Rights in Water and Irrigation Regulations 2000 (WA)
Western Australia
Rights in Water and Irrigation Act 1914
Western Australia
Rights in Water and Irrigation Act 1914
These regulations may be cited as the
These regulations come into operation on the same day as the
In these regulations, unless the contrary intention appears —
(1) An application for a permit must be —
(a) made to the Minister in a form specified for that purpose by the Minister; and
(b) accompanied by, or include, those plans or other information that are stated in the form to be required; and
(c) accompanied by the fee (if any) worked out in accordance with Part 7.
(2) An applicant for a permit must provide the Minister with any further information that the Minister may require.
(1) The Minister may determine that an application, if granted, will be of sufficient impact on a water resource that it is desirable that it be publicly notified.
(2) Where the Minister makes such a determination, the Minister is, by written notice given to the applicant, to inform the applicant of the determination and that the applicant is to arrange for there to be published in either or both of the following —
(a) a newspaper circulating daily in the State;
(b) a newspaper circulating in the locality to which the application relates,
notice in accordance with subregulation (3).
(3) A notice is to be in a form approved and is to state —
(a) that an application for a permit has been made;
(b) the section to which the permit relates;
(c) such details of the application as are necessary to identify the relevant water resource;
(d) a brief description of the ambit of the permit applied for; and
(e) that interested persons may within the time specified in the notice (which is to be not less than 14 days after the publication of the notice) make written submissions to the Minister regarding the application.
(1) This regulation applies where the Minister proposes —
(a) to refuse an application for a permit; or
(b) to grant, or to undertake to grant, a permit subject to the inclusion of a term, condition or restriction that the Minister considers is inconsistent with the terms of the application.
(2) The Minister is to notify the applicant —
(a) of the proposal; and
(b) that the applicant has a right to be heard by, or to make written submissions to, the Minister before the Minister makes a decision on the application.
(3) Written submissions may be made by the applicant, as mentioned in subregulation (2)(b), within 30 days after the applicant is given notice under that subregulation.
(1) The grant or refusal of an application for a permit and the terms, conditions and restrictions to be included in the permit are, subject to regulation 8, at the discretion of the Minister.
(2) In exercising that discretion the Minister is to have regard to all matters that the Minister considers relevant, including whether the proposal for which the permit is sought —
(a) is in the public interest;
(b) is ecologically sustainable;
(c) is environmentally acceptable;
(d) may prejudice current and future needs for water;
(e) would, in the opinion of the Minister, have a detrimental effect on another person;
(f) could be undertaken in another way;
(g) is in keeping with —
(i) local practices;
(ii) a relevant local by‑law;
(iii) a plan approved under Part III Division 3D Subdivision 2 of the Act; or
(iv) relevant previous decisions in relation to such applications;
or
(h) is consistent with —
(i) land use planning instruments;
(ii) the requirements and policies of other government agencies; or
(iii) any intergovernmental agreement or arrangement.
(3) The Minister is not to have regard to the safety of —
(a) the design; or
(b) the method of construction, or operation,
of the works, or action, that would be authorised by the permit.
(4) The Minister is to have regard to any submissions under regulations 5(3)(e) and 6(3) before making the final decision.
(5) The Minister may refuse to grant a permit to a person on the ground that the person has been convicted of an offence against a relevant Act.
(6) The Minister may refuse to grant a permit to a person if not satisfied that the person has the resources, including the financial resources, to carry out the activities to which the permit relates.
(1) The Minister must refuse to grant a permit to a person if the Minister considers that the person would not be willing or able to comply with the terms, conditions and restrictions that would be included in the permit.
(2) If the Minister would grant a permit to an applicant if the applicant satisfies the Minister as to a matter, relevant to the grant of a permit under this Part, specified by the Minister, the Minister may undertake to grant the permit to the person if the person so satisfies the Minister within the term specified in the undertaking.
(1) The Minister is to notify the outcome of the application and the terms, conditions and restrictions to be included in the permit to —
(a) the applicant; and
(b) if the application was publicly notified under regulation 5, to any person who made a submission under that regulation.
(2) If the Minister —
(a) refuses the application; or
(b) grants, or undertakes to grant, the application subject to the inclusion of a term, condition or restriction that the Minister considers is inconsistent with the terms of the application,
the Minister is to notify the applicant of the reasons for the decision.
(1) A permit may be granted for —
(a) a fixed period of time; or
(b) an indefinite duration,
as stated in the permit.
(2) A permit for an indefinite duration continues in force until it is —
(a) suspended or cancelled under regulation 13; or
(b) surrendered under regulation 15.
11. Applications for amendment of permits (1) The holder of a permit may apply to the Minister at any time for amendment of the permit.
(2) Regulations 4, 6, 7, 9, 10, 17, and 18 apply, with all necessary modifications, to an application under subregulation (1) as if it were an application for the grant of a permit.
(3) An application under subregulation (1) is to be accompanied by the permit.
(1) The Minister may, subject to this regulation and regulation 14, by notice in writing given to a permit holder —
(a) vary the duration of the permit;
(b) vary or remove any term, condition or restriction included in the permit; or
(c) include any new term, condition or restriction in the permit.
(2) The Minister may only exercise a power described in subregulation (1) in relation to a permit if —
(a) the permit holder consents to the Minister doing so;
(b) in the opinion of the Minister, the exercise of the power is necessary or desirable —
(i) due to the detrimental effect of actions authorised by the permit on another person;
(ii) to protect the water resource to which the permit relates from unacceptable damage; or
(iii) to protect the associated environment from unacceptable damage;
[(c) deleted] (d) in the opinion of the Minister, the exercise of the power is necessary or desirable —
(i) in the public interest; or
(ii) to more effectively manage the use of the water resource;
(e) in the opinion of the Minister, the exercise of the power is necessary to prevent a serious inconsistency arising as a result of —
(i) the approval of a plan, or the alteration, revocation or substitution of a plan, under Part III Division 3D Subdivision 2 of the Act; or
(ii) the making, amendment or repeal of relevant local by‑laws;
(f) the permit holder is convicted of an offence against a relevant Act;
(g) in the opinion of the Minister, the exercise of the power is necessary to comply with another written law of the State or a law of the Commonwealth; or
(h) the permit confers authority for the Minister to do so.
