Western Australian Current Acts Western Australian Current Acts (1) Subject to this
Act, and in particular to subsection (2), an energy operator may use waters to
which the Water Agencies (Powers) Act 1984 or a relevant Act within the
meaning of that Act applies, and subject to those Acts may erect, construct,
build and maintain such dams, storages, sluiceways and other works and make
such diversions as the energy operator may consider necessary for the
effectual control and use of those waters by the energy operator.
(2) The rights and
powers of an energy operator under subsection (1) shall be exercised by the
energy operator in such manner and to such extent as will cause the least
interference with —
(a) the
powers, authorities and functions of a licensee as defined in the
Water Services Act 2012 section 3(1), the Minister administering the
Water Agencies (Powers) Act 1984 and any statutory authority within the
meaning of that Act; and
(b) the
rights, benefits and privileges of other persons under the Acts referred to in
subsection (1).
[Section 42 amended: No. 24 of 1986 s. 20; No. 89
of 1994 s. 13, 39 and 41; No. 73 of 1995 s. 188; No. 58 of 1999 s. 83(1) and
(3); No. 38 of 2007 s. 193; No. 25 of 2012 s. 210.]