2006
Part 8 Amendments to the Waterways Conservation Act 1976
s. 185
81. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person other
than the Crown for anything that the person has done,
in good faith, in the performance or purported
5 performance of a function under this Act.
(2) The protection given by subsection (1) applies even
though the thing done as described in that subsection
may have been capable of being done whether or not
this Act had been enacted.
10 (3) Despite subsection (1), the Crown is not relieved of
any liability that it might have for another person
having done anything as described in that subsection.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
15 ".
185. Section 76 renumbered
Section 76 is renumbered as 82.
186. Section 76 (as renumbered) amended
(1) Section 76(1) (as renumbered) is repealed and the following
20 subsection is inserted instead --
"
(1) The Governor may make regulations prescribing all
matters that are required or permitted by this Act to be
prescribed, or are necessary or convenient to be
25 prescribed for giving effect to the purposes of this Act.
".
page 100
Water Resources Legislation Amendment Bill 2006
Amendments to the Waterways Conservation Act 1976 Part 8
s. 187
(2) Section 76(2) (as renumbered) is amended as follows:
(a) in paragraph (a) by deleting "land and waters under the
control or management of the Commission or a
Management Authority" and inserting instead --
5 " waters or associated land to which this Act applies ";
(b) in paragraph (f) by deleting "for the form and use of the
seal of the Commission and the conduct of proceedings
of the Commission and of the Management
Authorities,".
10 187. Schedule repealed
The Schedule is repealed.
188. Various references to "Commission" changed to "Minister"
Each provision of the Act listed in the Table to this section is
amended by deleting "Commission" in each place where it
15 occurs and inserting instead --
" Minister ".
Table
s. 5(3) s. 47(1), (3), (4), (5), (6), (7),
s. 8(1) and (2) (8) and (9)
s. 36(2), (3), (4) and (5) s. 48(7) and (8)
s. 37(2) s. 51
s. 38(2)
s. 46(3), (4), (5), (6), (7), (8),
(9), (10) and (11)
Note: The heading to section 32 will be altered by deleting "Commission" and
inserting instead "Minister".
page 101
Water Resources Legislation Amendment Bill 2006
Part 9 Repeal of Acts
s. 189
Part 9 -- Repeal of Acts
189. The Water and Rivers Commission Act 1995 repealed
The Water and Rivers Commission Act 1995 is repealed.
190. The Water Supply, Sewerage, and Drainage Act 1912
5 repealed and savings provision
(1) The Water Supply, Sewerage, and Drainage Act 1912 is
repealed.
(2) Despite the repeal of the Water Supply, Sewerage, and
Drainage Act 1912, the effect of section 2(4) and (5) continues
10 in respect of any act, matter or thing in respect of which those
subsections had effect prior to their repeal.
page 102
Water Resources Legislation Amendment Bill 2006
Consequential amendments to other Acts Part 10
s. 191
Part 10 -- Consequential amendments to other Acts
191. Conservation and Land Management Act 1984 amended
(1) The amendments in this section are to the Conservation and
Land Management Act 1984*.
5 [* Reprint 5 as at 24 September 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 77 and
Act No. 38 of 2005.]
(2) Section 3 is amended as follows:
10 (a) by inserting in the appropriate alphabetical position --
"
"Minister (Water Resources)" means the Minister
administering the Water Agencies (Powers)
Act 1984;
15 ";
(b) in the definition of "public water catchment area" in
paragraph (a) by deleting "Water and Rivers
Commission" and inserting instead --
" Minister (Water Resources) ";
20 (c) by deleting the definition of "Water and Rivers
Commission".
(3) Section 53 is amended by deleting the definition of "Minister
for Water Resources".
(4) Section 54(3)(a)(iii) is amended by deleting "Water and Rivers
25 Commission" and inserting instead --
" Minister (Water Resources) ".
