Rights in Water and Irrigation Amendment Act 2000 (WA)

Western Australia

Rights in Water and Irrigation Amendment Act

2000

Western Australia

Rights in Water and Irrigation Amendment Act

2000

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	The Act amended	2
Part 2 — Amendments relating to the

long title, definitions and other

miscellaneous matters

4.	Long title replaced	3
5.	Section 2 amended	3
6.	Section 3 inserted	5

Meaning of “watercourse”

7.	Division 1 inserted in Part III	6
Division 1 — Objects and application of this Part

4.	Objects	6
4A.	Meaning of “watercourse” in this Part	7
5.	Waters to which this Part does not apply	7

8.	Section 9 amended	8
9.	Section 16 amended	9
10.	Section 20 amended	9
11.	Section 21 amended	9
12.	Section 26H amended	10
13.	Section 38 amended	10
14.	References to “wetland” inserted instead of certain
words in various sections	10

Rights in Water and Irrigation Amendment Act 2000

Contents

15. References to “water-course” changed to

“watercourse” in various sections

16.

Section 70 amended

Part 3 — Amendments relating to

water rights

17.	Heading to Part III amended	13
18.	Division 1A inserted in Part III	13
Division 1A — Ownership and control of waters

5A.	Natural waters vest in Crown	13
5B.	Saving for works	13
5C.	Unauthorized taking of water prohibited	14
5D.	Rights cannot be acquired by length of
use	15
5E.	Civil remedy where unlawful taking of
water or degradation of water resource	15

19.	Heading to Division 1 of Part III amended	16
20.	Section 6 amended	16
21.	Section 8 repealed	18
22.	Section 9 amended	18
23.	Section 10 amended	19
24.	Section 11 replaced	19

11.

Works for purposes of section 10

25.	Section 12 repealed	20
26.	Section 13 repealed	20
27.	Section 19 amended	20
28.	Section 20 amended	20
29.	Section 21 amended	22
30.	Section 21A inserted	23

21A.

Works for purposes of section 21

31.	Section 22 amended	24
32.	Section 24 amended	25
33.	Section 26 repealed and sections 25A and 26
inserted	25

25A.

Rights to take water from non-artesian

wells in prescribed areas

26.

Local by-laws for section 25A

34.	Section 26A amended	26
35.	Section 26B amended	26
36.	Section 26C amended	28
37.	Section 26D amended	29
38.	Section 26F amended	29

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Contents

39.	Section 26G amended	30
40.	Division 3A inserted in Part III	31
Division 3A — Limitations on rights conferred by

and under Divisions 1B, 2 and 3

Subdivision 1 — Limitations where water is

augmented

26GA.

Rights under sections 9, 10, 20 and 21 do

not extend to augmented volume of water

Subdivision 2 — Limitations imposed by direction

26GB.	Definition	32
26GC.	Commission may give directions	33
26GD.	When section 26GC applies	34
26GE.	Further provisions as to orders and
determinations	35
26GF.	Directions override other rights	35

41.	Section 26H amended	36
42.	Section 27 amended	36
43.	Section 28 amended	36
Part 4 — Amendments relating to local by-laws, water resources management committees and plans for the management of water resources
44.	Divisions 3C and 3D inserted in Part III	37
Division 3C — Local water resources management

committees

26GK.	Establishment of committees	37
26GL.	Certain requirements for orders under
section 26GK	38
26GM.	Functions of committees	39
26GN.	Particular duties of members	40
26GO.	Procedure	42
26GP.	Delegation	42
26GQ.	Commission to provide support	42
26GR.	Remuneration	42
26GS.	Protection from liability	43
26GT.	Execution of documents by committee	43

Division 3D — Plans for management of

water resources

Subdivision 1 — Plans and their contents

26GU.	Preparation of plans	44
26GV.	Classification of plans	44

Rights in Water and Irrigation Amendment Act 2000

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26GW.	Purposes of regional management plans	44
26GX.	Purposes of sub-regional management
plans	45
26GY.	Purposes of local area management plans	46
26GZ.	Consultation with water resources
management committees	48

Subdivision 2 — Public consultation and approval of

plans

26GZA.	Plan to be publicly notified	48
26GZB.	Public submissions	49
26GZC.	Referral of plan to other bodies	49
26GZD.	Modification of plan	50
26GZE.	Approval of plan	50
26GZF.	Notice and commencement	51
26GZG.	Review, revocation, amendment and
correction of plan	52

45.	Section 26K amended	53
46.	Sections 26L, 26M and 26N inserted	54

26L.	Local by-laws	54
26M.	Licensing schemes under local by-laws	56
26N.	Prerequisites for making local by-laws	56

47.

Section 39 replaced

39.

Appropriation of water for irrigation

48.	Section 59 amended	58
Part 5 — Amendments relating to

licensing

49.	Division 3E inserted in Part III	59
Division 3E — Register of instruments

26GZH.	Definition	59
26GZI.	Register	59
26GZJ.	Information to be included in register	60
26GZK.	Transfer of licence to be recorded	61
26GZL.	Application for notation of security interest	61
26GZM.	Notation of security interest	61
26GZN.	Commission not to be concerned with
certain matters	62
26GZO.	Person who has security interest to be
notified of certain events	62
26GZP.	Coordinator of Water Services to be
notified of certain events	63
26GZQ.	Removal or variation of notation	63
26GZR.	Register may be amended	64
26GZS.	No compensation payable	64
26GZT.	Regulations relating to register	65

50.

Section 26Q inserted

26Q.

Commission may undertake certain work

Rights in Water and Irrigation Amendment Act 2000

Contents

51.

Sections 27A, 27B and 27C inserted

27A.

Regulations may require other acts to be

licensed

27B.

Regulations as to licences and permits

27C.

Minister to review and report on this Part

52.

Schedule 1 added

Schedule 1 — Licensing and related provisions

Division 1 — Preliminary

1.	Definition	69
2.	Licences for different purposes	69
3.	Persons who are eligible to hold licences	69

Division 2 — Applications and licensing decisions

4.	Applications for licences	70
5.	Advertising of applications	71
6.	Right to make representations	71
7.	Grant or refusal at Commission’s
discretion	72
8.	When Commission must refuse licence	73
9.	Where applicant is not a person eligible to
hold a licence	73
10.	Commission to give certain information	74
11.	Licences may be combined	74
12.	Duration of licences	74
13.	Licensee becoming ineligible	76
14.	Licensee ceasing to be owner or occupier
of land	76

Division 3 — Terms, conditions and restrictions

15. Inclusion of terms, conditions and

restrictions in licences

16. Compliance with condition when licence

inoperative

17. Condition for payment of money to

another licensee

18. Commission may direct compliance with

licence condition

Division 4 — Notation on licence of interest of third

party

19.	When clause 20 applies	80
20.	Restrictions on dealing with licence	80
21.	Further provisions as to notation	81

Division 5 — Renewal of licences

22.

Renewal of licences

Division 6 — Amendment, suspension, cancellation

and surrender of licences

23. Application by licensee for amendment of

licence

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Contents

24.	Commission may amend licence	82
25.	Commission may suspend or cancel
licence	84
26.	Licensee’s rights before licence amended,
suspended or cancelled	86
27.	Surrender of licences	87

Division 7 — Transfers of licences and water

entitlements and agreements with licensees

to take water

28.	Definition	87
29.	Transfers of licences and entitlements	87
30.	Agreements with licensees to take water	87
31.	Approval of Commission required	88
32.	Application for Commission’s approval	89
33.	Commission may direct that assessment
be made	90
34.	Consent of persons having a security
interest	90
35.	Requirement for notice of application in
certain cases	90
36.	Endorsement and record of dealings	91

Division 8 — Transfer of licences and water

entitlements to the Commission

37.	Definition	92
38.	Authority of Commission to receive
transfers	92

Division 9 — Compensation

39.

Compensation

Division 10 — Issue of licences and transfer of

licences and water entitlements by the

Commission for a premium

40. Authority of Commission to issue licences

at a premium

41. Authority of Commission to transfer

licences etc. for a premium

Division 11 — Miscellaneous

42.	Notification to be given to Registrars	97
43.	Licensee to maintain facilities	98
44.	Licensee to notify change of
circumstances	98
45.	Duplicate licences	98
46.	Meters	99
47.	Meter reading to be presumed correct	100

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Contents

Appendix to Schedule 1

Part 6 — Amendments relating to

dams and drainage

53.	Section 17 amended	102
54.	Sections 17A and 17B inserted	103

17A.	Saving for existing dams	103
17B.	Regulations as to permits for section 17	103

55.

