Acts Amendment (Water Authorities) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(WATER AUTHORITIES) ACT 1985.

(No. 110 of 1985.)

ARRANGEMENT.

PART I—PRELIMINARY.

Section.

1. Short title.

2. Commencement.

PART II—WATER AUTHORITY ACT 1984.

3. Principal Act.

4. Section 3 amended. 5. Section 8 amended. 6. Section 27 amended. 7. Section 28 amended. 8. Section 34 amended. 9. Section 35 amended. 10. Section 69A inserted. 11. Section 103 amended.

12. Parts X and XI inserted.

13. Validation of Order in Council.

PART III—METROPOLITAN WATER AUTHORITY

ACT 1982.

14. Principal Act.

15. Divisional headings to Part I repealed.

16. Section 4 amended.

17. Section 40 repealed and substituted.

18. Section 102 amended. 19. Section 105 amended. 20. Section 107 amended. 21. Section 108 amended.

PART IV-METROPOLITAN WATER SUPPLY, SEWERAGE,

AND DRAINAGE ACT 1909.

Section.

22. Principal Act.

23. Section 34 repealed. 24. Section 36 amended. 25. Section 41 amended. 26. Section 48 repealed. 27. Section 50A inserted. 28. Section 56 amended. 29. Section 62 repealed. 30. Section 64 repealed. 31. Section 100 amended.

32. Section 121 amended. 33. Section 146 amended. 34. Section 148 inserted. 35. Various penalties increased.

PART V-COUNTRY AREAS WATER SUPPLY ACT 1947.

36. Principal Act.

37. Section 5 amended.

38. Section 12A amended.

39. Section 12ED amended.

40. Section 28 amended.

41. Section 29 amended.

42. Section 33 amended.

43. Section 41 repealed.

44. Sections 43A and 43B inserted.

45. Section 45 amended.

46. Section 46 amended.

47. "Rate Books" amended to "Rating Records" in Part VI.

48. "rate books" amended to "rating records" in Part VI.

49. "a rate book" amended to "the rating records" in Part VI.

50. "rate book" amended to "rating records" in Part VI.

51. Section 47 repealed.

52. Section 50 amended.

53. Section 54 further amended.

54. Section 55 further amended.

55. Section 56 further amended.

56. Section 57 repealed. 57. Section 58 amended.

58. Section 63A further amended.

59. Section 66 amended. 60. Section 70 amended. 61. Section 72 amended. 62. Section 72A inserted. 63. Section 73 amended.

64. Section 76 amended.

65. Section 77 repealed and substituted.

66. Section 78 amended. 67. Section 80 amended. 68. Section 105 amended.

PART VI-COUNTRY TOWNS SEWERAGE ACT 1948.

Section.

69. Principal Act.

70. Section 3 amended. 71. Section 35 amended. 72. Section 38 repealed. 73. Section 40 repealed. 74. Section 41A inserted.

75. Section 42 amended. 76. Section 45 amended.

77. "Rate Books" amended to "Rating Records" in Part VII.

78. "rate book" amended to "rating records" in Part VII.

79. "a rate book" amended to "the rating records" in Part VII.

80. Section 48 repealed and substituted.

81. Section 52 amended.

82. Section 57 repealed and substituted.

83. Section 58 further amended.

84. Section 60 repealed.

85. Section 61 further amended.

86. Section 62 amended. 87. Section 69 amended. 88. Section 73 amended. 89. Section 73A amended.

90. Section 75 amended. 91. Section 77 amended. 92. Section 78A inserted. 93. Section 80 amended. 94. Section 102 amended. 95. First Schedule deleted.

96. Various penalties increased.

PART VII-LAND DRAINAGE ACT 1925.

97. Principal Act.

98. Section 72 amended.

99. "rate-books" amended to "rating records" in Part VII.

100. "rate-book" and "ratebook" amended to "rating records" in Part VII.

101. Section 81 repealed and substituted.

102. Sections 82, 83 and 84 repealed.

103. Section 89 amended.

104. Section 90A amended.

105. Section 91 further amended.

106. Section 92 amended.

107. Section 93 further amended.

108. Section 98 amended. 109. Section 99 amended. 110. Section 99C amended.

111. Section 100 further amended.

112. Sections 100A and 100B inserted.

113. Section 103 amended. 114. Section 105 amended. 115. Section 108 amended.

116. Heading to Division 6 of Part VII repealed.

117. Section 148 amended.

118. Various penalties increased.

PART VIII-RIGHTS IN WATER AND IRRIGATION

ACT 1914.

Section.

119. Principal Act.

120. Section 12 amended. 121. Section 16 amended.

122. Section 17 amended.

123. "a rate book" amended to "the rating records" in Part VII.

124. Section 39C amended.

125. Section 39D amended. 127. Section 39F amended. 128. Section 40B amended.	126.	Section 39E further amended.
129.	Section 40C amended.
130.	Section 41 repealed and substituted.

131. Section 42AA amended. 132. Section 42AB inserted. 133. Section 59 amended.

134. Section 80 inserted.

PART IX-WATER BOARDS ACT 1904.

135. Principal Act

136. Section 3 amended. 137. Section 36 amended. 138. Section 55 amended. 139. Section 63 amended.

140. Section 75 amended.

141. "rate books" amended to "rating records" in Part VI.

142. "rate book" amended to "rating records" in Part VI.

143. "a rate book" amended to "the rating records" in Part VI.

144. Section 77 amended.

145. Section 79 repealed and substituted.

146. Section 86 repealed. 147. Section 87 amended.

148. Section 88 amended.

149. Section 92 further amended.

150. Section 94 amended. 151. Section 99 amended. 1.52. Section 135 amended. 153. Section 143 inserted. 154. Section 162 inserted. 155. First Schedule deleted.

156. Various penalties increased.

PART X-PARLIAMENTARY COMMISSIONER ACT 1971.

157. Principal Act.

158. Schedule amended.

WESTERN AUSTRALIA.

ACTS AMENDMENT (WATER

AUTHORITIES).

No. 110 of 1985.

AN ACT to amend the Water Authority Act 1984, the Metropolitan Water Authority Act 1982, the Metropolitan Water Supply, Sewerage, and Drainage Act 1909, the Country Areas Water Supply Act 1947, the Country Towns Sewerage Act 1948, the Land Drainage Act 1925, the Rights in Water and Irrigation Act 1914, the Water Boards Act 1904 and the Parliamentary Commissioner Act 1971.

[Assented to 17 December 1985.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

(Water Authorities) Act 1985.

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Commence-

ment.

2. The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation.

PART 1I-WATER AUTHORITY ACT 1984.

Principal

Act.	3.	In this Part the Water Authority Act 1984 is
Act No. 3 of

1984 as

referred to as the principal Act.

amended by

Act No. 25

of 1985.

Section 3

Section 3 of the principal Act is amended in

subsection (1), by inserting, in their appropriate

alphabetical positions, the following definitions

amended.

CC "gross rental value", in relation to rateable

land, means the gross rental value of that land in force under the Valuation of Land Act 1978;

"rateable land" means all land that is rateable land under the provisions of a relevant Act;

"unimproved value", in relation to rateable land, means the unimproved value of that land in force under the Valuation of Land Act 1978;

"valuation", in relation to rateable land,

means a valuation of that land in force

under the Valuation of Land Act 1978; ".

Section 8

amended.

Section 8 of the principal Act is amended

(a)	in paragraph (c) of subsection (1), by inserting after "authority" the following

ft , the Crown "; and

(b)	in subsection (3), by inserting after "authority" the following-

, the Crown ".

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

6. Section 27 of the principal Act is amended in sel;;M

subsection (2), by deleting "Arbitration" and sub-

stituting the following-

" Relations ".

7. Section 28 of the principal Act is amended— =dner

(a)	in paragraph (b) of subsection (2), by deleting "under the Industrial Arbitration Act 1979 or any relevant award or agree- ment under the Public Service Arbitration Act 1966" and substituting the following

<f or agreement under the Industrial

Relations Act 1979 "; and

(b)	in subsection (3), by deleting "Public Service Arbitration Act 1966" and substitut- ing the following-

" Industrial Relations Act 1979 ".