(3) At the written request of the Minister, the permit holder is to give the permit to the Minister for amendment.
(1) The Minister may, subject to this regulation and regulation 14, by notice in writing given to a permit holder —
(a) suspend a permit —
(i) for a fixed period specified in the notice; or
(ii) until such time as the permit holder is notified by the Minister that the suspension no longer applies;
or
(b) cancel a permit.
(2) The Minister may only exercise a power described in subregulation (1) in relation to a permit if —
(a) in the opinion of the Minister, the exercise of the power is necessary or desirable —
(i) due to the detrimental effect of actions authorised by the permit on another person;
(ii) to protect the water resource to which the permit relates from unacceptable damage; or
(iii) to protect the associated environment from unacceptable damage;
(b) in the opinion of the Minister, the exercise of the power is necessary due to a serious inconsistency, which cannot be resolved by an amendment under regulation 12, arising as a result of —
(i) the approval of a plan, or the alteration, revocation or substitution of a plan, under Part III Division 3D Subdivision 2 of the Act; or
(ii) the making, amendment or repeal of relevant local by‑laws;
(c) the permit holder —
(i) is convicted of an offence against a relevant Act; or
(ii) has contravened or failed to comply with any term, condition or restriction included in the permit;
(d) in the opinion of the Minister, the exercise of the power is necessary to comply with another written law of the State or a law of the Commonwealth;
(e) in the opinion of the Minister, the exercise of the power is necessary or desirable in the public interest; or
(f) the permit confers authority for the Minister to do so.
(3) The suspension or cancellation of a permit has effect to suspend or cancel the rights and privileges conferred by the permit but does not affect the duties imposed by the permit.
(4) A permit holder must, within 7 days of receiving notice under subregulation (1) that the permit is suspended or cancelled give the permit to the Minister —
(a) to be annotated in accordance with subregulation (3) if any duties are imposed by the permit; or
(b) if no duties are imposed by the permit and the permit is —
(i) suspended, to be retained by the Minister until the suspension no longer applies; or
(ii) cancelled, to be retained by the Minister.
Penalty: $2 000.
(1) Except as provided by subregulations (2) and (3), this regulation applies where the Minister proposes to exercise a power conferred by regulation 12 or 13.
(2) This regulation does not apply to the proposed exercise of a power conferred by regulation 12 or 13 if the Minister is of the opinion that the exercise of the power is necessary to prevent loss of life or property or serious injury to persons or property.
(3) This regulation does not apply to the proposed exercise of a power conferred by —
(a) regulation 12 in the circumstances mentioned in subregulation (2)(a) or (g) of that regulation; or
(b) regulation 13 in the circumstances mentioned in subregulation (2)(c)(i) of that regulation.
(4) Where this regulation applies, the Minister is to notify the permit holder —
(a) of the proposal; and
(b) that the applicant has a right to be heard by, or to make written submissions to, the Minister before the Minister makes a decision to exercise the power.
(5) Written submissions may be made by the permit holder, as mentioned in subregulation (4)(b), within such period after the applicant is given notice under that subregulation as is specified in the notice.
(6) The Minister is to have regard to any submissions made by the permit holder under subregulation (5) before making the final decision.
A permit may be surrendered at any time to the Minister if the permit holder has complied with any terms, conditions or restrictions included in the permit relating to its surrender.
(1) Where —
(a) a permit holder is the owner of all the land to which the permit relates; and
(b) another person becomes the owner of that land in place of that permit holder (the
new owner ),
the permit holder and the new owner must give notice in writing of the change of ownership to the Minister within the period of 30 days after the day of the change of ownership.
Penalty: $250.
(2) Whether or not notice of change of ownership of land is given to the Minister under subregulation (1), the new owner is to be taken to be the permit holder.
(1) A permit is subject to the following conditions —
(a) that the permit holder ensures that all other written laws regarding the work or action authorised by the permit are complied with;
(b) that where a condition attached to a permit relating to an alteration in work authorised under the permit has not been complied with within the time specified in the condition and after written notice to that effect has been given by the Minister, the Minister may take such action as is necessary to ensure the condition is complied with and may recover the cost of doing so from the permit holder as a debt due in a court of competent jurisdiction.
(2) The Minister may, at his or her discretion, include in a permit any other term, condition or restriction but regulation 7(2) and (3) applies to the exercise of that discretion.
(1) If a permit holder fails to comply with any term, condition or restriction included in a permit, the Minister may direct that person to comply with that term, condition or restriction.
(2) A direction under subregulation (1) must —
(a) be given by written notice served on the permit holder; and
(b) specify the time within which the direction is to be complied with.
(3) If a permit holder to whom a direction has been given does not comply with the direction within the specified time, or any additional time allowed by the Minister —
(a) the person commits an offence; and
(b) the Minister may —
(i) do all or part of whatever the direction requires to be done; and
(ii) recover the costs and expenses incurred in doing so as a debt due to the State by the person.
Penalty: $2 000 and daily penalty of $200.
(1) An application for the renewal of a licence that is in force for a fixed period must be made before the expiry of the licence.
(2) An application for a renewal that is made after the expiry of the licence may be taken by the Minister to be an application for a licence under clause 4(1) of Schedule 1 to the Act.
(1) The fee payable for a duplicate licence is the fee specified in item 4 of Schedule 1 Part 1.
(2) A duplicate licence is to be a copy of the licence certified as a correct copy by the Minister.
(1) In this regulation —
(2) The Minister is to notify a person who has made an application referred to in subregulation (3) by written notice given to that person that the person is to arrange for there to be published in —
(a) a newspaper circulating daily in the State; and
(b) a newspaper circulating in the locality to which the application relates,
notice in accordance with subregulation (4).