Sections 26O and 26P inserted

104

26O.	Local by-laws for control of drainage	104
26P.	Local by-laws relating to flood protection
works	104

Part 7 — Amendments relating to

penalties and appeals

56.	Section 14 repealed	106
57.	Section 22 amended	106
58.	Section 23 repealed	106
59.	Section 26A amended	106
60.	Section 26B amended	106
61.	Section 26D amended	106
62.	Section 26E amended	106
63.	Section 26F amended	107
64.	Section 26G amended	107
65.	Division 3B inserted in Part III	107
Division 3B — Appeals

26GG.	Appeals relating to licences to take water	107
26GH.	Appeals relating to directions as to the
taking of water	108
26GI.	Appeals relating to licences under
Division 3	108
26GJ.	Schedule 2 applies to appeals	109

66.	Section 27 amended	109
67.	Section 70 amended	109
68.	Section 71 amended	109
69.	Section 72 amended	109
70.	Schedule 2 added	110
Schedule 2 — Appeal provisions

1.	Definition	110
2.	Bringing an appeal	110
3.	Notice of appeal	110
4.	Decision may be suspended	111

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Contents

5.	Referral of appeals to tribunal	111
6.	Hearings	112
7.	Proceedings at hearing	113
8.	Case stated	113
9.	Costs	113
10.	Tribunal may dismiss frivolous or
vexatious appeals	113
11.	Powers of tribunal	114
12.	Offences	114
13.	Staff of tribunals	115
14.	Regulations relating to tribunals	115

Part 8 — Transitional provisions

71.	Definitions	117
72.	Interpretation Act 1984 not affected	117
73.	Appeals in progress	117
74.	Applications made for licences to take water	118
75.	Applications made for licences in respect of wells	119
76.	Licences under section 12 or 13	119
77.	Licences under section 26D	120
78.	Civil remedy under section 5E	121
79.	Time running for purposes of section 26B(4) or (5)	121
80.	Existing augmentations of water volumes	121
81.	Orders under section 26C	122
82.	Powers in relation to transitional provisions	122
Part 9 — Consequential amendments

to other Acts

83.	Country Areas Water Supply Act 1947	123
84.	Environmental Protection Act 1986	123
85.	Metropolitan Water Supply, Sewerage, and
Drainage Act 1909	123
86.	Mining Act 1978	123

Western Australia

Rights in Water and Irrigation Amendment

Act 2000

No. 49 of 2000

An Act to amend the Rights in Water and Irrigation Act 1914 and to make consequential amendments to the —

•	*Country Areas Water Supply Act 1947*;
•	*Environmental Protection Act 1986*;
•	**Metropolitan Water Supply, Sewerage, and Drainage Act 1909; and**
•	*Mining Act 1978*.

[Assented to 28 November 2000]

The Parliament of Western Australia enacts as follows:

Rights in Water and Irrigation Amendment Act 2000

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Rights in Water and Irrigation

Amendment Act 2000.

2. Commencement

This Act comes into operation on a day fixed by proclamation.

3. The Act amended

The amendments in this Act are to the Rights in Water and

Irrigation Act 1914*, unless otherwise indicated.

[* Reprinted as at 2 April 1996.

For subsequent amendments see 1998 Index to Legislation of

Western Australia, Table 1, p. 217.]

Rights in Water and Irrigation Amendment Act 2000

Amendments relating to the long title, definitions and other

Part 2

miscellaneous matters

s. 4

Part 2 — Amendments relating to the long title,

definitions and other miscellaneous matters

4. Long title replaced

The long title is repealed and the following long title is inserted

instead —

“

An Act relating to rights in water resources, to make provision for the regulation, management, use and protection of water resources, to provide for irrigation schemes, and for related purposes.

”.

5. Section 2 amended

Section 2(1) is amended as follows:

(a)	in the definition of “bed”, by deleting “, lake, lagoon, swamp or marsh” where it first occurs and inserting instead —

“ or wetland ”;

(b)	in the definition of “bed”, by deleting “, lake, lagoon, swamp or marsh,” and inserting instead —

“ or wetland ”;

(c)	after the definition of “Crown land”, by inserting the following definition —

“

“degradation”, in respect of water, includes the

sensible diminishing of the quality or quantity of

that water;

”;

(d)	by deleting the definition of “irrigation”;

Rights in Water and Irrigation Amendment Act 2000

Part 2	Amendments relating to the long title, definitions and other
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(e)	by deleting the definition of “Lake, lagoon, swamp or marsh” and inserting instead —

“

“local by-laws” means local by-laws made under

section 26L;

”;

(f)	by deleting the definition of “spring” and inserting instead the following definitions —

“

“spring” means a spring of water naturally rising to

and flowing over the surface of land, but does not

include the discharge of underground water

directly into a watercourse, wetland, reservoir or

other body of water;

“take”, in relation to water, means to remove water

from, or reduce the flow of water in, a

watercourse, wetland or underground water

source, including by —

(a)	pumping or siphoning water;
(b)	stopping, impeding or diverting the flow of water;
(c)	releasing water from a wetland;
(d)	permitting water to flow under natural pressure from a well; or
(e)	permitting stock to drink from a watercourse or wetland,

and includes storing water during, or ancillary to,

any of those processes or activities;

“the regulations” means regulations made as

mentioned in section 27;

“underground water” or “underground water

source” includes water that percolates from the

ground into a well or other works;

”;

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miscellaneous matters

s. 6

(g)	by deleting the definition of “water-course” and inserting the following definitions —

“

“watercourse” has the meaning given by section 3;

“water resources” includes —

(a)	watercourses and wetlands together with their beds and banks;
(b)	other surface waters; and
(c)	aquifers and underground water;

“well” means an opening in the ground made or used

to obtain access to underground water;

“wetland” means a natural collection of water,

whether permanent or temporary, on the surface of

any land and includes —

(a)	any lake, lagoon, swamp or marsh; and
(b)	a natural collection of water that has been artificially altered,

but does not include a watercourse.

”.

6. Section 3 inserted

After section 2 the following section is inserted —

“

3. Meaning of “watercourse”

(1)	In this Act, unless the contrary intention appears —
“watercourse” means —

(a)	any river, creek, stream or brook in which water flows;
(b)	any collection of water (including a reservoir) into, through or out of which any thing coming within paragraph (a) flows;

Rights in Water and Irrigation Amendment Act 2000

Part 2	Amendments relating to the long title, definitions and other
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(c)	any place where water flows that is prescribed by local by-laws to be a watercourse,

and includes the bed and banks of any thing

referred to in paragraph (a), (b) or (c).

(2)	For the purposes of the definition in subsection (1) —

(a)	a flow or collection of water comes within that definition even though it is only intermittent or occasional;
(b)	a river, creek, stream or brook includes a conduit that wholly or partially diverts it from its natural course and forms part of the river, creek, stream or brook; and
(c)	it is immaterial that a river, creek, stream or brook or a natural collection of water may have been artificially improved or altered.

”.

7. Division 1 inserted in Part III

Immediately after the heading to Part III the following Division

is inserted —

“

Division 1 — Objects and application of this Part

4. Objects

(1)	The objects of this Part are —

(a)	to provide for the management of water resources, and in particular —

(i)

for their sustainable use and current and future users; and

(ii) for the protection of their ecosystems and the environment in which water

Rights in Water and Irrigation Amendment Act 2000

Amendments relating to the long title, definitions and other

Part 2

miscellaneous matters

s. 7

resources are situated, including by the

regulation of activities detrimental to

them;

(b)	to promote the orderly, equitable and efficient use of water resources;
(c)	to foster consultation with members of local communities in the local administration of this Part, and to enable them to participate in that administration; and
(d)	to assist the integration of the management of water resources with the management of other natural resources.

(2)

The reference to “use and development” in

subsection (1)(a)(i) includes use and development for

domestic, commercial, recreational, cultural and

navigational purposes.

(3)

The Commission is to seek to ensure that the objects

stated in subsection (1) are achieved, and other persons

are to do so to the extent that they have relevant

functions under this Part.

4A.	Meaning of “watercourse” in this Part
In this Part —
“watercourse” includes waters flowing from a spring

to which this Part applies.

5. Waters to which this Part does not apply

(1)	This Part does not apply to or in relation to —

(a)	the water flowing from any spring the water of which rises to the surface on land that has been granted or demised by the Crown until it has

passed beyond the boundaries of the land

Rights in Water and Irrigation Amendment Act 2000

Part 2	Amendments relating to the long title, definitions and other
s. 8

belonging to the owner or occupier of the land

on which the water so rises; or

(b)	the water in any wetland the bed of which is on land that has been granted or demised by the Crown and is wholly within the boundaries of the land belonging to the owner or occupier of the land on which it is situated,

unless the spring or wetland is prescribed by local

by-laws as being a spring or wetland to which this Part

applies.

(2)	A spring or wetland may not be prescribed as a spring or wetland to which this Part applies unless —

(a)	taking water from the spring or wetland will, in the opinion of the water resources management committee established under Division 3C for

the locality or localities in which the by-law is intended to apply, have a significant impact on the flow or level of a watercourse or wetland;

(b)	that committee recommends to the Commission that this Part applies to or in relation to the spring or wetland; and
(c)	the Commission recommends to the Minister that this Part applies to or in relation to the spring or wetland.

”.

8. Section 9 amended

(1)	Section 9(1) is amended by deleting “any lake, lagoon, swamp or marsh” and inserting instead —
“ any wetland ”.
(2)	Section 9(1) is amended by deleting “, lake, lagoon, swamp or marsh,” and inserting instead —
“ or wetland ”.

Rights in Water and Irrigation Amendment Act 2000

Amendments relating to the long title, definitions and other

Part 2

miscellaneous matters

s. 9

(3)	Section 9(2)(a) is amended as follows:

(a)	by deleting “lake, lagoon, swamp or marsh” and inserting instead —

“ wetland ”;

(b)	in subparagraph (i), by deleting “, lake, lagoon, swamp or marsh” and inserting instead —

“ or wetland ”.

9. Section 16 amended

Section 16(1)(a) is amended by deleting “, lake, lagoon, swamp,

or marsh,” and inserting instead —

“ or wetland ”.

10. Section 20 amended

(1)	Section 20(1) is amended by deleting “any lake, lagoon, swamp or marsh” and inserting instead —
“ any wetland ”.
(2)	Section 20(1) is amended by deleting “, lake, lagoon, swamp or marsh,” and inserting instead —
“ or wetland ”.
(3)	Section 20(1)(c) is amended by deleting “the lake, lagoon, swamp or marsh” and inserting instead —
“ the wetland ”.

11. Section 21 amended

(1)

Section 21(1)(c) is amended by deleting “lake, lagoon, swamp

or marsh” and inserting instead —

“ wetland ”.

