Country Areas Water Supply Act Amendment Act 1978 (WA)

WESTERN AUSTRALIA.

COUNTRY AREAS WATER

SUPPLY.

No. 95 of 1978.

AN ACT to amend the Country Areas Water Supply

Act, 1947-1977.

[Assented to 17th November, 1978.]

RE 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:-

1. (1) This Act may be cited as the Country narlgttliem

Areas Water Supply Act Amendment Act, 1978.

(2)	In this Act the Country Areas Water Supply Reprinted	as approved
for reprint

Act, 1947-1977, is referred to as the principal Act. 8th July, 1971 and amended by

(3) The principal Act as amended by this Act may eV,s2 („„

be cited as the Country Areas Water Supply Act, IngtSbk	1973), 78 of
1947-1978.	1974, 81 of 1978 and 18 of 1977.

No. 95.] Country Areas Water Supply. [1978.

Commence-

ment.	2. This Act shall come into operation on a day to be fixed by proclamation.
Section 2

amended. 3. Section 2 of the principal Act is amended

(a)	in the reference to Division 1 of Part V by deleting the number "39" and substituting the number "39A"; and
(b)	in the last line by deleting the passage "SCHEDULE.—ACTS REPEALED." and substituting the passage

FIRST SCHEDULE. (Section 4)—ACTS RE-

PEALED.

SECOND SCHEDULE. (Section 12A)—LAND TO WHICH PART IIA OF ACT APPLIES. .

Section 4

amended.	4. Section 4 of the principal Act is amended in line one by inserting, before the word "Schedule", the word "First".
Section 9
amended.	5. Section 9 of the principal Act is amended in subsection (1)-

(a)	by inserting, after the words "water reserve" in line two of paragraph (a), the words "and give to the catchment area or water reserve such name or designation as may be directed by the Order in Council"; and
(b)	by inserting, after paragraph (c), the following paragraph

(ca) alter the name or designation of a

catchment area or water reserve; .

Section 12A

amended. 6. Section 12A of the principal Act is amended by repealing subsection (1) and substituting the following subsections

(1) The provisions of this Part of this Act

apply to and in relation to land comprised

within the boundaries of such of the catchment

Country Areas Water Supply. [No. 95. areas or water reserves defined under section nine of this Act as are specified in the Second Schedule to this Act but not to or in relation to land elsewhere.

1978.]

(la) The Minister may from time to time by notice published in the Government Gazette add to or amend the Second Schedule to this Act.

(lb) A notice made under subsection (la) of this section adding to or amending the Second Schedule to this Act shall be laid before each House of Parliament within the six sitting days of that House next following the date of publication of that notice in the Government Gazette, and the provisions of section thirty- six of the Interpretation Act, 1918, shall apply to that notice as if it had been a regulation. .

7. Section 14 of the principal Act is amended— aantifanee.

(a)	by inserting after the section designation "14." the subsection designation "(1)";
(b)	by deleting the passage "to maintain, alter and repair, and with" in line three and substituting the passage ", with";
(c)	by inserting after the word "area" in line five the passage ", and from time to time may maintain, improve, alter, and repair the same"; and
(d)	by adding a subsection as follows

(2) The Minister shall not undertake the construction of any works pursuant to subsection (1) of this section, other than works consisting wholly of exempt works, unless he has complied with the requirements of sections fifteen, sixteen and eighteen of this Act and the Governor has thereupon by Order in Council, a notice of which is published in the Government Gazette, authorised the construction of those works. .

No. 95.] Country Areas Water Supply. [1978.

Sectin 5 o

repealed and 8. The principal Act is amended by repealing

re-enacted. section 15 and re-enacting that section as follows—

Priesto

arses to 15. The Minister shall, before submitting proposals to the Governor for the construction of water works pursuant to subsection (1) of section fourteen of this Act, other than water works consisting wholly of exempt works,

construc-

tion

(a)	cause to be prepared plans of the proposed water works, and cause the same, or certified copies thereof, to be deposited in the Department and in a convenient place in the country water area in which it is proposed to construct the water works; and
(b)	cause an advertisement to be published in the Government Gazette, and in one or more newspapers generally circulating in the country water area, specifying-

(i)  a description of the proposed water works;

(ii)  the localities in the country water area in which they will be constructed;

(iii)    the purposes for which they are to be constructed; and

(iv)   the times when and places at which the plans may be inspected. .

Section 18	9.	The principal Act is amended by repealing
repealed and

re-enacted.	section 16 and re-enacting that section as follows-
Plans open

to 16. The plans so deposited shall be open to

inspection.

inspection by any person interested at the

advertised times and places. .

Section 18

repealed and 10. The principal Act is amended by repealing

re-enacted.	section 18 and re-enacting that section as follows-
Submission

for approval.

18. (1) Where the Minister considers that the

requirements of sections fifteen and sixteen of

this Act have been complied with and that the

Country Areas Water Supply. [No. 95. objections, if any, are, in the general public interest, not sufficient to cause the proposals to be amended, the Minister shall submit the proposals to the Governor and shall furnish to the Governor such plans, specifications, estimates or other information as the Governor may require relating thereto.

1978.]

(2) After considering the proposals submitted to him the Governor may

(a)	make an Order in Council pursuant to section fourteen of this Act; or
(b)	decline to make such an Order. .