8. Section 34 of the principal Act is amended 'at ITT

in subsection (3)-

(a)	by deleting "and" after paragraph (i);
(b)	in paragraph (j), by deleting "services." and substituting the following

ft services; "; and

(c)	by inserting after paragraph (j) the following

CC (k) regulate the inspection, testing,

stamping, marking and authoriz- ation of materials, fittings and fixtures intended to be connected

with the Authority's works;

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

(1) prescribe the kinds of work that shall be taken to be of the nature of plumbing work, specify whether and to what extent and in what circumstances the by-laws shall apply to and in relation to any such work, prescribe, by reference to the nature of that work, different classes of plumbing work and in relation to those classes, make provision for different kinds of permit, notification, certifica- tion, inspection and authorization procedures; and

(m) make provision for

(1) the administration of a scheme to license, control and regulate persons to carry out plumbing work connected or to be con- nected with the Authority's works;

(ii) examinations and qualifica- tions required of a person desiring to obtain a licence under Part X, and for the conduct of examinations (including the practical testing of applicants) for such a licence;

(iii) systems of authorization, certification, inspection and supervision of plumbing work;

(iv) the hearing of inquiries, disciplinary proceedings, and appeal procedures in relation to licences under Part X. ".

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

Sectn 35

Section 35 of the principal Act is amended in amen

ioded.

subsection (11), by deleting "1918 in general, and those of sections 36 and 38" and substituting the following-

" 1984 in general, and those of Part VI ".

10. following section is inserted-

After section 69 of the principal Act the Snortldt9A

C' 69A. (1) Where the provisions of a

Rating records.

relevant Act so require, the Authority shall compile, from time to time amend, and maintain rating records in respect of all rateable land within the meaning of that term in and for the relevant Act concerned showing

(a)	the description and situation of the land rated;
(b)	the name and address of the owner;

(d)

the gross rental value, the unim- proved value, or the area of the land, as the case requires;

(e)

the class, classification or grade of the land, as the case requires;

(f)

the amount payable in respect of rates under the relevant Act con- cerned that is levied for the current rating year; and

(g)

such other information as may be prescribed or as the Authority

requires.

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

(2) Where the name or address of the owner of any land liable to be rated under the relevant Act concerned is not known to the Authority or the Authority is otherwise authorized by or on behalf of the owner, the Authority may

(a)	record the fact that the name or address is unknown in the rating record;
(b)	record the name and address of a person occupying, or responsible for the management of, the land or authorized to accept service of notices or demands on behalf of the owner; and
(c)	rate the land, and in respect of the rate, serve notice and make demand upon either-

(i) the owner or occupier, by that designation pursuant to this Act or a relevant Act; or

(II) a person authorized to accept service on behalf of the owner.

(3) The rating record for any rateable land shall at all reasonable times be made avail- able for inspection by any ratepayer without payment, and the Authority shall, on request by any person who satisfies the Authority that he has a material interest in any portion of the records, furnish a copy of that portion of the records to that person on payment of the prescribed amount.

(4) For the purposes of this Act or a relevant Act, a person authorized in writing by the Authority may at any reasonable time without any fee or charge inspect any valuation, rate book or other valuation or

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

rating records maintained by or in the possession of a municipality and shall be permitted access thereto and to take copies or copies of extracts, and the town clerk or the shire clerk of the municipality shall on the request of the Authority

(a)	furnish to the Authority, on payment of such amount, if any, as may be prescribed, pursuant to the Local Government Act 1960, a copy of any such record verified by him by statutory declaration; and
(b)	notify the Authority in writing of any amendment or alteration made thereto. ".

11.

in subsection (4), by deleting "or a rate book kept

under" and substituting the following-

Section 103 of the principal Act is amended =crier3

" kept for the purposes of ".

12. following headings and Parts are inserted—.

After section 103 of the principal Act the irtgAig

PART X-LICENSING OF PLUMBERS.

Interpreta-

104. In this Part

tion.

"prescribed" means prescribed by the

by-laws.

105. (1) Where the Authority is satisfied 111,1=1:0

that a person is qualified in accordance with the by-laws and has paid the prescribed fee, it shall issue to that person a licence authorizing him, for the duration of the licence, to supervise and perform plumbing work in connection with water supply or sewerage which is connected or is intended to connect directly or indirectly to the

Authority's works.

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

A licence under subsection (1) may be issued or renewed subject to prescribed conditions or subject to such special conditions as the Authority considers appropriate.

(2)

The Authority may by by-law prescribe different classes of licence and may prescribe the work which may be carried out by the holder of a particular class of licence.

(3)

(4) The Authority may in the manner, in the circumstances and subject to the conditions prescribed, suspend, cancel or refuse to renew any licence issued under sub- section (1) or under the provisions of a relevant Act.

Offences.

106. (1) A person shall not commence or perform any plumbing work in connection with water supply or sewerage, which connects or is intended to connect directly or indirectly with the Authority's works unless he is, or is under the immediate super- vision of, the holder of a licence under this Part authorizing him to perform that work.

Penalty: $2 000.

(2) A person who knowingly employs another to commence or perform work referred to in subsection (1) in contravention of this section is guilty of an offence.

Penalty: $2 000.

Appeal to

(1) A person who is aggrieved by a decision of the Authority to

Local Court.

107.

(a)	suspend, cancel or refuse to renew his licence pursuant to section 105 (4); or
(b)	impose a condition on his licence

under section 105 (2),

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

may within the period and in the manner prescribed, appeal to a Local Court against that decision.

(2) A Local Court hearing an appeal under subsection (1) may make an order directing the Authority to take such action with respect to the licence as the court thinks fit and the decision of the Local Court is final.

PART XI-GENERAL.

108. (1) The Minister shall carry out a gg=tatte„.

review of the operations of

(a)

any committee of the Authority appointed under section 17; and

(b)

any Regional Advisory Committee

appointed under section 21,

as soon as practicable after 1 January 1991 and every fifth anniversary of that date and in the course of such review the Minister shall consider and have regard to

(c)	the effectiveness of the operations of the committee concerned;
(d)	the need for the continuation of the committee concerned; and
(e)	such other matters as appear to him to be relevant.

(2) The Minister shall prepare a report based on his review under subsection (1) and shall, as soon as practicable after its preparation, cause the report to be laid before

each House of Parliament. ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Validation

of Order in

13. The transfer of functions from a statutory authority to the Authority by the Governor by Order in Council made, before the coming into operation of this section, under section 4 (1) of the principal Act shall not be invalid by reason only of the fixing of a day earlier than 28 days after the making of that Order as the day on which, in respect of that statutory authority, the provisions of sub- section (2) of section 7 of the principal Act have effect.

Council.

PART III-METROPOLITAN WATER AUTHORITY

ACT 1982.

Principal

Act.	14. In this Part the Metropolitan Water

Act No. 36 Authority Act 1982 is referred to as the principal

of 1982 as

Acts Nos 101

amended by Act.

of 1982 and 25 of 1985.

Divisional

15.

Part I of the principal Act is amended by

headings to

Part I

repealed.

repealing the divisional headings to Divisions 1

and 2.

Section 4

amended.

16.

Section 4 of the principal Act is amended

(a)	in subsection (1), in the definition of "Authority" by deleting "Metropolitan Water Authority preserved and continued pursuant to section 8 of this Act" and substituting the following-

" Water Authority of Western Australia established pursuant to the Water Authority Act 1984 "; and

(b) by repealing subsection (3).

Section 40

repealed and

17. Section 40 of the principal Act is repealed

substituted.

and the following section is substituted-

Rating

records.

40. The Authority shall, for the purposes

of this Act, compile rating records under

section 69A of the Water Authority Act

1984. ".

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

Section 102

18.

in subsection (6), by deleting "38" and substituting

the following-

Section 102 of the principal Act is amended

amended.

" 67 of the Water Authority Act 1984 ".

Section 105

19. by deleting "38" and substituting the following-

Section 105 of the principal Act is amended

amended.

" 67 of the Water Authority Act 1984 ".

20. Section 107 of the principal Act is amended— Section 107

amended.

(a)	in subsections (1) and (4), by deleting "III" and substituting the following-

" IV of the Water Authority Act 1984 ";

and

(b)	in subsection (2), by deleting "37" and substituting the following-

" 66 of the Water Authority Act 1984 ".

Section 108

21. Section 108 of the principal Act is amended amended.

by inserting after "VIII" the following-

" of the Water Authority Act 1984 ".

PART IV-METROPOLITAN WATER SUPPLY,

SEWERAGE, AND DRAINAGE ACT 1909.

Principal

22. Sewerage, and Drainage Act 1909 is referred to as

In this Part the Metropolitan Water Supply,

Act.

Reprinted as

approved 13

December

the principal Act.	1977 and amended by Acts Nos.
19. 76 and 105 of 1978, 3, 42 and 109
of 1979, 3 of 1980, 4/, 63 and 72 of 1981,37 and
100 of 1982 and 25 of 1985.
Section 34

23.

Section 34 of the principal Act is repealed.

repealed.