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Part 2	Amendments relating to the long title, definitions and other
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(2)

Section 21(1) is amended by deleting “, lake, lagoon, swamp or

marsh” and inserting instead —

“ or wetland ”.

12. Section 26H amended

Section 26H(1) is amended by deleting “water-courses, lakes,

lagoons, swamps, marshes or underground” and inserting

instead —

“ watercourses, wetlands or underground water ”.

13. Section 38 amended

Section 38(c) is amended by deleting “or water-course, lake,

lagoon, swamp or marsh” and inserting instead —

“ , watercourse or wetland ”.

14. References to “wetland” inserted instead of certain words in various sections

(1)

The Act is amended by deleting “, lake, lagoon, swamp or

marsh” where it occurs in the provisions referred to in the table

to this subsection and inserting instead —

“ or wetland ”.

Table

section 15(1) and (2)	section 17(6)
section 16(2)	section 25(4)

(2)

The Act is amended by deleting “, lake, lagoon, swamp or

marsh,” where it occurs in the provisions referred to in the table

to this subsection and inserting instead —

“ or wetland ”.

Table

section 6(5)

section 10(1)

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Part 2

miscellaneous matters

s. 15

(3)

The Act is amended by deleting “, lake, lagoon, swamp, or

marsh” where it occurs in the provisions referred to in the table

to this subsection and inserting instead —

“ or wetland ”.

Table

section 6(2), (3) and (5)	section 19(1)
section 16(2)	section 22(1)(a)(i) and (ii)

(4)

The Act is amended by deleting “lake, lagoon, swamp or

marsh” where it occurs in the provisions referred to in the table

to this subsection and inserting instead —

“ wetland ”.

Table

section 17(3)

section 25(1)

(5)	The Act is amended by deleting “lake, lagoon, swamp, marsh” where it occurs in the provisions referred to in the table to this subsection and inserting instead —
“ wetland ”.

Table

section 26J(1) and (2)

15. References to “water-course” changed to “watercourse” in various sections

The Act is amended by deleting “water-course” where it occurs

in the provisions referred to in the table to this section and

inserting instead —

“ watercourse ”.

Table

definition of “bed”(twice)	section 17(2), (3) and (6)
section 6(2) and (3)	section 18
section 6(5) (twice)	section 19(1)
section 9(1) (twice)	section 20(1) (twice)
section 9(2)(a)	section 20(1)(c)
section 9(2)(a)(i)	section 21(1)(c)

Rights in Water and Irrigation Amendment Act 2000

Part 2	Amendments relating to the long title, definitions and other
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section 10(1)	section 21(1)
section 15(1), (2) and (4)(b)	section 22(1)(a)(i) and (ii) section 25(1) and (4)
section 16(1)(a)	section 26H(1)
section 16(2) (twice)	section 26J(1) and (2)
section 17(1) (twice)	section 39C

16. Section 70 amended

Section 70 is amended by inserting after “Act,” —

“ shall be guilty of an offence and ”.

Rights in Water and Irrigation Amendment Act 2000

Amendments relating to water rights	Part 3
s. 17

Part 3 — Amendments relating to water rights

17. Heading to Part III amended

The heading to Part III is amended by deleting “WATERS” and

inserting instead —

“ Water Resources ”.

18. Division 1A inserted in Part III

After Division 1 the following Division is inserted —

“

Division 1A — Ownership and control of waters

5A.

Natural waters vest in Crown

The right to the use and flow, and to the control, of the

water at any time in any —

(a) watercourse;

(b) wetland; or

vests in the Crown except as appropriated under this

Act or another written law.

5B.

Saving for works

(1)	The operation of section 5A does not prevent the owner or occupier of land —

(a)	subject to any relevant local by-laws, from —

(i) draining the land; or

(ii) making any dam or tank on the land, not on a watercourse or wetland,

if as a result of doing so —

(iii) the flow of water in a watercourse, or the amount of water in a wetland, is not diminished; or

Rights in Water and Irrigation Amendment Act 2000

Part 3	Amendments relating to water rights
s. 18

(iv) there is no significant adverse effect on the quality of water, or any ecosystem, in a watercourse, or a wetland; or

(b)	on a watercourse or wetland, for watering cattle

from making any dam or tank on the land, not under intensive conditions as defined in section 21(4).

(2)	In subsection (1) —
“diminished” means —

(a)	sensibly diminished; or
(b)	if local by-laws prescribe a greater diminution of the flow or amount of water for the purposes of this section, diminished to a greater extent than is so prescribed.

5C.

Unauthorized taking of water prohibited

(1)	A person must not —

(a)	take water from any watercourse, wetland or underground water source to which this section applies; or
(b)

cause or permit any of those things to be done, except under and in accordance with —

(c)	a right conferred by —

(i) section 9, 10, 20, 21, 22 or 25A;

(ii) a local by-law of the kind referred to in section 26L(3)(d); or

(iii) another written law;

(d)	a licence under this section granted by the Commission in accordance with Schedule 1.

Penalty: $10 000 and a daily penalty of $1 000.

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Amendments relating to water rights	Part 3
s. 18

(2)	This section applies to —

(a)	a watercourse or wetland to which Division 1B applies;
(b)	a watercourse or wetland to which Division 2 applies if it is —

(i) prescribed by the regulations to be subject to the operation of this section; or

(ii) situated within an area that is so prescribed;

(c)	any artesian underground water; and
(d)	any other underground water if it is —

(i) in a proclaimed area under section 26B; or

(ii) in an area that is prescribed by the regulations for the purposes of section 26B(3a).

(3)	Schedule 1 has effect to make provision for and in relation to the licences referred to in subsection(1)(d).

5D.	Rights cannot be acquired by length of use
A right —

(a)	to take and divert water;
(b)	to the diversion of water; or

(c)

cannot be acquired by any person, by length of time of

use or otherwise, except under this Act or any other

written law.

to the exclusive use of water,

5E.

Civil remedy where unlawful taking of water or

degradation of water resource

(1)	Subsection (2) applies if —

(a)	a person contravenes section 5C and

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the contravention affects —

(i) the exercise by a person of a right referred to in section 5C(1)(c); or

(ii) the taking of water by a person under a licence under section 5C; or

(b)	a person taking or using water from a water resource does not take all reasonable steps to minimise the degradation of the water resource.

(2)	The contravention is a breach of statutory duty that is actionable at the suit of —

(a)	in respect of subsection (1)(a), a person referred to in subsection (1)(a)(i) or (ii); or
(b)	in respect of subsection (1)(b), a person directly affected by the degradation of the water resource referred to in that subsection.

(3)	Subsection (2) has effect subject to the defences and other incidents applying to actions for breach of statutory duty.

”.

19. Heading to Division 1 of Part III amended

The heading to Division 1 of Part III is amended by deleting

“Division 1” and inserting instead —

“ Division 1B ”.

20. Section 6 amended

(1)

Section 6(1) is repealed.

(2)

Section 6(2) is amended by deleting “subsection (1)” and

inserting instead —

“ section 5 ”.

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(3)	Section 6(4) is repealed and the following subsection is inserted instead —

“

(4)	A proclamation under subsection (3) shall not be made unless —

(a)	the Commission has given notice of the proposed proclamation —

(i)

to each interested local government, and

(ii)	committee established under

to each water resources management to which the proclamation is intended to apply;

(b)	the local governments and water resources management committees have been given the opportunity to make submissions on the proposal to the Commission;
(c)

the Commission has called for public comment subsection (6); and

(d)	the Commission has considered any submissions made under this section and given a report on them to the Minister.

”.

(4)	After section 6(5) the following subsections are inserted —

“

(6)	The Commission is taken to comply with subsection (4)(c) by —

(a)	publishing in 2 issues of a daily newspaper circulating in the locality concerned a notice

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stating the proposal to make the proclamation;

and

(b)	including in the notice a statement —

(i) specifying the places at which a copy of the proposed proclamation may be inspected or obtained;

(ii) indicating that written submissions on the proposed proclamation may be made by any person within a specified period; and

(iii) showing the address to which submissions may be delivered or posted.

(7)	The period specified under subsection (6)(b)(ii) is to be not less than 30 days after both of the notices referred to in paragraph (a) of that subsection have been published.

”.

21. Section 8 repealed

Section 8 is repealed.

22. Section 9 amended

(1)	Section 9(1) is amended as follows:

(a)	by deleting paragraph (b) and inserting instead —

“

(b)	for watering cattle or other stock, other than those being raised under intensive conditions as defined in section 21(4),

”;

(b)	by inserting after “extent” —

“ and from which no produce is sold ”.

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(2)	Section 9(3) and (4) are repealed and the following subsection is inserted instead —

“

(3)	This section has effect subject to Division 3A.

”.

23. Section 10 amended

(1)	Section 10(1) is amended as follows:

(a)	by inserting after “stock” —

“

, other than those being raised under intensive

conditions as defined in section 21(4),

”;

(b)	by inserting after “reserve” —

“ at the point at which the water is taken ”.

(2)

Section 10(2) is repealed and the following subsection is

inserted instead —

“ (2)

This section has effect subject to Division 3A. ”.

24. Section 11 replaced

Section 11 is repealed and the following section inserted

instead —

“

11. Works for purposes of section 10

(1)	Section 10 does not authorize a person for the purpose of taking water under that section —

(a)	to do anything, or install any works or object, that causes obstruction of or interference to a watercourse or wetland or its bed or banks,

unless the person holds a permit granted by the Commission authorizing the person to do so; or

(b)	to do anything, or install any works or object, that causes obstruction or disturbance of or

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interference with a road or reserve, unless the

person is authorized to do so by the body in

which the control and management of the road

or reserve is vested.