(5) Section 58(3) is amended by deleting "Water and Rivers
Commission" and inserting instead --
" Minister (Water Resources) ".
page 103
Water Resources Legislation Amendment Bill 2006
Part 10 Consequential amendments to other Acts
s. 192
(6) Section 59(7) is amended by deleting "Minister for Water
Resources" and inserting instead --
" Minister (Water Resources) ".
192. Constitution Acts Amendment Act 1899 amended
5 (1) The amendments in this section are to the Constitution Acts
Amendment Act 1899*.
[* Reprint 13 as at 18 March 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 89 and
10 Acts No. 18 and 38 of 2005.]
(2) Schedule V Part 3 is amended as follows:
(a) by deleting the item relating to the board of management
of the Water and Rivers Commission;
(b) by deleting the item relating to management authorities
15 under the Waterways Conservation Act 1976;
(c) by deleting the item relating to the Rivers and Estuaries
Council established by the Waterways Conservation
Act 1976;
(d) by inserting before the item relating to the Western
20 Australia Marine Manning Committee the following
item --
"
The Water Resources Council established by the Water
Agencies (Powers) Act 1984.
25 ".
page 104
Water Resources Legislation Amendment Bill 2006
Consequential amendments to other Acts Part 10
s. 193
193. Energy Operators (Powers) Act 1979 amended
(1) The amendments in this section are to the Energy Operators
(Powers) Act 1979*.
[* Reprint 4 as at 23 September 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 146 and
Acts No. 33 of 2004, 18 and 38 of 2005 and 8 of 2006.]
(2) Section 42(2)(a) is amended by deleting "Water and Rivers
Commission established by the Water and Rivers Commission
10 Act 1995" and inserting instead --
"
Minister referred to in the Water Agencies
(Powers) Act 1984
".
15 194. Environmental Protection Act 1986 amended
(1) The amendments in this section are to the Environmental
Protection Act 1986*.
[* Reprint 5 as at 16 September 2005.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2005, Table 1, p. 148 and
Act No. 38 of 2005.]
(2) Section 57 is amended as follows:
(a) in subsection (2)(b)(ii) by deleting "the Water and
Rivers Commission" and inserting instead --
25 "
a person nominated by the Minister
(Water Resources)
";
(b) in subsection (3) by deleting "or from the Water and
30 Rivers Commission";
page 105
Water Resources Legislation Amendment Bill 2006
Part 10 Consequential amendments to other Acts
s. 195
(c) in subsection (5) by deleting the definition of "Water
and Rivers Commission" and inserting instead --
"
"Minister (Water Resources)" means the Minister
5 administering the Water Agencies (Powers)
Act 1984.
".
195. Financial Management Act 2006 amended
(1) The amendment in this section is to the Financial Management
10 Act 2006*.
[* Act No. 76 of 2006.
For subsequent amendments see Act No. 77 of 2006.]
(2) Schedule 1 is amended by deleting "Water and Rivers
Commission".
15 196. Land Administration Act 1997 amended
(1) The amendments in this section are to the Land Administration
Act 1997*.
[* Reprint 2 as at 24 June 2005.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2005, Table 1, p. 242 and
Acts No. 18 and 38 of 2005.]
(2) Section 160(1)(e) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
25 " CEO ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ".
page 106
Water Resources Legislation Amendment Bill 2006
Consequential amendments to other Acts Part 10
s. 197
197. Public Sector Management Act 1994 amended
(1) The amendment in this section is to the Public Sector
Management Act 1994*.
[* Reprint 6 as at 14 May 2004.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 368-9
and Act No. 18 of 2005.]
(2) Schedule 2 is amended by deleting item 56.
198. Public Works Act 1902 amended
10 (1) The amendments in this section are to the Public Works
Act 1902*.
[* Reprinted as at 1 June 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 373 and
15 Act No. 18 of 2005.]
(2) Section 5A(ea) is amended by deleting "Water and Rivers
Commission Act 1995" and inserting instead --
" Water Agencies (Powers) Act 1984 ".
