Western Australian Consolidated Acts

WATER BOARDS ACT 1904

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   3.      Interpretation  
   3A.     Application of Water Services Licensing Act 1995  

   PART II -- Constitution of water areas and water boards  

   4.      Governor may constitute water areas  
   5.      Governor may apportion and adjust assets, etc., of water boards  
   6.      Water boards  
   7.      Modes of constitution of water board  
   8.      Number of members  
   9.      Provisions when members of water board are elected  
   10.     Provisions as to members  
   10A.    Supply of goods or services by member  
   11.     Water board to be body corporate  
   12.     Disputed elections or exercise of office  
   13.     Application of Acts under which local governments appointed  
   14.     Proceedings  
   15.     First meeting  
   16.     Meetings  
   17.     Members to elect chairman  
   18.     Chairman’s duty  
   19.     Quorum  
   20.     Penalty for acting as member where interested  
   21.     Adjournment of meeting  
   22.     Resolutions, how revoked or altered  
   23.     On petition or otherwise, Governor may intervene  
   24.     Notices of meetings  
   25.     Committees of board and quorum  
   26.     Meetings, chairman, etc., of committees  
   27.     Minutes of proceedings  
   28.     Copies and extracts from minutes  
   29.     Remuneration and allowances  
   30.     Water board may delegate powers  
   31.     Appointment, removal, etc., and salaries of officers  
   32.     Chairman may suspend officers  
   33.     Officers exacting or accepting fees  
   34.     Officers failing to render accounts or to pay balance and deliver over property of board  
   35.     Proceedings after officer has ceased to hold office  

   PART III -- The construction, maintenance, and extension of waterworks  

   36.     Water reserves and works may be placed under control of water board or Minister  
   37.     Minister to have powers of local government under Health Act 1911  
   39.     Works to be the property of water board  
   40.     Board may construct waterworks  
   41.     Preliminaries to construction  
   42.     Plans open to inspection  
   44.     Objections  
   45.     Submission for approval  
   45A.    Exempt works  
   46.     Powers of water board  
   47.     Power to break road, etc.  
   48.     Notices to be served on local government having control before breaking up road or opening drains  
   49.     Roads not to be broken up except under superintendence of local government  
   50.     Roads, etc. broken up to be re-instated without delay  
   51.     Local governments to give particulars as to levels  
   51A.    Water quality, and the provision of works etc.  
   52.     Works may be constructed by Minister  
   53.     Water board to be advised of the Minister’s intention to construct works  
   54.     Works to be transferred to water board on payment of cost  

   PART IV -- The supply and distribution of water  

   55.     Supply to rated land  
   56.     Request for supply to rated land  
   57.     Supply to land not rated  
   58.     The water board may supply meter and charge by measure  
   59.     Meter records and testing of meters  
   60.     Water may be cut off from unoccupied premises etc.  
   61.     Provisions for supplying groups of houses  
   61A.    Owners and occupiers to provide tanks and appliances  
   62.     Supply to land outside water area  
   62A.    Water supply to subdivided land  
   62B.    Water supply on development of land  
   62C.    Deferring headworks payments for certain subdivisions  
   62D.    Transfer of land restricted until deferred amount paid  
   63.     Fire hydrants  
   65A.    Acquisition by agreement of works from person or local government  

   PART V -- The protection of works and fittings and the prevention of waste  

   66.     Duty to keep fittings in repair  
   67.     Fittings not to be connected or disconnected without notice  
   68.     Power to enter and examine whether water is wasted, etc.  
   69.     Protection of fittings  
   70.     Power to enter on land and fix fittings  
   71.     Penalty for using unauthorised fittings  
   72.     Penalty for not repairing fittings  
   73.     Penalty for destroying valves, etc.  
   74.     Penalty for taking, etc., water in contravention of this Act  
   75.     Fraudulent taking of water  
   76.     Other consequences of contravening this Act or the by-laws  

