Rights in Water and Irrigation Amendment Regulations 2009 (WA)
23 June 2009 GOVERNMENT GAZETTE, WA 2495 WATER/SEWERAGE
WA301*
Rights in Water and Irrigation Act 1914
Rights in Water and Irrigation Amendment
Regulations 2009
Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council under the Water Agencies (Powers) Act 1984 section
37 and the Rights in Water and Irrigation Act 1914 section 27.1. Citation
These regulations are the Rights in Water and Irrigation
Amendment Regulations 2009.2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day. 3. Regulations amended
These regulations amend the Rights in Water and Irrigation
Regulations 2000.4. References to "Commission" replaced
In the provisions listed in the Table delete "Commission" (each occurrence) and insert:
Minister
Table
r. 3 def. of approved r. 4(1)(a) r. 4(2) r. 5(1) r. 5(2) r. 5(3)(e) r. 6(1) r. 6(2) r. 7(1) r. 7(2) but not r. 7(2)(g)(iv)
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r. 7(3) r. 7(4) r. 7(5) r. 7(6) r. 8(1) r. 8(2) r.9(1) r.9(2) r. 11(1) r. 12(1) r. 12(2) r. 12(3) r. 13(1) r. 13(2) r. 13(4) r. 14(1) r. 14(2) r. 14(4) r. 14(6)
I. 15 r. 16(1)
I. 16(2) r. 17(1)(b) r. 17(2) r. 18(1) r. 18(3) r. 20(7) r. 2 1(2) r. 22(2) r. 23(2) r. 23(3)(a)(ii) r. 23(3)(b)(ii) r. 23(4)(d) r. 23(5) r. 24(1) r. 24(2)
r. 25(1) r. 25(2) r. 25(3) r. 26(1) r. 26(2) r. 26(3) r. 26(4) r. 27(1) r. 27(2) r. 29 r. 30(3) r. 34(1) r. 34(2) r. 35(1)
r.35(2) but not r. 35(2)(f)(iv) r. 35(3) r. 35(4) r. 35(5)
23 June 2009 GOVERNMENT GAZETTE, WA 2497
i.35(6) r. 36(1) i.36(2) r. 37(1) r. 37(2) r. 38 r. 41 r.44(1) r. 44(2) r. 44(3)(a) r.45(1) r. 45(2) r. 46(b) r. 4 8 r. 57 (2) Amend the provisions listed in the Table as set Out in the Table.
Table
Provision Delete Insert
r. 6(1)(b) it the Minister r. 6(2)(a) its the r. 7(2) it the Minister r. 7(2)(g)(iv) of the Commission; in relation to such
applications;r. 7(4) it makes its making the r. 7(6) it is r. 8(1) it the Minister
r. 14(4)(a) its the r. 14(6) it makes its making the r. 17(2) its his or her i.23(5) it makes its making the r. 24(2) it makes its making the r. 26(1) obligation it obligation, the
Ministeri.26(4) it makes its making the r. 34(1)(b) it the Minister
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Provision Delete Insert
r. 34(2)(a) its the r. 35(2) it the Minister r. 35(2)(f)(iv) of the Commission; in relation to such
applications;r. 35(4) it makes its making the r. 35(6) it is r. 36(1) it the Minister
5. Regulation 18 amended
Delete regulation 18(3)(b)(ii) and insert:(ii) recover the costs and expenses incurred in doing so as a debt due to the State by the person.