(3) An application referred to in subregulation (2) is an application for a licence or, to amend a licence to increase a water entitlement under that licence, where —
(a) the application relates to an underground water source and —
(i) the water proposed to be taken under the licence is more than 100 000 kilolitres per year, or if the application is to amend the licence, an increase in the water to be taken under the licence by more than that amount; or
(ii) the Minister is of the opinion that an application, if granted, will be of sufficient impact on a water resource that it is desirable that it be publicly notified;
or
(b) the application relates to a water course or wetland unless —
(i) any relevant plan approved under Part III Division 3D Subdivision 2 of the Actspecifies that advertising of licences of this description is not required; or
(ii) the Minister is of the opinion that an application, if granted, will not be of sufficient impact on a water resource that it is desirable that it be publicly notified.
(4) A notice is to be in a form approved and is to state —
(a) that an application for a licence under section 5C has been made;
(b) such details of the application as are necessary to identify the relevant water resource;
(c) a brief description of the ambit of the licence applied for;
(d) that interested persons may within the time specified in the notice (which is to be not less than 14 days after the publication of the notice) make written submissions to the Minister regarding the application; and
(e) that if a submission made under paragraph (d) contains an objection, that the person making the submission is to specify what action, if any, the person considers would overcome the objection.
(5) The Minister is to have regard to any submission made by a person under subregulation (4)(d) within the time specified in the notice before making the final decision.
(1) A person who has been given written details of an application under section 26GZO(b) may within the time specified by written notice given by the Minister (which is to be not less than 14 days after the notice is given) make written submissions to the Minister regarding the application.
(2) The Minister is to have regard to any submission made under subregulation (1) within the time specified in the notice before making the final decision with respect to an application under section 26GZO.
(1) A licensee who ceases, or who has reason to suspect that he or she may have ceased, to be eligible in terms of clause 3 of Schedule 1 to the Act to hold a licence is to inform the Minister in writing of that fact within 30 days of the licensee ceasing to be eligible.
Penalty: $1 000.
(2) On receiving notice under subregulation (1) the Minister is to inform the licensee in writing of the time when the licence will be terminated.
(3) At the request of a licensee referred to in subregulation (1), the Minister may agree in writing that the licence is to be terminated at the end of a period, not exceeding 6 months from the time the Minister received notice under subregulation (1).
(1) If the Minister is satisfied that a licensee is no longer obliged by an agreement with another person referred to in clause 19 of Schedule 1 to the Act, or that it is no longer appropriate for the Minister to recognise such an obligation, the Minister may remove an endorsement from a licence under that clause.
(2) Before removing an endorsement from a licence, the Minister is to give written notice to the third party (within the meaning of clause 19 of Schedule 1 to the Act) and to the licensee.
(3) A person who has been given written notice under subregulation (2) may within the time specified in that notice (which is to be not less than 14 days after the notice is given) make written submissions to the Minister regarding the removal of the endorsement.
(4) The Minister is to have regard to any submission made under subregulation (3) within the time specified in the notice before making the final decision with respect to the removal of the endorsement.
(1) For the purpose of clause 25(2)(g) of Schedule 1 to the Act, the circumstances to which subregulation (2) applies are circumstances where the Minister may suspend or cancel a licence under clause 25(1) of that Schedule.
(2) This subregulation applies to the circumstances that, in the opinion of the Minister, in making a decision to grant a licence to the licensee, the Minister has relied on information that the licensee supplied to the Minister —
(a) that the licensee knew to be false or misleading in a material particular;
(b) that was false in a material particular and was supplied with reckless disregard as to whether the information was false or misleading in a material particular; or
(c) that omitted some information without which the information supplied was, to the licensee’s knowledge, misleading in a material particular.
(1) A submission under clause 35(3) of Schedule 1 to the Act must be made within 30 days after the person making the submission received notice of the application under that clause.
(2) For the purpose of clause 35(5) of Schedule 1 to the Act, a response under clause 35(4) of that Schedule must be made within 14 days after the relevant material is given to the applicant.
A licensee must, within 7 days of receiving notice from the Minister that a licence held by the licensee is suspended or cancelled under clause 25 of Schedule 1 to the Act, give the licence to the Minister —
(a) to be annotated in accordance with clause 25(3) of that Schedule if any duties are imposed by the licence; or
(b) if no duties are imposed by the licence and the licence is —
(i) suspended, to be retained by the Minister until the suspension no longer applies; and
(ii) cancelled, to be retained by the Minister.
Penalty: $2 000.
(1) An application for approval of a transfer a licence, water entitlement or agreement referred to in clause 30 of Schedule 1 to the Act under clause 32 of that Schedule, is to be accompanied by each licence relevant to the transfer.
(2) An application for the amendment of a licence under clause 23 of Schedule 1 to the Act is to be accompanied by the licence.
(3) A licensee must, within 7 days of receiving notice from the Minister that a licence held by the licensee is to be amended under clause 24 of Schedule 1 to the Act give that licence to the Minister for the endorsement of the amendment.
In proceedings for an offence under the Act, an averment that —
(a) a licence under this Act was given, or was given to a specified person or at a specified time;
(b) a specified person is the holder of a particular licence or permit; or
(c) an instrument, within the meaning of section 26GZH, is registered under Part III Division 3E of the Act or was registered at a specified time,
is to be taken to have been proved unless the contrary is shown.
In this Part, unless the context otherwise requires —
(a) an artesian well; and
(b) a non‑artesian well for which a licence is required under section 26B(3)(c).
(1) An application for a licence is to be in the form of Form 1.
(2) An application is to be accompanied by —
(a) a plan or tracing of a plan, drawn to scale, and having bearings, distances, measurements or Australian mapping grid co‑ordinates marked on it so that the geographical location of the well, or proposed well, can be accurately ascertained; and
(b) the specifications of the construction of the well; and
(c) a statement setting out the purposes for which it is proposed to construct the well, with particulars of the types of use to which any water taken from the well is proposed to be put; and
(d) the fee (if any) worked out in accordance with Part 7.