   PART VI -- Water rates and payment for water  

   76A.    Interpretation  
   76B.    Authority for Minister to appoint rating years  
   76C.    Adjustment of rate on alteration of rating year  
   77.     Rating records  
   79.     Inspection of rating records  
   80.     Water board may inspect rating records of local governments  
   81.     Access to be given  
   82.     Penalty for not permitting inspection  
   83.     Rateable value  
   84.     Rating records may be amended  
   85.     Notice of amendment to be given  
   87.     Objection to entry in rating records  
   88.     Review of decision of water board on objection  
   89.     Objections and review of valuations  
   89A.    New matters raised on review  
   89B.    Written reasons for certain determinations to be given and published  
   90.     No other objections and reviews against valuations  
   91.     Objection or appeal not to affect liability to pay rates  
   91A.    Water board to amend rating records and assessment consequent on objection or appeal  
   92.     Land subject to water rate  
   93.     Amount of rate  
   93A.    Re-assessment of gross rental value after rating records made up  
   93B.    Concession on water rates after subdivision  
   94.     Manner of making rate  
   95.     Rate for unexpired portion of year in case of new main or sewer  
   97.     Water rates when payable  
   98.     Payment for water supplied by measure  
   99.     Payment by measure when land rated  
   99A.    Discounts and additional charges  
   102.    Recovery by action or complaint  
   103.    In action against owner, proof of demand on occupier not necessary  
   104.    Persons liable may be resorted to in succession  
   105.    Rating records to be evidence  
   106.    Recovery of rates paid by owner from occupier  
   107.    Apportionment of rates between successive owners or occupiers  
   108.    Prohibition on dealings in land  

   PART VII -- Finance  

   110.    Minister may determine value of works transferred to water board  
   111.    Revenue how applied  
   112.    Payments to be made out of Water Fund for any authorised purpose  
   113.    Power to borrow money  
   114.    Proposition to borrow money to be advertised  
   115.    Debentures  
   116.    Repayment of debentures  
   117.    Payment of interest  
   118.    Debentures and coupons transferable by delivery  
   119.    Debentures and interest a charge on property and revenues of water board  
   120.    Sinking fund to be created  
   121.    Investment of sinking fund  
   122.    Accumulated sinking fund to be applied in payment of loan  
   123.    Powers of receiver  
   123A.   Overdraft  
   124.    Treasurer may advance moneys  
   125.    Such advances to be a charge on the works and revenue  
   126.    Subsidy may be withheld  
   127.    Treasurer may levy and collect rates and charges  
   128.    Governor may appoint Commissioners  
   129.    Powers of Commissioners  

   PART VIII -- Accounts and audit  

   130.    Application of Financial Management Act 2006 and Auditor General Act 2006  
   131.    Inspection of accounts by Minister  

   PART IX -- By-laws  

   141.    Water board may make by-laws  
   142.    Penalties for breach of by-laws  
   143.    Regulations  

   PART X -- General provisions  

   144.    Notices  
   145.    Notices and demands, how served  
   146.    Notices binding on persons claiming under owner or occupier  
   147.    Notices may be authenticated by signature of chairman without seal  
   148.    Service on water board  
   149.    Saving of civil remedy  
   150.    Recovery of value of water misused, etc.  
   151.    Obstructing water board or officers in performance of duty  
   152.    Penalty for refusing to give up possession of works  
   153.    Offender may be arrested  
   154.    Recovery of penalties and forfeitures  
   155.    Application of penalties  
   156.    Water board may be represented by secretary or other officer  
   158.    Books of Land Titles and other offices may be searched without fee  
   159.    Property of water board not to be taxed  
   160.    Proof of ownership or occupancy  
   161.    Powers of water board may be exercised by Minister for Works or for Mines  

   PART XI -- Infringement notices  

   162.    Infringement notices  
           NINTH SCHEDULE
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