No. 110.] .

Acts Amendment (Water

[1985.

Authorities).

Section 38

Section 36 of the principal Act is amended by inserting after "of water" the following-

amended.

24.

" , if any, ".

Section 41	25.	Section 41 of the principal Act is amended
amended.

in subsection (1)-

(a)	in paragraph (b), by deleting "seven" and substituting the following-

" 30 "; and

(b)	in paragraph (e), by deleting "thereunder".

Section 48	26.	Section 48 of the principal Act is repealed.
repealed.
Section 50A	27.

After section 50 of the principal Act the following section is inserted

inserted.

Construction

over water	50A. (1) A person shall not, without the
mains

prohibited	prior consent of the Authority, erect,
without
consent of	construct or place any building, wall, fence
Authority.	or obstruction in, upon, under or within the prescribed proximity to a main or reticulation pipe of the Authority used for the purposes of water supply and then only upon and subject to such terms and conditions as the Authority thinks fit to impose for the protection of the pipe from interference or damage.

Penalty: $2 000 and in the case of a continuing offence, a further penalty not exceeding $200 fox each day the offence continues after the Authority serves notice of the offence on the

offender.

1985. j

Acts Amendment (Water

[No. 110.

Authorities).

(2) The Authority may demolish and remove any building, wall, fence or obstruc- tion which is erected, constructed or placed in contravention of subsection (1) and which interferes with or injuriously affects a pipe in the supply of water, and perform any works necessary for restoring or reinstating the pipe.

In addition to any penalty that may be imposed on an offender under subsection (1) the offender shall also pay to the Authority the expense incurred by it in removing any building, wall, fence or obstruction or in re-opening, restoring, repairing or reinstating a pipe pursuant to subsection (2). ".

(3)

Section 56

28. Section 56 of the principal Act is amended by deleting "misdemeanour, and liable to imprison- ment for any term not exceeding two years." and substituting the following

amended.

i t	misdemeanour.

Penalty: $2 000 or imprisonment for a

term of 2 years, or both. ".

29. Section 62 of the principal Act is repealed.

30.

Section 64 of the principal Act is repealed.

intid6

Section 100

31.

by inserting after "prescribed quantity" the

following-

Section 100 of the principal Act is amended

amended.

" , if any, ".

Section 121

32.

by deleting "are sufficient" and substituting the

following-

Section 121 of the principal Act is amended

amended.

" are not sufficient ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 146

amended.	33. Section 146 of the principal Act is amended by repealing paragraphs (24) and (25).
Section 148
Inserted.	34. After the heading to Part XII of the principal Act the following section is inserted

Notification

i t

of building

148. (1) Subject to subsection (6), the

or alteration.	owner or occupier of any land within the Area in or on which it is proposed to construct or alter any building shall give to the Authority the prescribed notice thereof and submit to the Authority a plan of the proposed construction or alteration, together with the prescribed fee for examining the plan and for making or modifying connec- tions to the water services provided by the Authority.
(2) The Authority shall, within 7 days after the receipt of the plan and prescribed fee, return a copy of the plan with such written directions in relation to water services as may be thought fit.

(3)	If the owner or occupier of any land

(a)	commences or causes to be commenced the construction or alteration of any building without giving the notice or without furnishing the plan referred to in subsection (1);
(b)	having given the notice and furnished the plan commences or causes to be commenced the construction or alteration of the building before the expiration of the 7 days mentioned in subsection (2) or before the plan has been returned by the Authority whichever is the

earlier; or

1985.]

Acts Amendment (Water

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Authorities).

the Authority under subsection (2),

he shall be liable to a penalty of $2 000.

(4) Where any building has been or is being constructed or altered in contravention of subsection (1) or contrary to or not in accordance with the directions given by the Authority under subsection (2) the Authority may, by notice in writing served on the owner or occupier, as the case requires, of the land, direct him within a specified time and in any specified manner to

(a)

cease any construction or alteration

being carried out;

(b)

remove, pull down, take up or alter the building or part thereof.

(5) If a person on whom a notice is served under subsection (4) fails or refuses to comply with the notice the Authority may

(a)	in accordance with the notice, remove, pull down, take up or alter the building or the part which has been constructed or altered; and
(b)	recover the expenses of so doing from the owner or occupier of the land.

(6) This section shall not apply in a case where the Authority declares, in writing, that it is satisfied that an emergency had arisen which rendered it necessary or desirable that the building should be constructed or altered before the directions of the Authority could be obtained, and that notice was given, the fee paid and a plan was furnished as soon as practicable.

(7) The fee referred to in subsection (1) may be prescribed by reference to the cost of the construction or alteration of the building concerned as assessed by the Authority. ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Various

penalties	35. The principal Act is amended by deleting in the provisions referred to in column 1 hereunder the penalties respectively set out in column 2 and substituting in each case the corresponding penalty set out in column 3.
increased.

Column 1.

Column 2.

Column 3.

Provision.

Deleted penalty.

New penalty.

section 52	"two hundred dollars"	"$2 000"
section 53	"forty dollars"	"$1 000"
section 53	"five dollars"	"$100"
section 54	"two hundred dollars"	"$2 000"
section 55	"two hundred dollars"	"$1500"
section 63 (1)	"forty dollars"	"$1 000"
section 66 (1)	"Eighty dollars"	"$2 000"
section 66 (1)	"twenty dollars"	"$200"
section 67	"forty dollars"	"$1 500"
section 68	"forty dollars"	"$1 000"
section 69	"two hundred dollars"	"$2 000"

PART V—COUNTRY AREAS WATER SUPPLY ACT 1947.

Principal

Act.	36.	In this Part the Country Areas Water Supply
Reprinted as

approved	Act 1947 is referred to as the principal Act.
18 April 1980 and amended by Acts Nos. 75 of 1980,
63 and 97 of
1981, 14 of
1982, 41 of
1984 and
25 of 1985.
Section 5

amended.

37.

Section 5 of the principal Act is amended

(a)	in the definition of "by-laws" by inserting after "under" the following-

" or for the purposes of ";

(b)	in the definition of "ratepayer" by deleting "books" and substituting the following-

" rating records ";

(c)

by inserting after the definition of "ratepayer" the following definition-

" "stream" means a river, creek, brook,

spring, aqueduct, conduit, tunnel,

sluice or other running water; ";

and

(d)

by deleting the definitions of "gross rental

value" and "unimproved value".

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

38. Section 12A of the principal Act is amended Pggrdecl?'

in subsection (lb), by deleting "section thirty-six of the Interpretation Act, 1918," and substituting the following-

" sections 41 and 42 of the Interpretation Act

1984 ".

Section 12ED

39. Section 12ED of the principal Act is

amended.

amended

(a)	in subsection (2), by deleting "that land the" and substituting the following-

" that land "; and

(b)	in subsection (4), by deleting "authorise the" and substituting the following-

" authorize ".

40. Section 28 of the principal Act is amended

in subsection (1), by inserting after "of water" the

following-

Section 28

amended.

" , if any, ".

41. Section 29 of the principal Act is amended by =Fee

deleting "sections 28 (2), and 35B" and substituting

the following-

" section 28 (2) of this Act and Part IV of the Water Authority Act 1984 ".

Section 33

42. Section 33 of the principal Act is amended

in paragraph (da) of subsection (1), by deleting

"section 35B" and substituting the following-

amended.

" section 67 of the Water Authority Act

1984 ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 41

repealed.	43. Section 41 of the principal Act is repealed.
Zeit!?As 43A.	44. After section 43 of the principal Act the fol-

inserted.	lowing sections are inserted-
Notification

of building	43A. (1) Subject to subsection (7), this
or alteration.

section applies to land in a country water area other than land which is farm land.

The owner or occupier of any land to which this section applies in or on which it is proposed to construct or alter any building shall give to the Authority the prescribed notice thereof and submit to the Authority plans of the proposed construction or alteration, together with the prescribed fee for examining the plans and for making or modifying connections to the water supply services provided by the Authority.

(2)

(3) The Authority shall, within 7 days after the receipt of the plan and prescribed fee, return a copy of the plan with such written directions in relation to water services as may be thought fit.

(4)	If the owner or occupier of any land

(a)	commences or causes to be com- menced the construction or alteration of any building without giving the notice or without furnishing the plan referred to in subsection (2);
(b)	having given the notice and furnished the plan commences or causes to be commenced the construction or alteration of the building before the expiration of the 7 days mentioned in subsection (3) or before the plan has been returned by the Authority whichever is the earlier; or
(c)	fails to follow the directions given by the Authority under subsection (3),

he shall be liable to a penalty of $2 000.

