Western Australian Consolidated Acts (1) The Minister may
make by-laws prescribing all matters that are required or permitted by this
Act or any relevant Act to be prescribed, or are necessary or convenient to be
prescribed, for the purposes of the performance by the Minister or the
Corporation of their respective functions under this Act or any relevant Act.
(2) By-laws made under
subsection (1) shall be subject to any regulations made under this Act or
a relevant Act and where any such by-law is in any respect inconsistent with
or repugnant to any such regulation the regulation shall prevail and the
by-law shall be read and be construed and have effect accordingly.
(3) Without limiting
subsection (1), by-laws made under that subsection may —
(a)
amend by-laws made under a relevant Act; or provide that those by-laws shall
be deemed to have been made under this Act, or do both;
(b)
provide for the due management and use of water, works, water services, water
resources and property of the Minister or the Corporation;
(c)
include measures for the protection of works, water services or water
resources, and for preventing or remedying the waste, misuse, undue
consumption, fouling or contamination of, water;
(d)
regulate or prohibit the deposit of anything likely to cause fouling or
contamination in, or within a prescribed distance of, any works, water
services, watercourse, surface water or underground water;
(e)
provide for the construction, provision, maintenance, repair and cleansing of
works and water services;
(f)
control or limit the use of, or interference with, any watercourse or the flow
of water;
(fa)
prohibit, impose restrictions on or otherwise regulate the use of water;
(g)
regulate the flow or require the disinfection, cleansing or other treatment of
wastewater or other substances, discharged into or otherwise entering any
works, reservoir, water services or watercourse;
(h)
regulate, require or prohibit, the construction, provision, use, alteration,
arrangement or repair of any drains, pipes, property sewers, fixtures or
fittings, and make provision for the purposes for which, and the extent to
which, they may be used, and prohibit interference therewith;
(i)
empower the Corporation to effect repairs to pipes,
drains, property sewers, fixtures and fittings —
(i)
so as to prevent waste or fouling; or
(ii)
in the case of damage to property of the Corporation,
and to recover the
cost thereof from the owner or occupier of the land;
(j)
provide for the inspection of premises and things provided with, or used for
the purposes of, water services;
(k)
regulate the inspection, testing, stamping, marking and authorisation of
materials, fittings and fixtures intended to be connected with the
Corporation’s works;
(l)
provide for systems of notification, certification, inspection and
authorisation of plumbing work, as defined in section 59I of the Water
Services Licensing Act 1995, connected with or to be connected with the
Corporation’s works;
[(m) deleted]
(n)
prescribe the entitlements, if any, arising from the payment of any charges by
way of a rate or otherwise.
[Section 34 amended by No. 25 of 1985
s. 10; No. 110 of 1985 s. 8; No. 24 of 1987 s. 6
3 ; No. 73 of 1995 s. 20 5 and 41; No. 32 of 1997
s. 18; No. 57 of 1997 s. 126(1); No. 39 of 1999
s. 11(7); No. 67 of 2003 s. 62; No. 38 of 2007 s. 108
and 135.]
[ 35. Deleted by No. 73 of 1995 s. 21.]