Metropolitan Water Supply Sewerage and Drainage Amendment By-laws 2016 (WA)

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GOVERNMENT GAZETTE, WA

7 June 2016

WA302*
Metropolitan Water Supply, Sewerage, and Drainage Act 1909
Metropolitan Water Supply, Sewerage and
Drainage Amendment By-laws 2016

Made by the Minister under the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909 section 146 and the Water Agencies (Powers)
Act 1984 section 34.
1. Citation

These by-laws are the Metropolitan Water Supply, Sewerage
and Drainage Amendment By-laws 2016.
2. Commencement
These by-laws come into operation as follows —

(a) by-laws 1 and 2 — on the day on which these by-laws
are published in the Gazette;

(b) the rest of the by-laws — on the day after that day.
3. By-laws amended

These by-laws amend the Metropolitan Water Supply, Sewerage
and Drainage By-laws 1981.
4. By-law 1.1 amended
In by-law 1.1 insert in alphabetical order:
Aboriginal customary purpose means —

(a)

preparing or consuming food customarily eaten by Aboriginal persons; or

(b)

preparing or using medicine customarily used by Aboriginal persons; or

(c)

engaging in artistic, ceremonial or other cultural activities customarily engaged in by Aboriginal persons; or

(d)

engaging in activities incidental to a purpose stated in paragraph (a), (b) or (c);
designated camping site means an area designated
under by-law 4.11.2 to be a camping site for the
Noongar people;
Noongar people means the traditional owners of the
lands in the South West Settlement Area;
registered Aboriginal site means a place in the register
maintained under the Aboriginal Heritage Act 1972
section 38;

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South West Settlement Area means the area of lands
described in Schedule 1 and shown, for information
purposes, on the map in Schedule 2;
special provision catchment area means a catchment area, or water reserve from which water can flow into an existing reservoir, within the South West Settlement
Area;
5. By-law 4.3 amended

(1) In by-law 4.3.4 delete “No” and insert:
Subject to by-laws 4.11.5, 4.12.2 and 4.12.3, no
(2) Delete by-law 4.3.5 and insert:

4.3.5 Subject to by-law 4.13 —

(a)

no person is to light a fire on Crown land in a prohibited zone on a catchment area except in the fire places provided at authorised picnic
sites unless with the written approval of the
CEO; and

(b)

any person lighting fires at other places on a catchment area must comply with all requirements of the Bush Fires Act 1954 or restrictions promulgated under that Act.

(3) In by-law 4.3.6 delete “No” and insert:
Subject to by-law 4.14, no
6. By-law 4.5 amended
In by-law 4.5.5 delete “No” and insert:
Subject to by-laws 4.12.2 and 4.12.3, no
7. By-laws 4.11 to 4.14 inserted
At the end of Part 4.0 insert:

4.11 Designated camping sites for Noongar people
4.11.1 In this by-law —
CALM Act land means land to which the Conservation
and Land Management Act 1984 applies under
section 5 of that Act;

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GOVERNMENT GAZETTE, WA

7 June 2016

CALM Act Minister means the Minister to whom the
administration of the Conservation and Land
Management Act 1984 is for the time being committed
by the Governor;
wellhead protection zone —

(a) within a pollution area — has the meaning
given in by-law 5.6.1; and

(b) within a water reserve — means an area
identified as a wellhead protection zone in the
drinking water source protection plan for the
water reserve published on the Department’s
website.

4.11.2 Subject to by-law 4.11.3, the Minister may, by notice
published in the Gazette, designate all or part of a
special provision catchment area to be a camping site
for the Noongar people.
4.11.3 The Minister must not —

(a)

designate CALM Act land to be a camping site under this by-law without the written consent of the CALM Act Minister; or

(b)

designate a prohibited zone to be a camping site under this by-law; or

(c)

designate a wellhead protection zone within a pollution area or within a water reserve to be a camping site under this by-law.

4.11.4

The CEO must ensure that sufficient signs are erected and maintained in the vicinity of a designated camping site indicating that the area is a designated camping site for the Noongar people.
4.11.5 A person does not breach by-law 4.3.4 by camping in a
special provision catchment area if the person —

(a) is a member of the Noongar people; and
(b) camps in a designated camping site.

4.12 Customary hunting by Noongar people
4.12.1 In this by-law —
hand-held tool does not include —

(a)

a firearm or any other device from which an object is discharged; or

(b)

a spear, boomerang or any other thing that is propelled from the hand;
take means trap, hunt or slaughter.