(3) The plan, specification and statement accompanying an application are to be signed by the applicant and are to be dated.
(1) This regulation applies where the Minister proposes —
(a) to refuse an application for a licence;
(b) to grant, or undertake to grant, a licence subject to the inclusion of a term, limitation or condition that the Minister considers is inconsistent with the terms of the application; or
(c) to grant, or undertake to grant, a licence subject to an alteration to, or in connection with, the proposed work or the plans or specifications.
(2) The Minister is to notify the applicant —
(a) of the proposal; and
(b) that the applicant has a right to be heard by, or to make written submissions to, the Minister before the Minister makes a decision on the application.
(3) Written submissions may be made by the applicant, as mentioned in subregulation (2)(b), within 30 days after the applicant is given notice under that subregulation.
(1) The grant or refusal of an application for a licence and the terms, limitations and conditions to be included in the licence are, subject to regulation 36, at the discretion of the Minister.
(2) In exercising that discretion the Minister is to have regard to all matters that the Minister considers relevant, including whether the construction or action proposed in the application —
(a) is in the public interest;
(b) is ecologically sustainable;
(c) is environmentally acceptable;
(d) may prejudice other current and future needs for water;
(e) would, in the opinion of the Minister, have a detrimental effect on another person;
(f) is in keeping with —
(i) local practices;
(ii) a relevant local by‑law;
(iii) a plan approved under Part III Division 3D Subdivision 2 of the Act; or
(iv) relevant previous decisions in relation to such applications;
or
(g) is consistent with —
(i) land use planning instruments;
(ii) the requirements and policies of other government agencies; or
(iii) any intergovernmental agreement or arrangement.
(3) The Minister is not to have regard to the safety of —
(a) the design; or
(b) the method of construction, or operation,
of the well or works to the well that would be authorised by the licence.
(4) The Minister is to have regard to any submissions made by the applicant under regulation 34(3) before making the final decision.
(5) The Minister may refuse to grant a licence to a person on the ground that the person has been convicted of an offence against a relevant Act.
(6) The Minister may refuse to grant a licence to a person if not satisfied that the person has the resources, including the financial resources, to carry out the activities to which the licence relates.
(1) The Minister must refuse to grant a licence to a person if the Minister considers that the person would not be willing or able to comply with the terms, limitations and conditions that would be included in the licence.
(2) If the Minister would grant a licence to an applicant if the applicant satisfies the Minister as to a matter, relevant to the grant of a licence under this Part, specified by the Minister, the Minister may undertake to grant the licence to the person if the person so satisfies the Minister within the term specified in the undertaking.
(1) The Minister is to notify the outcome of the application and the terms, limitations and conditions to be included in the licence to the applicant.
(2) If the Minister —
(a) refuses the application;
(b) grants, or undertakes to grant, the application subject to the inclusion of a term, limitation or condition that the Minister considers is inconsistent with the terms of the application; or
(c) grants, or undertakes to grant, a licence subject to an alteration to, or in connection with, the proposed work or the plans or specifications,
the Minister is to notify the applicant of the reasons for the decision.
A person who holds a licence in respect of an artesian well must give to the Minister information regarding the work to which the licence relates in the form approved —
(a) within 5 days after the end of each month during which that work is being undertaken; and
(b) within one month after the completion of that work.
Form 2 is prescribed for the purposes of section 26E and the information to be prescribed under that section is the information required to be provided in accordance with that form.
An application for an amended licence under section 26F(3) is to be accompanied by —
(a) the licence;
(b) a statement setting out the amendments required to the licence;
(c) a statement setting out why the amendment is required.
A licensee must, within 7 days of receiving notice from the Minister that a licence held by the licensee is cancelled under the Act, give the licence to the Minister.
Penalty: $2 000.
In this Part —
(1) Regulation 41C applies to a licence referred to in column 1 of the Table on and after the date specified in column 2 of the Table.
A licence with a water entitlement of 500 000 kilolitres or more per water year | 31 March 2018 |
A licence with a water entitlement of 50 000 kilolitres or more but less than 500 000 kilolitres per water year | 31 December 2018 |
A licence granted in respect of the Gnangara groundwater plan area with a water entitlement of 10 000 kilolitres or more but less than 50 000 kilolitres per water year | 31 December 2019 |
All other licences with a water entitlement of 10 000 kilolitres or more but less than 50 000 kilolitres per water year | 31 December 2020 |
(2) However, regulation 41C does not apply to a licence referred to in column 1 of the Table to subregulation (1) that —
(a) is issued for less than 12 months; or
(b) is issued in respect of a single user dam; or
(ba) is a licence granted for the taking of water from a water resource in one of the following areas, and under which water is taken through at least one draw‑point on which a meter owned by the State is installed —
(i) the Gascoyne Groundwater Area under section 26B of the Act;
(ii) the Gascoyne River and all of its tributaries to which Part III Division 1B of the Act applies under section 6 of the Act;
(iii) the Carnarvon Irrigation District under Part IV of the Act;
(iv) the Carnarvon Irrigation Area under section 26B of the Act;
or
(c) is a licence to which —
(i) an alternative measurement method approved under regulation 41E applies; or
(ii) an exemption granted under regulation 41F applies.
(3) Nothing in subregulation (2) prevents the Minister from including in a licence referred to in subregulation (2) any term, condition or restriction in relation to metering.
(1) Each licence is subject to the conditions that the licensee must —
(a) install a meter on each water draw‑point through which water is taken under the licence; and
(b) for each meter installed under paragraph (a) —
(i) maintain the meter in good condition and ensure that it is operating within a range of plus or minus 5% of the quantity of water that passes through it when tested in field conditions; and
(ii) provide the Minister with the information listed in subregulation (2) within 30 days of the installation; and
(iii) notify the Minister within 7 days of detecting a malfunction of the meter; and
(iv) record the meter reading at the end of each month; and
(v) provide a copy of the meter readings recorded under subparagraph (iv) to the Minister within 30 days after the end of the relevant water year.