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

(5) Where any building has been or is being constructed or altered in contravention of subsection (2) or contrary to or not in accordance with the directions given by the Authority under subsection (3) the Authority may by notice in writing served on the owner or occupier, as the case requires, of the land direct him within a specified time and in any specified manner to

(a)

cease any construction or alteration

being carried out;

(b)

remove, pull down, take up or alter the building or part thereof.

(6) If a person on whom a notice is served under subsection (5) fails or refuses to com- ply with the notice the Authority may

(a)	in accordance with the notice, remove, pull down, take up or alter the building or the part which has been constructed or altered; and
(b)	recover the expenses of so doing from the owner or occupier of the land.

(7) This section shall not apply in a case where the Authority declares, in writing, that it is satisfied that an emergency had arisen which rendered it necessary or desirable that the building should be constructed or altered before the directions of the Authority could be obtained, and that notice was given, the fee paid and a plan was furnished as soon as practicable.

(8) The fee referred to in subsection (2) may be prescribed by reference to the cost of the construction or alteration of the building concerned as assessed by the

Authority.

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Construction

over water	43B. (1) A person shall not, without the
mains

prohibited	prior consent of the Authority, erect,
without
consent of	construct or place any building, wall, fence
Authority.	or obstruction in, upon, under or within the prescribed proximity to a main or reticulation pipe of the Authority used for the purposes of water supply and then only upon and subject to such terms and conditions as the Authority thinks fit to impose for the protection of the pipe from interference or damage.

Penalty: $2 000 and in the case of a continuing offence, a further penalty not exceeding $200 for each day the offence continues after the Authority serves notice of the offence on the offender.

(2) The Authority may demolish and remove any building, wall, fence or obstruc- tion which is erected, constructed or placed in contravention of subsection (1) and which interferes with or injuriously affects a pipe in the supply of water and perform any works necessary for restoring or reinstating the pipe.

(3) In addition to any penalty that may be imposed on an offender under subsection (1) the offender shall also pay to the Authority the expense incurred by it in removing any building, wall, fence or obstruction or in re-opening, restoring, repairing or reinstating a pipe pursuant to subsection (2). ".

Section 45

amended.

45. Section 45 of the principal Act is amended in subsection (1), by deleting "$1000" and substituting the following-

" $2 000 ".

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

Section 46

Section 46 of the principal Act is amended in subsection (1), by deleting "Penalty—Imprison- ment with or without hard labour for two years." and substituting the following-

amended.

46.

" Penalty: $2 000 or imprisonment for a term

of 2 years, or both. ".

"Rate Books"

47. principal Act is amended by deleting "Rate Books"

The heading to Division 1 of Part VI of the and substituting the following-

amended to"Rating

Records" in

Part VI.

" Rating Records ".

48. amended by deleting "rate books" and substituting rInt11%,. in

Sections 54 and 55 of the principal Act are a,' rntteen ici ettsci

the following—

Part VI.

" rating records ".

49. principal Act are amended by deleting "a rate book" records"

Sections 54, 55, 60, 61, 62 and 62A of the areas eb:

wherever it occurs and substituting the following—

Part

" the rating records ".

50.

principal Act are amended by deleting "rate book" records" in

wherever it occurs and substituting the following— Part VI.

Sections 55, 56, 59, 63, 63A and 69 of the amended to

" rating records ".

51.	Section 47 of the principal Act is repealed.	repealed'
Section 50

52. Section 50 of the principal Act is amended— amended.

(a)	by repealing subsection (1) and substitut- ing the following subsection-

" (1) The Authority shall, for the purposes of this Act, compile rating records under section 69A of the Water Authority Act 1984. "; and

(b)	by repealing subsections (2) and (4).

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 54

further

53.

Section 54 of the principal Act is further

amended in subsections (1) and (2), by deleting

"under" and substituting the following-

amended.

" for the purposes of ".

Section 55

further

54.

Section 55 of the principal Act is further

amended.

amended in subsection (1), by deleting "under" and

substituting the following-

" for the purposes of ".

Section 56

further

55.

Section 56 of the principal Act is further

amended.

amended by deleting "amendment of a" and sub-

stituting the following-

" amendment of the ".

Section 57

repealed.	56.	Section 57 of the principal Act is repealed.
Section 58	57.	Section 58 of the principal Act is amended
amended.

(a)	in subsections (1) and (2), by deleting "entry in a rate book" and substituting the following-

" entry in the rating records ";

(b)

in subsection (3), by deleting "rate book" and substituting the following-

" rating records "; and

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

in subsection (7), by deleting "rate book

(c)	entry" and substituting the following-

" entry in the rating records ".

Section 63A

58. Section 63A of the principal Act is further amended in subsection (1), by deleting from "to the purposes" to the end of the subsection and substituting the following

further

amended.

if to

(a)	the purposes for which water may be used or primarily used by owners or occupiers of holdings or parts of holdings; or
(b)	the nature or quality of the water supplied to the owners or occupiers of holdings or parts of holdings,

and may classify holdings or parts of holdings by reference to one or more of the prescribed classes. ".

Section 66

59. Section 66 of the principal Act is amended— amended.

(a)	in subsection (1), by deleting "by entering, on a vacant page of the rate book to be left blank for the purpose, a memorandum of the order"; and
(b)	in subsection (2), by deleting "occupier or owner" and substituting the following-

" owner or occupier ".

Section 70

60. Section 70 of the principal Act is amended

amended.

by inserting after "rates" the following-

" and service charges in lieu of water rates ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 72

amended.

61. Section 72 of the principal Act is amended by inserting after "prescribed quantity" the following-

" , if any, ".

Section 72A

inserted.

62. After section 72 of the principal Act the

following section is inserted

Interest on

I t

rates and	72A. Where any rates, moneys due for
charges.

water supplied, service charges in lieu of rates or other prescribed charges made by the Authority have remained unpaid for the period prescribed by the by-laws in relation thereto after they became due and payable the amount then unpaid shall thereafter bear interest at the rate and in the manner prescribed in the by-laws and such interest may be recovered in the same manner as rates are recoverable. ".

Section 73

amended.

63. Section 73 of the principal Act is amended

(a)

by inserting after "rates" the following-

, service charges in lieu of water

rates ";

(b)

by deleting "for the space of fourteen days after demand therefor in writing by the Authority" and substituting the following-

" within the time prescribed ";

(c)	by deleting "occupation or ownership" and substituting the following-

" ownership or occupation "; and

(d)	by deleting "occupier or owner" and sub- stituting the following-

" owner or occupier ".

1985.}

Acts Amendment (Water

[No. 110.

Authorities).

Section 76

64. Section 76 of the principal Act is amended

amended.

(a)	by deleting "rate book duly produced" and substituting the following-

" rating records verified ";

(b)	by deleting "the book" and substituting the following-

" the rating records "; and

(c)	by inserting after "this Act" the following-

" or the Water Authority Act 1984 ".

65. Section 77 of the principal Act is repealed and =lacieldrilnd

the following section is substituted—

substituted.

ft	Recovery of

77. (1) The amount of any rates made and rates and

levied, moneys due for water supplied, or ser- arges

ownepaid

vice charges in lieu of water rates made, is oro	fm	ccupier.
payable to the Authority, by the owner of the land rated, the land in respect of which the water is supplied, or the land in respect of which the charge is made, as the case may be.

The amount of the rates, moneys or service charges referred to in subsection (1) may instead in the first instance, at the option of the Authority, be recovered from the occupier of the land rated, the land in respect of which the water is supplied, or the land in respect of which the charge is made, as the case may be.

(2)

Unless the Crown is the owner, any amount of such rates or service charges paid by an occupier shall, in the absence of special agreement to the contrary, be afterwards recoverable by the occupier from the owner and any receipt for rates or service charges so paid may be tendered to and shall be accepted by the owner in satisfaction, to the extent of the amount specified in the receipt,

(3)

of any rent due to the owner.

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

(4) Any amount of such moneys due for water supplied and paid by an owner shall, in the absence of special agreement to the contrary, be deemed to be rent due and owing by the occupier to the owner in respect of the land, in addition to any other rent so due and owing, and shall be recoverable as such. ".

Section 78

amended.

66. Section 78 of the principal Act is amended

(a)	by deleting "occupier or owner" wherever it occurs and substituting the following-

" owner or occupier "; and

(b)	in subsection (3), by deleting "occupation or ownership" and substituting the follow- ing

" ownership or occupation "

Section 80

amended.

