Carnarvon Irrigation District By-laws 1962 (WA)
Western Australia
Rights in Water and Irrigation Act 1914 2
These by-laws were repealed by the
Western Australia
Western Australia
Rights in Water and Irrigation Act 1914 2Rights in Water and Irrigation Act 1914
(1) These by‑laws may be cited as the
Carnarvon Irrigation District By‑laws 1962 1 .(2) These by‑laws shall have and take effect in the Carnarvon Irrigation District constituted under the provisions of the
Rights in Water and Irrigation Act 1914 .
In these by‑laws unless the context requires otherwise —
Trespassing within the fenced‑off ground adjacent to or reserved for water supply or irrigation works, or the entering without proper authority upon any water or irrigation work not open to the public, is prohibited.
Camping or lighting of fires upon any Government water reserve, or in the immediate vicinity of any reservoir or headworks within the boundaries of the District, except on land set apart for such purposes, is prohibited.
The removal, plucking, or damaging of any wildflower, shrub, bush, tree or other plant growing on any land reserved for or vested in the Corporation within one kilometre of any reservoir or headworks and within the District is prohibited.
No vehicle, conveyance, or animal shall be driven, taken, or ridden in such a manner as to endanger or damage the mains, conduits, or any works, or shall cross the same, except at places where crossings have been provided.
No person shall cast away, throw, or deposit on any works any rubbish of any kind; or carry on any operations, or do any act which creates or tends to create any nuisance on any works, and no occupier shall allow any sullage from his land to enter in or upon any works.
No person shall take or use or cause to be taken or used any water from any works, without the authority of the Corporation and no person shall allow any water supplied to him by the Corporation, or taken with the approval of the Corporation, to run to waste either on public roads or on private or public lands or otherwise.
(1) No person without the consent of the Corporation shall —
(a) trespass upon, injure or interfere in any way with any works, including the banks of any watercourse or any Crown lands adjacent to the banks of any watercourse;
(b) do or cause to be done anything likely at any time to injure or interfere with any works, including the banks of any watercourse or any Crown lands adjacent to the banks of any watercourse;
(c) plant any tree or noxious weed within such distance from any works that any part of the tree or noxious weed or any roots thereof at some or any future time will be likely to injure or interfere with any works, including the banks of any watercourse or any Crown lands adjacent to the banks of any watercourse.
(2) The Corporation, any officer of the Corporation or any person authorised by the Corporation may, subject to section 26H(1a) of the Act, cut down, destroy, dig up and remove from any land any tree or noxious weed that is or is likely to become injurious to or an interference with any works.
(1) No person owning or having the right of control of any animal shall drive, or allow the same to stray, upon any works.
(2) A person guilty of any contravention of this by‑law shall in addition to the penalties prescribed in by‑law 27 be liable for all damage that may thereby be caused to such works.
The Corporation may from time to time determine the basis on which water for irrigation shall be supplied within the District.
(1) The owner of property within the District may apply in writing to the Corporation to have additional supply points provided to his land by the Corporation.
(2) Upon receiving an application in accordance with sub‑bylaw (1), the Corporation may —
(a) allow additional supply points to be provided upon such terms as it may determine from time to time; or
(b) refuse to allow additional supply points to be provided,
at its discretion.
(1) The occupier of each property to be watered shall provide and maintain efficient head ditches or pipelines to the satisfaction of the Corporation, and shall make all arrangements for the distribution and retention of water on his land.
(2) If requested to do so by the Corporation, the occupier shall provide and maintain a non‑return valve on the pipeline to prevent backflow into the main supply of water for irrigation.
(3) A non‑return valve referred to in sub‑bylaw (2) shall be of a type, and installed at a location, approved by the Corporation.
(4) The Corporation may refuse to supply water to a property if the occupier fails to provide and maintain the facilities specified in this by‑law.
The Corporation, any officer of the Corporation or any person authorised by the Corporation may, subject to section 26H(1a) of the Act, at any time, enter upon any property for the purpose of inspecting or regulating the water supply, or for both such purposes, and in the event of any water being taken or used in an unauthorised manner, or being unnecessarily wasted, shall have the power to stop all further supply of water, but this by‑law shall not be construed in such manner as to relieve any person from any other penalties prescribed in these by‑laws.