Penalty for this subregulation: A fine of $2 000 and a daily penalty of $200.
(2) For the purposes of subregulation (1)(b)(ii), the information is —
(a) the coordinate references relating to the location of the meter or another approved description of its location; and
(b) the date on which the meter was installed; and
(c) the meter reading at the time of installation; and
(d) the make, size, type and serial number of the meter; and
(e) drawings or annotated photographs of the meter after its installation that show —
(i) the length of pipe connecting the draw‑point to the upstream flange of the meter; and
(ii) the length of pipe between the downstream flange of the meter and the first‑bend or take‑off; and
(iii) the direction of the water flow through the meter;
and
(f) a copy of the manufacturer’s specifications for installation of the meter or written advice from the person who installed the meter that it complies with the manufacturer’s specifications for installation.
(3) For the purposes of complying with subregulation (1)(b)(v), if a licensee has installed 2 or more meters to measure the quantity of water taken from 2 or more water draw‑points, the Minister may approve the licensee providing a combined abstraction reading for all of the water taken under the licence instead of providing individual meter readings.
(4) The meter readings required under subregulation (1)(b)(v) must be provided using the Department’s electronic online system provided for that purpose unless the Minister approves another method for providing the readings in any particular case.
(1) If a licensee fails to comply with any of the metering conditions specified in regulation 41C(1), the Minister may direct the licensee to comply with those conditions.
(2) A direction under subregulation (1) must —
(a) be given by written notice served on the licensee; and
(b) specify the time within which the direction is to be complied with.
(3) If the licensee to whom a direction has been given does not comply with the direction within the specified time, or any additional time allowed by the Minister —
(a) the licensee commits an offence; and
(b) the Minister may —
(i) do all or part of whatever the direction requires to be done; and
(ii) recover the costs from the licensee as a debt due to the State in a court of competent jurisdiction.
Penalty for this subregulation: A fine of $2 000 and a daily penalty of $200.
(1) The Minister may, in any particular case, approve an alternative measurement method for measuring the quantity of water taken under a licence if satisfied on reasonable grounds that it is impracticable to install a meter under regulation 41C to measure the quantity of water taken under the licence.
(2) If the Minister approves an alternative measurement method under subregulation (1), the licensee must comply with that method to measure the quantity of water taken under the licence.
(1) The Minister may, in any particular case, grant an exemption from the requirement to measure the quantity of water taken under a licence if satisfied on reasonable grounds that —
(a) it is impracticable to install a meter under regulation 41C to measure the quantity of water taken under the licence; and
(b) it is inappropriate to use an alternative measurement method for measuring the quantity of water taken under the licence.
(2) The Minister may revoke an exemption granted under subregulation (1) if the licensee fails to comply with any terms, conditions or restrictions included in the licence that relate to the taking of water or the measurement of the quantity of water taken.
(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 licensee.
(2) The State may recover the costs due under subregulation (1) as a debt due to the State from the licensee in a court of competent jurisdiction.
A person must not —
(a) damage a meter; or
(b) install, or alter, a meter or any associated fittings so that the meter does not accurately measure the quantity of water being taken from a well.
Penalty: $2 000.
(1) The Minister may at any time cause a test of a meter to be made.
(2) The Minister is to cause a test of a meter to be made within 7 days of receiving a written request from a licensee that that meter be tested because the licensee is dissatisfied with a reading from the meter.
(3) Where on testing a meter it is found that —
(a) the meter registers more than 5% in excess of the quantity that actually passes through it when tested, the Minister is to pay the cost of the test; or
(b) the meter registers less than 5% in excess of the quantity that actually passes through it when tested, the licensee is to pay the cost of the test.
(4) The cost paid by the licensee under subregulation (3)(b) is not to exceed the fee set out in Schedule 1 Part 1.
(1) Where —
(a) on testing, a meter has been found not to be in proper order;
(b) a meter has been removed for repair; or
(c) a meter was, or any associated fittings were, installed or altered so that the meter did not accurately measure the quantity of water being taken,
the Minister may estimate the quantity of water concerned —
(d) by reference to an average of the quantity of water supplied during another period;
(e) by adjusting the quantity registered by the meter to take account of the error found upon testing the meter; or
(f) on such other basis as the Minister may determine.
(2) Notice stating the estimated quantity of water taken from a well during any particular period is to be given by the Minister to the licensee.
A notice —
(a) under regulation 45(2); or
(b) given to a licensee by the Minister stating the quantity of water taken from a well during any particular period,
is, in the absence of proof to the contrary, to be presumed to be the amount taken from the well.
In this Part —
The following details are prescribed under section 26GZJ(1)(g) as additional details to be set out in the register in respect of an instrument that is a licence under section 5C —
(a) where relevant, the volume of water that may be taken under the licence;
(b) if an agreement referred to in clause 30 relating to the taking of water under the licence has been approved by the Minister under that clause, details relating to that agreement, including —
(i) the name and business address of the person who entered into the agreement with the licensee; and
(ii) period for which it is of effect;
(c) details of any notation endorsed on the licence by the Minister under clause 19(b) showing that the licence is subject to clause 20;
(d) a notation that an application under clause 32 for approval of the transfer of a licence or a water entitlement or of an agreement referred to in clause 30 that has been made but not yet determined by the Minister; and
(e) a notation that an undertaking has been given by the Minister to approve an agreement under clause 30 or a transfer under clause 31.
A fee set out in Schedule 1 Part 2 is the fee to be paid in respect of the matter described opposite the fee.
