Western Australian Current Acts

WATER AGENCIES (POWERS) ACT 1984 - SECT 97

97 .         Certain deviations from and modifications of proposed works permitted

        (1)         Where the Minister is of the opinion that any deviation from the proposed line of works may be necessary, the Minister may, in preparing the plans of the proposed works pursuant to section 88 or section 93, show on those plans a limit within which the line of works as constructed may deviate to accommodate changes in location not inconsistent with the general proposal and any such deviation shall, if the works are authorised, be taken to be authorised.

        (2)         Whether or not a limit within which the line of works may deviate during construction is shown on the plans of authorised works, the Minister in carrying out the works may deviate not more than 20 m from the location shown on those plans if —

            (a)         the change is of a nature not inconsistent with the general proposal; and

            (b)         where the proposed works are to be constructed or provided on land other than —

                  (i)         unoccupied Crown land; or

                  (ii)         a road reserve,

                the deviation is agreed in writing by the owner and occupier of the affected land.

        (3)         The Minister may, during the carrying out, construction or provision of works, depart from any description, proposal or plans of authorised works, and may make such modifications as are required by the circumstances, if the departure is agreed in writing by the owner and occupier of the affected land.

        (4)         Where the Minister is satisfied that a deviation or modification of a kind to which subsection (1), (2) or (3) does not apply —

            (a)         is not inconsistent with the general proposal; and

            (b)         is necessary in the public interest; and

            (c)         does not adversely affect the interest of any person who is the owner or occupier of the land where the works are to be situate,

                the Minister may carry out the works as so varied, despite the provisions of sections 88 and 89, or 93, 94 and 95, not having been complied with.

        [Section 97 inserted: No. 25 of 1985 s. 19; amended: No. 73 of 1995 s. 42; No. 38 of 2007 s. 132 and 135; No. 25 of 2012 s. 103 and 109.]

[Division 3 (s. 98-101) deleted: No. 25 of 2012 s. 104.]

[Division 4 (s. 102) deleted: No. 25 of 2012 s. 104.]

        [Heading inserted: No. 25 of 1985 s. 20.]