Western Australian Current Acts

RIGHTS IN WATER AND IRRIGATION ACT 1914

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Terms used
            
   3.      Term used: watercourse

   PART III -- Control of water resources

           Division 1 -- Objects and application of this Part  

   4.      Objects of this Part
            
   4A.     Term used: watercourse
            
   5.      Waters to which this Part does not apply

           Division 1A -- Ownership and control of waters  

   5A.     Natural waters vest in Crown
            
   5B.     Landowner etc. may carry out certain drainage and storage work
            
   5C.     Taking of certain water without right or licence, offence
            
   5D.     Rights cannot be acquired by length of use
            
   5E.     Breach of s. 5C or degradation of water resource, civil remedy for

           Division 1B -- Certain surface waters  

   6.      Watercourses etc. to which Division applies
            
   7.      Saving for certain proclamations in force at 15 Feb 1985
            
   9.      Riparian owner etc., rights of
            
   10.     Rights to water to which there is access by public road etc.
            
   11.     Obstruction etc. of watercourse, road etc. not authorised by s.
            
   15.      Bed of watercourse etc. on land boundary remains Crown property
            
   16.     Riparian owner etc., rights of access etc. to watercourse etc. despite s.
            
   17.      Obstruction etc. of watercourse etc. without authority, offence and Minister’s powers as to
            
   17A.    Dams built etc. before 10 Jan 2001, saving for as to s. 17 permits
            
   17B.    Permits for s. 17, regulations for
            
   18.     Discharge etc. of sludge etc. into watercourse, offence

           Division 2 -- Other surface waters  

   19.     Watercourses etc. to which this Division applies
            
   20.     Riparian owners etc., rights of
            
   21.     Rights to water to which there is access by public road etc.
            
   21A.    Obstruction etc. of watercourse, road etc. not authorised by s.
            
   22.      Unauthorised diversion etc. of water, Minister’s powers as to
            
   24.     Saving of civil remedy
            
   25.     Obstruction etc. of watercourse etc. on Crown land, offence and Minister’s powers as to

           Division 3 -- Underground waters  

   25A.    Non-artesian wells in prescribed areas, rights to take water from
            
   26.     Local by-laws for s. 25A(2)
            
           26A. Artesian well constructed or altered without licence, offence
            
   26B.    Non-artesian well in certain areas etc. constructed or altered without licence etc., offence
            
   26C.    Exemptions to s. 5C and 26B(3)-(6), declaring
            
   26D.    Licence for construction etc. of well, application for and issue of
            
   26E.    Non-artesian well completed after 15 Feb 1985, Minister to be informed about
            
   26F.    Altering licensed well or contravening licence, offence
            
   26G.    Water from s. 26B(3) well, Minister’s powers to control waste etc. and rate of use of

           Division 3A -- Limitations on rights conferred by and under Divisions 1B, 2 and

              Subdivision 1 -- Limitations where water is augmented  

   26GA.   Rights under s. 9, 10, 20 and 21 to augmented volume of water, limits on

              Subdivision 2 -- Limitations imposed by direction  

   26GB.   Term used: water resource
            
   26GC.   Taking and use of certain water, Minister’s powers to restrict etc.
            
   26GD.   When s. 26GC applies
            
   26GE.   Powers in s. 26GD, limits on Minister’s exercise of
            
   26GF.   Directions under s. 26GC override rights and s. 22 and 26G directions

           Division 3B -- Review  

   26GG.   Review by SAT of Sch. 1 decisions on s. 5C licences
            
   26GH.   Review by SAT of s. 22, 26G and 26GC directions and Sch. 1 cl. 39 decision
            
   26GI.   Review by SAT of decisions on s. 26D licences
            
   26GJ.   Notice to relevant water resources management committee

           Division 3C -- Local water resources management committees  

   26GK.   Establishing committees and subcommittees
            
   26GL.   Orders under s. 26GK, content of
            
   26GM.   Functions of committees
            
   26GN.   Committee members to act honestly etc.
            