(3) Section 5B(1)(da) is amended by deleting "Water and Rivers
20 Commission established by the Water and Rivers Commission
Act 1995 or an officer of that commission" and inserting
instead --
"
chief executive officer of the department
25 principally assisting that Minister in the
administration of the Water Agencies (Powers)
Act 1984 or an officer of that department
".
page 107
Water Resources Legislation Amendment Bill 2006
Part 10 Consequential amendments to other Acts
s. 199
199. Sentencing Act 1995 amended
(1) The amendments in this section are to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
For subsequent amendments see Western Australian
5 Legislation Information Tables for 2005, Table 1, p. 412.]
(2) Schedule 1 is amended by deleting the item relating to the
Waterways Conservation Act 1976.
200. Soil and Land Conservation Act 1945 amended
(1) The amendment in this section is to the Soil and Land
10 Conservation Act 1945*.
[* Reprint 6 as at 3 October 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 417-8
and Act No. 38 of 2005.]
15 (2) Section 4 is amended in the definition of "Public Authority" by
deleting paragraph (e).
201. Water Boards Act 1904 amended
(1) The amendments in this section are to the Water Boards
Act 1904*.
20 [* Reprint 5 as at 12 August 2005.]
(2) Section 3(1) is amended by deleting the definition of
"Commission".
(3) Sections 36(1)(c) and (d) and 37 are amended by deleting
"Commission" in each place where it occurs and inserting
25 instead --
" Minister ".
page 108
Water Resources Legislation Amendment Bill 2006
Transitional provisions Part 11
Interpretation Division 1
s. 202
Part 11 -- Transitional provisions
Division 1 -- Interpretation
202. Terms used in this Part
In this Part --
5 "assets" means property of any kind whether tangible or
intangible, real or personal and, without limiting that
meaning, includes --
(a) any chose in action; and
(b) goodwill; and
10 (c) any right, interest or claim of any kind,
whether arising from, accruing under, created or evidenced
by or the subject of, an instrument or otherwise and
whether liquidated or unliquidated, actual, contingent or
prospective;
15 "CEO" means the chief executive officer of the Department;
"Commission" means the Water and Rivers Commission
established by the Water and Rivers Commission Act 1995
section 4 and in existence before the repeal of that Act;
"Department" means the department of the Public Service
20 principally assisting in the administration of the Water
Agencies (Powers) Act 1984;
"former body" means the Commission or a former
Management Authority;
"former Management Authority" means a Management
25 Authority constituted under the Waterways Conservation
Act 1976 sections 10 and 14 as in force before the transfer
time;
"liability" means any liability, duty or obligation --
(a) whether actual, contingent or prospective, liquidated
30 or unliquidated; or
page 109
Water Resources Legislation Amendment Bill 2006
Part 11 Transitional provisions
Division 1 Interpretation
s. 202
(b) whether owed alone or jointly or jointly and severally
with any other person;
"management area" has the meaning given by the Waterways
Conservation Act 1976 section 3(1);
5 "Minister" means the Minister administering the Water
Agencies (Powers) Act 1984;
"Ministerial Body" means the Water Resources Ministerial
Body established by the Water Agencies (Powers) Act 1984
section 11;
10 "Minister for the Environment" means the Minister to whom
the administration of the Environmental Protection
Act 1986 is committed;
"relevant successor" means --
(a) the Minister in relation to a former body and a
15 function of the former body that, after the transfer
time, became a function of the Minister; and
(b) the CEO in relation to a former body and a function
of the former body that, after the transfer time,
became a function of the CEO; and
20 (c) the State in relation to assets and liabilities
transferred to the State by section 205; and
(d) the Ministerial Body in relation to assets and
liabilities transferred to the Ministerial Body by
section 205;
25 "repealed Act" means the Water and Rivers Commission
Act 1995;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
"transfer order" means an order under section 204;
30 "transfer time" means the time at which section 4 comes into
operation.
page 110
Water Resources Legislation Amendment Bill 2006
Transitional provisions Part 11
Transfer of assets, liabilities, accounts, proceedings etc. Division 2
s. 203
203. Interpretation Act 1984 not limited
This Part does not limit the operation of the Interpretation
Act 1984.