An offence against the
The modified penalty set out in column 2 of Schedule 2 opposite an offence referred to in column 1 is the prescribed modified penalty which applies in respect of that offence for the purposes of section 103(3)(a) of the
For the purposes of the
For the purposes of the
(a) Chief Executive Officer;
(b) Deputy Director General Approvals;
(c) Executive Director Statewide Delivery;
(ca) Director Statewide Delivery ‑ Water Regulation;
(cb) Director Statewide Delivery ‑ Integration;
(d) Director Regulatory Capability;
(e) Regional Director.
For the purposes of the
An infringement notice under section 103(2) of the
A notice to be sent under section 103(6) of the
A certificate issued under the
A person who, not being an authorised person, makes any alteration to an infringement notice commits an offence.
Penalty: $200.
A person who makes a statement under these regulations to the Minister that —
(a) the person knows to be false or misleading in a material particular;
(b) was false in a material particular and was supplied with reckless disregard as to whether the information was false or misleading in a material particular; or
(c) omits anything without which the statement is, to the person’s knowledge, misleading in a material particular,
commits an offence.
Penalty: $2 000.
In this Part —
Note for this definition:
The allocation limit of a water resource is determined by the Department for the purposes of assessing applications for section 5C licences.
(a) the proportion of the allocation limit for the water resource that can be taken under section 5C licences and other rights in effect at that time; or
(b) that there is no allocation limit for the water resource at that time;
(a) the allocation status of the water resource as published on the Department’s website on the day on which the application is made; or
(b) if no allocation status is published on that day — the allocation status of the water resource most recently published on the website;
(a) the grant of a permit; or
(b) the grant, renewal or amendment of a section 5C licence; or
(c) the grant of a section 26D licence;
(a) limestone, rock or gravel;
(b) shale, other than oil shale;
(c) sand, other than mineral sand, silica sand or garnet sand;
(d) clay, other than kaolin, bentonite, attapulgite or montmorillonite;
(1) Water is taken for mining purposes or for public water supply purposes if the proposed use of the water is for mining purposes or for public water supply purposes.
(2) Water is used for mining purposes if it is used —
(a) by the holder of a mining tenement in or in relation to a mining operation; or
(b) by the holder of a petroleum or geothermal title in or in relation to a petroleum operation; or
(c) by the holder of a petroleum pipeline licence in or in relation to a pipeline operation; or
(d) in or in relation to an extraction operation.
(3) An activity is for mining purposes if it is carried out —
(a) by the holder of a mining tenement in or in relation to a mining operation; or
(b) by the holder of a petroleum or geothermal title in or in relation to a petroleum operation; or
(c) by the holder of a petroleum pipeline licence in or in relation to a pipeline operation; or
(d) in or in relation to an extraction operation.
(4) Water is used for public water supply purposes if it is used by the holder of a water services licence in or in relation to the provision of a potable water supply service.
(5) An activity is for public water supply purposes if it is carried out by or on behalf of the holder of a water services licence in or in relation to the provision of a potable water supply service.
(1) For the purposes of regulation 4(1)(c), the fee for an application for the grant of a permit is —
(a) if the activity to be authorised by the permit is, to some extent, for mining purposes or for public water supply purposes (whether or not for the taking of water for such purposes) — the fee worked out under subregulation (2); or
(b) otherwise — nil.
(2) The fee is the applicable fee set out in the Table according to the assessment level applicable to the water resource in respect of which the application is made.
low | medium | high |
$2 477 | $3 302 | $4 128 |
(3) The assessment level applicable to the water resource is —
(a) if the allocation status of the water resource is relevant to the application — worked out in accordance with the Table; or
(b) otherwise — low.
≤ 30% | > 30% but ≤ 70% | > 70% but ≤ 100% | > 100% | no allocation limit |
low | low | medium | high | low |
Note for this Table:
> signifies more than
≤ signifies less than or equal to
(1) For the purposes of Schedule 1 clauses 4(1)(d), 22(1)(b) and 23(3) of the Act, the fee for an application for the grant, renewal or amendment of a section 5C licence is —
(a) if the low volume exemption does not apply and at least some of the water to be taken under the licence is for mining purposes or for public water supply purposes — the fee worked out under subregulation (3); or
(b) if the low volume exemption applies and at least some of the water to be taken under the licence is for mining purposes or for public water supply purposes — $200; or
(c) otherwise — nil.
(2) The low volume exemption applies in relation to an application if the maximum volume of water that may be taken under the licence, if granted, renewed or amended in accordance with the application, does not exceed 1 500 kL/annum.
(3) The fee is —
(a) if the application is for the grant of a licence — the applicable fee set out in item 1 of the Table according to the assessment level applicable to the water resource in respect of which the application is made; or
(b) if the application is for the renewal of the licence — the applicable fee set out in item 2 of the Table according to the assessment level applicable to the water resource in respect of which the application is made; or
(c) if the application is for the amendment of the licence and the amendment requires an assessment of the impact on the water resource in respect of which the application is made — the applicable fee set out in item 3 of the Table according to the assessment level applicable to the water resource.
low | medium | high | ||
1. | new licence | $5 357 | $7 143 | $8 929 |
2. | renewal of licence | $4 001 | $5 335 | $6 668 |
3. | amendment of licence | $4 407 | $5 876 | $7 345 |
(4) The assessment level applicable to the water resource is —
(a) if the allocation status of the water resource is relevant to the application — worked out in accordance with the Table; or
(b) otherwise — low.
≤ 30% | > 30% but ≤ 70% | > 70% but ≤ 100% | > 100% | no allocation limit | |
< 50 000 kL/annum | low | low | medium | high | low |
≥ 50 000 but < 500 000 kL/annum | low | medium | high | high | low |
≥ 500 000 kL/annum | high | high | high | high | low |
Note for this Table:
> signifies more than
≥ signifies more than or equal to
< signifies less than
≤ signifies less than or equal to
(5) For the purposes of the Table to subregulation (4) —
(1) For the purposes of regulation 33(2)(d), the fee for an application for the grant of a section 26D licence is —
(a) if the proposed use of the water is, to some extent, for mining purposes or for public water supply purposes — the fee worked out under subregulation (2); or
(b) otherwise — nil.
