Western Australian Repealed Acts

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This legislation has been repealed.

WATER BOARDS ACT 1904


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   3.      Terms used
            
   3A.     Application of Water Services Licensing Act 1995

   PART II -- Constitution of water areas and water boards

           Division 1 -- Water areas  

   4.      Governor may constitute water areas

           Division 2 -- Vesting of assets  

   5.      Governor may apportion and adjust assets etc. of water boards

           Division 3 -- Water boards  

   6.      Water boards
            
   7.      Modes of constitution of water board
            
   8.      Number of members
            
   9.      Provisions when members of water board are elected
            
   10.     Provisions as to members
            
   10A.    Supply of goods or services by member
            
   11.     Water board to be body corporate
            
   12.     Disputed elections or exercise of office

           Division 4 -- Proceedings of water boards  

   13.     Application of Acts under which local governments appointed
            
   14.     Proceedings
            
   15.     First meeting
            
   16.     Meetings
            
   17.     Members to elect chairman
            
   18.     Chairman’s duty
            
   19.     Quorum
            
   20.     Penalty for acting as member where interested
            
   21.     Adjournment of meeting
            
   22.     Resolutions, how revoked or altered
            
   23.     On petition or otherwise, Governor may intervene
            
   24.     Notices of meetings
            
   25.     Committees of board and quorum
            
   26.     Meetings, chairman etc. of committees
            
   27.     Minutes of proceedings
            
   28.     Copies and extracts from minutes
            
   29.     Remuneration and allowances

           Division 5 -- Delegation of authority  

   30.     Water board may delegate powers

           Division 6 -- Officers of water boards  

   31.     Appointment, removal etc. and salaries of officers
            
   32.     Chairman may suspend officers
            
   33.     Officers exacting or accepting fees
            
   34.     Officers failing to render accounts or to pay balance and deliver over property of board
            
   35.     Proceedings after officer has ceased to hold office

   PART III -- The construction, maintenance, and extension of waterworks  

   36.     Water reserves and works may be placed under control of water board or Minister
            
   37.     Minister to have powers of local government under Health Act 1911
            
   39.     Works to be property of water board
            
   40.     Board may construct waterworks
            
   41.     Preliminaries to construction
            
   42.     Plans open to inspection
            
   44.     Objections
            
   45.     Submission for approval
            
   45A.    Exempt works
            
   46.     Powers of water board
            
   47.     Power to break road etc.
            
   48.     Notices to be served on local government having control before breaking up road or opening drains
            
   49.     Roads not to be broken up except under superintendence of local government
            
   50.     Roads etc. broken up to be re-instated without delay
            
   51.     Local governments to give particulars as to levels
            
   51A.    Water quality, and provision of works etc.
            
