Western Australian Consolidated Acts

COUNTRY AREAS WATER SUPPLY ACT 1947 - SECT 5

5 .         Terms used in this Act

        (1)         In this Act, unless the context requires otherwise —

        by-laws means by-laws made under or for the purposes of this Act;

        catchment area means all land over, through, or under which any water flows, runs or percolates directly or indirectly into any reservoir erected or used in connection with any water works;

        CEO means the chief executive officer of the Department;

        Corporation means the Water Corporation established by section 4 of the Water Corporation Act 1995 ;

        country water area means any part of the State for which part a scheme for a reticulated supply of water is prepared and which part is constituted a country water area under the provisions of this Act;

        Department means the department of the Public Service principally assisting in the administration of this Act;

        district in relation to a local government means the district of that local government and any land (including privately owned subdivided land) which the Governor may declare by Proclamation to be deemed to be included in a district for purposes of this Act;

        farm land means land within a country water area that is used, or primarily used, for agricultural, pastoral, grazing or dairying purposes or any combination of them; but does not include land that —

            (a)         is used or primarily used for the purposes of a market garden, orchard, piggery, poultry farm, or horse stud farm, or the purposes of the agistment or grazing of horses, or for any combination of those purposes;

            (b)         is comprised in a holding that is wholly within the boundaries of a townsite (and for the purposes of this paragraph townsite means an area that has been, or is to be regarded as having been, constituted a townsite, and given a name, under section 10 of the Land Act 1933  ³ );

            (c)         is comprised in a holding the area of which is less than 4 hectares; or

            (d)         is supplied from a main or other pipe the construction of which was not specified under section 15(b)(iii) as being for farm land purposes,

        unless the land was, immediately before the coming into operation of the Country Areas Water Supply Amendment Act 1981 ¹ , rated under this Act as farm land and the purposes for which the land is used or primarily used are the same as when it was so rated;

        former authority means the former Authority, the former Commission or a former Minister;

        former Authority means the Water Authority of Western Australia under the Water Agencies (Powers) Act 1984  ⁴ before the commencement of Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995  ¹ ;

        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;

        former Minister means a Minister administering this Act before, pursuant to the Water Agencies (Powers) Act 1984  ⁴ , the former Authority became charged with the administration of functions under this Act, whether in his capacity as a Minister of the Crown or as (pursuant to section 2 of the Water Supply, Sewerage, and Drainage Act 1912 as read with this Act) a body corporate;

        Goldfields Water Supply Act means the Goldfields Water Supply Act 1902-1942 ⁵ ;

        holding means any piece or parcel of land which is held —

            (a)         in fee simple;

            (b)         on conditional purchase lease, pastoral lease, or otherwise under the Land Administration Act 1997 , or any prior Act repealed by that Act or under any regulation made under, or repealed by, any prior Act, or by the Land Administration Act 1997 ; or

            (c)         on a perpetual lease granted under the War Service Land Settlement Scheme Act 1954 or for such other estate or interest as is granted under that Act,

        and which is constituted, owned, or occupied as one property;

        metropolitan area means the Metropolitan Water, Sewerage and Drainage Area as constituted under and for the purposes of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 ;

        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 ;

        prescribed means prescribed under the Water Agencies (Powers) Act 1984 for the purposes of this Act or that Act, as the case requires;

        Registrar of Deeds means the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856 ;

        the former Department means the Public Works Department of the Public Service of the State;

        water board means a water board constituted under the Water Boards Act;

        Water Boards Act means the Water Boards Act 1904 ;

        watercourse means —

            (a)         any river, creek, stream or brook, whether artificially improved or altered or not;

            (b)         any conduit that wholly or partially diverts a river, creek, stream or brook from its natural course and forms part of that river, creek, stream or brook; or

            (c)         any natural collection of water into, through, or out of which any thing referred to in paragraph (a) or (b) flows, whether artificially improved or altered or not,

        in which water flows or is contained whether permanently, intermittently or occasionally, together with the bed and banks of any thing referred to in paragraph (a), (b) or (c);

        water reserve means a portion of the State which the Governor by Order in Council declares to be a water reserve for the purposes of this Act;

        Water Supply Act means the Water Supply, Sewerage, and Drainage Act 1912 ;

        water supply charge , in relation to land, means a charge made under the Water Agencies (Powers) Act 1984 in respect of that land relating to the provision of a water supply under this Act;

        water works means all works for the supply, storage and distribution of water.

        (2)         Terms not otherwise assigned a meaning under subsection (1) but referred to in section 3 of the Water Agencies (Powers) Act 1984 as having a meaning assigned for the purposes of a relevant Act have that meaning in and for the purposes of this Act.

        (3)         Anything done before the amendment effected to the definition of the term “holding” by section 4 of the Country Areas Water Supply Amendment Act 1984 ¹ that would have been valid if that section had then been in operation shall be taken to have been as validly and effectively done as if that section had then been in operation.

        [Section 5 amended by No. 14 of 1957 s. 2; No. 56 of 1960 s. 2; No. 66 of 1964 s. 3; No. 81 of 1976 s. 5; No. 76 of 1978 s. 11; No. 63 of 1981 s. 4; No. 97 of 1981 s. 2; No. 14 of 1982 s. 4; No. 41 of 1984 s. 4; No. 25 of 1985 s. 86; No. 110 of 1985 s. 37; No. 24 of 1987 s. 62; No. 73 of 1995 s. 44 and 65; No. 14 of 1996 s. 4; No. 31 of 1997 s. 141; No. 25 of 2005 s. 4; No. 38 of 2007 s. 5.]