(1) The Corporation may install a meter to measure the amount of water taken by a ratepayer.
(2) The occupier of premises where a meter is installed shall provide and maintain a clear space not less than one metre horizontally and 2 metres vertically from the meter and ensure easy access for the Corporation’s employees at all times.
(3) A person, other than an officer of the Corporation or a person authorised by the Corporation, who —
(a) breaks or in any way interferes with the seal fixed on the meter through which water is supplied by the Corporation;
(b) turns or attempts to turn any screw, bolt or nut on or attached to such meter;
(c) uses any tool or appliance on any such meter;
(d) introduces or attempts to introduce any body or substance into such meter;
(e) in any way interferes with any portion of such meter or any pipes or fittings attached thereto,
commits an offence.
(4) Any owner or occupier supplied with water through a meter belonging to the Corporation shall, on finding that meter is damaged or not registering, immediately give notice of the fact to the Carnarvon District Office of the Corporation.
(5) All repairs required to damaged meters shall be carried out by the Corporation.
(6) An owner or occupier of land supplied with water through a meter belonging to the Corporation shall, if requested, pay the cost of replacement or making good any damage to such meter whilst on his land or in his charge.
(1) The Corporation may at any time cause a test of a meter to be made.
(2) The Corporation shall cause a test of a meter to be made if, within 7 days of receiving advice of a meter reading with which he is dissatisfied, the person who will be liable to pay for the water requests in writing that that meter be tested.
(3) Where a person requests that a meter be tested under sub‑bylaw (2), and where upon being so tested the meter is found to register not more than the quantity of water actually passed through it, the person upon whose request the meter test was made shall pay to the Corporation —
(a) the minimum fee prescribed in Schedule 1 for the testing of that meter; or
(b) such greater amount as in the opinion of the Corporation approximates the actual cost of testing the meter,
as the Corporation may in each case specify.
(1) A meter shall be deemed not to be in proper order if —
(a) on being tested or otherwise, the meter is found not to register within the limits of error prescribed in sub‑bylaw (2);
(b) the meter is found by the Corporation to be so damaged or otherwise in such condition that, in the opinion of the Corporation, the meter is likely to inaccurately show the quantity of water passing through it; or
(c) the register of the meter is found to be unreadable.
(2) For the purposes of these by‑laws, the limits of error prescribed are plus or minus 2%.
The supply by the Corporation of water for irrigation and other purposes shall not be deemed to imply that the water is of potable quality or free from noxious germs or other matter dangerous or injurious to health.
Where the Corporation determines under section 41(1) of the Act the periods during which a person is entitled to be supplied with water for irrigation and the quantities with which he is entitled to be supplied during those periods, the Corporation shall give notice of the determination to the person personally or by post.
[(1) deleted] (2) The Corporation may refuse to supply water to any property where any amount that has become due and payable for water supplied to the property remains unpaid.
Where surplus water is available, the Corporation may supply water to persons who desire to irrigate land outside the District on such terms as may be determined by the Corporation.
Any person who commits a breach of any of the foregoing by‑laws, or who refuses or neglects to obey any injunction in any such by‑law or to comply with any requirements contained therein, is liable upon conviction to a penalty not exceeding $2 000 and, in the case of a continuing breach, to a further penalty not exceeding $200 for each day the offence continues after notice has been given by or on behalf of the Corporation to the offender.
