Western Australian Consolidated Acts Western Australian Consolidated Acts (1) All lands acquired
for or dedicated to the purpose of this Act, and all waterworks constructed
under this Act or constructed by or on behalf of the Crown in right of the
State and declared by the Governor to be subject to this Act,
vest —
(a) in
the Minister on behalf of the Crown in right of the State unless and until
vested in a board under this Act; and
(b) in
the Minister as mentioned in paragraph (a), on the dissolution of any
board in which such lands or waterworks may have been vested,
and the Minister may
exercise the powers and authorities conferred on a board by this Act in
respect of such works until those works are so vested and after the
dissolution of a board in which they have been so vested, and in so doing has
the immunities conferred on a board by this Act.
(2) On the dissolution
of a board, all the property and assets of the board, and all rates, charges,
and other moneys whatsoever due or accruing to the board, shall become vested
in and be recoverable by the Minister as agent of the Crown in right of the
State, and all the liabilities of the board shall become liabilities of the
State.
(2a) On the
dissolution of a board, the Minister may, by instrument, delegate to a person
—
(a) the
powers and authorities referred to in subsection (1); and
(b) the
power to recover anything that the Minister is authorised to recover under
subsection (2).
(2b) The immunities
referred to in subsection (1) extend to a delegate of the Minister under
subsection (2a).
(3) Upon the exercise
of any of the powers conferred by this Act, the Governor may apportion and
adjust between the water boards of the respective water areas concerned, the
assets, liabilities, and rights of the respective water boards in such manner
as appears just, and every Order in Council so made shall have the same effect
as if it were a part of this Act.
(4) When by an Order
in Council it is directed that any rights, powers, obligations, or authorities
previously belonging to or imposed upon a water board, with respect to its
assets or otherwise, shall devolve upon another water board, the such
last-named water board shall have and may exercise, and shall be liable to,
such rights, powers, obligations, and authorities, respectively.
[Section 5 amended by No. 25 of 1985
s. 333; No. 73 of 1995 s. 144; No. 67 of 2003 s. 62.]
Water boards