RIGHTS IN WATER AND IRRIGATION ACT 1914 - SECT 26B

RIGHTS IN WATER AND IRRIGATION ACT 1914 - SECT 26B

26B .         Non-artesian well in certain areas etc. constructed or altered without licence etc., offence

        (1)         The Governor may by proclamation declare any part of the State named or defined in the proclamation, to be a proclaimed area for the purposes of this section; and may, by subsequent proclamation, vary or cancel any such proclamation.

        (2)         Section 42 of the Interpretation Act 1984 , applies to any proclamation made under subsection (1) as though the proclamation were a regulation.

        (3)         A person must not —

            (a)         commence, construct, enlarge, deepen or alter any non-artesian well that is situate in a proclaimed area; or

            (b)         cause, suffer or permit any of those things to be done,

                unless one of the following applies —

            (c)         the person does so under and in accordance with a licence under section 26D; or

            (d)         the well is in an area specified in an order under section 26C(2) and is used, or to be used, for a purpose allowed by that order; or

            (e)         an exemption or exclusion contained in local by-laws referred to in section 26L(3)(c) applies; or

            (f)         the work is allowed by subsection (4)(d).

        (3a)         Subsection (3) also applies to —

            (a)         all wells; or

            (b)         all wells of a class prescribed by the regulations,

                that are not situated in a proclaimed area but are situated in an area that is prescribed by the regulations to be subject to the operation of that subsection.

        (4)         Where any work required by this section to be the subject of a licence has been commenced and is not completed at the time when —

            (a)         a proclamation made under subsection (1); or

            (b)         regulations referred to in subsection (3a),

                come into operation, the occupier of the land on which the work was commenced —

            (c)         must, within 2 months after that coming into operation, apply for a licence under section 26D for that work; and

            (d)         may continue the work during that period and until the application is finally determined whether by the Minister or on an application under section 26GI for review.

        (5)         Subject to section 26C and any local by-laws, where an existing non-artesian well is, by operation of —

            (a)         a proclamation made under subsection (1) brought into a proclaimed area; or

            (b)         regulations referred to in subsection (3a) brought under the operation of subsection (3),

                the occupier of the land on which the well is situated —

            (c)         must, within 2 months after the proclamation or regulations come into operation, apply for a licence under section 5C to take water from that well; and

            (d)         may continue to take water from the well without a licence during that period and until the application is finally determined whether by the Minister or on an application under section 26GI for review.

        (6)         A person who —

            (a)         being an owner or occupier of land, contravenes or fails to comply with this section; or

            (b)         being a person engaged for the purpose of carrying out any work mentioned in subsection (3), commences or carries out any such work that is prohibited by that subsection,

                commits an offence and is liable to a fine not exceeding $10 000 and a daily penalty of $1 000.

        [Section 26B inserted: No. 119 of 1984 s. 3; amended: No. 49 of 2000 s. 35 and 60; No. 55 of 2004 s. 1046; No. 38 of 2007 s. 57 and 101(1).]