Preston Valley Irrigation District Amendment By-laws 2001 (WA)

2 February 2001 GOVERNMENT GAZETTE, WA 715

WATER

WA301*

Water Agencies (Powers) Act 1984

Preston Valley Irrigation District Amendment

By-laws 2001

Made by the Minister under section 34(1) of the Act.

1.             Citation

These by-laws may be cited as the Preston Valley Irrigation
District Amendment By-laws 2001.

2.             The by-laws amended

The amendments in these by-laws are to the Preston Valley
Irrigation District By-laws*.

[* Published in Gazette 19 December 1969, pp. 4201-4.

For amendments to 10 January 2001 see 1999 Index to
Legislation of Western Australia, Table 4, pp. 318-9.]

3.             Headings to Division I replaced

The headings “DIVISION I.” and “Preliminary.” are deleted and the following heading is inserted instead —

“

Part 1 — Preliminary

”.

4.             By-law 1 replaced

By-law 1 is repealed and the following by-law is inserted instead —

“

1.             Citation

These by-laws may be cited as the Water Agencies (Preston Valley Irrigation Services) By-laws 1969.

”.

716 GOVERNMENT GAZETTE, WA 2 February 2001

5.             By-law 1A replaced

By-law 1A is repealed and the following by-law is inserted instead —

“

2.             Application

These by-laws apply to that portion of the South West
Region Controlled Area (Irrigation Services)
(constituted under the Water Services Coordination
Act 1995) shown on the plan set out in Schedule 1.

”.

6.             By-law 3 amended

(1) By-law 3 is amended as follows:

(a) former Minister, the former Authority or the

in the definition of “Approved Diverter” by deleting “a “ the Corporation or the Cooperative ”;

(b) by deleting the definitions of “District”, and “fauna” and inserting instead the following definition —

“

“Cooperative” means the Preston Valley Irrigation

Cooperative Ltd;

”.

(c) in the definition of “Preston River” as follows:

(i)      by deleting “District” and inserting instead — “ area referred to in by-law 2 ”;

(ii)      by deleting “a former Minister, the former Authority or the Corporation;” and inserting instead —

“

the Corporation or the Cooperative;

”;

(d) by deleting the definition of “the Act”.

7.             Headings to Division III replaced

The headings “DIVISION III.” and “Protection of Water, the following heading is inserted instead —

“

Part 2 — Protection of water, grounds and

works

”.

2 February 2001 GOVERNMENT GAZETTE, WA 717

8.             By-law 7 repealed

By-law 7 is repealed.

9.             By-law 10 amended

(1) By-law 10(1) is amended as follows:

(a)	at the end of paragraph (c) by deleting the full stop;
(b)	after paragraph (c) by inserting the following paragraphs —

“

(d)	construct a dam or develop a soak hole within 20 metres of the Preston River banks; or
(e)	construct any permanent structure within the waterway of the Preston River.

”.

(2) By-law 10(2) is repealed.

10.           Headings to Division IV replaced

The headings “DIVISION IV.” and “Conditions Governing the heading is inserted instead —

“

Part 3 — Conditions governing the supply and

control of water

”.

11.           By-law 12 amended

By-law 12 is amended by inserting after “Approved
Diverter” —

“ or is authorised to do so under another written law ”.

12.           By-law 13 amended

By-law 13 is amended by inserting after “Approved
Diverter” —

“ or is authorised to do so under another written law ”.

13.           By-law 14 amended

By-law 14(2) and (3) are repealed.

718 GOVERNMENT GAZETTE, WA 2 February 2001

14.           By-law 15 amended

By-law 15 is amended as follows:

(a) in paragraph (a) by deleting “Corporation;” and inserting instead —

“

Cooperative, unless the Approved Diverter is authorised to do so under another written law;

”;

(b) in paragraph (b) by deleting “by-laws.” and inserting instead —

“

by-laws, unless the Approved Diverter is

authorised to do so under another written law.

”;

15.           By-law 16 to 18 repealed

By-laws 16, 17 and 18 are repealed.

16.           By-law 20 repealed

By-law 20 is repealed.

17.           By-law 22 amended

By-law 22(3) is repealed.

18.           Headings to Division VI replaced

The headings “DIVISION VI.” and “Miscellaneous.” are deleted and the following heading is inserted instead —

“

Part 4 — Miscellaneous

”.

19.           Various references to “Corporation” changed to “Cooperative”

The by-laws are amended by deleting “Corporation” in each place where it occurs that is mentioned in the Table to this by-law and inserting instead —

“ Cooperative ”.

Table

bl. 10(1)	bl. 22(1)
bl. 14(1)	bl. 22(2) (3 places)
bl. 15(b)	bl. 23
bl. 19	bl. 26
bl. 21 (2 places)	bl. 29

2 February 2001 GOVERNMENT GAZETTE, WA 719

20.           Schedule replaced

The Schedule is deleted and the following Schedule is inserted instead —

“

Schedule 1 — Area to which these by-laws apply

[bl. 2]

”.

KIM HAMES, Minister for Water Resources.