Western Australian Current Acts Western Australian Current Acts (1) Where the volume
of water in any watercourse or wetland is augmented by the introduction of
water by works constructed for that purpose, the rights conferred by
sections 9, 10, 20 and 21 to take water in that watercourse or wetland —
(a) are
subject to the limitations set out in subsection (2); and
(b) may
be exercised only in accordance with that subsection and the regulations.
(2) A person is not
entitled by section 9, 10, 20 or 21 to take any more of the water of the
watercourse or wetland concerned than —
(a) the
amount prescribed by local by-laws; or
(b) if
paragraph (a) does not apply, the amount calculated in accordance with
subsection (3).
(3) The amount for the
purposes of subsection (2)(b) is —
(a) the
aggregate of —
(i)
14 kL per day for —
(I) domestic and ordinary use; and
(II) watering cattle
or other stock,
in respect of every
kilometre of frontage measured by the general course to the watercourse or
wetland; and
(ii)
where section 9 or 20 applies, 8 500 m 3 per annum for
the irrigation of a garden as mentioned in those sections;
or
(b) the
amount of water that would be available to the person and to which the person
would be so entitled but for the augmentation referred to in subsection (1),
whichever is the
lesser.
(4) Local by-laws may,
for particular cases or classes of cases, specify the amount of water to which
subsection (3)(b) refers, and any such specification is conclusive as to that
amount.
[Section 26GA inserted: No. 49 of 2000 s. 40.]
[Heading inserted: No. 49 of 2000 s. 40.]