Western Australian Consolidated Acts

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WATER BOARDS ACT 1904 - SECT 52

52 .         Works may be constructed by Minister

        (1)         Subject to section 51A and section 53, all or any of the powers conferred by this Act on a water board in and for the construction of works in any water area may be exercised by — 

            (a)         the Minister;

            (b)         the Corporation, on the request of the water board; or

            (c)         the Corporation, if the Minister so directs or approves.

        (2)         Where at the request of a water board — 

            (a)         any works are constructed, extended or improved by the Minister or the Corporation; or

            (b)         any other work is carried out or caused to be carried out by the Minister or the Corporation in advising, or providing designs for, a water board or in investigating, monitoring or testing water supplies for, or water supplied by, a water board,

                the Minister or the Corporation, as the case requires, may send to the water board a statement of account showing the cost of and incidental to those works or that work and require that such cost, or a specified part of such cost, be borne by the water board.

        (3)         Where the Minister or the Corporation sends to a water board a statement of account pursuant to subsection (2) and requires that the cost, or a specified part of the cost, of the matters 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 that requirement; 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 or the Corporation, as the case may be, 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 or, as the case requires, by the Corporation as a debt due by the water board to the Corporation.

        [Section 52 amended by No. 25 of 1985 s. 342; No. 73 of 1995 s. 154 and 159.]



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