(2) The fee is the applicable fee set out in the Table according to the assessment level applicable to the water resource in respect of which the application is made.
low | medium | high |
$172 | $215 | $269 |
(3) The assessment level applicable to the water resource is —
(a) if the allocation status of the water resource is relevant to the application — worked out in accordance with the Table; or
(b) otherwise — low.
≤ 30% | > 30% but ≤ 70% | > 70% but ≤ 100% | > 100% | no allocation limit |
low | low | medium | high | low |
Note for this Table:
> signifies more than
≤ signifies less than or equal to
For the purposes of the definition of
The CEO may, in a particular case, refund, reduce or waive, in whole or in part, a fee paid or payable under this Part if the CEO considers it appropriate to do so.
3. | Application for approval of transfer of a licence, water entitlement or agreement referred to in clause 30 of Schedule 1 to the Act (cl. 32(1)(c) of that Schedule) | $200 |
4. | Fee for certified duplicate of a licence (cl. 45 of Schedule 1 to the Act and reg. 22(1)) | $50 |
5. | Maximum amount for meter test (reg. 44(4)) | $500 |
1. | Application for notation of security interest | $70 |
2. | Removal of notation of security interest | $70 |
3. | Variation of notation of security interest | $70 |
1. | Copy of an entry in, or an extract from, the register (s. 26GZI(4)) | $25 for the first page, $1 for each additional page |
[r. 50 and 51]
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 |
5A. | An offence against regulation 41C(1) | $400 |
6. | An offence against regulation 43 | $400 |
[r. 33(1)]
........................................................... ........................................................... | |
........................................................... ........................................................... ........................................................... | |
........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... | |
........................................................... ........................................................... | |
........................................................... ........................................................... ........................................................... ........................................................... ........................................................... | |
........................................................... ........................................................... ........................................................... ........................................................... | |
new well/bore/excavation/soak.............. enlargement or deepening of existing well/bore/excavation/soak..................... other (describe).................................... | |
........................................................... ........................................................... ........................................................... ........................................................... | |
........................................................... ........................................................... | |
........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... | |
........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... ........................................................... | |
I,............................ apply for a licence under section 26D of the ........................................................... (signature or seal of applicant) |
[r. 39]
Licence No: | ||||||||||||||||
Licensee’s full name | ||||||||||||||||
Company, corporate, trading or business name of person who carried out the work (Full name) | ||||||||||||||||
Driller’s name (Full name) | ........................................................................................................ | |||||||||||||||
Postal Address: | ........................................................................................................ | |||||||||||||||
Business Phone: | ........................................................................................................ | |||||||||||||||
Business Fax: | ........................................................................................................ | |||||||||||||||
Mobile Phone: | ........................................................................................................ | |||||||||||||||
Email: | ........................................................................................................ | |||||||||||||||
Property address of well | ||||||||||||||||
Well coordinates: | £ GPS reading £ Estimate | |||||||||||||||
Zone | Easting/ Latitude | Northing/ Longitude | ||||||||||||||
Datum | GPS reliability | |||||||||||||||
Material | Nominal bore | Diameter O.D (mm) | Wall thickness (mm) | Depth | ||||||||||||
From (m) | To (m) | |||||||||||||||
Screens/slot (Type) | Diameter O.D (mm) | Aperture (mm) | Top of screen (m) | Bottom of screen (m) | ||||||||||||
Gravel size (mm) | From (m) | To (m) |
Material Type | From (m) | To (m) |
£ Pressure cement grouted £ Tremmie | ||
Casing diameter (mm O.D) | Depth | |
From (m) | To (m) | |
Total depth drilled (from ground level) | Geophysical log required as condition of licence? | £ Yes £ No | Geophysical log taken? (If so, attach log and contractor details) | £ Yes £ No |
From (m) | To (m) | Strata description.* |
Well name / number | ||||
Drilling start | Drilling completion | |||
1. Drilling start date refers to the date drilling begins. Do not include set up date. | 2. Drilling completion date includes well development and testing. | |||
Drilling method used | £ Rotary air £ Cable tool £ Auger £ Rotary mud £ Sludge £ Other (specify) _____________________ | |||
Final status of well | £ Ready to operate £ Decommissioned £ Other (specify) __________________________________ | |||
Purpose (use) of well |
£ Other (specify) __________________________________ | |||
Date (dd/mm/yy) | Duration of development | ................ hours | ||
Method | £ Airlift £ Pump £ Jetting £ Surging | |||
Development pump rate (e.g. L/s, m | ||||
Date start (dd/mm/yy) | Date end (dd/mm/yy) | Duration of test | ........... hours | |||||||
£ Step test £ Constant rate £ Other | ||||||||||
Constant rate ‑ Pump rate (e.g. m3/day) | Pump type (e.g. submersible) | |||||||||
Water rest level prior to test (m) | ||||||||||
£ Other (specify) __________________________ | ||||||||||
Elevation of measurement reference point if known (metres AHD) | £ GPS £ Estimate £ Other (specify) ________________________ | |||||||||
Final drawdown | m | Recommended supply (e.g. m3/day) | ||||||||
Final drawdown is the distance between the static water level measured prior to the test and the water level measured at the end of the pumping test. | ||||||||||
Comments ...............................................................................................................
Collection method (e.g. pump test, airlift) | |||||
Conductivity (e.g. mS/m) | £ Temperature compensated £ Temperature uncompensated | pH | |||
Water temperature at test | |||||
Comments ...............................................................................................................
Lab samples taken (Please attach) | £ Yes £ No | TDS (e.g. mg/l) | Please submit samples separately to form if not received before the one month submission deadline. | |
SWL (Static water level) | m | Water cut at | m | |
Measurements taken from | £ Top of casing (TOC) £ Ground level (GL) £ Other (specify) _______________________________ | |||
Date of reading (dd/mm/yy) | ||||
Comments ...............................................................................................................
