Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Waterways Conservation
Act 1976 and includes the amendments made by the other written laws
referred to in the following table 10. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
131 of 1976 |
9 Dec 1976 |
s. 1-3, 14, 16-20: 25 Mar 1977 (see s. 2
and Gazette 25 Mar 1977 p. 829);
|
|
|
Waterways Conservation Amendment
Act 1980 |
16 of 1980 |
15 Oct 1980 |
12 Nov 1980 |
|
Waterways Conservation Amendment
Act 1982 |
97 of 1982 |
22 Nov 1982 |
22 Nov 1982 |
|
Acts Amendment and Repeal (Disqualification for
Parliament) Act 1984 s. 22 |
78 of 1984 |
14 Nov 1984 |
1 Jul 1985 (see s. 2 and Gazette
17 May 1985 p. 1671) |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
Acts Amendment and Repeal (Environmental Protection)
Act 1986 Pt. IX |
77 of 1986 |
4 Dec 1986 |
20 Feb 1987 (see s. 2 and Gazette
20 Feb 1987 p. 440) |
|
Acts Amendment (Public Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
Acts Amendment (Swan River Trust) Act 1988
Pt. 10 |
21 of 1988 |
5 Oct 1988 |
1 Mar 1989 (see s. 2 and Gazette
27 Jan 1989 p. 264) |
|
24 of 1990 |
7 Sep 1990 |
20 Oct 1992 (see s. 2 and Gazette
2 Oct 1992 p. 4811) |
|
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Acts Amendment (Public Sector Management) Act 1994
s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
53 of 1994 |
2 Nov 1994 |
1 Oct 1995 (see s. 2 and Gazette
29 Sep 1995 p. 4649) |
|
|
Planning Legislation Amendment Act (No. 2) 1994
s. 46(13) |
84 of 1994 |
13 Jan 1995 |
1 Mar 1995 (see s. 2 and Gazette
21 Feb 1995 p. 567) |
|
Industrial Legislation Amendment Act 1995
s. 35 |
1 of 1995 |
9 May 1995 |
1 Jan 1996 (see s. 2(2) and Gazette
24 Nov 1995 p. 5389) |
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 Pt. 12
8 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2)
and Gazette 29 Dec 1995 p. 6291) |
|
Sentencing (Consequential Provisions) Act 1995
Pt. 82 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Reprint of the Waterways Conservation
Act 1976 as at 1 Mar 1996 (includes amendments listed
above except those in the Sentencing (Consequential Provisions)
Act 1995) |
|||
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 66 and s. 141 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 127 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
6 of 2002 |
4 Jun 2002 |
29 Jun 2002 (see s. 2 and Gazette
28 Jun 2002 p. 3037) |
|
|
Reprint of the Waterways Conservation
Act 1976 as at 20 Sep 2002 (includes amendments listed
above) |
|||
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 134 9 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Swan and Canning Rivers (Consequential and Transitional
Provisions) Act 2006 s. 6 |
52 of 2006 |
6 Oct 2006 |
25 Sep 2007 (see s. 2 and Gazette
25 Sep 2007 p. 4835) |
|
Financial Legislation Amendment and Repeal
Act 2006 s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 3: The Waterways Conservation
Act 1976 as at 6 Apr 2007 (includes amendments listed above
except those in the Swan and Canning Rivers (Consequential and Transitional
Provisions) Act 2006) |
|||
|
Petroleum Amendment Act 2007 s.
108 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette
31 Jan 2008 p. 251) |
2 Repealed by the Interpretation Act 1984.
3 Repealed by the Mining Act 1978.
4 Repealed by the Petroleum (Submerged Lands)
Act 1982.
5 Repealed by the Industrial Relations
Act 1979.
6, 7 Foot note no longer applicable.
8 The Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 189, 201, 202, 204, 207, 208
and 209-219 read as follows:
“
Part 14 — Transitional
provisions
Division 1 — Preliminary
189. Definitions
In this Part, unless the contrary intention
appears —
assets means property of every kind whether tangible or
intangible, real or personal, corporeal or incorporeal and includes without
limitation —
(a) choses in action;
(b) goodwill;
(c) rights, interests and claims of every kind in or to
property,
whether arising from, accruing under, created or evidenced by or the
subject of, an instrument or otherwise and whether liquidated or unliquidated,
actual, contingent or prospective;
Authority means the Authority under the principal Act as in
force before the commencement day;
commencement day means the day on which Part 2 comes
into operation;
Commission means the Water and Rivers Commission established
by section 4 of the Water and Rivers Commission
Act 1995;
Coordinator means the Coordinator of Water Services referred
to in section 4 of the Water Services Coordination
Act 1995;
Corporation means the Water Corporation established by
section 4 of the Water Corporation Act 1995;
liability means any liability, duty or obligation whether
actual, contingent or prospective, liquidated or unliquidated, or whether owed
alone or jointly or jointly and severally with any other person;
principal Act means the Water Authority
Act 1984;
right means any right, power, privilege or immunity whether
actual, contingent or prospective;
transfer order means the order and any amendments to it made
by the Minister under section 190, and includes any order made under
section 191;
Water Resources Council means the council established by
section 4 of the Western Australian Water Resources Council
Act 1982;
Waterways Commission means the body established by
section 11 of the Waterways Conservation Act 1976.
