Rights in Water and Irrigation Act Amendment Act 1976 (WA)

WESTERN AUSTRALIA.

RIGHTS IN WATER AND

IRRIGATION.

No. 100 of 1976.

AN ACT to amend the Rights in Water and

Irrigation Act Amendment Act, 1974.

[Assented to 12th November, 1976.]

BE it enacted by the Queen'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:—

Short tit/e

1. (1) This Act may be cited as the Rights in and citation.

Water and Irrigation Act Amendment Act, 1976.

Act No. 48

(2) In this Act the Rights in Water and Irrigation Act Amendment Act, 1974, is referred to as the principal Act. of 1974.

No. 100.] Rights in Water and [1976.

Irrigation.

(3) The principal Act as amended by this Act may be cited as the Rights in Water and Irrigation Act Amendment Act, 1974-1976.

(4) The Rights in Water and Irrigation Act, 1914-1973, as amended by the principal Act and this Act may be cited as the Rights in Water and Irrigation Act, 1914-1976.

Commence-

The provisions of this Act shall come into operation on the date fixed by proclamation as the date on which the principal Act shall come into operation.

ment. 2.

Section 13

The principal Act is amended by deleting

section 13 and substituting two new sections as

follows-

amended. 3.

Section 27G

added.	13. The principal Act is amended by inserting after section 27 a new section to stand as section 27G as follows-
Application

of this Part. 27G. (1) The provisions of this Part of this Act shall apply to and have effect in relation to every river, stream, watercourse, lagoon, lake, swamp, marsh, or subter- ranean water throughout the State except that

(a) where the exercise of the powers conferred by this Part of this Act would be inconsistent with the provisions of any Agreement to which the State is a party and which, or the execution of which, is or has been ratified or approved by an Act, the Governor may, by Order in Council published in the Gazette, declare that any or all of the provisions of this Part of this Act shall not apply according to the Order in respect of any or all of the places, premises, acts or things to which that Agreement relates, and effect shall be given to any such declaration;

1976.] Rights in Water and [No. 100.

Irrigation.

(b)	the Governor, on the recommenda- tion of the Minister, may from time to time by proclamation declare that certain waters and land subject to the provisions of any other Act shall be excluded from the provisions of this Part of this Act; and
(c)	the Governor, on the recommenda- tion of the Minister, may from time to time by proclamation declare that certain portions of the waters in a specified area, or certain types of waters, shall be excluded from the provisions of this Part of this Act.

(2) An Order in Council or a proclama- tion made under subsection (1) of this section may be varied or revoked in like manner. .

Section 21E

14. The principal Act is amended by added.

inserting after section 27 a new section to stand

as section 27H as follows

27H. (1) The Governor may from time raVgaer

to time make regulations as to the issue of disposal licenses, the rights and obligations of licensees thereunder, the fees to be paid in respect thereof, and such other regula- tions as the Governor shall deem necessary or advisable to give effect to this Part of this Act.

(2) A regulation made under this section may discriminate according to different premises, trades, industries, processes or otherwise and may provide for differing fees to be payable, or for the remission of fees that would otherwise be payable, according to prescribed factors. .