Western Australian Current Acts

WATER AGENCIES (POWERS) ACT 1984 - SECT 86

86 .         Terms used

                In this Part and in Part VII —

        exempt works means —

            (a)         the maintenance, repair, minor alteration, reinstatement or replacement of existing works; and

            (b)         the construction or provision of other works —

                  (i)         not being major or general works; or

                  (ii)         being works in, on, under or over private land, which are constructed or provided on, and at the request of the owner of, the land served or to be served by the water services in respect of which the works are required; or

                  (iii)         being works in, on, under or over Crown land or road reserves and required to link other exempt works to existing works;

                and

            (c)         alterations to general works and additions or extensions to general works in, on, under or over land vested in the Minister; and

            (d)         alterations, extensions or additions to major works where section 91 does not apply; and

            (e)         such other works of the nature specified in the Order as the Governor may, from time to time by Order in Council, declare to be exempt works for the purposes of this Act or a relevant Act, notwithstanding that such works may form part of or be related to general works or major works;

        general works means the construction or provision of —

            (a)         trunk and distribution water mains, pumping stations, pumping mains, control and metering stations, main and branch sewers, main drains, irrigation channels, compensating basins and water and sewerage reticulation mains, being reticulation mains not constructed at the request of the owner of the land affected; and

            (b)         such other works of a kind similar to the works referred to in paragraph (a) of this definition as the Governor may, from time to time by Order in Council declare to be general works for the purposes of this Act or a relevant Act; and

            (c)         works in, on, under or over private land, other than exempt works;

        major works means the construction or provision of —

            (a)         dams, service reservoirs, bulk water storage facilities, groundwater schemes, irrigation schemes, wastewater treatment plants or water treatment plants; and

            (b)         such other works as the Minister considers, by virtue of their location, size or nature, to be of sufficient public interest to require public advertisement and that an opportunity to object or comment thereon should be given.

        [Section 86 inserted: No. 25 of 1985 s. 19; amended: No. 73 of 1995 s. 42; No. 38 of 2007 s. 124; No. 25 of 2012 s. 96 and 109.]

        [Heading inserted: No. 25 of 1985 s. 19.]