(2)	The regulations may make provision for the permits referred to in subsection (1)(a), including provision for the matters set out in section 27B.

”.

25. Section 12 repealed

Section 12 is repealed.

26. Section 13 repealed

Section 13 is repealed.

27. Section 19 amended

(1)	Section 19(1) is amended as follows:

(a)	by deleting “subsection (2)” and inserting instead —

“ section 5 ”;

(b)	by deleting “Division 1” and inserting instead —

“ Division 1B ”.

(2)	Section 19(2) is repealed.

28. Section 20 amended

(1)	Section 20(1) is amended as follows:

(a)	by inserting after “occupier of any land” —

“ (“riparian land”) ”;

(b)	in paragraph (b) by inserting after “stock” — “

, other than those being raised under intensive

conditions as defined in section 21(4)

”;

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(c)	by deleting the passage from “thereby sensibly diminished” to the end of the subsection and inserting instead —
“

thereby sensibly diminished, for any other

purpose,

but the right described in paragraph (c) may be made

inapplicable to, or be restricted in relation to, any

riparian land by the provisions of local by-laws that

apply to the land, and that paragraph is to be read

subject to any such provisions.

”.

(2)	Section 20(2) is repealed and the following subsections are inserted instead —

“

(2)	Every owner of riparian land that was —

(a)	alienated from the Crown before the commencement of this Act; or
(b)	in the process of alienation at that commencement,

has the right, in addition to the rights conferred by

subsection (1), to take water described in that subsection

for the irrigation of a garden not exceeding 2 hectares if

no produce is sold from the garden and the garden —

(c)	is part of that land; and
(d)	is used in connection with a dwelling.

(3)	The owner of riparian land also has the right conferred by subsection (2) in relation to a watercourse or wetland where, although paragraph (a) or (b) of that subsection does not apply —

(a)	Division 1B has ceased to apply to the watercourse or wetland; and

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(b)	immediately before that cessation a right of the kind described in subsection (2), in relation to that watercourse or wetland, was appurtenant to the land by virtue of section 9(1).

(4)

The operation of this section does not prevent the

owner or occupier of land from making any dam or

tank on the land as long as the owner or occupier is

taking water in accordance with this section.

(5)

This section has effect subject to Division 3A.

”.

29. Section 21 amended

(1)	Section 21(1) is amended as follows:

(a)

after paragraph (a) the following paragraph is inserted —

“ (aa)

for firefighting; ”;

(b)

in paragraph (b) by inserting after “stock” — “

other than those being raised under intensive

conditions

”;

(c)	in paragraph (c) by inserting before “to the” —

“ subject to subsection (2), ”;

(d)	by deleting “reserve” and inserting instead —

“

by a reserve for public access at the point where the

water is taken

”.

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(2)	Section 21(2) is repealed and the following subsections are inserted instead —

“

(2)	The right described in subsection (1)(c) may be made inapplicable to, or be restricted in relation to, any watercourse or wetland by the provisions of local by-laws that apply to that watercourse or wetland, and that paragraph is to be read subject to any such provisions.
(3)	Subsection (1) has effect subject to Division 3A.
(4)	In subsection (1)(b) —
“intensive conditions” means conditions in which the

cattle or stock —

(a)	are confined to an area smaller than that required for grazing under normal conditions; and
(b)	are usually fed by hand or by mechanical means.

”.

30. Section 21A inserted

After section 21 the following section is inserted —

“

21A.

Works for purposes of section 21

(1)	Section 21 does not authorize a person for the purpose of taking water under that section —

(a)	to do anything, or install any works or object, that causes obstruction of or interference to a watercourse or wetland or its bed or banks,

unless the person holds a permit granted by the Commission authorizing the person to do so; or

(b)	to do anything, or install any works or object, that causes obstruction or disturbance of or interference with a road or reserve, unless the

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person is authorized to do so by the body in

which the control and management of the road

or reserve is vested.

(2)	The regulations may make provision for the permits referred to in subsection (1)(a), including provision for the matters set out in section 27B.

”.

31. Section 22 amended

(1)	Section 22(1)(a)(i) is amended by inserting after “Division” the following — “

or is not taking all reasonable steps to minimise the

degradation of the watercourse or wetland

”.

(2)	Section 22(2) is repealed and the following subsections are inserted instead —

“

(2)	A direction given by the Commission under subsection (1) —

(a)	is to contain reasons for the direction; and
(b)	may be varied or cancelled by the Commission by subsequent notice in writing.

(2a)	Clause 7(2) of Schedule 1 applies, with all necessary changes, when the Commission is considering whether to give or make, or is determining the contents of —

(a)	any direction under subsection (1) as to the diversion, taking or use of water otherwise than in the exercise of a right referred to in that subsection; or

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any variation of such a direction, or is considering whether to cancel any such direction.

(b)

”.

(3)	Section 22(4) is amended by inserting after “of the notice” —
“ or such shorter time as is specified in the notice ”.

32. Section 24 amended

Section 24 is amended by inserting after “section 22” —

“

or authorized by a licence under section 5C or by a

local by-law

”.

33. Section 26 repealed and sections 25A and 26 inserted

Section 26 is repealed and the following sections are inserted

instead —

“

25A.

Rights to take water from non-artesian wells in

prescribed areas

(1)	This section applies to any non-artesian well in an area that is prescribed as mentioned in section 26B(3a), but subject to the provisions of —

(a)	any local by-law referred to in section 26; and

(b) any other written law,

that are applicable to that well.

(2)	A person may take water from a non-artesian well to which this section applies and to which the person has lawful access —

(a)	for domestic and ordinary use;

(b) for firefighting;

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(c)	for watering cattle or other stock, other than those being raised under intensive conditions as defined in section 21(4); and
(d)	for any other purpose that is prescribed by a local by-law referred to in subsection (1).

(3)	The right conferred by subsection (2) does not include authority to install any works or object on the land concerned.

26. Local by-laws for section 25A

Local by-laws may be made for the regulation and

control of the taking of water under subsection (2) of

section 25A, and may include a prohibition in

particular circumstances on the taking of water for a

purpose mentioned in that subsection.

”.

34. Section 26A amended

Section 26A(1) is amended by deleting “, alter, or draw water

from” and inserting instead —

“ or alter ”.

35. Section 26B amended

(1)	Section 26B(3), (4) and (5) are repealed and the following subsections are inserted instead —

“

(3)	A person must not —

(a)	commence, construct, enlarge, deepen or alter any non-artesian well that is situate in a proclaimed area; or
(b)	cause, suffer or permit any of those things to be done,

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unless one of the following applies —

(c)	the person does so under and in accordance with a licence under section 26D;
(d)	the well is in an area specified in an order under section 26C(2) and is used, or to be used, for a purpose allowed by that order;
(e)	an exemption or exclusion contained in local by-laws referred to in section 26L(3)(c) applies; or
(f)	the work is allowed by subsection (4)(d).

(3a)	Subsection (3) also applies to —

(a) all wells; or

(b)	all wells of a class prescribed by the regulations,

that are not situated in a proclaimed area but are

situated in an area that is prescribed by the regulations

to be subject to the operation of that subsection.

(4)	Where any work required by this section to be the subject of a licence has been commenced and is not completed at the time when —

a proclamation made under subsection (1); or come into operation, the occupier of the land on which the work was commenced —	(b)	regulations referred to in subsection (3a),
(c)
must, within 2 months after that coming into section 26D for that work; and
(d)	may continue the work during that period and until the application is finally determined whether by the Commission or on appeal under section 26GI.

(a)

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(5)	Subject to section 26C, where an existing non-artesian well is, by operation of —

(a)	a proclamation made under subsection (1) brought into a proclaimed area; or
(b)	regulations referred to in subsection (3a) brought under the operation of subsection (3),

the occupier of the land on which the well is

situated —

(c)

must, within 2 months after the proclamation or regulations come into operation, apply for a licence under section 5C to take water from that well; and

(d)

without a licence during that period and until

the application is finally determined whether by

may continue to take water from the well section 26GI.

”.

(2)

Section 26B(6) is amended by deleting “not authorized by a

licence issued under section 26D” and inserting instead —

“ prohibited by that subsection ”.

36. Section 26C amended

(1)	Section 26C(2) is amended as follows:

(a)	by inserting after “declare that sections” —

“ 5C and ”;

(b)	by inserting after “non-artesian well” —

“ , or a type or types of non-artesian wells, ”;

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(c)	by deleting from “drawing” to the end of the subsection and inserting instead —

“

taking of water and an Order published under this subsection shall have effect according to its tenor.

”.

(2)	After section 26C(3) the following subsection is inserted —

“

(3a)	Clause 7(2) of Schedule 1 applies, with all necessary changes, when the Governor is considering whether to make, or is determining the contents of —

any order under subsection (1); or or is considering whether to cancel any such order.

(b)

any variation of such an order,

(a)

”.

(3)	Section 26C(4) is amended as follows:

(a)	in paragraph (a) by inserting after “contravene section” —

“ 5C or ”;

(b)	in paragraph (c) by deleting “drawing” and inserting instead —

“ taking ”.

37. Section 26D amended

Section 26D(1) is amended by deleting “, or the drawing of

water from,”.

38. Section 26F amended

Section 26F(1) is amended by deleting “nor shall the water from the well be used for purposes other than those authorized by the licence”.

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39. Section 26G amended

(1)	Section 26G(1) is amended —

(a)	by deleting “drawn” and inserting instead —

“ taken ”;

(b)	by inserting after paragraph (b) the following paragraph —

“

(ba)	is being taken or used without all reasonable steps being taken to minimise the degradation of the water resource

”; and

(c)	by inserting after “(b),” the following —

“ (ba), ”.

