Western Australian Current Acts

RIGHTS IN WATER AND IRRIGATION ACT 1914 - SECT 26GD

26GD .         When s. 26GC applies

        (1)         Section 26GC applies to a watercourse, wetland or underground water source if the Minister —

            (a)         has made a determination that the quantity of water in the water resource is, or is likely to be, insufficient to meet demand, including any demand made by the needs of the environment; or

            (b)         has made, and published in the Gazette, an order declaring that a water shortage exists in the area in which the water resource is situated,

                and so long as any such determination or order has not been revoked.

        (2)         Section 26GC also applies so as to enable the Minister to give directions to a person who is taking water from a water resource if in the opinion of the Minister the taking of the water is having a harmful effect on the water resource or the water being taken —

            (a)         is being improperly used; or

            (b)         is being wasted; or

            (c)         is having a harmful effect; or

            (d)         is not being used to the best advantage.

        [Section 26GD inserted: No. 49 of 2000 s. 40; amended: No. 38 of 2007 s. 101(1).]