67. Section 80 of the principal Act is amended

(a) in subsection (1)—

(i) by deleting "or for water supplied by measure" and substituting the following-

, for water supplied by measure, for service charges in lieu of water rates or for other pre- scribed charges ";

(ii) in paragraph (b), by inserting after "such" the following-

" interest or "; and

1985.1

Acts Amendment (Water

[No. 110.

Authorities).

(iii) in paragraph (c), by inserting after "such" the following-

" interest or "; and

(b)	by repealing subsection (2) and substitut- ing the following subsections

(2) Any additional charge, interest or penalty imposed under this section in respect of moneys due for water rates, for water supplied by measure, for service charges in lieu of water rates or for other prescribed charges shall be payable and recoverable as though it' were a water rate lawfully levied by the Authority.

(3) The Authority is authorized at discretion to waive or reduce any addi- tional charge or interest imposed in relation to the payment of an account where the Authority is satisfied that there is proper cause so to do. ".

68. Section 105 of the principal Act is amended =die r.,

in subsection (1)-

(a)	by deleting paragraphs (xx) and (xxi); and

(b) in paragraph (xxiia)—

(i) by inserting after "charges," the following-

" interest, "; and

(ii) by inserting after "rates" the following-

" , service charges in lieu of water

rates ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

PART VI-COUNTRY TOWNS SEWERAGE ACT 1948.

Principal

Act.	69.	In this Part the Country Towns Sewerage
Reprinted as

approved 11

Act 1948 is referred to as the principal Act.

March 1980

and amended

by Acts Nos.

63 and 104

of 1981, 14

of 1982, 16 of

1984 and 25

of 1985.

Section 3	70.	Section 3 of the principal Act is amended in
amended.

subsection (1)-

(a)	in the definition of "by-laws" by inserting after "under" the following-

" or for the purposes of ";

(b)	in the definition of "ratepayer" by deleting "books" and substituting the following-

" rating records "; and

(c)	by deleting the definitions of "gross rental value", "unimproved value" and "valuation".

Section 35

Section 35 of the principal Act is amended

in subsection (1), by deleting "drained into" and

substituting the following-

amended.

71.

" served by ".

Section 38

repealed.	72.	Section 38 of the principal Act is repealed.
Section 40
repealed.	73.	Section 40 of the principal Act is repealed.
Section 41A

inserted.

74. After section 41 of the principal Act the following section is inserted-

Notification

i t

of building

41A. (1) Subject to subsection (6), the

or alteration.

owner or occupier of any land in a sewerage area in or on which it is proposed to construct or alter any building shall give to the

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

Authority the prescribed notice thereof and submit to the Authority a plan of the proposed construction or alteration, together with the prescribed fee for examining the plan and for making or modifying connections to the sewerage services provided by the Authority.

(2) The Authority shall, within 7 days after the receipt of the plan and prescribed fee, return a copy of the plan with such written directions in relation to water services as may be thought fit.

(3) If the owner or occupier of any land

(a)	commences or causes to be commenced the construction or alteration of any building without giving the notice or without furnishing the plan referred to in subsection (1);
(b)	having given the notice and furnished the plan commences or causes to be commenced the construction or alteration of the building before the expiration of the 7 days mentioned in subsection (2) or before the plan has been returned by the Authority whichever is the earlier; or
(c)	fails to follow the directions given by the Authority under subsection (2),

he shall be liable to a penalty of $2 000.

(4) Where any work has been or is being constructed or altered in contravention of subsection (1) or contrary to or not in accord- ance with the directions given by the Auth- ority under subsection (2) the Authority may

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

by notice in writing served on the owner or occupier, as the case requires, of the land direct him within a specified time and in any specified manner to

(a)

cease any construction or alteration

being carried out;

(b)

remove, pull down, take up or alter the work or part thereof.

(5) If a person on whom a notice is served under subsection (4) fails or refuses to comply with the notice the Authority may

(a)	in accordance with the notice, remove, pull down, take up or alter the work or the part which has been constructed or altered; and
(b)	recover the expenses of so doing from the owner or occupier of the land.

(7) The fee referred to in subsection (1) may be prescribed by reference to the cost of the construction or alteration of the building concerned as assessed by the Authority. ".

Section 42

emended.

75. Section 42 of the principal Act is amended

(a)	in subsection (1), by deleting "or under" and substituting the following

'C , under or within the prescribed

proximity to "; and

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

(b) in subsection (2)—

(i) by deleting "or under" and sub- stituting the following-

" , under or within the prescribed

proximity to "; and

(ii) by deleting "or drainage".

76.

by deleting "drained" and substituting the

following

Section 45 of the principal Act is amended

Section 45

amended.

" served If

77. and substituting the following—

The heading preceding section 48 of the 'aretifd Berle:"

principal Act is amended by deleting "Rate Books" eating„

Part VII.

" Rating Records ".

"rate book"

78. Act are amended by deleting "rate book" wherever

Sections 58, 59, 61, 66A and 72 of the principal it occurs and substituting the following-	amended to	"rating
records" in
Part VII.

" rating records ".

79. Sections 63, 64, 65 and 65A of the principal Act are amended by deleting "a rate book" wherever

"a rate book"

amended to

"the rating

records" In

it occurs and substituting the following-

Part VII.

" the rating records ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 48

repealed and	80. Section 48 of the principal Act is repealed
substituted.

and the following section is substituted-

Rating

records.	48. The Authority shall, for the purposes of this Act, compile rating records under section 69A of the Water Authority Act 1984. ".
Section 52

amended.

81. Section 52 of the principal Act is amended

by repealing subsections (1), (2) and (4).

Section 57

repealed and

substituted. and the following section is substituted	82. Section 57 of the principal Act is repealed
Rateable

value.

57. (1) Subject to subsections (2), (3) and (4) and to sections 65A and 72, the gross rental value or unimproved value set against rateable land in the rating records kept by the Authority shall be the rateable value of that land for the current year.

(2) Notwithstanding subsection (1) but subject to subsections (3) and (4), the Authority may determine in respect of a financial year that the gross rental value set against rateable land in the rating records kept by the Authority for the purposes of this Act, other than rateable land the value of which has been altered for that financial year pursuant to a general valuation under the Valuation of Land Act 1978, shall be increased by such factor as the Authority may deter- mine and the gross rental value as so increased shall, subject to any adjustments which may be necessary by virtue of section 65A or 72, from the beginning of that year constitute the rateable value of that land for the purposes of this Act.

Where the gross rental value of rateable land has been increased under subsection (2), any further increase under that subsection shall be made in relation to the rateable value

(3)

as so increased.

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

(4) Where any rateable land within the meaning of this Act is, at 30 June 1986, also rateable land within the meaning of the Country Areas Water Supply Act 1947 and the gross rental value set against that land in the rating records kept by the Authority for the purposes of that Act has been increased under section 54 of that Act, any increase under subsection (2) in respect of the financial year commencing on 1 July 1986 shall be made in relation to the rateable value as so increased for the financial year ending 30 June 1986. ".

Section 58

further

83. Section 58 of the principal Act is further

amended.

amended

(a) in subsection (1)-

(i) by deleting "under" and substitut- ing the following-

" for the purposes of "; and

(ii)	by inserting after "substituting" the following-

" for "; and

(b) in subsection (2)-

(i) by deleting "amend a" and substituting the following-

" amend the "; and

(ii) by deleting "rate books" and substituting the following-

" rating records ".

Section 60

84.	Section 60 of the principal Act is repealed.	repealed.
85.	Section 61 of the principal Act is further	further
Section 61

amended in subsections (1) and (2), by deleting	amended.
"entry in a" and substituting the following-

" entry in the ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 62

amended.

86. Section 62 of the principal Act is amended in subsection (1), by deleting "rate book entry" and substituting the following-

" entry in the rating records ".

Section 69

amended.

87. Section 69 of the principal Act is amended

(a)	in subsection (1), by deleting "by entering on a vacant page of the rate book, to be left blank for the purpose a memorandum of such order,"; and
(b)	in subsection (2), by deleting "occupier or owner" and substituting the following-

" owner or occupier ".

Section 73

88. Section 73 of the principal Act is amended by deleting "shall be payable in advance" and sub- stituting the following-

amended.

" and charges for sewerage or other services shall be payable ".

Section 73A

amended.

89. Section 73A of the principal Act is amended

(a) in subsection (1)-

(i) in paragraph (b), by inserting after "such" the following-

" interest or "; and

(ii) in paragraph (c), by inserting after "such" the following-

" interest or "; and

(b)

by repealing subsection

(2)

and

substituting the following subsections

CI (2) Any additional charge, interest

or penalty imposed under this section in respect of moneys due for rates or charges for sewerage or other services shall be payable and recoverable as though it were a rate lawfully levied by

the Authority.