(2)	Section 26G(2) is amended as follows:

(a)	by deleting “drawn” in both places where it appears and inserting instead —

“ taken ”;

(b)	by deleting “of draw, for” and inserting instead —

“ at which it may be taken, from ”;

(c)	by deleting “draws water from” and inserting instead —

“ relates to ”.

(3)	After section 26G(2) the following subsections are inserted —

“

(2a)	A notice served on a person under this section —

(a)	is to contain reasons for the direction; and
(b)	takes effect —

(i) when it is served; or

(ii) at the later time provided for in the notice.

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(2b)	The Commission may at any time revoke or vary a notice by further notice served on the person concerned.

”.

40. Division 3A inserted in Part III

After Division 3 of Part III the following Division is inserted —

“

Division 3A — Limitations on rights conferred by and

under Divisions 1B, 2 and 3

Subdivision 1 — Limitations where water is augmented

26GA.

Rights under sections 9, 10, 20 and 21 do not extend

to augmented volume of water

(1)	Where the volume of water in any watercourse or wetland is augmented by the introduction of water by works constructed for that purpose, the rights conferred by sections 9, 10, 20 and 21 to take water in that watercourse or wetland —

(a)	are subject to the limitations set out in subsection (2); and
(b)	may be exercised only in accordance with that subsection and the regulations.

(2)	A person is not entitled by section 9, 10, 20 or 21 to take any more of the water of the watercourse or wetland concerned than —

(a)	the amount prescribed by local by-laws; or
(b)	if paragraph (a) does not apply, the amount calculated in accordance with subsection (3).

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(3)	The amount for the purposes of subsection (2)(b) is —

(a)	the aggregate of —

(i) 14 kilolitres per day for —

(I)	domestic and ordinary use; and
(II)

watering cattle or other stock,

in respect of every kilometre of frontage

measured by the general course to the

watercourse or wetland; and

(ii) where section 9 or 20 applies, 8 500 cubic metres per annum for the irrigation of a garden as mentioned in those sections;

(b)	the amount of water that would be available to the person and to which the person would be so entitled but for the augmentation referred to in

subsection (1),

whichever is the lesser.

(4)	Local by-laws may, for particular cases or classes of cases, specify the amount of water to which subsection (3)(b) refers, and any such specification is conclusive as to that amount.

Subdivision 2 — Limitations imposed by direction

26GB. Definition

In this Subdivision —

“water resource” means a watercourse, wetland or

underground water source to which section 26GC

applies.

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26GC.

Commission may give directions

(1)	Where this section applies to a water resource, the Commission may by notice in writing served on a person give directions to the person —

(a) restricting —

(i) the amount of water that the person may take from the water resource;

(ii) the rate at which the water may be taken by the person from the water resource; or

(iii) the purpose for which the water taken from the water resource may be used by the person;

(b) prohibiting —

(i) the taking of water by the person from the water resource; or

(ii) the purpose for which water taken from the water resource by the person may be used;

in contravention of the directions given to the person in

the notice.

imposing on the person obligations in terms of paragraphs (a) and (b).

(c)

(2)	A person on whom a notice is served under subsection (1) must not —

(a)	take or use water; or
(b)	cause or permit water to be taken or used,

Penalty: $4 000 and a daily penalty of $400.

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(3)	A notice served on a person under subsection (1) —

(a)	is to contain reasons for the direction; and

(b) takes effect —	(i)	when it is served; or
(ii)	at the later time provided for in the notice.

(4)	The Commission may at any time revoke or vary a notice by further notice served on the person concerned.

26GD.

When section 26GC applies

(1)	Section 26GC applies to a watercourse, wetland or underground water source if the Commission —

(a)	has made a determination that the quantity of water in the water resource is, or is likely to be, insufficient to meet demand, including any demand made by the needs of the environment; or
(b)	has made, and published in the Gazette, an order declaring that a water shortage exists in the area in which the water resource is situated,

and so long as any such determination or order has not

been revoked.

(2)	Section 26GC also applies so as to enable the Commission to give directions to a person who is taking water from a water resource if in the opinion of the Commission the taking of the water is having a harmful effect on the water resource or the water being taken —

(a) is being improperly used;

(b) is being wasted;

(c)	is having a harmful effect; or
(d)	is not being used to the best advantage.

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26GE.

Further provisions as to orders and determinations

(1)

An order may only be made under section 26GD(1)(b) in respect of an area if the Commission considers that the water available in the area is, or is likely to be,

insufficient to meet the demands for which it is

managed as described in section 4(1)(a).

(2)

The Commission must —

(a) revoke a determination under section 26GD(1)(a); and

(b)	by order published in the Gazette, revoke an order under section 26GD(1)(b),

as soon as it is satisfied that an insufficiency of the

kind referred to in subsection (1)(a) of that section or in

subsection (1) of this section, as the case may be, no

longer exists in relation to the water resource or area

concerned.

(3)	On the revocation of a determination or order in relation to a water resource or area any notice served on a person under section 26GC that applies to that water resource, or a water resource in that area, ceases to have effect.

26GF.

Directions override other rights

(1)	Where a notice is served on a person under section 26GC, any right that the person has —

(a)	under section 9, 10, 20, 21 or 22;
(b)	under the regulations or a local by-law; or

(c)

is displaced by, or has effect subject to, the provisions

of the notice so long as it continues in force.

by virtue of a licence under section 5C,

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(2)	If a direction given under section 26GC is inconsistent with a direction given under section 22 or 26G —

(a)	the direction under section 26GC prevails to the extent of the inconsistency; and
(b)	to that extent the other direction does not have effect.

”.

41. Section 26H amended

Section 26H(1) is amended by deleting “drawing” and inserting

instead —

“ taking ”.

42. Section 27 amended

(1)	Section 27(1)(b), (c) and (d) are deleted.
(2)	Section 27(1)(g) is amended by inserting after “licences” —
“ under section 26D ”.

43. Section 28 amended

Section 28 is amended as follows:

(a)	after paragraph (1)(e) by deleting the semi-colon and inserting a full stop;
(b)	by deleting paragraph (1)(f); and
(c)	by repealing subsection (3).

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Part 4 — Amendments relating to local by-laws, water

resources management committees and plans for the

management of water resources

44. Divisions 3C and 3D inserted in Part III

After Division 3B of Part III, as inserted by section 65, the

following Divisions are inserted —

“

Division 3C — Local water resources management

committees

26GK. Establishment of committees

(1)	The Minister may determine that a water resources management committee (a “committee”) is to be established for any locality or area of the State.
(2)	Subject to an order made under subsection (4), a committee may from time to time appoint, discharge or alter, subcommittees of members of the committee, or members and other persons, as it thinks fit to advise it on any matter within the functions of the committee, particularly a matter of localized interest.
(3)	A subcommittee is to be presided over by a member of the committee and sections 26GL(3), 26GN, 26GO, 26GR and 26GS apply in respect of a subcommittee as if a reference in those sections to “committee” were a reference to “subcommittee”.
(4)	Where subsection (1) applies, the Minister must, subject to section 26GL, by order prescribe —

(a)	the locality or area for which the committee is established;
(b)	the name of the committee;

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(c)	the manner in which the committee is to be appointed; and
(d)	any other provisions the Minister thinks fit relating to subcommittees or the committee’s membership, constitution and procedures, including providing that the terms of members’ appointments are to vary, so that the terms of all members do not expire simultaneously.

(5)

The Minister may at any time by further order amend

or revoke an order made under this section.

(6)

An order made under this section is to be published in

the Gazette for public information.

26GL.

Certain requirements for orders under section 26GK

(1)	An order made under section 26GK must make provision for the members of a committee, so far as is practicable, to be drawn —

(a)	substantially from persons who —

(i) are residents of; or

employed in, or operate, a business in,

the locality or area for which the committee is

established; and

(ii)

(b)	from persons who —

(i) are representatives of a local government;

(ii) are officers of public authorities having functions in the locality or area;

(iii) have knowledge and experience relating to the water needs and practices of local communities, including Aboriginal

communities; or

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(iv)	management of the Commission, or

are members of the board of Water and Rivers Commission Act 1995.

(2)	An order made under section 26GK must also make provision for the members of a committee, so far as is practicable and, with respect to the functions of the committee, relevant, to be collectively persons who have knowledge of and experience in the following —

(a)	the management or development of water resources or other natural resources;
(b)	the use of water resources;

(d) local government.

(3)

If the functions of a committee relate mainly to the use

of water resources, persons who are users of those

resources are, as far as is practicable, to form a

majority of committee members.

(4)

An order made under section 26GK must make

provision for notice of appointments to a committee to

be published in the Gazette for public information.

26GM. Functions of committees

(1)	The functions of a committee are, in respect of the locality or area for which it is established —

(a)	to provide the Commission with —

(i) assistance; and

(ii) advice,

on matters relating to the functions of the

Commission to the extent that the Commission

asks the committee to do so;

(b)	to perform the functions given to it —

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(i) by section 26N(2), in respect of local by-laws; and

(ii) by section 26GZ, in respect of a plan under Division 3D;

(c)

to perform any function of the Commission that under section 26GP;

(d)	to ensure that the Commission is informed of, and has access to, community views on matters relating to water resources; and
(e)	to assist the Commission in the resolution of disputes about the use of water resources involving persons having rights under this Act or persons affected by the exercise of those rights.

(2)	A committee in performing its functions is subject to the direction and control of the Commission.

26GN.

Particular duties of members

(1)

A member of a committee must at all times act

honestly and diligently in performing the member’s

functions under this Act.

