Western Australian Consolidated Acts Western Australian Consolidated Acts Subject to the
provisions of this Act, the water board may, as the case requires, do or
continue any of the following acts, and may execute or complete any of the
following works for constructing any works authorised by this Act, or for
extending and maintaining them or any works now existing, or for supplying
water under this Act, that is to say: —
(1) It may, without a
previous agreement with the owner or occupier, enter upon any land shown or
delineated on the plans and sections, and described in the books of reference
deposited as aforesaid, which it may be necessary to enter upon, take, or use
for the purposes of the works; and may take levels of the same, and set out
such parts thereof as the water board or its officer deems necessary, and may
dig and break up the soil of such land, and trench and fence-in the same, and
remove or use any earth, stones, minerals, trees, and other things taken
therefrom;
(2) It may, under and
subject to the provisions of Part 9 of the Land Administration Act 1997 ,
take any lands which are required for the purposes of the works or of this
Act;
(3) It may construct
and maintain in and across any lands, any pipes, ditches, aqueducts, flumes,
or other works necessary for conveying water;
(4) It may, from time
to time, sink or acquire wells or shafts, erect buildings, pumping stations
and pumping machinery, and make, maintain, alter, or discontinue streams,
reservoirs, drains, culverts, aqueducts, flumes, or other waterworks, upon the
lands authorised to be taken;
(5) It may, subject to
Part III of the Rights in Water and Irrigation Act 1914 , from time to
time divert and intercept for that purpose the water from any watercourse
mentioned in the plans of the works, or alter the course of any such
watercourse, and may take any water found under or on the lands taken for
constructing the works:
Provided that, in the
exercise of the powers conferred by this section, the water board shall do as
little damage as may be, and shall make to every person interested
compensation for any damage actually sustained by him through the exercise of
those powers, and such compensation, if not agreed upon between the parties,
shall be made in the manner provided in Part 10 of the Land
Administration Act 1997.
[Section 46 amended by No. 73 of 1995
s. 153; No. 31 of 1997 s. 138 and 142.]