Land Drainage Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA.

LAND DRAINAGE.

No. 73 of 1972.

AN ACT to amend the Land Drainage

Act, 1925-1954.

[Assented to 16th November, 1972.]

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 Land	Short title
and

Drainage Act Amendment Act, 1972. citation.

(2) In this Act the Land Drainage Act, 1925-1954	Reprinted
Vol. 21

is referred to as the principal Act.	Acts.Approved
for reprint 22nd May,

(3) The principal Act as amended by this Act 1867.

may be cited as the Land Drainage Act, 1925-1972.

No. 73.] Land Drainage. [1972.

Amend-

ment to	2. Subsection (2) of section 60 of the principal
s. 60 (Con-

struction	Act is amended
and main-

tenance of	(a)	by substituting for the word "one" in line
works).
three, the word "five";
(b)	by deleting paragraph (c) and substitut- ing the following paragraph

(c) obtain from the Director of Engi- neering or officer deputed by him a certificate that he is satisfied that the proposed works will be of the capacity specified in the certificate.

S. 65A

added. 3. The principal Act is amended by adding after

section 65 a section as follows-

Benefits

derived	65A. The compensation payable to any
from works

to be

person for any damage sustained by him

from com-

deducted

through the exercise of the powers conferred

pensation

payable.

by section sixty-five of this Act shall be

reduced by

(a)	the amount, if any, by which the value of any property of that person wherever situate has been directly or indirectly enhanced by the construc- tion of any drainage works in the course of the exercise of those powers; and
(b)	the value, if any, of any immediate or proximate benefit that has been gained by or become available to that person by reason of the construction, use or maintenance of any drainage works under this Act. .

S. 164A

added. 4. The principal Act is amended by adding after

section 164 a section as follows-

Authority

for certain

164A. Drainage works constructed before the coming into operation of the Land Drainage Act Amendment Act, 1972 shall not be deemed to have been constructed without the authority conferred by section sixty or sixty-two of the Land Drainage Act, 1925-1954 by reason only that a certificate in the form set out in para- graph (c) of subsection (2) of the firstmen- toned section was not obtained before the construction of those works was undertaken. .

works.