Western Australian Consolidated Acts

RIGHTS IN WATER AND IRRIGATION ACT 1914

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Terms used in this Act  
   3.      Meaning of “watercourse”

   PART III -- Control of water resources

           Division 1 -- Objects and application of this Part  

   4.      Objects  
   4A.     Meaning of “watercourse” in this Part  
   5.      Waters to which this Part does not apply

           Division 1A -- Ownership and control of waters  

   5A.     Natural waters vest in Crown  
   5B.     Owner or occupier may carry out drainage or storage works  
   5C.     Unauthorised taking of water prohibited  
   5D.     Rights cannot be acquired by length of use  
   5E.     Civil remedy where unlawful taking of water or degradation of water resource

           Division 1B -- Certain surface waters  

   6.      Application of Division  
   7.      Saving  
   9.      Riparian right defined  
   10.     Other rights to water  
   11.     Obstruction or interference with watercourse, road etc. not authorised by section 10  
   15.     Bed of watercourse or wetland not alienated  
   16.     Owner of land adjacent to watercourse to have certain rights  
   17.     Obstruction, destruction or interference with watercourse etc. prohibited  
   17A.    Saving for existing dams  
   17B.    Regulations as to permits for section 17  
   18.     Obstruction of flow, discharge etc. of mud, gravel etc.

           Division 2 -- Other surface waters  

   19.     Application of Division  
   20.     Riparian right defined  
   21.     Other rights to water  
   21A.    Obstruction or interference with watercourse, road etc. not authorised by section 21  
   22.     Directions about diversion, taking or use of water  
   24.     Saving of civil remedy  
   25.     Obstruction etc. of watercourse etc. on Crown land prohibited

           Division 3 -- Underground waters  

   25A.    Rights to take water from non-artesian wells in prescribed areas  
   26.     Local by-laws for section 25A  
   26A.    Artesian wells to be licensed  
   26B.    Non-artesian wells in certain areas to be licensed or otherwise authorised  
   26C.    Exemptions  
   26D.    Application for and issue of licences  
   26E.    Information on non-artesian wells  
   26F.    Penalty for alterations in licensed well or contravention of licence  
   26G.    Powers of Minister if water improperly used, wasted etc.

           Division 3A -- Limitations on rights conferred by and under Divisions 1B, 2 and 3

              Subdivision 1 -- Limitations where water is augmented  

   26GA.   Rights under sections 9, 10, 20 and 21 do not extend to augmented volume of water

              Subdivision 2 -- Limitations imposed by direction  

   26GB.   Meaning of “water resource”  
   26GC.   Directions to restrict or prohibit taking or use of water  
   26GD.   When section 26GC applies  
   26GE.   Further provisions as to orders and determinations  
   26GF.   Directions override other rights

           Division 3B -- Review  

   26GG.   Review of decisions relating to licences to take water  
   26GH.   Review of decisions relating to directions as to taking or use of water  
   26GI.   Review of decisions relating to licences under Division 3  
   26GJ.   Notice to relevant water resources management committee

           Division 3C -- Local water resources management committees  

   26GK.   Establishment of committees  
   26GL.   Certain requirements for orders under section 26GK  
   26GM.   Functions of committees  
   26GN.   Particular duties of members  
   26GO.   Procedure  
   26GP.   Delegation  
   26GQ.   Minister to provide support  
   26GR.   Remuneration  
   26GS.   Protection from liability for wrongdoing  
   26GT.   Execution of documents by committee

           Division 3D -- Plans for management of water resources

              Subdivision 1 -- Plans and their contents  

   26GU.   Preparation of plans  
   26GV.   Classification of plans  
   26GW.   Purposes of regional management plans  
   26GX.   Purposes of sub-regional management plans  
   26GY.   Purposes of local area management plans  
   26GZ.   Consultation with water resources management committees

              Subdivision 2 -- Public consultation and making of plans  

   26GZA.  Plan to be publicly notified  
   26GZB.  Public submissions  
   26GZC.  Referral of plan to other bodies  
   26GZD.  Modification of plan  
   26GZE.  Minister to make plan  
   26GZF.  Notice and commencement  
   26GZG.  Review, revocation, amendment and correction of plan

           Division 3E -- Register of instruments  

   26GZH.  Terms used in this Division  
   26GZI.  Register  
   26GZJ.  Information to be included in register  
   26GZK.  Transfer of licence to be recorded  
   26GZL.  Application for notation of security interest  
   26GZM.  Notation of security interest  
   26GZN.  CEO not to be concerned with certain matters relating to security interest  
   26GZO.  Person who has security interest to be notified of certain events  
   26GZP.  Economic Regulation Authority to be notified of certain events  
   26GZQ.  Removal or variation of security interest notation  
   26GZR.  Register may be amended, added to or corrected  
   26GZS.  No compensation payable  
   26GZT.  Regulations relating to register

           Division 4 -- Miscellaneous  

   26H.    Right of entry of Minister  
   26J.    Minister may institute proceedings  
   26K.    This Part binds Crown and statutory undertakers  
   26L.    Local by-laws  
   26M.    Licensing schemes under local by-laws  
   26N.    Prerequisites for making local by-laws  
   26O.    Local by-laws for control of drainage  
   26P.    Local by-laws relating to flood protection works  
   26Q.    Minister may inspect or monitor water resources on behalf of other persons  
   27.     Regulations  
   27A.    Regulations may require certain work or activities to be licensed  
   27B.    Regulations as to licences and permits  
   27C.    Minister to review and report on this Part

   PART IV -- Irrigation Districts  

   28.     Constitution of Irrigation Districts  
   29.     Governor may alter boundaries of districts

   PART VI -- The construction and maintenance of works  

   33.     Corporation may construct and maintain irrigation works  
   35.     No action maintainable for injury to riparian rights or for flooding  
   36.     Compensation  
   37.     Disputes as to compensation  
   38.     Principles in awarding compensation

   PART VII -- The supply of water and water charges  

   39.     Allocation of water for irrigation  
   39A.    Unauthorised taking of water  
   39B.    Evidentiary provision  
   39C.    Fraudulent taking of water  
   39E.    Objection to entry in rating records  
   39F.    Review of decision of Corporation on objection  
   39G.    Review of refusal to extend time for objection on appeal  
   39GA.   New matters raised on review  
   39GB.   Written reasons for certain determinations to be given and published  
   39H.    Objection or appeal not to affect liability to pay rates  
   39I.    Corporation to amend records and assessment if objection allowed  
   40C.    Payment of water charges etc.  
   41.     Supply of water for irrigation  
   42.     Persons entitled to water for irrigation  
   42A.    Installation of measuring instruments  
   43.     Where supply of water insufficient, Corporation to supply proportionally  
   44.     Governor may regulate order of supply in cases of deficiency

   PART X -- By-laws  

   59.     Power to make by-laws

   PART XI -- General provisions  

   63.     Corporation may undertake work to render land fit for irrigation  
   64.     Water supply to railways  
   66.     Service of notices and demands  
   67.     Notices binding on persons claiming under owner or occupier  
   69.     Saving of civil remedy  
   70.     Obstructing authorised persons in performance of duty  
   71.     Penalty for refusing to give up possession of works  
   72.     General penalty  
   73.     Offender may be arrested  
   74.     Proceedings for offences  
   75.     Corporation may be represented by officer  
   79.     Proof of ownership or occupancy  
   79A.    Proof of works
           SCHEDULE 1 -- Licensing and related provisions
           Compilation table