Western Australian Current Acts

RIGHTS IN WATER AND IRRIGATION ACT 1914 - SECT 5

5 .         Waters to which this Part does not apply

        (1)         This Part does not apply to or in relation to —

            (a)         the water flowing from any spring the water of which rises to the surface on land that has been granted or demised by the Crown until it has passed beyond the boundaries of the land belonging to the owner or occupier of the land on which the water so rises; or

            (b)         the water in any wetland the bed of which is on land that has been granted or demised by the Crown and is wholly within the boundaries of the land belonging to the owner or occupier of the land on which it is situated,

                unless the spring or wetland is prescribed by local by-laws as being a spring or wetland to which this Part applies.

        (2)         A spring or wetland may not be prescribed as a spring or wetland to which this Part applies unless —

            (a)         taking water from the spring or wetland will, in the opinion of the water resources management committee established under Division 3C for the locality or localities in which the by-law is intended to apply, have a significant impact on the flow or level of a watercourse or wetland; and

            (b)         that committee recommends to the Minister that this Part applies to or in relation to the spring or wetland.

        [Section 5 inserted: No. 49 of 2000 s. 7; amended: No. 38 of 2007 s. 53.]

        [Heading inserted: No. 49 of 2000 s. 18.]