Division 2 -- Transfer of assets, liabilities, accounts,
5 proceedings etc.
204. Minister to make transfer orders
(1) As soon as is practicable after this section comes into operation
the Minister is to make and publish in the Gazette a transfer
order that --
10 (a) specifies which assets and liabilities of the Commission
are to be assigned to the Ministerial Body by operation
of section 205; and
(b) specifies proceedings in which the Ministerial Body is to
be substituted for the Commission as a party by
15 operation of section 205; and
(c) specifies any agreement or instrument that, by operation
of section 205, is to have effect as if references to the
State or the Ministerial Body were substituted, in
accordance with the order, for references in it to the
20 Commission; and
(d) specifies land the care, control and management of
which is to be placed with the Minister for the
Environment by operation of section 206.
(2) A transfer order may also deal with incidental or supplementary
25 matters and has effect accordingly.
(3) The transfer order may specify things by reference to schedules
which --
(a) need not be published in the Gazette; but
(b) must be available for public inspection,
30 and anything specified in a Schedule is to be taken to be
specified in the order.
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Water Resources Legislation Amendment Bill 2006
Part 11 Transitional provisions
Division 2 Transfer of assets, liabilities, accounts, proceedings etc.
s. 205
(4) A thing may be specified in a transfer order by describing the
class to which it belongs.
(5) Before a transfer order is made specifying anything by reference
to a Schedule, a copy of which will be required to be delivered
5 to a relevant official under section 210, the Minister is to
consult with the, or each, relevant official as to the form and
content of the Schedule.
(6) To the extent to which a Schedule to a transfer order relates to
the functions of the Registrar of Titles, the Schedule is to be in a
10 form that meets the requirements of the Registrar.
(7) A thing done by, under or for the purposes of this Part is not
invalid merely because subsection (5) or (6) was not complied
with.
(8) A transfer order can only be made before the transfer time.
15 (9) The fact that a previous transfer order has been made does not
prevent a further transfer order from being made.
(10) A transfer order, or a Schedule to which it refers, may be
amended by the Minister, by further order published in the
Gazette, but no such amendment may be made after the transfer
20 time.
205. Transfer of assets and liabilities
If a transfer order is made, then --
(a) at the transfer time --
(i) the assets of the Commission specified in the
25 transfer order are, by operation of this section,
assigned to the Ministerial Body; and
(ii) the rest of the assets of the Commission are, by
operation of this section, assigned to the State;
and
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Water Resources Legislation Amendment Bill 2006
Transitional provisions Part 11
Transfer of assets, liabilities, accounts, proceedings etc. Division 2
s. 205
(b) at the transfer time --
(i) the liabilities of the Commission specified in the
transfer order are, by operation of this section,
assigned to and become the liabilities of the
5 Ministerial Body; and
(ii) the rest of the liabilities of the Commission are,
by operation of this section, assigned to and
become the liabilities of the State;
and
10 (c) at the transfer time, the Ministerial Body is substituted
for the Commission as a party to any proceedings
specified in the transfer order and the State is substituted
for the Commission as a party to all other proceedings in
which the Commission was a party immediately before
15 the transfer time; and
(d) any agreement or instrument specified in the order has
effect, by operation of this section, as if references to the
State or the Ministerial Body were, at the transfer time,
substituted, in accordance with the order, for references
20 in it to the Commission; and
(e) any proceedings or remedy that might have been
commenced by, or available against or to, the
Commission in relation to the assets and liabilities
assigned by paragraphs (a) and (b) may be commenced
25 by, or are available against or to --
(i) the Ministerial Body, in the case of assets and
liabilities assigned by paragraphs (a)(i)
and (b)(i); and
(ii) the State, in the case of assets and liabilities
30 assigned by paragraphs (a)(ii) and (b)(ii);
and
(f) anything done or omitted to be done in relation to the
assets and liabilities assigned by paragraphs (a) and (b)
before the assignment, by, to or in respect of the
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Water Resources Legislation Amendment Bill 2006
Part 11 Transitional provisions
Division 2 Transfer of assets, liabilities, accounts, proceedings etc.
