Western Australian Consolidated Acts

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LAND DRAINAGE ACT 1925 - SECT 9

9 .         Drains outside drainage districts

        [(1), (2)         deleted]

        (3)         If any drain, not within the boundaries of a drainage district, is declared by Order in Council to be a State drain the area defined by that or a subsequent Order in Council to be land that benefits by the construction of the drain shall be deemed a district within the meaning of this Act.

        (3a)         If any drain or works has or have been constructed, partly constructed or improved by the Crown, whether before or after the commencement of this Act, in any portion of the State at a time when such portion of the State was not comprised in a drainage district constituted under any Act repealed by this Act or under this Act, and since the construction, partial construction or improvement of such drain or works the portion of the State in which it, or they, has, or have been constructed, partly constructed or improved as aforesaid, has been or hereafter shall be constituted a drainage district under this Act, or if any drain or works has or have prior to the commencement of this subsection been constructed, partly constructed or improved by the Crown in any portion of the State which at the time of the construction, partial construction or improvement of such drain or works, was a drainage district under any Act repealed by this Act, or under this Act, and in order to resolve any doubt as to whether such drain or works aforesaid has or have either under this Act or any other Act been vested in a former Minister the former Authority or the Corporation, as the case may be, any such drain or works aforesaid shall, for all the purposes of this Act, be deemed to have been constructed under the provisions of this Act by the Corporation and shall be deemed to be vested in the Corporation and the provisions of this section and all other sections of this Act shall apply in relation to such drain or works accordingly.

        (4)         The provisions of this section shall apply, and be deemed to have applied in respect of any district the board whereof was dissolved before the commencement of this Act.

        [Section 9 amended by No. 43 of 1941 s. 3; No. 25 of 1985 s. 223; No. 73 of 1995 s. 77.]

[ 10.         Deleted by No. 25 of 1985 s. 224.]



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