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

(3) The Authority is authorized at discretion to waive or reduce any additional charge or interest imposed in relation to the payment of an account where the Authority is satisfied that there is proper cause so to do. ".

Section. 75

90. Section 75 of the principal Act is amended

amended.

(a)	in subsection (1), by deleting "occupier" and substituting the following-

" owner "; and

(b)	in subsection (2), by deleting "owner" and substituting the following-

" occupier ".

Section 77

91. Section 77 of the principal Act is amended

amended.

(a)	by deleting "occupier or owner" wherever it occurs and substituting the following-

" owner or occupier ";

(b)	in subsection (2), by deleting "occupation or ownership" and substituting the following-

" ownership or occupation ".

Section 78A

92. After section 78 of the principal Act the

inserted.

following section is inserted

Rates and

78A. Where any rates or charges for charges to

or other services made by the interest.

into

Authority have remained unpaid for the period prescribed by the by-laws in relation thereto after the same became due and payable, the amount then unpaid shall thereafter bear interest at the rate and in the manner prescribed in the by-laws and such interest may be recovered in the same

manner as rates are recoverable. ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 80

amended.

93. Section 80 of the principal Act is amended

(a)	by deleting "rate book produced" and substituting the following-

" rating records verified ";

(b)	by deleting "such book" and substituting the following-

" the rating records "; and

(c)	by inserting after "this Act" the following-

" or the Water Authority Act 1984 ".

Section 102

amended.

94. Section 102 of the principal Act is amended

(a)	deleting paragraphs (20) and (22); and
(b)	in paragraph (22a), by inserting after "charges," the following-

" interest, ".

First

Schedule	95. The First Schedule to the principal Act is
deleted.

deleted.

Various

penalties

96. The principal Act is amended by deleting in

increased.

the provisions referred to in column 1 hereunder the penalties respectively set out in column 2 and sub- stituting in each case the corresponding penalty set out in column 3.

Column 1.

Column 2.

Column 3.

Provision.

Deleted penalty.

New penalty.

section 32	"$200"	"$2 000"
section 33	"$200"	"$1 000"
section 33	"$50"	"$100"
section 34	"$1 000"	"$2 000"
section 39 (1)	"$200"	"$1 000"
section 42 (2)	"$500"	"$2 000"
section 42 (2)	"$100"	"$200"
section 43	"$200"	"$1 500"
section 44	"$200"	"$1 000"

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

PART VII-LAND DRAINAGE ACT 1925.

Principal

97. In this Part the Land Drainage Act 1925 is referred to as the principal Act.

Act.

Reprinted as

approved In

Vol. 21 of

Reprinted

Acts 22 May

1967 and

amended by

Acts Nos. 73

of 1972, 14 of

1977, 38 and

76 of 1978,

63 of 1981,

41 of 1983

and 25 of

1985.

Section 72

98. Section 72 of the principal Act is amended in

amended.

paragraph (1)-

(a)	by inserting after "Land" the following-

" , from time to time, "; and

(b) by deleting "for any year".

"rate-books"

99. Section 85 of the principal Act is amended by

amended to"rating

deleting "rate-books" and substituting the follow-	records" In
Part VII.
ing

" rating records ".

"rate-book"

100. Sections 81A, 85, 91, 93, 94, 97, 99A, 99B, 99D, 99E and 100 of the principal Act are amended	and "ratebook"
amended to "rating
by deleting "rate-book" or "ratebook" wherever	records" in
either term occurs and substituting the following- " rating records ".	Part VII.
Section 81
101. Section 81 of the principal Act is repealed and the following section is substituted	repealed and
substituted.

Rating

81. The Authority shall, for the purposes of this Act, compile rating records under section 69A of the Water Authority Act 1984. ".

records.

102. Sections 82, 83 and 84 of the principal Act ratintis4",

repealed.

are repealed.

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 89

amended.

103. Section 89 of the principal Act is amended

(a) in paragraph (a) of subsection (3)-

(i) by inserting after "the grading" the following-

" or gradings "; and

(ii) by inserting after "that grading" the following-

" or those gradings ";

(b)	in subsection (4), by inserting after "grading" the following-

" or gradings "; and

(c)	in subsection (5), by inserting after "grading" the following-

" or gradings ".

Section 90A

amended.

104. Section 90A of the principal Act is amended in subsection (1), by deleting "it" and substituting the following-

" he ".

Section 91

further

105. Section 91 of the principal Act is further

amended.

amended in subsection (1), by deleting "(but with-

out obliterating existing entries)".

Section 92

amended.

106. Section 92 of the principal Act is amended

(a)	in subsection (1), by deleting "by entering, on a vacant page of the rate-book to be left blank for the purpose, a memorandum of the order"; and

(b) in subsection (2)-

(i) by inserting after "notice shall" the following-

, subject to any by-law as to the time and mode of payment, ";

and

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

(ii) by deleting "from the date of service of the notice of assessment pursuant to section 93" and substituting the following-

" after demand therefor in writing

by the Authority ".

Section 93

107. Section 93 of the principal Act is further amended in subsection (1)-	further
amended.

(a)	by deleting "in the prescribed form"; and
(b)	by deleting "every owner" and substituting the following-

" the owner or occupier ".

Section 98

108. Section 98 of the principal Act is amended

amended.

(a)	in subsection (1), by deleting "rate-book" and substituting the following-

" rating records "; and

(b)	in subsection (6), by deleting "rate book entry" and substituting the following-

" entry in the rating records ".

Section 99

109. Section 99 of the principal Act is amended

in subsection (1), by deleting "rate-book entry" and

substituting the following-

amended.

" entry in the rating records ".

Section 99C

110. Section 99C of the principal Act is amended

by deleting "a rate-book" and substituting the fol-

lowing

amended.

" the rating records ".

Section 100

111. Section 100 of the principal Act is further amended	further
amended.

(a)

by inserting after the section designation

"100" the subsection designation "(1)"; and

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

(b) by inserting the following subsections

The amount of the rates referred to in subsection (1) may instead in the first instance, at the option of the Authority, be recovered from the occupier of the land rated.

(2)

(3) Unless the Crown is the owner, any amount of such rates paid by an occupier shall, in the absence of special agreement to the contrary, be after- wards recoverable by the occupier from the owner and any receipt for rates so paid may be tendered to and shall be accepted by the owner in satisfaction, to the extent of the amount specified in the receipt, of any rent due to the owner. ".

inserted•

e= na 112. After section 100 of the principal Act the

following sections are inserted-

Payment of

rates.	100A. Drainage rates shall be payable in accordance with the by-laws.
Interest on
rates.	100B. Where any rates imposed by the Authority under this Act have remained unpaid for the period prescribed by the by-laws in relation thereto after they became due and payable the amount then unpaid shall thereafter bear interest at the rate and in the manner prescribed in the by-laws and such interest may be recovered in the same manner as rates are recoverable. ".
Section 103

amended.

113. Section 103 of the principal Act is amended

(a)	by inserting after "owners" where it twice occurs the following-

" or occupiers "; and

(b) by inserting after "owner" the following-

" or occupier ".

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

114. Section 105 of the principal Act is =2"

amended

(a) in subsection (1)-

(i) in paragraph (b), by inserting after "such" the following-

" interest or "; and

(ii) in paragraph (c), by inserting after "such" the following-

" interest or "; and

(b) by repealing subsection

(2)

and

substituting the following subsections

C' (2) Any additional charge, interest

or penalty imposed under this section in respect of moneys due for drainage rates, shall be payable and recoverable as though it were a drainage rate lawfully levied by the Authority.

115. Section 108 of the principal Act is amended 2,;11,0,08

in subsection (1)-

(a)	by deleting "rate-book, produced" and substituting the following-

" rating records verified ";

(b)	by deleting "such book" and substituting the following-

" the rating records "; and

(c)	by inserting after "of this Act" the following-

" or the Water Authority Act 1984 ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Heading to

Division 6	116.	The heading to Division 6 of Part VII of the
of Part VII

repealed.	principal Act is repealed.
Section 148

Section 148 of the principal Act is amended

in paragraph (1), by inserting after "charges," the

following-

amended.

117.

" interest ".

Various

penalties	118. The principal Act is amended by deleting in the provisions referred to in column 1 hereunder the penalties respectively set out in column 2 and substituting in each case the corresponding penalty set out in column 3.
increased.

Column 1.

Column 2.

Column 3.

Provision

Deleted penalty.