   26GO.   Procedure of committees
            
   26GP.   Delegation by Minister to committee
            
   26GQ.   Minister to provide support to committee
            
   26GR.   Remuneration of committee members
            
   26GS.   Protection from personal liability for wrongdoing
            
   26GT.   Execution of documents by committee

           Division 3D -- Plans for management of water resources

              Subdivision 1 -- Plans and their contents  

   26GU.   Preparation of plans; when plan has effect
            
   26GV.   Classification of plans
            
   26GW.   Regional management plans, purposes of
            
   26GX.   Sub-regional management plans, purposes of
            
   26GY.   Local area management plans, purposes of
            
   26GZ.   Consultation required before plan prepared etc.

              Subdivision 2 -- Public consultation and making of plans  

   26GZA.  Proposed plan to be publicly notified
            
   26GZB.  Public submissions on proposed plan
            
   26GZC.  Referral of proposed plan to other bodies
            
   26GZD.  Modification of proposed plan
            
   26GZE.  Proposed plan to be given to Water Resources Council; making a proposed plan
            
   26GZF.  Approval of plan, public notice of; when plan has effect
            
   26GZG.  Review, revocation, amendment and correction of plan

           Division 3E -- Register of instruments  

   26GZH.  Terms used
            
   26GZI.  Register, keeping and inspection of etc.
            
   26GZJ.  Content of register
            
   26GZK.  Transfer of licence etc. under Sch. 1 cl. 31 to be recorded
            
   26GZL.  Security interest in licence, application for note of
            
   26GZM.  Security interest, notation of
            
   26GZN.  Notation of security interest, CEO’s functions as to and effect of
            
   26GZO.  Holder of notated security interest to be notified of certain events
            
   26GZP.  Economic Regulation Authority to be notified of certain events
            
   26GZQ.  Security interest notation, removal and variation of
            
   26GZR.  Register, CEO may amend etc.
            
   26GZS.  No compensation for acts done etc. under this Division
            
   26GZT.  Regulations relating to register

           Division 4 -- Miscellaneous  

   26H.    Right of entry of Minister
            
   26J.    Court proceedings, Minister may institute and evidence in
            
   26K.    This Part binds Crown and statutory undertakers
            
   26L.    Local by-laws, Minister’s powers to make etc.
            
   26M.    Licensing schemes, local by-laws as to
            
   26N.    Prerequisites for making local by-laws
            
   26O.    Drainage etc., local by-laws as to
            
   26P.    Flood protection works, local by-laws as to
            
   26Q.    Minister’s powers exercisable on behalf of people with water entitlement
            
   27.     Regulations
            
   27A.     Regulations may require certain work etc. to be licensed
            
   27B.    Regulations as to licences and permits
            
   27C.    Review of this Part

   PART IV -- Irrigation Districts  

   28.     Constitution of districts etc.
            
   29.     Boundaries of districts, alteration of etc.; sub-areas, creation of etc.

   PART VI -- The construction and maintenance of works  

   35.     Actions against Crown etc. for injury etc. to rights etc. and from floods etc. prohibited
            
   36.     Compensation for injury etc. to rights etc. and from floods etc., claims for etc.
            
   37.     Compensation claims, disputes as to
            
   38.     Compensation claims, principles to be applied to

   PART XI -- General provisions  

   64.     Railways, water for
            
   66.     Service of notices and demands, manner of
            
   67.     Notices bind persons claiming under owner or occupier
            
   69.     Civil remedy not affected by criminal proceedings
            
   70.     Obstructing official, offence
            
   71.     Refusing to give up possession of works, offence
            
   72.     General penalty
            
   73.     Arrest powers
            
   74.     Prosecutions to be dealt with summarily
            
   79.     Ownership or occupancy, proof of
            
   79A.    Works, proof of facts as to
           SCHEDULE 1 -- Licensing and related provisions