11.    The principal Act is amended by adding after fir= 18A

section 18 a section as follows-

Exempt

18A. For the purposes of this Part of this Act the Governor may from time to time by Order in Council declare that reticulation works of the nature specified in that Order shall be exempt works not subject to the provisions of section fourteen, fifteen, sixteen, seventeen or eighteen of this Act notwithstanding that such works may form part of or be related to water works comprised in proposals to which those sections apply. . Works.

12.    Section 30 of the principal Act is amended by i=;lcrer.

repealing subsection (2) and substituting the

following subsections

(2) On receiving a request made under subsection (1) of this section, the Minister may

(a) comply with that request on and subject to such terms and conditions as may be mutually agreed; or

(b) refuse that request.

(3) Whenever the Minister complies with a

!aguest made under subsection (1) of this

section, he may, subject to the provisions of

No. 95.] Country Areas Water Supply. [1978.

subsection (4) of this section, provide, lay down. and fix all necessary pipes and fittings for supplying water to the land concerned.

(4) If compliance with a request made under subsection (1) of this section does not involve the construction of water works on land other than land of the person who made that request, the Minister may exercise the power of construction conferred on him by subsection (3) of this section without complying with the requirements of sections fifteen, sixteen and eighteen of this Act and it shall not be necessary for the Governor by Order in Council to authorise the construction of the water works concerned under subsection (2) of section fourteen of this Act. .

Section 35

amended. 13. Section 35 of the principal Act is amended by repealing subsection (2) and substituting the following subsections

(2) On receiving a request made under subsection (1) of this section, the Minister may

(a) comply with that request on and subject to such terms and conditions as he thinks fit; or

(b) refuse that request.

(3) Whenever the Minister complies with a request made under subsection (1) of this section, he may, subject to the provisions of subsection (4) of this section, construct all necessary water works for supplying water to the land concerned.

(4) If compliance with a request made under subsection (1) of this section does not involve the construction of water works on land other than land of the person who made that request, the Minister may exercise the power of construction conferred'on him by subsection (3) of this section without complying with the

Country Areas Water Supply. [No. 95. requirements of sections fifteen, sixteen and eighteen of this Act and it shall not be necessary for the Governor by Order in Council to authorise the construction of the water works concerned under subsection (2) of section fourteen of this Act.

1978.]

(5) The Minister may, for the purpose of supplying the land concerned with water, employ water works and fittings of such nature, size and description as he thinks fit. .

14. The principal Act is amended by adding after Man 35.4.

section 35 a section as follows-

35A. (1) A person or local authority (in this rtir/Z to section called "the subdivider") who subdivides :larded or wishes to subdivide land, whether rateable

land or not and whether or not situated within a country water area, into a lot or lots may in writing request the Minister to arrange for water to be supplied to the lot or lots.

(2) On receiving a request made under subsection (1) of this section, the Minister may

(a) comply with that request on and subject to such terms and conditions, including the financial contribution to be made by the subdivider in respect of any water works which benefit or will benefit the lot or all or any of the lots concerned, as may be mutually agreed;

Or

(b) refuse that request.

(3) Whenever the Minister complies with a request made under subsection (1) of this section, he may, subject to the provisions of subsection (4) of this section, carry out, construct or provide all or any of the necessary water works.

No. 95.] Country Areas Water Supply. [1978.

(4) If compliance with a request made under subsection (1) of this section does not involve the construction of water works on land other than land of the subdivider, the Minister may exercise the power of construction conferred on him by subsection (3) of this section without complying with the requirements of sections fifteen, sixteen and eighteen of this Act and it shall not be necessary for the Governor by Order in Council to authorise the construction of the water works concerned under subsection (2) of section fourteen of this Act. .

Section 39A

added.	15. The principal Act is amended in Division 1 of Part V by adding after section 39 a section as follows-
Acquisition

ige agree-

39A. (1) The Minister may, at the request of

a person or local authority and with the

water works

from person

or local

approval of the Governor, acquire from the

authority.

person or local authority the whole or part of any water works of the person or local authority and all or any property used in connection with those water works on and subject to such terms and conditions as may be mutually agreed.

(2) The Minister shall cause notice of the fact of any acquisition made under subsection (1) of this section to be published in the Government Gazette.

(3) As and from the date of the publication referred to in subsection (2) of this section, the water works and property concerned shall, by force of this subsection and without any conveyance, transfer or assignment, be trans- ferred to and vested in the Minister and shall be deemed to be water works under and for the purposes of this Act. .

1978.] Country Areas Water Supply. [No. 95.

16. The Schedule to the principal Act is amended ,theerd ,ig

by deleting the word "SCHEDULE" in the heading

of that Schedule and substituting the passage

FIRST SCHEDULE.

(Section 4).

ACTS REPEALED. .

17. The principal Act is amended by adding,	Second
Schedule

after the Schedule thereto, the following Schedule added.

SECOND SCHEDULE.

(Section 12A).

LAND TO WHICH PART IIA OF ACT APPLIES.

The land comprised within the boundaries of

(a) the Wellington Dam Catchment Area; (b) the Mundaring Weir Catchment Area; (c) the Denmark River Catchment Area;

(d) the Kent River Water Reserve;

(e) the Warren River Water Reserve.