Rights in Water and Irrigation Act Amendment Act 1951 (WA)

RIGHTS IN WATER AND

IRRIGATION.

15 0 Geo. VI., No. XVIII.

No. 18 of 1951.

AN ACT to amend the Rights in Water and

Irrigation Act, 1914-1949.

[Assented to 26th November, 1951.]

BE it enacted by the King's Most ExcellentMajesty, 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. This Act may be cited as the Rights in Water Simel ""e

and Irrigation Act Amendment Act, 1951, and shall be read as one with the Rights in Water and Irriga- tion Act, 1914-1949 (Act No. 19 of 1914 as reprinted

No. 18.] Rights in Water and Irrigation. [1951.

with amendments to and including Act No. 32 of 1941, incorporated pursuant to the provisions of the Amendments Incorporation Act, 1938, in Volume 2 of the Reprinted Acts of the Parliament of Western Australia, 1943, and further amended by Acts Nos. 3 of 1945 and 9 of 1949), referred to in this Act as the principal Act.

Citation of

principal	2. The principal Act as amended by this Act may 1914-1951.
Act as
amended by	be cited as the Rights in Water and Irrigation Act,
this Act.
S. 11
amended.	3. Subsection (1) of section eleven of the prin- cipal Act is amended by adding after the word, "deepening," in line twelve the words, "and straight- ening and otherwise altering".
S.25

amended.	4. Subsections (3) and (4) of section twenty-five
Cf. No. 30

of 1918, s. 36	of the principal Act are repealed.
as amended.
S. 42.

amended. 5. Section forty-two of the principal Act is

amended by

(a)

substituting for the word, "prices", in line four of the proviso to subsection (1) the word, "charges";

(b)

adding after the word, "proper", in line six of the proviso to subsection (1) the words, "and that subject to the provisions of this Act and the by-laws and payment of the prescribed charges, the board may, in its discretion, supply to a ratepayer for the purposes of irrigation, water in excess of that to which he is entitled in respect of rates pursuant to the provisions of the last preceding section".

Ss. 42A and

4213 added.	6. The following sections are added to the prin- cipal Act-
Insinuation

of	42A. (1) The board may cause a measuring
measuring

instruments.	instrument to be installed on any land to which
Cf. Water
Boards Act,	it supplies water pursuant to the provisions of
1904-1949,
s. 58.	this Act.

1951.] Rights in Water and Irrigation. [No. 18. (2) Where a measuring instrument is so installed the owner or occupier of the land shall not, without the board's consent, receive water on to the land unless it is measured by the measuring instrument except when, in the opinion of the board, the measuring instrument is not functioning properly in which case the owner or occupier of the land shall not receive water on to the land otherwise than as pre- scribed.

42B. The board may prescribe the manner =p-

in which may be ascertained the quantity of =,tY of

water supplied to a consumer whether by means a#P1Mr

of a measuring instrument or otherwise, and f=act

a certificate purporting to be signed by an 59'

officer of the board stating the quantity so ascertained, shall in any proceedings in which the quantity of water is in question, be prima facie evidence of the quantity of water supplied.

5.59

7. Section fifty-nine of the principal Act is amended_

amended by

(a) substituting for the words, "subject to the provisions of this Act", in lines one and two the words, "with the approval of the Governor";

(b) adding the following paragraph

(6a) Prescribing scales of charges for water Worglast

supplied, and the minimum quantity ;?t4i919,

Paragraph

of water to be charged for. 0).

8. Sections sixty-one and eighty of the principal repealedd 80 Cf. No. 30

Act are repealed. of 1918, s. 36 as amended.