s. 206
Commission (to the extent that that thing has any effect)
is to be taken to have been done or omitted by, to or in
respect of --
(i) the Ministerial Body, in the case of assets and
5 liabilities assigned by paragraphs (a)(i)
and (b)(i); and
(ii) the State, in the case of assets and liabilities
assigned by paragraphs (a)(ii) and (b)(ii).
206. Transfer of care, control and management of reserved land
10 (1) In this section --
"Minister for the Environment" means the Minister
administering the Environmental Protection Act 1986.
(2) Land that, immediately before the transfer time, is under the
care, control and management of the Commission under the
15 Land Administration Act 1997 is to be regarded as if it had, at
that time, been placed under the care, control and management
of the Minister, under section 46 of that Act.
(3) Land that, immediately before the transfer time, is under the
care, control and management of the Commission under an
20 enactment (other than the Land Administration Act 1997) is to
be regarded as if it had, at that time, been placed under the care,
control and management of the Minister, under that enactment
as in force after the transfer time.
(4) Subsections (2) and (3) do not apply to land specified in a
25 transfer order under section 204(1)(d).
(5) Land to which subsection (2) or (3) would apply but for
subsection (4), is to be regarded as if it had, immediately before
the transfer time, been placed under the care, control and
management of the Minister for the Environment under the
30 relevant enactment as in force after the transfer time.
(6) Any conditions to which the care, control or management was
subject immediately before the transfer time apply to the
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Water Resources Legislation Amendment Bill 2006
Transitional provisions Part 11
Transfer of assets, liabilities, accounts, proceedings etc. Division 2
s. 207
Minister or the Minister for the Environment (which ever is
relevant) after the transfer time.
207. The Water and Rivers Commission Account
The balance, immediately before the transfer time, of the Water
5 and Rivers Commission Account referred to in section 26 of the
repealed Act is, at the transfer time, to be credited to an account
established under the Financial Management Act 2006
section 16 for the Department.
208. Commission to complete necessary transactions
10 (1) If an asset or liability of the Commission cannot be properly
assigned to the State or the Ministerial Body by the operation of
this Division (whether because the matter is governed otherwise
than by the law of the State or for any other reason) --
(a) the Commission is to be taken to continue to hold that
15 asset or be liable for that liability until it is effectively
assigned to the State or the Ministerial Body in
accordance with this Division; and
(b) the Commission is to take all practicable steps for the
purpose of ensuring that the asset or liability is
20 effectively assigned to the State or the Ministerial Body
in accordance with this Division.
(2) The fact that subsection (1)(a) applies to an asset or liability that
is assigned to the State or the Ministerial Body under this
Division does not affect the duty of the accountable authority of
25 the Department under the Financial Management Act 2006.
(3) Despite the repeal of the repealed Act, the Commission
continues in existence for the purpose of performing the
functions described in subsection (1).
(4) The Commission is to perform the functions referred to in
30 subsection (3) through a person appointed by the Minister.
(5) The person holds office at the pleasure of the Minister and on
such terms and conditions as the Minister determines.
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Water Resources Legislation Amendment Bill 2006
Part 11 Transitional provisions
Division 2 Transfer of assets, liabilities, accounts, proceedings etc.
s. 209
(6) The Commission as continued by this section has the powers
that are necessary or convenient for the purposes of this section.