New penalty.

section 64 (12)	"Fifty dollars"	"$100"
section 71 (1)	"Five hundred dollars"	"$1 000"
section 152	"two hundred dollars"	"$500"
section 153	"two hundred dollars"	"$500"
section 154	"two hundred dollars"	"$500"
section 155	"one thousand dollars"	"$2 000"
section 157	"two hundred dollars"	"$2 000"

PART VIII—RIGHTS IN WATER. AND IRRIGATION

ACT 1914.

Principal

Act.	119. In this Part the Rights in Water and Irriga-

approved 12

Reprinted as tion Act 1914 is referred to as the principal Act.

August 1974

and amended

by Acts Nos.

48 of 1974,

100 of 1976,

76 and 98 of

1978, 63 of

1981, 119 of

1984 and 25

of 1985.

Section 12

amended.

120.

Section 12 of the principal Act is amended

in subsection (7), by deleting "he" and substituting

the following-

" it ".

Section 16

amended.

121. Section 16 of the principal Act is amended in subsection (2), by deleting "as the Authority may, with the approval of the Minister," and sub- stituting the following-

" as the Authority may ".

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

Section 17

122.

in subsection (7), by deleting "he" and substituting

the following-

Section 17 of the principal Act is amended

amended.

" the Authority ".

"a rate book"

123. principal Act are amended by deleting "a rate	Sections 39D, 39E, 39G and 39 I of the book" wherever it occurs and substituting the	amended to	"the rating
records" in
Part VII.
following-

" the rating records ".

124. Section 39C of the principal Act is amended

Section 39C

amended.

(a)	by repealing subsection (1) and substitut- ing the following subsection

(1) The Authority shall, for the purposes of this Act, compile rating records under section 69A of the Water Authority Act 1984 and shall enter therein all rateable land which is irrigable land. "; and

(b)	by repealing subsections (2) and (4).

125. Section 39D of the principal Act is sedia.90

amended

(a)	by deleting "rate book" wherever it occurs and substituting the following

t i

rating records ";

(b)	in subsection (3), by deleting "amendment of a" and substituting the following

if amendment of the "; and

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 39E

further	126. Section 39E of the principal Act is
amended.

further amended

(a)	in subsection (3), by deleting "rate book" and substituting the following-

" rating records "; and

(b)	in subsection (7), by deleting "rate book entry" and substituting the following-

" entry in the rating records ".

Section 39F

amended.

127. Section 39F of the principal Act is amended in subsection (1), by deleting "rate book entry" and substituting the following-

" entry in the rating records ".

Section 40B

amended.	128. Section 40B of the principal Act is amended in subsection (1), by deleting "by entering, on a vacant page of the rate-book to be left blank for the purpose, a memorandum of the order".
Section 400

amended.

129. Section 40C of the principal Act is

amended

(a)	by deleting "and 80" and substituting the following-

" , 72A and 80 ";

(b)	by deleting "and" after paragraph (a);
(c)	in paragraph (b), by deleting "Act." and substituting the following-

" Act; and "; and

(d)	by inserting after paragraph (b) the following paragraph-

" (c) prescribed charges imposed under

this Act ".

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

Section 41

130. Section 41 of the principal Act is repealed and the following section is substituted—	repealed and
substituted.

practicable, and subject to the provisions of Irrigation

41. (1) A ratepayer shall, as far as is water for

wale nor

this Act, be entitled to receive from the Authority such quantity of water, if any, for irrigation of the land rated as may be determined from time to time by the Authority.

(2) Notice of a determination of the Authority under subsection (1) shall be published in a newspaper circulating in the irrigation district to which the determination relates.

Water supplied by the Authority under subsection (1) shall be supplied at such times, in such quantities, at such charges and on such conditions as may be prescribed by by-law. ".

(3)

Section 42AA

131. Section 42AA of the principal Act is

amended.

amended

(a) in subsection (1)-

(i) by deleting "or for water supplied" and substituting the following-

, for water supplied or for

prescribed charges ";

(ii) in paragraph (b), by inserting after "such" the following

it interest or "; and

(iii) in paragraph (c), by inserting after "such" the following

" interest or "; and

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

(b)	by repealing subsection (2) and substitut- ing the following subsections

C I

(2) Any additional charge, interest or penalty imposed under this section in respect of moneys due for irrigation rates, for water supplied by measure or for prescribed charges shall be payable and recoverable as though it were an irrigation rate lawfully levied by the Authority.

(3) The Authority is authorized at discretion to waive or reduce any additional charge or interest imposed in relation to the payment of an account where the Authority is satis- fied that there is proper cause so to do. ".

Section 42AB

inserted.

132. After section 42AA of the principal Act the following section is inserted-

Bates and

charges.

42AB. Where any rates, moneys due for water supplied or prescribed charges made by the Authority have remained unpaid for the period prescribed by the by-laws in relation thereto after they became due and payable the amount then unpaid shall there- after bear interest at the rate and in the manner prescribed in the by-laws and such interest may be recovered in the same manner as rates are recoverable. ".

Section 59

amended.

133. Section 59 of the principal Act is amended in subsection (1)-

(a)	by repealing paragraph (6); and

(b) in paragraph (7b)—

(i)	by inserting after "charges," the following-

" interest "; and

19851

Acts Amendment (Water

[No. 110.

Authorities).

(ii) by deleting "water rates" and sub- stituting the following-

" irrigation rates ".

Section 80

134. After section 79A of the principal Act the

inserted.

following section is inserted-

Review of

80. (1) The Minister shall carry out a

Commis-

review of the operations of the Commissioners	sioners' role.
appointed under section 4 as soon as practic- able after 1 January 1991 and every fifth anniversary of that date and in the course of such review the Minister shall consider and have regard to

(a)	the effectiveness of the Commis- sioners;
(b)	the need for the continuation of the functions of the Commissioners; and
(c)	such other matters as appear to him to be relevant.

(2) The Minister shall prepare a report based on his review under subsection (1) and shall, as soon as practicable after its prepara- tion, cause the report to be laid before each House or Parliament. ".

PART IX-WATER BOARDS ACT 1904.

Principal

135. referred to as the principal Act.

In this Part the Water Boards Act 1904 is Act.

Reprinted as

approved 18

August Cried by Acts Nos. 94 of 1972

(as amended

by Act No,

19 of 1973),

51, 76 and 97

of 1978, 44

of 1979, 63

of 1981, 14 of

1982 and 25

of 1985.

Section 3

136. Section 3 of the principal Act is amended

amended.

in subsection (1) in the definition of "ratepayer" by

deleting "books" and substituting the following-

" records ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

Section 36

amended.

137. Section 36 of the principal Act is amended in subsection (2)—

(a)	by deleting "an irrigation board constituted under" and substituting the following

t	the Authority in the exercise of its powers and functions under ";

(b)	by deleting "such boards" and substituting the following-

" the water board concerned and the Authority "; and

(c)	by deleting "right of the irrigation board" and substituting the following-

" right of the Authority ".

Section 55

amended.

138. Section 55 of the principal Act is amended by inserting after "of water" the following-

, if any, ".

Section 63

amended.

139. Section 63 of the principal Act is amended by inserting after subsection (12) the following subsections

(13) A local authority or any person auth- orized in that behalf by a local authority may, for the purpose of extinguishing any fire, or for the purpose of drills, competitions, and practice conducted under the authority of the local authority, take water free of charge from a fire hydrant that is in the district of the local authority elsewhere than in a fire district.

(14) Subsection (13) does not affect any

right conferred by section 61 of the Fire

Brigades Act.

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

(15) Notwithstanding that the property in a fire hydrant is, under subsection (10), vested in the Board or a local authority, the Water Board may, in writing, permit a person to take water from a fire hydrant subject to such conditions as the Water Board specifies in the permit but shall, upon request, provide to the Board or the local authority, as the case may be, in which the property in the fire hydrant is vested particulars of the person to whom, and conditions subject to which, any such permit has been given.

(16) A person shall not take water from a fire hydrant unless

(a)	he is authorized so to do by section 61 of the Fire Brigades Act or sub- section (13); or
(b)	he takes the water pursuant to and in accordance with the conditions specified in a permit given under subsection (15).

Penalty: $1000. ".

Section 75

140. Section 75 of the principal Act is amended by deleting "misdemeanour, and liable to imprison- ment, with or without hard labour, for any term not exceeding two years." and substituting the following-

amended.

" misdemeanour.

Penalty: $2 000 or imprisonment for a term

of 2 years, or both. ".

141. Sections 80 and 81 of the principal Act are at Vgig'

amended by deleting "rate books" and substituting	Ir'ewrcia" in	rni
the following—	Part VI.

