Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A water board
shall ensure that water supplied under this Act by the board is in all
respects as to turbidity, colour, dissolved solids, disinfection,
bacteriological content and fluorine content in accordance with the
requirements of the Health Act 1911 or the Fluoridation of
Public Water Supplies Act 1966 , as the case requires, and of a quality
satisfactory to the Minister.
(2) A water board
shall ensure that the works (including any equipment, facilities or other
measures required to be provided or taken in relation thereto) necessary and
appropriate for the provision of sufficient reserve storage, to ensure
adequate pressure and for disinfection and fluoridation systems to meet the
obligations of the board under this Act are provided, maintained or taken to a
standard satisfactory to the Minister.
(3) Where a water
board contravenes subsection (1) or (2), the Minister may for the
purposes of ensuring compliance with that subsection —
(a)
direct in writing that the water board give effect to the requirements
contained in that direction (which may include a requirement to construct,
extend or improve works or to take other measures or to permit the Minister or
the Corporation or any other person on behalf of the Minister so to do);
(b)
construct, extend or improve works or take other measures as he thinks
necessary to ensure that the quality of the water supplied, the works provided
and the measures taken meet the requirements referred to in
subsections (1) and (2), or authorise and require the Corporation or any
other person so to do; and
(c) send
to the water board a statement of account showing the cost of and incidental
to any such works carried out or measures taken by or on behalf of the
Minister and require that such cost, or such part of the cost as the Minister
thinks appropriate, be borne by the water board.
(4) Where the Minister
sends to a water board a statement of account pursuant to
subsection (3)(c) and requires that the cost of works or other measures,
or a specified part of that cost, referred to in that statement be borne by
the water board —
(a) that
cost, or that specified part of that cost, is payable by the water board in
accordance with the requirement of the Minister; and
(b) if
the water board fails to pay that cost, or any part of that cost, within
30 days of being required to do so by the Minister the amount in question
may be recovered in a court of competent jurisdiction from the board by the
Minister as a debt due by the water board to the Crown in right of the State.
(5) For the purposes
of any proceedings relating to this section, a certificate that purports to be
signed by the Minister certifying that —
(a) a
water board has or has not been directed in writing by the Minister to give
effect to requirements contained in that direction;
(b) any
such direction has or has not been revoked; or
(c) the
direction contained the requirements specified in the certificate,
is, without proof of
the signature or of the official character of the person appearing to have
signed the certificate, evidence of the matters certified in and by the
certificate.
[Section 51A inserted by No. 25 of 1985
s. 341; amended by No. 73 of 1995 s. 159.]