4.12.2 A person does not breach by-law 4.3.4 or 4.5.5 by
taking an invertebrate or egg, as the case may be, in a

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prohibited zone in a special provision catchment area if
the person —

(a) is a member of the Noongar people; and
(b) does so on a registered Aboriginal site; and

(c)

does so for an Aboriginal customary purpose; and

(d)

does so only by hand or with a hand-held tool; and

(e)

in doing so does not enter into or upon a stream, reservoir or watercourse; and

(f)

in doing so does not allow a hand-held tool to enter into a stream, reservoir or watercourse; and
(g) does not sell the invertebrate or egg.

4.12.3 A person does not breach by-law 4.3.4 or 4.5.5 by
taking an invertebrate or egg, as the case may be, in a
special provision catchment area, other than in a
prohibited zone in that area, if the person —

(a) is a member of the Noongar people; and

(b)

does so for an Aboriginal customary purpose; and

(c)

does so only by hand or with a hand-held tool; and

(d)

in doing so does not enter into or upon a stream, reservoir or watercourse; and

(e)

in doing so does not allow a hand-held tool to enter into a stream, reservoir or watercourse; and
(f) does not sell the invertebrate or egg.

4.13 Noongar people lighting fires for customary
purposes
A person does not need approval under by-law 4.3.5(a)
to light a fire on Crown land in a prohibited zone on a
special provision catchment area if the person —

(a) is a member of the Noongar people; and
(b) does so on a registered Aboriginal site; and

(c)

does so for an Aboriginal customary purpose; and

(d)

in doing so does not enter into or upon a stream, reservoir or watercourse.

4.14 Entry to Aboriginal sites by Noongar people

A person who enters Crown land within a prohibited zone on a special provision catchment area does not
breach by-law 4.3.6 if —

(a)

the person is a member of the Noongar people; and

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GOVERNMENT GAZETTE, WA

7 June 2016

(b) the person is travelling directly to or from, or is on, a registered Aboriginal site within the prohibited zone; and
(c) while on the land, the person does not enter into or upon a stream, watercourse or reservoir.
8. Schedules 1 and 2 inserted
At the end of the by-laws insert:

Schedule 1 — Description of South West Settlement Area

[bl. 1.1]

All the lands and waters contained within a line that —

 starts at the intersection of the prolongation westerly of the northern
boundary of the Shire of Coorow with the low water mark, being a
point on a northern boundary of native title determination
application WAD6192/1998 (WC97/71) as accepted for registration
on the Register of Native Title Claims on 22 August 1997;



then continues generally easterly and generally south-easterly along the boundaries of that native title application to the intersection with native title determination application WAD6181/1998 (WC00/7) as accepted for registration on the Register of Native Title Claims on
3 July 2008;
 then continues generally easterly, generally south-easterly and
westerly along the boundaries of that native title application to the
intersection with native title determination application
WAD6286/1998 (WC98/70) as accepted for registration on the
Register of Native Title Claims on 29 September 1998;
 then continues generally southerly along the boundaries of that
native title application to the intersection with the low water mark;
 then continues generally south-westerly, generally north-westerly
and generally northerly along the low water mark back to the starting
point,

other than any land or waters the subject of native title determination
application WAD6193/1998 (WC97/72-6) as accepted for registration on
the Register of Native Title Claims on 12 December 2011.
And all the islands landward of the low water mark that exist within the
area contained within a line that —

 starts at the intersection of the prolongation westerly of the northern
boundary of the Shire of Coorow with the low water mark;
 then continues generally southerly, generally south-easterly and
generally north-easterly along the low water mark to the intersection
with longitude 120.465236;
 then continues southerly to the intersection of the 3 nautical mile
limit with longitude 120.465236;

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 then continues generally south-westerly, generally north-westerly
and generally northerly along the 3 nautical mile limit to the
prolongation westerly of the northern boundary of the Shire of
Coorow;
 then continues easterly along that prolongation back to the starting
point.
Notes for this Schedule:
1.         The low water mark is sourced from the Spatial Cadastral Database maintained by the Western Australian Land Information Authority as at 29 October 2012.
2.         Coordinate references are to Geocentric Datum of Australia 1994 (GDA94) coordinates in decimal degrees.
3.         The 3 nautical mile limit is sourced from Australian Maritime Boundaries (AMB), 6th edition, released in February 2006.