Capacity of person making declaration [tick one box] | � An individual who carried out the work. � An officer who is a director or secretary of a corporation that carried out the work. � other [describe] |
I, ______(name of person making declaration) declare that the information provided on this form is true and correct.
__________________________________
Signature of person making declaration
_____________________
Date
* If there is insufficient space, please use, and attach, a separate page.
[r. 53]
No. ............
Surname (Block letters) .........................................................................................
Other names (in full) ..............................................................................................
Address ..................................................................................................................
Town or suburb and postcode ................................................................................
It is alleged that you committed an
At ............................................................ on the ................ day of ...................................................... 2000 | |
Section/Regulation............................................................... Description of offence ......................................................... .............................................................................................. | |
$ | |
Date: .................................................................................... Issued at: ............................................................................. By: ....................................................................................... Signature of authorised person: .......................................... |
WHAT YOU MUST DO:
PAY THE MODIFIED PENALTY TO: | |
If you wish to do so but are unable to make payment within 21 days you may apply to the Department for an extension of time within which the modified penalty may be paid. | |
IF YOU DO NOT PAY THE MODIFIED PENALTY | |
|
[r. 54]
No. ............
Surname (Block letters) .........................................................................................
Other names (in full) .............................................................................................
Address ..................................................................................................................
Town or suburb and postcode ................................................................................
Infringement Notice No. ......................... Date ...... / ...... / ......
* Delete where not applicable. | ||
Date of issue: ....................................................................... Alleged offence: .................................................................. Notice number: .................................................................... | ||
Date: .................................................................................... Issued at: ............................................................................. By: ....................................................................................... Signature of prescribed person: .......................................... Title of the office held by the prescribed person: ............... | ||
No. .............................................
Photograph of authorised person
................................................................. (Name)
.................................................................. (Signature)
..................................................................
(Title of the office held by the authorised person)
................................................................... (Date of issue)
................................................................... (Date of expiry)
This is to certify that the person identified on this certificate is authorised, in accordance with section 103 of the
Signed: .......................................................................
Chief executive officer of the Department
* Delete the inapplicable.
[r. 41A]
This is a compilation of the
10 Jan 2001 p. 165‑210 | 10 Jan 2001 (see r. 2 and | |
14 Jun 2002 p. 2835‑7 | 14 Jun 2002 | |
17 Dec 2002 p. 5911‑18 | 17 Dec 2002 | |
30 Dec 2004 p. 7000 | 1 Jan 2005 (see r. 2 and | |
5 Sep 2006 p. 3623‑5 | 5 Sep 2006 | |
22 Jun 2007 p. 2877‑83 | r. 1 and 2: 22 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) | |
12 Oct 2007 p. 5510-11 | r. 1 and 2: 12 Oct 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Oct 2007 (see r. 2(b)) | |
28 Dec 2007 p. 6425-31 | r. 1 and 2: 28 Dec 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Dec 2007 (see r. 2(b)) | |
4 Apr 2008 p. 1312-13 | r. 1 and 2: 4 Apr 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Apr 2008 (see r. 2(b)) | |
23 Jun 2009 p. 2495-501 | r. 1 and 2: 23 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Jun 2009 (see r. 2(b)) | |
15 Sep 2009 p. 3599‑604 | r. 1 and 2: 15 Sep 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Sep 2009 (see r. 2(b)) | |
16 Mar 2010 p. 985 | r. 1 and 2: 16 Mar 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Apr 2010 (see r. 2(b)) | |
20 Dec 2011 p. 5411 | r. 1 and 2: 20 Dec 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Dec 2011 (see r. 2(b)) | |
20 Aug 2013 p. 3846 | r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and | |
16 Dec 2014 p. 4766 | r. 1 and 2: 16 Dec 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Dec 2014 (see r. 2(b)) | |
15 Sep 2017 p. 4794‑6 | 16 Sep 2017 (see r. 2(b)) | |
20 Feb 2018 p. 495‑501 | r. 1 and 2: 20 Feb 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Feb 2018 (see r. 2(b)) | |
30 Oct 2018 p. 4336‑45 | r. 1 and 2: 30 Oct 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Nov 2018 (see r. 2(b)) | |
8 Oct 2019 p. 3622‑3 | r. 1 and 2: 8 Oct 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Oct 2019 (see r. 2(b)) | |
SL 2020/173 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
SL 2021/173 8 Oct 2021 | 9 Oct 2021 (see r. 2(b)) | |
SL 2025/91 11 Jun 2025 | 12 Jun 2025 (see r. 2(b)) | |
Act...................................................................................................................................... 3
allocation limit............................................................................................................... 58
allocation status............................................................................................................. 58
applicable allocation status.......................................................................................... 58
application....................................................................................................................... 58
approved............................................................................................................................ 3
clause............................................................................................................................... 47
consumptive use............................................................................................................. 58
coordinate references................................................................................................. 41A
Department........................................................................................................................ 3
Department’s website................................................................................................... 58
extraction operation....................................................................................................... 58
form.................................................................................................................................... 3
Gnangara groundwater plan area............................................................................. 41A
licence......................................................................................................................... 3, 32
meter............................................................................................................................. 41A
mining operations.......................................................................................................... 58
mining tenement............................................................................................................ 58
new owner.................................................................................................................. 16(1)
permit................................................................................................................................. 3
petroleum operation...................................................................................................... 58
petroleum or geothermal title...................................................................................... 58
petroleum pipeline licence........................................................................................... 58
pipeline operation.......................................................................................................... 58
private land..................................................................................................................... 58
register............................................................................................................................. 47
section................................................................................................................................ 3
section 5C licence.......................................................................................................... 58
section 26D licence....................................................................................................... 58
volume........................................................................................................................ 61(5)
water entitlement............................................................................................ 23(1), 41A
water services licence................................................................................................... 58
water supply service...................................................................................................... 58
water year..................................................................................................................... 41A
well................................................................................................................................... 32
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