Rights in Water and Irrigation Amendment Regulations 2006 (WA)

5 September 2006 GOVERNMENT GAZETTE, WA 3623

WATER/SEWERAGE

WA301*

Rights in Water and Irrigation Act 1914

Rights in Water and Irrigation Amendment

Regulations 2006

Made by the Governor in Executive Council under section 27 of the Act and section 37 of the Water Agencies (Powers) Act 1984.

1.             Citation

These regulations are the Rights in Water and Irrigation
Amendment Regulations 2006.

2.             The regulations amended

The amendments in these regulations are to the Rights in Water
and Irrigation Regulations 2000*.

[* Published in Gazette 10 January 2001, p. 165-210.

For amendments to 17 August 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 440.]

3.             Regulation 3 amended

Regulation 3 is amended by inserting in the appropriate
alphabetical position —
“

“Department” means the department of the Public

Service assisting in the administration of the Act;

”.

4.             Regulation 52 amended

Regulation 52 is amended by deleting all of the regulation from
and including “offices of the Commission” and inserting
instead —
“

offices in the Department or the Commission —

(a) of chief executive officer; or

(b) of Director, Business Operations,

are prescribed persons.

”.

3624 GOVERNMENT GAZETTE, WA 5 September 2006

5.             Regulation 52A amended

Regulation 52A is amended as follows:

(a) by deleting “the person” in both places where it occurs and inserting instead —

“ a person ”;

(b) by deleting “office of the Commission known as Manager, Finance and Administration,” and inserting instead —

“

position of chief finance officer (within the meaning of
section 56 of the Financial Administration and Audit

Act 1985) for the Department or the Commission

”.

6.             Regulation 52B amended

Regulation 52B is amended as follows:

(a) by deleting “of the Commission known as — ” and inserting instead —

“ in the Department or the Commission — ”;

(b)	by deleting paragraphs (a) to (g) and inserting instead —
“
(a) described as Regional Manager (whether in respect of a region or not); or

(b) of Director, Business Operations,

”.

7.             Schedule 2 replaced

Schedule 2 is repealed and the following Schedule is inserted
instead —

“

Schedule 2 — Prescribed offences and modified penalties

[r. 50 and 51]

Offence Modified
penalty

1. An offence against section 5C of the Act other

than an offence described in item 2 $500

2. An offence against section 5C of the Act

constituted by taking water from an underground
water source in an area, and from a well, specified
in an order under section 26C(2) and not using

that water in accordance with that order $100
3.	An offence against section 26E(1) of the Act $150
4.	An offence against section 26G(3) of the Act $500
5.	An offence against section 26GC(2) of the Act $500
6.	An offence against regulation 43 $400

”.

5 September 2006 GOVERNMENT GAZETTE, WA 3625

8.             Schedule 3 amended

Schedule 3 Form 3 is amended as follows:

(a) by deleting “Manager, Finance and Administration” and inserting instead —

“ The Chief Finance Officer ”;

(b)

by deleting “GPO Box 6740 East Perth WA 6892” and “

PO Box K822

PERTH WA 6842

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.