Division 3 — Water and Rivers
Commission, succession to Waterways Commission and Water Resources Council
201. Definitions
In this Division, unless the contrary intention
appears —
former body means —
(a) the Waterways Commission; or
(b) the Water Resources Council.
202. Devolution of former bodies’ assets, liabilities etc.
On and after the commencement day —
(a) the assets and rights of a former body that were immediately before
that day vested in that body vest in the Commission by force of this
section;
(b) the liabilities of a former body immediately before that day become,
by force of this section, the liabilities of the Commission;
(c) any proceedings or remedy that immediately before that day might have
been brought or continued by or available against or to a former body, may be
brought or continued and are available, by or against or to the
Commission;
(d) any act, matter or thing done or omitted to be done before the
commencement day by, to or in respect of a former body (to the extent that that
act, matter or thing has any force or effect) is to be taken to have been done
or omitted by, to or in respect of the Commission; and
(e) each former body is to deliver to the Commission all papers,
documents, minutes, books of account and other records (however compiled,
recorded or stored) relating to its operations.
204. Transition to staff of Commission
(1) Any agreement made at any time between a person
and —
(a) the employing authority of the department of the Public Service
designated as the Water and Rivers Commission (or as it may be redesignated);
or
(b) the Commission,
for the employment of that person on the staff of the Commission has
effect after the commencement of Part 5 of the Water and Rivers
Commission Act 1995 as if the person had been appointed in accordance
with section 23(1) or engaged under section 23(2) of that Act, as
the case may require.
(2) A person who immediately before the commencement day was engaged under
section 39(5)(b) of the Waterways Conservation Act 1976 is to
be taken after that day to be engaged by the Commission under the power referred
to in section 23(5) of the Water and Rivers Commission
Act 1995.
(3) A person who immediately before the commencement
day —
(a) was employed on the staff of the Water Resources Division of the
Authority and does not come within subsection (1), section 203 or 205;
or
(b) was employed on the staff of the Waterways Commission and does not
come within subsection (1) or (2) or section 203 or 205,
is to be taken after that day to have been appointed in accordance with
section 23(1), or engaged under section 23(2), of the Water and
Rivers Commission Act 1995, as the case may require.
207. Saving
A person who comes within section 204(3) or 206 may be party to an
agreement referred to in section 204 or 205 after the commencement day, in
which case the agreement has effect under that section on the day provided for
in the agreement.
208. Employees’ rights preserved
Except as otherwise agreed by an employee, the operation of this Division
does not —
(a) affect the employee’s pay, as that term is defined in
regulation 3 of the Public Sector Management (Redeployment and
Redundancy) Regulations 1994;
(b) prejudice the employee’s existing or accruing rights in respect
of annual leave, long service leave or sick leave;
(c) affect any rights under a superannuation scheme; or
(d) interrupt continuity of service.
Division 5 — General transitional
provisions
209. Definitions
In this Division, unless the contrary intention
appears —
former body means —
(a) the Authority;
(b) the Waterways Commission;
(c) the Water Resources Council;
relevant successor means —
(a) the Corporation in relation to any function of the Authority that
after the commencement day is a function of the Corporation;
(b) the Commission in relation to any function
of —
(i) the Authority;
(ii) the Waterways Commission; or
(iii) the Water Resources Council,
that after the commencement day is a function of the
Commission;
(c) the Coordinator in relation to any function of the Authority that
after the commencement day is a function of the Coordinator.
210. Annual report for part of a year
The accountable authority, within the meaning in the Financial
Administration and Audit Act 1985, of a former body is to report in
respect of that body as required by section 66 of that Act, but limited to
the period from the preceding 1 July to the commencement day, and
Division 14 of Part II of that Act applies as if that period were a full
financial year.