209. The Water Supply, Sewerage, and Drainage Act 1912
(1) In this section --
5 "the body corporate" means the body corporate constituted
under the Water Supply, Sewerage, and Drainage Act 1912.
(2) At the transfer time, the Ministerial Body becomes the
successor of the body corporate.
(3) Despite subsection (2), land that, immediately before the
10 transfer time, is under the care, control and management
(however described) of the body corporate --
(a) under the Water Supply, Sewerage, and Drainage
Act 1912 -- is to be regarded as if it had, at that time,
been placed under the care, control and management of
15 the Minister, under the Land Administration Act 1997
section 46; and
(b) under an enactment (other than the Water Supply,
Sewerage, and Drainage Act 1912) -- is to be regarded
as if it had, at that time, been placed under the care,
20 control and management of the Minister, under that
enactment as in force after the transfer time.
210. Registration of documents
(1) In this section --
"relevant official" means --
25 (a) the Registrar of Titles; or
(b) the Minister administering the Mining Act 1978; or
(c) any other person authorised by a written law to
record and give effect to the registration of
documents relating to property transactions,
30 according to which of them, if any, has responsibility for a
register relating to the relevant property;
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Transfer of assets, liabilities, accounts, proceedings etc. Division 2
s. 211
"relevant property" means property of a kind affected by this
Part, whether it is an estate or interest in land or any other
property.
(2) The relevant officials are to take notice of this Part and any
5 transfer order, including a Schedule to which the order refers,
and are to record and register in the appropriate manner the
documents necessary to show the effect of this Part and the
transfer order.
(3) The Minister is to cause a copy of each transfer order and any
10 Schedule to which it refers to be delivered to each relevant
official.
211. Exemption from State taxes
(1) In this section --
"State tax" includes stamp duty chargeable under the Stamp
15 Act 1921 and any other tax under a written law.
(2) State tax is not payable in relation to --
(a) anything that occurs by the operation of this Part; or
(b) anything done (including a transaction entered into or an
instrument or document of any kind made, executed,
20 lodged or given) under this Part, or to give effect to this
Part, or for a purpose connected with or arising out of
giving effect to this Part.
(3) The Minister may certify in writing that --
(a) a specified thing occurred by the operation of this Part;
25 or
(b) a specified thing was done under this Part, or to give
effect to this Part, or for a purpose connected with or
arising out of giving effect to this Part.
(4) For all purposes and in all proceedings, a certificate under
30 subsection (3) is sufficient evidence of the matters it certifies,
except so far as the contrary is shown.
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Water Resources Legislation Amendment Bill 2006
Part 11 Transitional provisions
Division 3 Staff etc.
s. 212
212. Rectifying error in transfer order
(1) The Minister may, by order published in the Gazette, make any
provision that is necessary to correct any error in a transfer
order or a Schedule to which a transfer order refers.
5 (2) An order under this section may be made so as to have effect
from the transfer time.
(3) To the extent that a provision of an order under this section has
effect before the day of its publication in the Gazette,
section 205 does not, as a result of that provision, operate so
10 as --
(a) to affect, in a manner prejudicial to any person (other
than the State, the Ministerial Body, or a Minister,
officer or agency of the State), the rights of that person
existing before the day of publication; or
15 (b) to impose liabilities on any person (other than the State,
the Ministerial Body, or a Minister, officer or agency of
the State) in respect of anything done or omitted to be
done before the day of publication.
Division 3 -- Staff etc.
20 213. Transfer of staff
(1) At the transfer time, the CEO becomes the employing authority,
within the meaning of the Public Sector Management Act 1994,
of each person for whom the board of the Commission was the
employing authority under that Act immediately before the
25 transfer time.
(2) A person whose engagement under section 23(2) of the repealed
Act is in force immediately before the transfer time becomes, at
the transfer time, a person engaged by the CEO under the Water
Agencies (Powers) Act 1984 section 107.
