Western Australian Consolidated Acts

WATER BOARDS ACT 1904 - SECT 36

36 .         Water reserves and works may be placed under control of water board or Minister

        (1)         The Governor may from time to time by Order in Council — 

            (a)         place under the temporary management and control of a water board, or absolutely vest in a water board, any waterworks or reservoir begun, constructed, or provided for out of moneys appropriated by Parliament;

            (b)         constitute any portion of the State a water reserve or catchment area, and define the boundaries thereof;

            (c)         where a water reserve or catchment area constituted under paragraph (b) comprises only lands of the Crown which have not been alienated, place such water reserve or catchment area under the temporary management and control of the Minister, or absolutely vest the same in the Minister;

            (d)         where a water reserve or catchment area constituted under paragraph (b) comprises either in whole or in part land which has been alienated from the Crown, place such water reserve or catchment area under the temporary management and control of the Minister.

        (2)         The power conferred by section 34 of the Water Agencies (Powers) Act 1984 may be exercised by the Minister to make by-laws for the prevention of pollution of water within any water reserve or catchment area.

        (3)         Any waterworks or reservoir vested in a water board by Order in Council under this section shall, while such Order in Council continues in force, be deemed to be the property of the water board, and may be used accordingly; and any waterworks or reservoir placed under the management and control of a water board by an Order in Council under this section shall, while such Order in Council continues in force, be under the control and management of such water board, and may be used or administered by the water board for the purposes of this Act.

        (4)         The expression water reserve or catchment area in this section means any land over, through, or under which any water flows, runs, or percolates directly or indirectly into any watercourse or reservoir used or erected in connection with any water supply.

        [Section 36 inserted by No. 10 of 1941 s. 2; amended by No. 110 of 1985 s. 137; No. 73 of 1995 s. 145; No. 38 of 2007 s. 201(3).]