Rights in Water and Irrigation Act Amendment Act 1939 (WA)

RIGHTS IN WATER AND

IRRIGATION.

3° GEO. 41, No. XVI.

No. 16 of 1939.

AN ACT to amend section twenty-seven of the Rights

in Water and Irrigation Act, 1914.

[Assented to 22nd Yovember, 1.939.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short We. 1. This Act may be cited as the Rights in Water and Irrigation Act Amendment Act, 1.939, and shall be read as one with the Rights in Water and Irrigation Act,

1914 (No. 19 of 1914), hereinafter referred to as the

principal Act.

Amendment	2. Section twenty-seven of the principal Act is re-
of a. 27 of

Principal Act.	pealed and a new section is inserted in lieu thereof as
Repeal and
new section.	follows:—

Application of	27. (1) This Part of this Act shall be deemed to have applied to and to have had effect in relation to artesian wells as from the commencement of this Act, and shall continue to apply to and to have effect in relation to artesian wells throughout the State.
Part III. of
this Act

1939.] Rights in -Irate r and Irrigation. [No. 16.

Provided that this subsection shall not be deemed to affect the right of property of any private owner in any artesian well constructed prior to or after the commencement of this section in any other man- ner or to any greater extent than that in or to which such right of property was affected by this Part of this Act as in force prior to the commencement of this section.

(2) In so far as rivers, streams, watercourses, lagoons, lakes, swamps, and marshes are situated within the boundaries of irrigation districts consti- tuted under Part TV. of this Act, before the com- mencement of this section and the water therefrom has been and is still required for irrigation under Part TV. of this Act, and in so far as the water in rivers, streams, watercourses, lagoons, lakes, swamps, and marshes not situate within an irriga- tion district has prior to the commencement of this section been required and used for irrigation under Part IV. of this Act, this Part shall be deemed to have applied to and to have had effect in relation to such rivers, streams, watercourses, lagoons, lakes, swamps, and marshes as from the dates respectively when the irrigation districts aforesaid, within the boundaries whereof they are situated, were consti- tuted as aforesaid, and as from the dates respec- tively when water in the rivers, streams, water- courses, lagoons, lakes, swamps, and marshes not situated within an irrigation district began to be required for irrigation under Part IV. aforesaid, as the case may be, and after the commencement of this section, this Part shall continue to apply to and to have effect in relation to all the said rivers, streams, watercourses, lagoons, lakes, swamps, and marshes, notwithstanding that the water therefrom may not now or may hereafter cease to be required for irriga- tion under Part IV. of this Act, and notwithstanding that the irrigation district within which any such river, stream, watercourse, lagoon, lake, swamp, or marsh is situated may be dissolved or the boundaries thereof altered, until the Governor by proclamation under this section as hereinafter provided for de- clares that this Part shall no longer apply to or have effect in relation to any such river, stream, water-

No. 16.] Rights in Water and Irrigation. [1939.

course, lagoon, lake, swamp, or marsh or to that part

of the State in which the same is situated.

(3)

Notwithstanding anything to the contrary con- tained in this Act but subject to subsection (2) hereof, this Part shall not apply to or have effect in relation to any river, stream, watercourse, lagoon, lake, swamp, or marsh, whether or not the same is at the commencement of this section now situate in an irrigation district constituted under Part IV. of this Act, if the water therefrom is not required for irriga- tion under Part TV. aforesaid, unless and until the Governor by proclamation under this section declares that this Part shall apply to and have effect in rela- tion to such river, stream, watercourse, lagoon, lake, swamp, or marsh or to that part of the State in which the same is situated or constitutes that part of the State in which the same is situated an irriga- tion district under Part IV. of this Act.

(4) Whenever after the commencement of this section any part of the State is constituted an irriga- tion district under Part IV. of this Act, then as and from the constitution of such irrigation district, every river, stream, watercourse, lagoon, lake, swamp, or marsh situated within the boundaries of such district, whether the water from the same is or is not required for irrigation under Part IV. afore- said, shall become subject to this Part, and this Part shall apply to and have effect in relation to every such river, stream, watercourse, lagoon, lake, swamp, or marsh accordingly.