Schedule 2 — Map of South West Settlement Area

[bl. 1.1]

M. DAVIES, Minister for Water.

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Metropolitan Water Supply Sewerage and Drainage Amendment By-laws 2016 (WA)

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(a)	preparing or consuming food customarily eaten by Aboriginal persons; or
(b)	preparing or using medicine customarily used by Aboriginal persons; or
(c)	engaging in artistic, ceremonial or other cultural activities customarily engaged in by Aboriginal persons; or
(d)	engaging in activities incidental to a purpose stated in paragraph (a), (b) or (c);

(1)	In by-law 4.3.4 delete “No” and insert:
Subject to by-laws 4.11.5, 4.12.2 and 4.12.3, no
(2)	Delete by-law 4.3.5 and insert:

(a)	no person is to light a fire on Crown land in a prohibited zone on a catchment area except in the fire places provided at authorised picnic
sites unless with the written approval of the CEO; and
(b)	any person lighting fires at other places on a catchment area must comply with all requirements of the Bush Fires Act 1954 or restrictions promulgated under that Act.

(3)	In by-law 4.3.6 delete “No” and insert:
Subject to by-law 4.14, no

4.11	Designated camping sites for Noongar people
4.11.1	In this by-law —
*CALM Act land* means land to which the Conservation and Land Management Act 1984 applies under section 5 of that Act;

(b)	within a water reserve — means an area
identified as a wellhead protection zone in the drinking water source protection plan for the

4.11.2	Subject to by-law 4.11.3, the Minister may, by notice published in the Gazette, designate all or part of a special provision catchment area to be a camping site for the Noongar people.
4.11.3	The Minister must not —

(a)	designate CALM Act land to be a camping site under this by-law without the written consent of the CALM Act Minister; or
(b)	designate a prohibited zone to be a camping site under this by-law; or
(c)	designate a wellhead protection zone within a pollution area or within a water reserve to be a camping site under this by-law.

4.11.4	The CEO must ensure that sufficient signs are erected and maintained in the vicinity of a designated camping site indicating that the area is a designated camping site for the Noongar people.
4.11.5	A person does not breach by-law 4.3.4 by camping in a
special provision catchment area if the person —

(a)	is a member of the Noongar people; and
(b)	camps in a designated camping site.

4.12	Customary hunting by Noongar people
4.12.1	In this by-law —
*hand-held tool* does not include —

(a)	a firearm or any other device from which an object is discharged; or
(b)	a spear, boomerang or any other thing that is propelled from the hand;

(a)	is a member of the Noongar people; and
(b)	does so on a registered Aboriginal site; and
(c)	does so for an Aboriginal customary purpose; and
(d)	does so only by hand or with a hand-held tool; and
(e)	in doing so does not enter into or upon a stream, reservoir or watercourse; and
(f)	in doing so does not allow a hand-held tool to enter into a stream, reservoir or watercourse; and
(g)	does not sell the invertebrate or egg.

4.12.3	A person does not breach by-law 4.3.4 or 4.5.5 by taking an invertebrate or egg, as the case may be, in a special provision catchment area, other than in a
prohibited zone in that area, if the person —

4.13	Noongar people lighting fires for customary purposes
A person does not need approval under by-law 4.3.5(a) to light a fire on Crown land in a prohibited zone on a
special provision catchment area if the person —

4.14	Entry to Aboriginal sites by Noongar people
A person who enters Crown land within a prohibited zone on a special provision catchment area does not
breach by-law 4.3.6 if —

(b)	the person is travelling directly to or from, or is on, a registered Aboriginal site within the prohibited zone; and
(c)	while on the land, the person does not enter into or upon a stream, watercourse or reservoir.

	starts at the intersection of the prolongation westerly of the northern boundary of the Shire of Coorow with the low water mark, being a point on a northern boundary of native title determination application WAD6192/1998 (WC97/71) as accepted for registration on the Register of Native Title Claims on 22 August 1997;
	then continues generally easterly and generally south-easterly along the boundaries of that native title application to the intersection with native title determination application WAD6181/1998 (WC00/7) as accepted for registration on the Register of Native Title Claims on
3 July 2008;
	then continues generally easterly, generally south-easterly and westerly along the boundaries of that native title application to the intersection with native title determination application WAD6286/1998 (WC98/70) as accepted for registration on the Register of Native Title Claims on 29 September 1998;
	then continues generally southerly along the boundaries of that native title application to the intersection with the low water mark;
	then continues generally south-westerly, generally north-westerly and generally northerly along the low water mark back to the starting point,

	starts at the intersection of the prolongation westerly of the northern boundary of the Shire of Coorow with the low water mark;
	then continues generally southerly, generally south-easterly and generally north-easterly along the low water mark to the intersection with longitude 120.465236;
	then continues southerly to the intersection of the 3 nautical mile limit with longitude 120.465236;

	then continues generally south-westerly, generally north-westerly and generally northerly along the 3 nautical mile limit to the prolongation westerly of the northern boundary of the Shire of Coorow;
	then continues easterly along that prolongation back to the starting point.