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Water Resources Legislation Amendment Bill 2006
Transitional provisions Part 11
Staff etc. Division 3
s. 214
214. Transfer of arrangements about use of other staff
An arrangement between the Commission and an employer
under the repealed Act section 24 that is in force immediately
before the transfer time becomes, at the transfer time, an
5 arrangement between the CEO and the employer.
215. Employees' rights preserved
(1) Except as otherwise agreed by an employee, the operation of
this Division does not --
(a) affect the employee's pay, as that term is defined in the
10 Public Sector Management (Redeployment and
Redundancy) Regulations 1994 regulation 3; or
(b) affect the employee's existing or accruing rights in
respect of annual leave, long service leave, sick leave or
any other leave, which are enforceable against the State;
15 or
(c) affect any rights under a superannuation scheme; or
(d) interrupt the continuity of the employee's service.
(2) For the purposes of subsection (1)(d), the employee's service
with the Commission is to be taken to have been with the
20 Department.
216. Transfer of contracts for services
A person engaged by the Commission under a contract for
services (under the Public Sector Management Act 1994
section 100) that is in force immediately before the transfer
25 time, is to be taken to have been engaged, at the transfer time,
by the CEO under that section on the same terms and
conditions, for the remainder of the duration of the contract.
page 119
Water Resources Legislation Amendment Bill 2006
Part 11 Transitional provisions
Division 4 Committees of the Commission
s. 217
Division 4 -- Committees of the Commission
217. Transfer of members of committees of the Commission
(1) The members of a committee of the board of the Commission
(established under the repealed Act Schedule 1 clause 15) that
5 was in existence immediately before the transfer time become,
at the transfer time, the members of an equivalent committee
that is to be taken, for all purposes, to have been established by
the Minister under the Water Agencies (Powers) Act 1984
section 109.
10 (2) A committee that is to be taken to have been established
because of subsection (1) --
(a) has the same name as that of the committee from which
the members came; and
(b) has the same functions (to the extent to which the
15 functions are not inconsistent with the Water Agencies
(Powers) Act 1984 section 109) as those of the
committee from which the members came.
Division 5 -- Former Management Authorities under the
Waterways Conservation Act 1976
20 218. By-laws under the Waterways Conservation Act 1976
By-laws made under the Waterways Conservation Act 1976
section 54 by a former Management Authority in relation to a
management area and in force immediately before the transfer
time become, at the transfer time, by-laws under that section (as
25 in force after the transfer time) in relation to that management
area, as if they had been made by the Minister administering the
Waterways Conservation Act 1976.
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Water Resources Legislation Amendment Bill 2006
Transitional provisions Part 11
Continuing effect of things done Division 6
s. 219
219. Proceedings in relation to a former Management Authority
At the transfer time --
(a) in relation to any proceedings by or against a former
Management Authority commenced before the transfer
5 time, the State is substituted for the Authority as a party
to the proceedings; and
(b) any proceedings or remedy that might have been
commenced by, or available against or to, a former
Management Authority in relation to anything done or
10 omitted to be done by the Authority, may be
commenced by, or are available against or to, the State.
Division 6 -- Continuing effect of things done
220. Continuing effect of licences, directions, determinations,
notices etc.
15 (1) A licence, permit or permission (however described) granted
under an enactment by a former body and in force immediately
before the transfer time is to be taken, for all purposes, to have
been granted, at the transfer time, by the relevant successor of
the former body under that enactment (as in force after the
20 transfer time).
(2) A direction, determination or notice (however described) given
under an enactment by a former body and in force immediately
before the transfer time is to be taken, for all purposes, to have
been given or made, at the transfer time, by the relevant
25 successor of the former body under that enactment (as in force
after the transfer time).
221. Completion of things commenced
Anything commenced to be done by a former body under a
written law before the transfer time may be continued by the
30 relevant successor of the former body so far as the doing of that
thing is within the functions of the relevant successor after the
transfer time.