211. Completion of things commenced
Anything commenced to be done by a former body under any written law
before the commencement day may be continued by the relevant successor so far as
the doing of that thing is within the functions of the relevant successor after
the commencement day.
212. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the
commencement day by, to or in respect of a former body, to the extent that that
act, matter or thing —
(a) has any force or significance after that day; and
(b) where the former body is the Authority, is not governed by
section 192(1)(f), 193(1)(f), 194(g) or 195(e),
is to be taken to have been done or omitted by, to or in respect of the
relevant successor.
213. Immunity to continue
Despite any repeal effected by Part 2, where the Authority had the
benefit of any immunity in respect of an act, matter or thing done or omitted
before the commencement day, that immunity continues in that respect for the
benefit of the relevant successor.
214. References to Authority in Government agreements
(1) A Government agreement which contains a reference
to —
(a) the Authority;
(b) the Metropolitan Water Authority;
(c) the Metropolitan Water Supply, Sewerage and Drainage Department;
or
(d) the Metropolitan Water Supply, Sewerage and Drainage Board,
has effect after the commencement day as if the reference were to the
Corporation.
(2) Subsection (1) does not apply to a provision of a Government
agreement that is spent or has had its effect.
(3) In this section —
Government agreement has the same meaning as it has in the
Government Agreements Act 1979.
215. Agreements and instruments generally
(1) This section applies to any agreement or instrument subsisting
immediately before the commencement day that does not come within the provisions
of section 192(1)(c), 193(1)(c), 194(d), 195(c) or 214.
(2) Any agreement or instrument to which this section
applies —
(a) to which a former body was a party; or
(b) which contains a reference to a former body,
has effect after that day as if —
(c) the relevant successor to the former body were substituted for the
former body as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the former body were
(unless the context otherwise requires) amended to be or include a reference to
the relevant successor.
(3) In this section —
instrument includes subsidiary legislation.
216. Performance of necessary transitional functions
(1) Despite the repeals effected by sections 14, 163 and 169, a
former body continues in existence for the purpose
of —
(a) reporting as required by section 210; and
(b) performing the functions described in sections 191(3), 192(1)(g),
193(1)(g), 194(h), 195(f) and 198.
(2) The accountable authority, within the meaning in the Financial
Administration and Audit Act 1985, of a former body also continues in
existence for the purpose described in subsection (1)(a).
(3) Despite the provisions of the relevant written
laws —
(a) the members of each of the former bodies immediately before the
commencement day cease to hold office on that day; and
(b) each of the former bodies is to —
(i) be constituted by a person appointed by the Minister; and
(ii) perform the functions referred to in subsection (1) through that
person.
(4) The person referred to in subsection (3)(b) holds office at the
pleasure of the Minister and on such terms and conditions as the Minister
determines.
(5) The former bodies as constituted under this section have the powers
that are necessary or convenient for the purposes of
subsection (1).
(6) The relevant successor to a former body is to provide the clerical or
other assistance that the former body reasonably requires for the purposes of
subsection (1) in respect of the functions that after the commencement day
are functions of that successor.
217. Corporation, time to obtain certain licences
Where before the commencement day the Authority was doing anything and
after that day the Corporation in continuing to do that thing is required to
hold a licence under the Rights in Water and Irrigation Act 1914,
the Corporation is to be treated as if it were the holder of such a licence
until the expiry of 120 days after the commencement day.
218. Further transitional provision may be made
(1) If there is no sufficient provision in this Part for any matter or
thing necessary or convenient to give effect to the transition from a former
body to the relevant successor the Minister may make that provision by order
published in the Gazette.
(2) The Minister may by order published in the Gazette make any
provision that is necessary to rectify any omission from the transfer
order.
(3) An order under this section may be made so as to have effect from the
commencement day.
(4) To the extent that a provision of any such order has effect on a day
that is earlier than the day of its publication in the Gazette, the
provision does not operate so as —
(a) to affect, in a manner prejudicial to any person (other than the
State, the Corporation, the Commission, the Coordinator or any authority of the
State), the rights of that person existing before the day of its publication;
or
(b) to impose liabilities on any person (other than the State, the
Corporation, the Commission, the Coordinator or any authority of the State), in
respect of anything done or omitted to be done before the day of
publication.
219. Saving
The operation of any provision of this Part is not to be
regarded —
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting, restricting or
regulating the assignment or transfer of assets, rights or liabilities or the
disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as causing
or permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
”.
9 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
10 The Water Resources
Legislation Amendment Act 2007 Pt. 11 deals with certain
transitional issues some of which may be relevant for this Act.