(2)

If a matter is before a meeting of a committee for

consideration and a member present at the meeting has

a direct or indirect pecuniary interest in the matter, the

member must disclose to the other members present at

the meeting, as soon as possible after the relevant facts

have come to the member’s knowledge, that he or she

has an interest, and —

(a)	the disclosure is to be recorded in the minutes of the meeting; and
(b)	the member must not subsequently be present during any consideration or discussion of, and

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is not to vote on any determination of, the

matter.

(3)

An interest need not be disclosed under subsection (2)

if it is an interest common to a significant number of

residents of the locality or area for which the

committee is established.

(4)

Subsection (2)(b) does not apply if the committee has, without the presence of the member who has disclosed the interest, at any time passed a resolution that —

(a)	specifies the member, the interest and the matter; and
(b)	states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

(5)	A member of a committee must not disclose any information acquired by virtue of the performance of any function under this Act unless the disclosure is made in connection with the carrying out of this Act or under a legal duty.
(6)	A member of a committee must not make use of any information acquired by virtue of the performance of the member’s functions to gain, directly or indirectly, an improper advantage for the member or to cause
detriment to any person.
(7)	A member of a committee who commits a breach of any provision of this section —

(a)	is liable to the Crown for any profit made by the member as a result of the breach of that provision; and
(b)	commits an offence and is liable to a fine of $10 000.

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(8)	This section is in addition to and not in derogation of any other law relating to the duty or liability of the holder of a public office.

26GO. Procedure

Subject to this Division, a committee is to determine its

own procedure.

26GP. Delegation

(1)	The Commission may, by instrument in writing, delegate to a committee the performance of any function conferred on the Commission by this Act,
other than this power of delegation.
(2)	A function performed by a committee as delegate of the Commission is to be taken to be performed by the Commission.
(3)	A committee performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

26GQ.

Commission to provide support

The Commission is to provide a committee with

such —

(a) administrative support; and

(b) facilities,

as it reasonably requires for the performance of its

functions.

26GR. Remuneration

Members of a committee are entitled to such remuneration and allowances as the Minister determines on the recommendation of the Minister for

Public Sector Management.

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26GS.

Protection from liability

(1)	An action in tort does not lie against a member of a committee for anything that the member has, in good faith, done in the performance or purported performance of a function under this Act.
(2)	The protection given by this section applies even though the thing done in the performance or purported performance of a function of a committee may have been capable of being done whether or not this Act had been enacted.
(3)	Despite subsection (1), neither the Commission nor the State is relieved of any liability that it might have for a member of a committee having done anything as
described in that subsection.
(4)	In this section, a reference to the doing of anything includes a reference to the omission to do anything.

26GT.

Execution of documents by committee

(1)

A committee may, by resolution in writing, authorize a

member or members of the committee to sign

documents on behalf of the committee, either generally

or subject to such conditions or restrictions as are

specified in the resolution.

(2)

A document is duly executed by a committee if it is

signed on behalf of the committee by a person or

persons authorized to do so under subsection (1).

(3)

A document purporting to be executed on behalf of a

committee is to be presumed to be duly executed until

the contrary is shown.

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Division 3D — Plans for management of

water resources

Subdivision 1 — Plans and their contents

26GU.

Preparation of plans

(1)	A plan for the purposes of this Act —

(a)	is to be prepared by the Commission if the Minister directs the Commission to do so; and
(b)	may be prepared by the Commission if in the opinion of the Commission it is desirable to do so.

(2)	A plan does not have effect unless it is approved under section 26GZE after the requirements of Subdivision 2 have been complied with.

26GV. Classification of plans

(1)	A plan may be —

(a) a regional management plan;

(b)	a sub-regional management plan; or
(c)	a local area management plan.

(2)

A regional management plan, a sub-regional

management plan and a local area management plan

may relate to more than one region, sub-region and

local area respectively.

(3)

A regional management plan, sub-regional

management plans for that region and local area

management plans for the areas in that region may be

combined in one document.

26GW.

Purposes of regional management plans

(1)	A regional management plan must indicate the region to which it applies.

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(2)	The purpose of a regional management plan is to set out the matters that are to guide the general management by the Commission of water resources in the region to which it applies, in relation to —

(a)	the definition of water resource values, including environmental values, and the protection of those values;
(b)	the use of water resources; and
(c)	the integration of water resources planning and management with land use planning and management.

(3)	A regional management plan is to specify the monitoring and reporting (which is to occur at least once in every 7 years) to be carried out by the Commission to ensure, as far as is practicable, that the objects of this Part are achieved in the implementation of the plan.

26GX.

Purposes of sub-regional management plans

(1)

A sub-regional management plan must indicate the part

of a region to which it applies.

(2)

The purpose of a sub-regional management plan is to

set out particular matters that are to guide the

management by the Commission of water resources in

the sub-region to which it applies, including —

(a)	how the investigation and development of water resources are to be facilitated by the Commission;
(b)	how rights in respect of water are to be allocated to meet various needs, including the needs of the environment;

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(c)	the matters of sub-regional significance that, consistently with this Act, will be taken into account by the Commission in considering —

(i) applications for licences made under Division 2 of Schedule 1;

(ii) the exercise of powers to renew, amend, suspend and cancel licences under Divisions 5 and 6 of that Schedule; and

(iii)

applications for the Commission’s

approval of transfers of licences and

water entitlements, and of agreements,

made under Division 7 of that Schedule;

(d)	the Commission’s assessment of —

(i) the capacity of water sources to provide water at sustainable levels of use; and

(ii) the environmental impact of developing those sources;

and

(e)	the strategies that will be adopted or developed to implement the plan.

(3)

A sub-regional management plan is to specify the

monitoring and reporting (which is to occur at least

once in every 7 years) to be carried out by the

Commission to ensure, as far as is practicable, that the

objects of this Part are achieved in the implementation

of the plan.

(4)

A sub-regional management plan must not be

inconsistent with the relevant regional management

plan.

26GY.

Purposes of local area management plans

(1)	A local area management plan must indicate the area or areas in the relevant sub-region to which it applies.

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(2)	The purpose of a local area management plan is to set out particular matters that are to guide the management by the Commission of water resources in the area or areas to which it applies, including —

(a)	how rights in respect of water are to be allocated, and water may be taken and used, to meet various needs including the needs of the environment;
(b)	the matters that, consistently with this Act, will be taken into account by the Commission in considering —

(i) applications for licences made under Division 2 of Schedule 1;

(ii) the exercise of powers to renew, amend, suspend and cancel licences under Divisions 5 and 6 of that Schedule; and

(iii)

applications for the Commission’s

approval of transfers of licences and

water entitlements, and of agreements,

made under Division 7 of that Schedule;

and

(c)	the nature and extent of the delegated authority that will be conferred on a relevant water resources management committee under section 26GP, and the conditions and restrictions that will apply to the exercise of that authority.

(3)	A local area management plan is to specify the monitoring and reporting (which is to occur at least once in every 7 years) to be carried out by the Commission to ensure, as far as is practicable, that the objects of this Part are achieved in the implementation of the plan.

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(4)	A local area management plan must not be inconsistent with the relevant regional management plan and sub-regional management plan.

26GZ.

Consultation with water resources management

committees

A plan, or an amendment to a plan, may only be —

(a) prepared;

(b)	modified under section 26GZC(3)(a) or 26GZD; or
(c)	revoked and a new plan substituted for it under section 26GZG,

after consultation with any water resources

management committee under Division 3C that is in

existence for the region, sub-region or area to which

the plan relates.

Subdivision 2 — Public consultation and approval of plans

26GZA. Plan to be publicly notified

(1)

Public notification that a proposed plan has been

prepared must be given in accordance with

subsections (2) and (3).

(2)

A notice complying with subsection (3) must be

published —

(a) in the Gazette; and

(b)	in 2 issues of a daily newspaper circulating throughout the State.

(3)	The notice must —

(a)	specify the region, sub-region or area to which the plan relates;
(b)	describe in general terms the purpose for which the plan is to be made;

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(c)	specify the places at which —

(i) a copy of the plan may be inspected; and

(ii) copies of the plan may be obtained;

and

(d)	state the effect of section 26GZB and specify the period and the address or addresses referred to in that section.

26GZB. Public submissions

Written submissions on the proposed plan may be

made by any body or person —

(a)	which period must be not less than 2 months

within a period determined by the Commission, section 26GZA is published in the Gazette; and

(b)	by delivering or posting them, so that they are received within that period at an address designated by the Commission.

26GZC. Referral of plan to other bodies

(1)	If in the opinion of the Commission the proposed plan may affect the functions of a body that is responsible for the planning for, or management of, a natural resource, the Commission must submit the proposed plan to that body.

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(2)

The Commission may submit the proposed plan to any

other body or person it thinks appropriate.

(3)

A plan submitted under subsection (1) or (2) —

(a)	is to be as it may be modified by the Commission after considering submissions made under section 26GZB; and
(b)	in any case is to be accompanied by a summary of those submissions.

(4)	If any such body or person considers that the Commission should amend the plan, it may within one month after receipt of the proposed plan under subsection (1) or (2), in writing, request the Commission to make the amendment.

26GZD. Modification of plan

The Commission may modify the proposed plan as it

thinks fit to give effect to —

(a)	submissions made under section 26GZB; and
(b)	any request under section 26GZC(4).

26GZE. Approval of plan

(1)

The Commission must, except where subsection (4)

applies, submit the proposed plan, modified as it thinks

fit under section 26GZD, to the Minister for approval.

(2)

The plan as so submitted must be accompanied by —

(a)	a summary of all submissions made under section 26GZB and requests made under section 26GZC(4); and

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(b)	a report of the Commission indicating its opinion of the merits of those submissions and requests.

(3)

The Minister may approve the proposed plan, or

approve it with such modifications as the Minister

thinks fit.