6. Regulation 20 amended
In regulation 20(7) delete "If" and insert:If a
7. Regulation 42 replaced
Delete regulation 42 and insert:
42. Damage to meters
(1) Any repairs required to a meter provided by the State are to be carried out, or to be caused to be carried out, by the Minister and the cost of those repairs is to be paid by the licence holder. (2) The State may recover the costs due under
subregulation (1) as a debt due to the State from the
licence holder in a court of competent jurisdiction.8. Regulations 52, 52A and 52B replaced
Delete regulations 52, 52A and 52B and insert:
52A. Persons authorised to give infringement notices For the purposes of the Water Agencies (Powers)
Act 1984 section 103, each of the following persons is
23 June 2009 GOVERNMENT GAZETTE, WA 2499 authorised to give an infringement notice in respect of
an offence prescribed by regulation 50 -
(a)
any person employed in the Department who is authorised in writing by the chief executive officer of the Department to give such notices;
(b)
any person who is authorised under the Water Agencies (Infringements) Regulations 1994 regulation 5(2) to give an infringement notice in respect of an offence under the Water Agencies (Water Use) By-laws 2007 by-law 4.
52B. Prescribed persons for infringement notices For the purposes of the Water Agencies (Powers)
Act 1984 section 103, a person holding or acting in any
of the following offices in the Department is a
prescribed person in relation to an infringement notice
given in respect of an offence prescribed by
regulation 50 -
(a) the chief executive officer; (b) the Director, Regional Management and Water Information; (c) the Manager, Regional Integration Branch; (d) the Coordinator, Compliance and Enforcement Unit. 52. Designated person for infringement notices
For the purposes of the Water Agencies (Powers) office of chief finance officer (within the meaning of that term in the Financial Management Act 2006 section 57) for the Department is the designated person to whom payment may be made of a modified penalty
for an offence prescribed by regulation 50.
9. Regulation 55A inserted
After regulation 54 insert:
55A. Form of certificate for authorised person A certificate issued under the Water Agencies (Powers) Act 1984 section 103(l 1) to an authorised person must be in the form of Form 5.
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10. Schedule 3 amended
(1) In Schedule 3 in Form 1 delete the passage that begins with
"Water and Rivers" and ends with "Act 1984" and insert:
Rights in Water and Irrigation Act 1914
Water Agencies (Powers) Act 1984
Application for a licence under the
Rights in Water and Irrigation Act 1914 s. 26D
(2) In Schedule 3 in Form 2 delete the passage that begins with
"Water and Rivers" and ends with "Act 1984" and insert:
Rights in Water and Irrigation Act 1914
Water Agencies (Powers) Act 1984
Information to be provided under the
Rights in Water and Irrigation Act 1914 s. 26E
after constructing or deepening a non-artesian well
(3) In Schedule 3 in Form 3:
(a)
delete the passage that begins with "Water and Rivers" and ends with "section 103(2)" and insert:
Water Agencies (Powers) Act 1984 s. 103 (2)
Infringement notice
(b) delete "Water and Rivers Commission" (second occurrence) and insert: Department of Water
(c) Delete "Water and Rivers Commission" (third occurrence) and insert: Department of Water
(4) In Schedule 3 in Form 4:
(a)
delete the passage that begins with "Water and Rivers" and ends with "section 103(6)" and insert:
Water Agencies (Powers) Act 1984 s. 103 (6)
Notice of withdrawal of infringement notice
(b) delete in the Water and Rivers Commission".
23 June 2009 GOVERNMENT GAZETTE, WA 2501
(5) In Schedule 3 in Form 5:
(a)
delete the passage that begins with "Water and Rivers" and ends with "section 103(11)" and insert:
Rights in Water and Irrigation Act 1914
Water Agencies (Powers) Act 1984 s. 103(11)
Certificate that person is an authorised person
(b) delete "Water and Rivers Commission" (second occurrence); (c) delete "in the Water and Rivers Commission"; (d) delete "CERTIFICATE OF AUTHORISED PERSON"; (e) delete "these regulations." and insert: the Rights in Water and Irrigation Regulations 2000.
(0 at the end of the form insert:
Signed:
or
Chief executive officer of the Department of Water of the Water Corporation.*
* Delete the inapplicable.
By Command of the Lieutenant-Governor
and deputy of the Governor,
R. KENNEDY, Clerk of the Executive Council.
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