   52.     Works may be constructed by Minister
            
   53.     Water board to be advised of Minister’s intention to construct works
            
   54.     Works to be transferred to water board on payment of cost

   PART IV -- The supply and distribution of water  

   55.     Supply to rated land
            
   56.     Request for supply to rated land
            
   57.     Supply to land not rated
            
   58.     Water board may supply meter and charge by measure
            
   59.     Meter records and testing of meters
            
   60.     Water may be cut off from unoccupied premises etc.
            
   61.     Provisions for supplying groups of houses
            
   61A.    Owners and occupiers to provide tanks and appliances
            
   62.     Supply to land outside water area
            
   62A.    Water supply to subdivided land
            
   62B.    Water supply on development of land
            
   62C.    Deferring headworks payments for certain subdivisions
            
   62D.    Transfer of land restricted until deferred amount paid
            
   63.     Fire hydrants
            
   65A.    Acquisition by agreement of works from person or local government

   PART V -- The protection of works and fittings and the prevention of waste  

   66.     Duty to keep fittings in repair
            
   67.     Fittings not to be connected or disconnected without notice
            
   68.     Power to enter and examine whether water is wasted etc.
            
   69.     Protection of fittings
            
   70.     Power to enter on land and fix fittings
            
   71.     Penalty for using unauthorised fittings
            
   72.     Penalty for not repairing fittings
            
   73.     Penalty for destroying valves etc.
            
   74.     Penalty for taking etc. water in contravention of this Act
            
   75.     Fraudulent taking of water
            
   76.     Other consequences of contravening this Act or by-laws

   PART VI -- Water rates and payment for water

           Division 1 -- The rating records  

   76A.    Terms used
            
   76B.    Authority for Minister to appoint rating years
            
   76C.    Adjustment of rate on alteration of rating year
            
   77.     Rating records
            
   79.     Inspection of rating records
            
   80.     Water board may inspect rating records of local governments
            
   81.     Access to be given
            
   82.     Penalty for not permitting inspection
            
   83.     Rateable value
            
   84.     Rating records may be amended
            
   85.     Notice of amendment to be given

           Division 2 -- Objections and review  

   87.     Objection to entry in rating records
            
   88.     Review of decision of water board on objection
            
   89.     Objections and review of valuations
            
   89A.    New matters raised on review
            
   89B.    Written reasons for certain determinations to be given and published
            
   90.     No other objections and reviews against valuations
            
   91.     Objection not to affect liability to pay rates
            
   91A.    Water board to amend rating records and assessment consequent on objection or review
            
   92.     Land subject to water rate
            
   93.     Amount of rate
            
   93A.    Re-assessment of gross rental value after rating records made up
            
   93B.    Concession on water rates after subdivision
            
   94.     Manner of making rate
            
   95.     Rate for unexpired portion of year in case of new main or sewer

           Division 3 -- Payment  

   97.     Water rates when payable
            
   98.     Payment for water supplied by measure
            
   99.     Payment by measure when land rated
            
   99A.    Discounts and additional charges
            
   102.    Recovery by action or complaint
            
   103.    In action against owner, proof of demand on occupier not necessary
            
   104.    Persons liable may be resorted to in succession
            
   105.    Rating records to be evidence
            
   106.    Recovery of rates paid by owner from occupier
            
   107.    Apportionment of rates between successive owners or occupiers
            
   108.    Prohibition on dealings in land

   PART VII -- Finance  

   110.    Minister may determine value of works transferred to water board
            
   111.    Revenue how applied
            
   112.    Payments to be made out of Water Fund for any authorised purpose
            
   113.    Power to borrow money
            
   114.    Proposition to borrow money to be advertised
            
   115.    Debentures
            
   116.    Repayment of debentures
            
   117.    Payment of interest
            
   118.    Debentures and coupons transferable by delivery
            
   119.    Debentures and interest a charge on property and revenues of water board
            
   120.    Sinking fund to be created
            
   121.    Investment of sinking fund
            
   122.    Accumulated sinking fund to be applied in payment of loan
            
   123.    Powers of receiver
            
   123A.   Overdraft
            
   124.    Treasurer may advance moneys
            
   125.    Such advances to be a charge on the works and revenue
            
   126.    Subsidy may be withheld
            
   127.    Treasurer may levy and collect rates and charges
            
   128.    Governor may appoint Commissioners
            
   129.    Powers of Commissioners

   PART VIII -- Accounts and audit  

   130.    Application of Financial Management Act 2006 and Auditor General Act 2006
            
   131.    Inspection of accounts by Minister

   PART IX -- By-laws  

   141.    Water board may make by-laws
            
   142.    Penalties for breach of by-laws
            
   143.    Regulations

   PART X -- General provisions  

   144.    Notices
            
   145.    Notices and demands, how served
            
   146.    Notices binding on persons claiming under owner or occupier
            
   147.    Notices may be authenticated by signature of chairman without seal
            
   148.    Service on water board
            
   149.    Saving of civil remedy
            
   150.    Recovery of value of water misused etc.
            
   151.    Obstructing water board or officers in performance of duty
            
   152.    Penalty for refusing to give up possession of works
            
   153.    Offender may be arrested
            
   154.    Proceedings for an offence
            
   155.    Application of penalties
            
   156.    Water board may be represented by secretary or other officer
            
   158.    Public registers of WA Land Information Authority and other departments may be searched without fee
            
   159.    Property of water board not to be taxed
            
   160.    Proof of ownership or occupancy
            
   161.    Powers of water board may be exercised by Minister

   PART XI -- Infringement notices  

   162.    Infringement notices
           SCHEDULE 9 -- Debenture
           Compilation table


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