[bl. 19(3)(a)]
20‑25 mm ......................................................... | 102.00 |
Over 25 mm ...................................................... | actual cost |
Untitled by‑laws | 2 Jul 1962 p. 1695‑8 | 2 Jul 1962 | |||
Untitled by‑laws | 12 Oct 1962 p. 3438 | 12 Oct 1962 | |||
Untitled by‑laws | 28 Nov 1975 p. 4302 | 28 Nov 1975 | |||
Untitled by‑laws | 28 Oct 1977 p. 3817‑18 | 28 Oct 1977 | |||
Untitled by‑laws | 29 Sep 1978 p. 3597‑8 | 29 Sep 1978 | |||
Untitled by‑laws | 20 Apr 1979 p. 1056‑7 | 20 Apr 1979 | |||
Untitled by‑laws | 28 Sep 1979 p. 2989 | 28 Sep 1979 | |||
26 Sep 1980 p. 3339 | 1 Oct 1980 (see bl. 2) | ||||
25 Sep 1981 p. 4116 | 1 Oct 1981 (see bl. 2) | ||||
24 Sep 1982 p. 3817 | 1 Oct 1982 (see bl. 2) | ||||
30 Sep 1983 p. 4005‑8 | 1 Oct 1983 (see bl. 2) | ||||
9 Dec 1983 p. 4825‑6 | 9 Dec 1983 | ||||
28 Sep 1984 p. 3180 | 28 Sep 1984 | ||||
26 Apr 1985 p. 1481 | 26 Apr 1985 | ||||
28 Jun 1985 p. 2338 | 1 Jul 1985 (see bl. 2) | ||||
19 Jul 1985 p. 2501‑2 | 19 Jul 1985 | ||||
27 Jun 1986 p. 2137‑8 | 27 Jun 1986 | ||||
14 Jul 1987 p. 2649‑58 | 14 Jul 1987 | ||||
29 Jun 1988 p. 2122‑6 | 1 Jul 1988 (see bl. 3) | ||||
29 Jun 1989 p. 1883‑91 | 1 Jul 1989 (see bl. 3) | ||||
29 Jun 1990 p. 3240‑8 | 1 Jul 1990 (see bl. 3) | ||||
28 Jun 1991 p. 3281‑9 | 1 Jul 1991 (see bl. 3) | ||||
26 Jun 1992 p. 2832‑44 | 1 Jul 1992 (see bl. 3) | ||||
1 Jul 1993 p. 3238‑50 | 1 Jul 1993 | ||||
29 Jun 1994 p. 3159‑70 | 1 Jul 1994 (see bl. 2) | ||||
30 Jun 1995 p. 2767‑76 | 1 Jul 1995 (see bl. 2) | ||||
29 Dec 1995 p. 6305‑32 | 1 Jan 1996 (see bl. 2 and | ||||
27 Jun 1997 p. 3204‑20 | 1 Jul 1997 (see bl. 2) | ||||
26 Jun 1998 p. 3417‑21 | 1 Jul 1998 (see bl. 2) | ||||
29 Jun 1999 p. 2775‑87 | 1 Jul 1999 (see bl. 2) | ||||
29 Jun 2000 p. 3365‑79 | 1 Jul 2000 (see bl. 2) | ||||
29 Jun 2001 p. 3230‑42 | 1 Jul 2001 (see bl. 2) | ||||
1 Jul 2002 p. 3137‑53 | 1 Jul 2002 | ||||
27 Jun 2003 p. 2422‑32 | 1 Jul 2003 (see bl. 2) | ||||
1 Jul 2005 p. 3009‑17 | 1 Jul 2005 (see bl. 2) | ||||
30 Jun 2006 p. 2399‑412 | 1 Jul 2006 (see bl. 2) | ||||
29 Jun 2007 p. 3233‑44 | 1 Jul 2007 (see bl. 2(b)) | ||||
27 Jun 2008 p. 3076‑84 | 1 Jul 2008 (see bl. 2(b)) | ||||
19 Jun 2009 p. 2393‑406 | 1 Jul 2009 (see bl. 2(b)) | ||||
25 Jun 2010 p. 2983-96 | 1 Jul 2010 (see bl. 2(b)) | ||||
23 Jun 2011 p. 2403-16 | 1 Jul 2011 (see bl. 2(b)) | ||||
20 Jun 2012 p. 2677‑92 | 1 Jul 2012 (see bl. 2(b)) | ||||
19 Jun 2013 p. 2333‑46 | 1 Jul 2013 (see bl. 2(b)) | ||||
District............................................................................................................................... 3
property.............................................................................................................................. 3
the Act................................................................................................................................ 3
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