(5) After the commencement of this section the Governor, without constituting any irrigation dis- trict under Part IV. of this Act, may, on the recom- mendation of the Minister, and acting with the advice of the Commissioners, at any time and from time to time by proclamation

(a) declare that this Part shall apply to and have effect in relation to any river, stream, watercourse, lagoon, lake, swamp, or marsh specified in the proclamation to which im mediately prior to the issue of the proclama. tion this Part by virtue of subsection (3) of this section does not apply;

1939.] Rights in Water and Irrigation. liNo. 16.

(b)	declare that this Part shall extend to and have effect in and throughout any portion of the State, to be defined in the proclamation, and shall apply to and have effect in relation to all the rivers, streams, watercourses, lagoons, lakes, swamps, and marshes situ- ated within that portion of the State speci- fied and defined as aforesaid;
(c)	declare that this Part shall no longer apply to or have effect in relation to any river, stream, watercourse, lagoon, lake, swamp, or marsh, to he specified in the proclama- tion, to which immediately prior to the issue of the proclamation this Part by virtue of subsection (2) of this section does apply, or that this Part shall no longer extend to or have effect in any portion of the State defined in the proclamation, or apply to or have effect in relation to any rivers, streams, watercourses, lagoons, lakes, swamps, or marshes situated within such portion of the State; and
(d)	cancel and revoke any proclamation pre- viously issued under the authority of this subsection.

Provided that no such declaration, cancellation, or revocation shall be made until after the expira- tion of thirty days after notice of intention to make such declaration, cancellation, or revocation has been given to the local authority or authorities in or through whose district or districts such river, stream, watercourse, lagoon, lake, swamp, or marsh run or are situate to the intent that before the mak- ing of such declaration, cancellation, or revocation any objection by such local authority or local authorities may be considered.

(6) Whenever the Governor issues any proclama- tion under the authority of either paragraph (a) or paragraph (b) of subsection (5) of this section, this Part shall apply to and have effect in relation to rivers, streams, watercourses, lagoons, lakes, swamps, and marshes, according to the tenor of the proclamation, notwithstanding that ! such rivers,

No. 3M.] Rights in lIater a nd n. [1939.

streams, watercourses, lagoons, lakes, swamps, or marshes may not be situated within an irrigation dis- trict constituted under Part IV. of this Act and the water therefrom may not be required for irrigation under the said Part IV.:

Provided that, notwithstanding anything to the contrary contained in this Part

(i)    where in any section contained in this Part any time for the doing of any act, matter, or thing is prescribed to run from the com- mencement of this Act or -from any other specified time, the time for the doing of such act, matter,. or thing shall be deemed to be prescribed to run from the date of the publication of the proclamation, and the said section shall be read and construed accordingly ;

(ii)    where in any section contained in this Part any act, matter, or thing is regulated or governed by any condition or circumstances existing at the commencement of this Act, such act, matter, or thing shall be deemed to be regulated or governed by the corre- sponding or relative condition or circum- stances as existing at the date of the pub- lication of the proclamation, and the said section shall be read and construed accord- ingly; and

unless the context otherwise requires, any reference to this Act in any section con- tained in this Part shall, so far as may be necessary or expedient to enable the pro- clamation to have and take effect accord- ing to the tenor thereof, be read and con- strued as if such reference were a refer- ence to the issue of the proclamation.

(7) Whenever the Governor issues any proclama- tion under the authority of paragraph (c) of sub- section (5) of this section, this Part shall, as from the publication of the proclamation and in accord- ance with the tenor thereof, cease to apply to or have effect in relation to any rivers, streams, water-

1939.1 Bight., in Fate,. and Irrigation. [No. 1G.

courses, lagoons, lakes, swamps, or marshes affected by the proclamation or to which the proclamation relates.

3. The principal Act as amended by this Act may be Citation

cited as the Rights in Water and Irrigation Act, 1914- TeTacsilla amended.