" rating records ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

"rate book"

amended to	142.	The sub-heading preceding section 76A and
"rating

records" in

sections 82, 83, 84, 85, 92, 93A and 105 of the

Part VI.

principal Act are amended by deleting "rate book"

and substituting the following-

" rating records ".

"a rate book"

amended to

"the rating	143.	Sections 89, 90, 91 and 91A of the principal
Part VI.

records" in

Act are amended by deleting "a rate book" where-

ever it occurs and substituting-

" the rating records ".

Section 77

amended.

144.

Section 77 of the principal Act is amended

(a)	by repealing subsection (1) and sub- stituting the following subsection

(1) A Water Board shall, for the purposes of this Act, compile, from time to time amend, and maintain rating records in respect of all rateable land showing

(a)

the description and situation

of the land rated;

(b)

the name and address of the owner and the person rated;

(d)	the gross rental value, the unimproved value or the area of the land, as the case requires;
(e)	the amount payable in respect of rates that is levied for the current rating year of that Water Board;
(f)	the class of the land; and
(g)	such other information as is prescribed or the Water Board requires. ";

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

(b)	in subsection (2), by deleting "rate book" and substituting the following-

" rating records "; and

145. Section 79 of the principal Act is repealed repealed and

and the following section is substituted—

substituted.

79. The rating record for any rateable land Kai

records.

shall at all reasonable times be made available

for inspection by any ratepayer without pay-

ment, and a Water Board shall, on request

by any person who satisfies the Water Board

that he has a material interest in any portion

of the records, furnish a copy of that portion

of the records to that person. ".

146. Section 86 of the principal Act is repealed. ?.:giaci led"

147. Section 87 of the principal Act is amended— =iler.

(a)	in subsections (1), (2) and (3), by deleting "rate book" or "ratebook" wherever either term occurs and substituting the follow- ing

" rating records "; and

(b)	in subsection (7), by deleting "rate book entry" and substituting the following-

" entry in the rating records ".

in subsection (1), by deleting "rate book entry" and

148. Section 88 of the principal Act is amended =is

substituting the following-

" entry in the rating records ".

149. Section 92 of the principal Act is further Ptegg: 92

amended.

amended in subsection (4), by deleting "area pre-

scribed" and substituting the following-

" area prescribe ".

No. 110.]

Acts Amendment (Water

[1985

Authorities).

Section 94

amended.	150. Section 94 of the principal Act is amended in subsection (1), by deleting ", on a vacant page of the rate book, to be left blank for the purpose, enter a memorandum of such order, and shall sign the same, and".
Section 99

amended. 151. Section 99 of the principal Act is amended

by inserting after "prescribed quantity" the follow-

ing

" , if any, ".

Section 135

152.

Section 135 of the principal Act is amended by inserting after "thereof, and" the following-

amended.

Section 143

inserted.

153. After section 142 of the principal Act the following section is inserted-

Regulations

t4 143. (1) The Governor may make regula-

tions under or for the purposes of this Act prescribing all matters as are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for the purposes of this Act or to facilitate the operations of Water Boards.

(2) Regulations made under or for the purposes of this Act may prescribe penalties not exceeding $2 000 in respect of any contravention of any of the regulations. ".

Section 162

inserted.

154. After section 161 of the principal Act the following heading and Part are inserted

PART XI-INFRINGEMENT NOTICES.

Infringement

notices.

162. (1) In this section

"alleged offence", in relation to an

infringement notice, means offence

to which the infringement notice

relates;

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

"alleged offender", in relation to an infringement notice, means the person to whom the infringement notice is given;

"authorized person" means a person authorized under subsection (10) to give infringement notices;

"designated person" means a person designated, or of a class designated, under subsection (10);

"infringement notice" means a notice given under subsection (2);

"modified penalty", in respect of an offence to which an infringement notice relates, means the amount of money specified in the notice as being the modified penalty for that offence;

"prescribed" means prescribed by the

regulations;

"prescribed person" means a person whom the regulations prescribe to be a prescribed person for the pur- poses of this section.

(2) An authorized person who has reason to believe that a person has committed an offence against this Act that is prescribed to be an offence that may be dealt with under this section may give to that person a notice in the prescribed form informing him that if he does not wish to have a complaint of the alleged offence heard and determined by a court he may, within a period of 21 days after the giving of the notice, pay to a person specified in the notice, other than the person giving the notice, the amount of money specified in the notice as being the modified

penalty for that offence.

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

(3) In an infringement notice

(a)	the amount of money specified as being the modified penalty for an offence to which the infringement notice relates shall be the amount that is, when the infringement notice is given, for the time being prescribed to apply in respect of the offence if it is dealt with under this section; and
(b)	the persons specified as being persons to whom the modified penalty may be paid shall be designated persons.

(4) An infringement notice may be given to an alleged offender personally at or about the time the alleged offence is believed to have been committed or, where the offence is one that is committed by the owner or occupier of land in relation to which the offence is committed, by posting it to him at his address as shown in rating records kept under this Act.

(5) A person to whom an infringement notice is given may decline to be dealt with under this section and, if the modified penalty is not paid within the period specified in the notice or within such further time as may, whether before or after the expiry of that period, be allowed by a prescribed person, is deemed to have declined to be so dealt with.

(6) A prescribed person may, whether or not the modified penalty has been paid, with- draw an infringement notice, other than an infringement notice given by that person, at any time within a period of 28 days after it was given by sending to the alleged offender a notice in the prescribed form, signed by the prescribed person, advising the alleged offender that the infringement notice has

been withdrawn.

19851

Acts Amendment (Water

[No. 110.

Authorities).

(7) Any amount paid by way of modified penalty pursuant to an infringement notice that has been withdrawn under subsection (6) shall be refunded.

(8) Where, pursuant to an infringement notice, the modified penalty has been paid in accordance with the notice within the period specified therein or within such further time as is allowed and the infringement notice has not been withdrawn under subsection (6), no proceedings shall be brought or penalty shall be imposed that could not be brought or imposed if the person to whom the infringe- ment notice was given had been convicted by a court of, and punished for, the alleged offence.

(9) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (7), be dealt with as if it were a penalty imposed summarily under the Justices Act 1902.

(10) A Water Board may

(a)	by resolution, authorize persons, or classes of persons, who are officers of the Water Board to give infringe- ment notices; and
(b)	by notice published in the Government Gazette, designate the persons, or classes of persons, to whom payment may be made of any modified penalty,

and may, in like manner, revoke any such

authorization or notice.

(11) A Water Board shall issue to each authorized person a certificate in the pre- scribed form which that person shall produce whenever required to do so by a person to whom he has given or is about to give an

infringement notice. ".

No. 110.]

Acts Amendment (Water

[1985.

Authorities).

First

Schedule

155. The First Schedule to the principal Act is

deleted.	deleted.
Various

penalties

156.

The principal Act is amended by deleting in the provisions referred to in column 1 hereunder the penalties respectively set out in column 2 and sub- stituting in each case the corresponding penalty set out in column 3.

increased.

Column 1.

Column 2.

Column 3.

Provision.

Deleted penalty.

New penalty.

section 10 (4)	"one hundred dollars"	"$1 000"
section 20	"one hundred dollars"	"$1 000"
section 28	"ten dollars"	"$100"
section 33	"two hundred dollars"	"$2 000"
section 38	"ten dollars"	"$100"
section 51	"one hundred dollars"	"$1 000"
section 71	"one hundred dollars"	"$2 000"
section 72	"twenty dollars"	"$1 000"
section 73	"one hundred dollars"	"$2 000"
section 74	"one hundred dollars"	"$1 500"
section 82	"forty dollars"	"$500"
section 130	"ten dollars"	"$100"
section 142 (1)	"forty dollars"	"$2 000"
section 142 (1)	"ten dollars"	"$200"
section 151	"forty dollars"	"$500"
section 152	"four hundred dollars"	"$4 000"

PART X—PARLIAMENTARY COMMISSIONER

ACT 1971.

Principal

Act.	157. In this Part the Parliamentary Commis-
Reprinted as

approved	sioner Act 1971 is referred to as the principal Act.
19 July 1983 and amended by Act No. 124 of 1984.
Schedule
amended.	158. The Schedule to the principal Act is amended

(a)	by deleting "Benger Drainage Board con- stituted under the Land Drainage Act

1925.";

(b)	by deleting "Metropolitan Water Authority preserved and continued by the Metro-

politan Water Authority Act 1982."; and

1985.]

Acts Amendment (Water

[No. 110.

Authorities).

by inserting after "University of Western

(c)	Australia established under the University of Western Australia Act 1911." the follow- ing

" Water Authority of Western Australia established under the Water Authority Act 1984. ".