(4)

The Minister may by instrument delegate to the

Commission the exercise of the powers vested in the

Minister by subsection (3) in relation to —

(a)	all plans to which this Division applies; or
(b)	any particular class or description of plans.

(5)	Anything done by the Commission under such a delegation is to be taken to have been done by the Minister.

26GZF. Notice and commencement

(1)	Notice that a plan has been approved must be published in the Gazette, together with a note showing —

(a)	whether any modifications were made under section 26GZE(3); and
(b)	where a copy of the plan may be inspected or obtained.

(2)	A plan has effect from —

(a)	the day of publication in the Gazette of a notice under subsection (1); or
(b)	such later day as is specified in the plan.

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26GZG. Review, revocation, amendment and correction of

plan

(1)

A plan may be amended, or revoked and a new plan

substituted for it, subject to compliance with

sections 26GZA to 26GZF which are to apply with all

necessary changes.

(2)

Without limiting when action may be taken under

subsection (1), the Commission, within 7 years from

the day —

“ $10 000 and a daily penalty of $1 000. ”.

60. Section 26B amended

Section 26B(6) is amended by deleting the passage from “$2 000 and,” to the end of the subsection and inserting instead —

“ $10 000 and a daily penalty of $1 000. ”.

61. Section 26D amended

Section 26D(4) and (5) are repealed.

62. Section 26E amended

Section 26E(1) is amended, in the penalty provision at the foot

of the subsection, by deleting “$500” and inserting instead —

“ $1 000 ”.

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63. Section 26F amended

Section 26F(2) is amended by deleting “$2 000 and a further

penalty of $200 for each day during which the offence continues

after conviction” and inserting instead —

“ $10 000 and a daily penalty of $1 000 ”.

64. Section 26G amended

Section 26G(3) is amended by deleting the penalty provision at the foot of the subsection and inserting the following provision instead —

“ Penalty: $5 000 and a daily penalty of $500. ”.

65. Division 3B inserted in Part III

After Part III Division 3A, as inserted by section 40, the

following Division is inserted —

“

Division 3B — Appeals

26GG.

Appeals relating to licences to take water

(1)	A person referred to in subsection (2) may appeal under Schedule 2 if the person is aggrieved by a decision of the Commission under Schedule 1 —

(a)	to refuse an application for the grant or renewal of a licence under section 5C (“a licence”);
(b)	as to the period for which a licence is granted or renewed;
(c)	as to any term, condition or restriction included in a licence;
(d)	to undertake to grant a licence, including as to any term, condition, or restriction undertaken to be included in the licence;
(e)	to amend, suspend or cancel a licence; or

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An applicant for a licence under section 26D may

appeal under Schedule 2 if the person is aggrieved by a

decision of the Commission —

to refuse to approve the transfer of a licence or agreement referred to in clause 30 of Schedule 1.

(f)

(2)	A person may appeal under subsection (1) only if the person is an applicant for the licence, the licensee or, if the appeal is made under subsection (1)(f), a person to whom the licence or water entitlement would be transferred or a person who is a party to the agreement.

26GH.

Appeals relating to directions as to the taking of

water

(1)

A person given a direction, or variation of a direction,

under section 22, 26G or 26GC may appeal under

Schedule 2 if the person is aggrieved by the direction

or variation.

(2)

A person who requested compensation may appeal

under Schedule 2 if the person is aggrieved by a

decision of the Commission to refuse compensation

under clause 39(5)(b) or 6(b) or (c) of Schedule 1.

26GI.

Appeals relating to licences under Division 3

(a)	to refuse a licence under section 26D(2)(c);
(b)	as to any term, limitation or condition included in a licence under that section; or
(c)	to require alterations to be made as mentioned in section 26D(2)(b).

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26GJ.

Schedule 2 applies to appeals

An appeal under this Division is to be brought, dealt

with and determined in accordance with the provisions

of Schedule 2.

”.

66. Section 27 amended

Section 27 is amended as follows:

(a)	after paragraph (ga) by inserting —

“ and ”;

(b)	by deleting paragraph (h) and “and” after it.

67. Section 70 amended

Section 70 is amended by deleting “$1 000” and inserting

instead —

“ $5 000 ”.

68. Section 71 amended

Section 71 is amended by deleting “$2 000” and inserting

instead —

“ $10 000 ”.

69. Section 72 amended

Section 72 is amended by deleting “$2 000” and inserting

instead —

“ $10 000 ”.

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70. Schedule 2 added

After Schedule 1, added by section 52, the following Schedule

is added —

“

Schedule 2 — Appeal provisions

[s. 26GJ]

1. Definition

In this Schedule —

“appeal” means an appeal under Part III Division 3B;

“decision” means a decision, direction or variation of a

direction against which an appeal may be brought;

“tribunal” means a tribunal established under clause 5.

2. Bringing an appeal

(1)

A person who is entitled to bring an appeal against a

decision may do so by lodging a written notice of appeal

with the Minister within 21 days of being given notice of the

decision.

(2)

The Minister may accept a notice of appeal after the expiry

of the period of 21 days referred to in subclause (1) if the

Minister considers it would be equitable to do so.

(3)

An agent may bring an appeal on behalf of a person entitled

to bring the appeal, but the agent must, if required by the

Minister, satisfy the Minister of the agent’s authority.

3. Notice of appeal

A notice of appeal must —

(a)	state the name and address of the appellant;
(b)	set out or otherwise identify sufficiently the decision appealed against;
(c)	set out the grounds of the appeal and state briefly the facts on which the appellant relies; and

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(d)	indicate whether the appellant wishes the Minister to exercise the power conferred on the Minister by clause 4.

4. Decision may be suspended

The Minister may suspend the operation of the decision

appealed against during the period when the appeal is

pending, but otherwise the bringing of an appeal does not

affect the decision during that period.

5. Referral of appeals to tribunal

(1)	If a notice of appeal is lodged with the Minister under clause 2 the Minister, with as much speed as possible, is to —

(a)	establish a tribunal consisting of not less than one person and not more than 3 persons appointed by the Minister —

(i) from a panel of names submitted to the Minister in accordance with the regulations; and

(ii) who in the Minister’s opinion have suitable expertise to hear and determine the matter; and

(b)	refer the notice of appeal and any other relevant materials to the tribunal for the hearing of the matter.

(2)

Subject to subclause (3), the tribunal is to hear and

determine the matter and is to make such decision as it

thinks fit.

(3)

Before taking action under subclause (2), the tribunal may

appoint a person to assist the Commission and the appellant

to resolve the issues on which the appeal is brought with a

view to the appeal being withdrawn in whole or in part.

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(4)	The Minister may —

(a)	direct that any person who is appointed under subclause (1) or (3) is to be paid remuneration or allowances, or both; and
(b)	determine the amount of any such payments on the recommendation of the Minister for Public Sector Management.

(5)

A decision of the tribunal on an appeal is final and must be

given effect to by the Commission.

(6)

The tribunal is to give notice of the decision on an appeal

and of the reasons for the decision in writing, or in such

other manner as is prescribed, to —

(a)	the appellant;
(b)	the Commission; and
(c)	any water resources management committee established under Part III Division 3C for a locality to which the subject matter of the appeal relates.

6. Hearings

(1)

A tribunal may sit at such place and time as it considers

appropriate or the Minister directs.

(2)

The tribunal is to afford —

(a)	every person who has appealed; and
(b)	any other person who, in the tribunal’s opinion, should be given the opportunity to respond to any appeal,

a reasonable opportunity to call or give evidence and to

make submissions (whether written or oral) to the tribunal.

(3)	A person may appear before the tribunal personally or be represented by counsel or, with the leave of the tribunal, by any other person.

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(4)	The chief executive officer of the Commission, counsel for the Commission, or a person employed or engaged in the Commission and authorized by the chief executive officer to do so, may appear before the tribunal to represent the Commission.

7. Proceedings at hearing

(1)

The tribunal is to act according to equity and good

conscience and the substantial merits of the case without

regard to technicalities and legal forms and with as much

speed as possible.

(2)

The tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.

(3)

To the extent that it is not prescribed by the regulations the

tribunal is to determine its own procedure.

8. Case stated

(1)

If a question of law arises in proceedings before the tribunal, the tribunal may, in accordance with the rules of court, state a case for the opinion of the District Court upon the

question.

(2)

The District Court has jurisdiction to consider and determine

any case stated and to make such orders as it thinks fit with

regard to the case and to the costs of and incidental to the

consideration and determination of the case.

9. Costs

The tribunal may make such orders for costs as it thinks fit.

10. Tribunal may dismiss frivolous or vexatious appeals

The tribunal may dismiss any appeal if in the tribunal’s

opinion the appeal has been made frivolously, vexatiously

or for an improper purpose.

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11. Powers of tribunal

The tribunal may —

(a)	by summons require any person —

(i) to attend before the tribunal; or

(ii) to produce any document before the tribunal;

(b)	inspect any document produced before it, and retain it for such reasonable period as is required, and make copies of the document or any of its contents;
(c)	require any person to swear to answer truly any relevant question put to that person by the tribunal or any person appearing before the tribunal (and for that purpose may administer any oath or affirmation); or
(d)	require any person attending before the tribunal (whether that person has been summoned to appear or not) to answer any relevant question put to that person by the tribunal or any person appearing before the tribunal.

12. Offences

(1)	A person who —

(a)	having been served with a summons to attend before a tribunal, fails without reasonable excuse to attend in obedience to the summons;
(b)	having been served with a summons to produce before a tribunal any document, fails without reasonable excuse to comply with the summons;
(c)	misbehaves before a tribunal, wilfully insults a tribunal or a member of the tribunal, or interrupts the proceedings of a tribunal;
(d)	refuses or fails without reasonable excuse to swear, or to answer any question, when required to do so by a tribunal; or

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(e)	makes, before a tribunal, a statement that —

(i) the person knows to be false or misleading in a material particular; or

(ii) omits anything without which the statement is, to the person’s knowledge, misleading in a material particular,

commits an offence and is liable to a fine not exceeding

$2 000.

