Western Australian Consolidated Acts

COUNTRY AREAS WATER SUPPLY ACT 1947

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  

   PART I -- Preliminary  

   5.      Terms used in this Act  
   6.      Application  

   PART II -- Country water areas, and water reserves  

   8.      Governor may constitute country water areas  
   9.      Governor may constitute catchment areas and water reserves  
   11.     Power to divert, intercept and store water  
   12.     Minister may exercise powers of a local government under the Health Act 1911  

   PART IIA -- Control of catchment areas  

   12A.    Application  
   12AA.   Terms used in this PART  
   12B.    Clearing to be controlled  
   12BA.   Memorials as to unlawful clearing  
   12BB.   Memorials of restoration orders  
   12BC.   Removal of memorials  
   12BD.   Default under restoration order  
   12BE.   Injunctions  
   12C.    Clearing licences  
   12D.    Review  
   12E.    Compensation  
   12EA.   Memorials as to injurious affection  
   12EB.   Dealing with land  
   12EC.   Adjudication on claims  
   12ED.   Power of entry  
   12EE.   Evidentiary provisions  
   12F.    Regulations  
   12G.    Validation  

   PART IV -- Construction and maintenance of water works  

   14.     Corporation may construct works  
   19.     Local governments not liable for maintenance cost of certain water works  

   PART V -- Water supply  

           Division 1 -- Supply and distribution of water  

   28.     Supply to rated land  
   29.     Request for supply to rated land  
   30.     Supply to land not rated  
   31.     Corporation may supply meter and charge by measure  
   32.     Record of meter to be prima facie evidence of water supplied  
   33.     Water supply may be discontinued in certain circumstances  
   35.     Supply to persons outside country water area  
   36.     Application to fire districts  
   37.     Installation etc. of fire hydrants  
   38.     Corporation may supply water by contract  
   39A.    Acquisition by agreement of water works from person or local government  

           Division 2 -- Protection of works and prevention of waste  

   40.     Duty to keep fittings in repair  
   42.     Power to enter and examine whether water is wasted etc.  
   43.     Protection of fittings  
   43A.    Notification of building or alteration  
   43B.    Construction over water mains prohibited without consent of Corporation  
   44.     Power to enter on land and fix fittings  
   45.     Penalty for using unauthorised, and failing to repair, fittings  
   46.     Fraudulent taking of water  
   46A.    Evidentiary provision  

   PART VI -- Water rates  

           Division 1 -- Mining leases  

   49.     Rating of persons residing on mining leases  

           Division 2 -- Objections and review  

   58.     Objection to entry in rate book  
   59.     Review of decision of Corporation on objection  
   60.     Review of refusal to extend time for objection or review  
   60A.    New matters raised on review  
   60B.    Written reasons for certain determinations to be given and published  
   61.     Objections against, and review of, valuations  
   62.     Objection not to affect liability to pay rates  
   62A.    Corporation to amend rate book and assessment consequent on objections or review  

   PART VII -- Payment of water supply charges  

           Division 1 -- General  

   73.     Recovery of rates  
   74.     In action on owner proof of demand on occupier not necessary  
   75.     Persons liable to be resorted to in succession  
   76.     Records to be evidence  
   77.     Recovery of rates and charges paid by owner from occupier  
   78.     Apportionment of rates between successive owners or occupiers  
   79.     Payment by mortgagee  
   81.     How rates may be recovered  
   83.     Application and expiry of this Division  

           Division 2 -- Power to lease  

   84.     Power to lease land on which arrears of rates are due  
   85.     Procedure  
   86.     Release of property after demand and payment of arrears  
   87.     Appropriation of rents received  
   88.     Land when vested in the Corporation  

           Division 3 -- Power of sale  

   88A.    Application and expiry of this Division  
   89.     Land may be sold for arrears of rates etc., remaining unpaid for 5 years  
   90.     Conditions for exercise of power of sale  
   91.     Contents of notice  
   92.     Fixing of time for sale by auction  
   93.     Advertisement for sale  
   94.     Right to pay rates  
   95.     Power to transfer or convey land  
   96.     Statutory declaration  
   97.     Functions of Corporation and Registrar relating to transfer or conveyance  
   98.     Combination of all lands of same owner  
   99.     Application of purchase money  
   100.    Receipt a discharge  
   101.    Power to sell after advertisement lapses if sale not made within a year  
   102.    Power to transfer land to Crown  
   103.    Discharge of liability on sale of land  
   104.    Saving provision  

   PART VIII -- By-laws and regulations  

   105.    Minister may make by-laws  

   PART IX -- Miscellaneous  

   108.    Notice when name of owner or occupier is unknown  
   109.    Notices binding on persons claiming under owner or occupier  
   111.    Saving of civil remedy  
   112.    Obstructing Minister or the Corporation or officers in performance of duty  
   113.    Penalty for refusing to give up possession of works  
   114.    Offender may be arrested  
   115.    Proceedings  
   116.    Corporation may be represented by officer  
   120.    Proof of ownership or occupancy  
   121.    Certificate of CEO or the chief executive officer of the Corporation evidence of certain facts  
   122.    Power to suspend certain provisions of local government Acts  
           SECOND SCHEDULE
           Compilation table