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Water Resources Legislation Amendment Bill 2006
Part 11 Transitional provisions
Division 7 General transitional provisions
s. 222
222. Continuing effect of things done generally
Any act, matter or thing done or omitted to be done before the
transfer time by, to or in respect of a former body, to the extent
that that act, matter or thing --
5 (a) has any force or significance after the transfer time; and
(b) is not governed by another provision of this Part,
is to be taken, after the transfer time, to have been done or
omitted by, to or in respect of the relevant successor of the
former body.
10 223. Agreements and instruments generally
(1) Any agreement or instrument (including subsidiary legislation)
in force immediately before the transfer time --
(a) to which a former body was a party; or
(b) which contains a reference to a former body,
15 has effect after the transfer time, to the extent to which the
agreement or instrument relates to the functions of a relevant
successor to the former body, as if --
(c) the relevant successor were substituted for the former
body as a party to the agreement or instrument; and
20 (d) any reference in the agreement or instrument to the
former body were (unless the context otherwise
requires) amended to be or include a reference to the
relevant successor.
(2) This section does not apply to any agreement or instrument
25 covered by another provision of this Part.
Division 7 -- General transitional provisions
224. Confidentiality obligations to continue
(1) Despite the repeal of the repealed Act section 34, the section
continues to apply to a person to whom it applied immediately
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Water Resources Legislation Amendment Bill 2006
Transitional provisions Part 11
General transitional provisions Division 7
s. 225
before the transfer time as if paragraph (a) of that section were
amended by inserting "or under another written law" after "this
Act".
(2) Subsection (1) only applies to the extent that another enactment
5 about the use and disclosure of the information does not apply
to the person and the information.
225. Further transitional provision may be made
(1) If there is not sufficient provision in this Part for any matter or
thing necessary or convenient to give effect to the transition
10 from a former body to a relevant successor, the regulations may
make that provision.
(2) The regulations may be made so as to have effect from the
transfer time.
(3) To the extent that a provision of the regulations has effect on a
15 day that is earlier than the day of its publication in the Gazette,
the provision does not operate so as --
(a) to affect, in a manner prejudicial to any person (other
than the State, the Ministerial Body or any other
authority of the State), the rights of that person existing
20 before the day of its publication; or
(b) to impose liabilities on any person (other than the State,
the Ministerial Body or any other authority of the State)
in respect of anything done or omitted to be done before
the day of publication.
25 (4) The Governor may make regulations for the purposes of this
section.
(5) Regulations may not be made under this section after the end of
the 24 months after the day on which this Act receives the
Royal Assent.
page 123
Water Resources Legislation Amendment Bill 2006
Part 11 Transitional provisions
Division 7 General transitional provisions
s. 226
226. Saving
The operation of any provision of this Part is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a
5 civil wrong; or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets or liabilities or the disclosure of information; or
(c) as giving rise to any remedy by a party to an instrument
10 or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
ownership of any asset or liability; or
(d) as causing any contract or instrument to be void or
otherwise unenforceable; or
15 (e) as releasing or allowing the release of any surety.
page 124
Water Resources Legislation Amendment Bill 2006
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
assets ........................................................................................................... 202
CEO ............................................................................................................ 202
Commission................................................................................................. 202
Department .................................................................................................. 202
former body ................................................................................................. 202
former Management Authority ..................................................................... 202
liability ........................................................................................................ 202
management area ......................................................................................... 202
Minister ....................................................................................................... 202
Minister for the Environment ........................................................... 202, 206(1)
Ministerial Body .......................................................................................... 202
relevant official........................................................................................ 210(1)
relevant property...................................................................................... 210(1)
relevant successor ........................................................................................ 202
repealed Act................................................................................................. 202
right............................................................................................................. 202
State tax................................................................................................... 211(1)
statutory rule................................................................................................3(4)
the body corporate.................................................................................... 209(1)
transfer order ............................................................................................... 202
transfer time................................................................................................. 202
page 125
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