(2)

For the purposes of subclause (1)(d), it is not a reasonable

excuse for a person to refuse or fail to answer any question,

on the ground that the answer to the question might

incriminate the person or render the person liable to a

penalty.

(3)

Despite subclause (2), an answer given by a person pursuant

to a requirement under clause 11 is not admissible in

evidence against the person in any civil or criminal

proceedings other than proceedings for perjury or for an

offence against this clause.

13. Staff of tribunals

There are to be appointed under Part 3 of the Public Sector

Management Act 1994 such officers as are necessary to

assist tribunals to perform their functions under this Act.

14. Regulations relating to tribunals

(1)

The regulations may provide for any matter necessary or

convenient to give effect to this Schedule.

(2)

Without limiting subclause (1), the regulations may —

(a)	provide for the procedure for selecting a panel of names with relevant expertise for submission to the Minister under clause 5(1)(a)(i), including, but not limited to, the persons who are to select the panel, the number of persons in the panel, and the collective expertise of the panel;

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(b)	prescribe matters relating to the practice and procedure of tribunals;
(c)	provide for the enforcement of orders of tribunals; and
(d)	prescribe fees payable in respect of anything done under this Schedule.

”.

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s. 71

Part 8 — Transitional provisions

71. Definitions

In this Part, unless the contrary intention appears —

“principal Act” means the Rights in Water and Irrigation

Act 1914.

72. Interpretation Act 1984 not affected

The provisions of this Part do not affect the application of the

Interpretation Act 1984, so far as it is consistent with those

provisions, to the amendments made by this Act.

73. Appeals in progress

(1)

If —

(a)

before —

(i) the commencement of section 56 of this Act notice has been given to the Minister under section 14(1) of the principal Act;

(ii) the commencement of section 58 of this Act notice has been given to the Minister under section 23(1) of the principal Act; or

(iii) the commencement of section 61 of this Act notice has been given to the Minister under section 26D(4) of the principal Act;

but

(b)	the steps and procedures under section 14(2), 23(2) or 26D(5) of the principal Act, as the case may be, have not been completed,

the notice does not lapse on that commencement but the relevant repealed provision mentioned in paragraph (b) continues to have effect in respect of the notice as if the repeal

had not occurred.

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(2)	After the commencement of this Act but before regulations under Schedule 2 of the Principal Act regarding a panel of names from which a tribunal is to be appointed are made, an
appeal to which that Schedule applies —

(a)	if the appellant so agrees, is to be heard and determined as if clause 5(1)(a)(i) of that Schedule were deleted; or
(b)	if the appellant does not so agree, is to be heard and determined as soon as is practicable after those regulations are made.

74. Applications made for licences to take water

(1)	This clause applies to an application for —

(a)	a special licence under section 12 of the principal Act that was made before the commencement of section 25 of this Act; and
(b)	a licence under section 13 of the principal Act that was made before the commencement of section 26 of this Act,

but that was not before the relevant commencement finally

disposed of by the grant or refusal of a licence or withdrawn.

(2)

An application to which this clause applies is to continue to be

governed by the principal Act, including section 14, as if this

Act had not been enacted.

(3)

However, if a licence is granted on the application —

(a)	it is to be treated after the grant as if it were a licence under section 5C of the principal Act; and
(b)	after the grant, the provisions of the principal Act apply to it in the same way as they apply to a licence under section 5C granted under the principal Act as amended by this Act.

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75. Applications made for licences in respect of wells

(1)	This clause applies to an application for a licence under section 26D of the principal Act that —

(a)	was made before the commencement of section 37 of this Act; but
(b)	was not before that commencement finally disposed of by the grant or refusal of a licence or withdrawn.

(2)

An application to which this clause applies is to continue to be

governed by the principal Act, including section 26D(4) and (5),

as if this Act had not been enacted.

(3)

However, if a licence is granted on the application —

(a)	it is to be treated after the grant as if it were —

(i) so far as it relates to the taking of water, a licence under section 5C of the principal Act authorizing that taking; and

(ii) so far as it relates to the carrying out of work, a licence under section 26D of the principal Act authorizing the carrying out of that work;

(b)	those licences may be combined in a single instrument; and
(c)	after the grant, the provisions of the principal Act apply to the licences in the same way as they apply to a licence under section 5C or 26D, as the case may be, granted under the principal Act as amended by this Act.

76. Licences under section 12 or 13

(1)	This section applies to a licence that —

(a)	immediately before the commencement of section 25 of this Act was in force under section 12 of the principal Act; or

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(b)	immediately before the commencement of section 26 of this Act was in force under section 13 of the principal Act.

(2)	A licence referred to in subsection (1) —

(a)	is taken on the commencement of section 25 or 26 as the case may be, to be a licence under section 5C of the principal Act; and
(b)	subject to subsection (3), continues in force for the remainder of its term.

(3)	After the commencement of section 25 or 26, as the case may be, the provisions of the principal Act as amended by this Act apply to a licence referred to in subsection (1) in the same way as they apply to a licence under section 5C of the principal Act granted after that commencement.

77. Licences under section 26D

(1)

This section applies to a licence that immediately before the commencement of section 37 of this Act was in force under section 26D of the principal Act.

(2)

A licence referred to in subsection (1) is taken on the

commencement of section 37 —

(a)	so far as it relates to the taking of water (and whether it refers to taking or to drawing), to be a licence under section 5C of the principal Act authorizing that taking; and
(b)	so far as it relates to the carrying out of work, to be a licence under section 26D of the principal Act authorizing the carrying out of that work,

and those licences are taken to be licences combined in a single

instrument as mentioned in clause 2(3) of Schedule 1 to the

principal Act.

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(3)

Subject to subsection (4), a licence referred to in

subsection (2)(a) continues in force for the remainder of its

term.

(4)

After the commencement of section 37 of this Act, the

provisions of the principal Act as amended by this Act apply to

a licence referred to in subsection (2)(a) in the same way as they

apply to a licence under section 5C of the principal Act granted

after that commencement.

78. Civil remedy under section 5E

The right of action created by section 5E inserted in the

principal Act by section 18 of this Act does not apply to a

contravention of section 5C of the principal Act that occurred

before the commencement of section 18.

79. Time running for purposes of section 26B(4) or (5)

If at the commencement of section 35(1) of this Act time is

running in respect of the period of 2 months mentioned in

repealed section 26B(4) or (5) of the principal Act, the time is to

be treated as running for the purpose of subsection (4)(c)

or (5)(c) of that section as inserted in the principal Act by

section 35(1).

80. Existing augmentations of water volumes

The application of section 26GA inserted in the principal Act by

section 40 of this Act extends to a situation where —

(a)	of water in a watercourse or wetland is augmented by the introduction of water by artificial means, whether the augmentation is of the kind referred to in

at or after the commencement of section 40 the volume of this Act or otherwise; and

(b)	the augmentation is caused by things done before that commencement.

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81. Orders under section 26C

An order under section 26C of the principal Act that was in

force immediately before the commencement of section 36 of

this Act is taken on that commencement to declare that

section 5C, as well as section 26B(3) to (6), is not to apply in

relation to the non-artesian well or wells specified in the order

and on and after that commencement has effect accordingly.

82. Powers in relation to transitional provisions

(1)

If there is no sufficient provision in this Part for any matter or

thing necessary or convenient to give effect to the transition

from the principal Act, as in force before the commencement of

any provision of this Act, to the principal Act as in force after

that commencement, the Governor may make that provision by

order published in the Gazette.

(2)

If in the opinion of the Minister an anomaly arises in the

carrying out of any provision of this Part the Governor may by

order published in the Gazette —

(a)	modify that provision to remove the anomaly; and
(b)	make such provision as is necessary or expedient to carry out the intention of that provision.

(3)

An order under this section in relation to an amendment made to

the principal Act by this Act may be made so as to have effect

from the commencement of that amendment.

(4)

To the extent that a provision of any such order has effect on a day that is earlier than the day of its publication in the Gazette, the provision does not operate so as —

(a)	to affect, in a manner prejudicial to any person (other than the State), the rights of that person existing before the day of its publication; or
(b)	to impose liabilities on any person (other than the State) in respect of anything done or omitted to be done before the day of publication.

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s. 83

Part 9 — Consequential amendments to other Acts

83. Country Areas Water Supply Act 1947

Section 11(2)(a) of the Country Areas Water Supply Act 1947 *

is amended by deleting “Division 1” and inserting instead —

“ Division 1B ”.

[* Reprinted as at 19 March 1999.]

84. Environmental Protection Act 1986

Section 57(5)(c) of the Environmental Protection Act 1986* is

amended by deleting “Division 1” and inserting instead —

“ Division 1B ”.

[* Reprinted as at 7 March 1996.

For subsequent amendments see 1998 Index to Legislation of

Western Australia, Table 1, p. 83.]

85. Metropolitan Water Supply, Sewerage, and Drainage Act 1909

Section 14(2)(a) of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909* is amended by deleting “Division 1” and inserting instead —

“ Division 1B ”.

[* Reprinted as at 28 May 1996.

For subsequent amendments see 1998 Index to Legislation of

Western Australia, Table 1, p. 163.]

86. Mining Act 1978

Section 162(2)(p) of the Mining Act 1978* is deleted.

[* Reprinted as at 27 February 1996.

For subsequent amendments see 1998 Index to Legislation of

Western Australia, Table 1, p. 167.]