Western Australian Current Acts

RIGHTS IN WATER AND IRRIGATION ACT 1914 - SECT 27A

27A .         Regulations may require certain work etc. to be licensed

        (1)         The regulations may —

            (a)         prohibit a person from engaging in any work or activity to which this section applies unless the person is authorised to do so by a licence granted by the Minister under the regulations; and

            (b)         impose penalties —

                  (i)         not exceeding $10 000 and a daily penalty of $1 000 for engaging in any work or activity to which this section applies otherwise than under such a licence; and

                  (ii)         not exceeding $2 000 and a daily penalty of $200 for any other breach of regulations made under this section;

                and

            (c)         confer on the Minister powers —

                  (i)         to direct that works that contravene regulations so made be removed at the expense of the owner or occupier of the land on which the works are situate; and

                  (ii)         if a direction is not complied with to —

                        (I)         effect the removal; and

        (II)         recover the cost of doing so from that owner or occupier,

                and making provision incidental and supplementary to those powers.

        (2)         This section applies to work or activity that —

            (a)         involves the discharge of water that results in a significant increase in the flow or level of water in a watercourse, wetland or underground water source; or

            (b)         is likely to cause or result in damage to an aquifer; or

            (c)         consists of the construction or operation of drainage or dewatering works that are likely to affect the water in a watercourse, wetland or underground water source.

        [Section 27A inserted: No. 49 of 2000 s. 51; amended: No. 38 of 2007 s. 101(1).]