Soil and Land Conservation Amendment Regulations 1992 (WA)

5 May 19921 GOVERNMENT GAZETTE, WA 1885

AGRICULTURE

AG301

SOIL AND LAND CONSERVATION ACT 1945

SOIL AND LAND CONSERVATION AMENDMENT

REGULATIONS 1992

Made by His Excellency the Governor in Executive Council.

Citation

1.     These regulations may be cited as the Soil and Land Conservation

Amendment Regulations 1992.

Commencement

2.      These regulations shall come into operation on 1 May 1992.

Principal regulations

3.      In these regulations the Soil and Land Conservation Regulations 1984*

are referred to as the principal regulations.

[* Published in the Gazette of 15 June 1984 at p.1651.

For amendments to 20 March 1992 see 1990 Index to Legislation of Western Australia, p.366 and Gazettes of 3 May, 4 October and 29 November 1991.1

Regulation 5 repealed and
a regulation substituted

4.      Regulation 5 of the principal regulations is repealed and the following

regulation is substituted —

Notice of intention to drain or pump water

it

5. (1) When an owner or occupier of land proposes to drain or pump water from under the land surface because of the salinity of the land or the water and to discharge that water onto other land, into other water or into a watercourse, the owner or occupier shall, at least 90 days before the draining or pumping commences, notify the Commissioner in writing in the manner set forth in Form 1 in Schedule 4.

the salinity of that other land or water.

(2)

An owner or occupier of land who Oyes notice to the Commissioner in accordance with subregulation (1) but fails to commence draining or pumping water within the period of 2 years from the date of the notice, is required, at least 90 days before he or she proposes to drain or pump water, to give notice, in accordance with subregulation (1), to the Commissioner for re- assessment.

(3)

An owner or occupier who discharges water without

having notified the Commissioner in accordance with
subregulations (1) or (2) commits an offence.

Penalty: $2 000.

(4)

On receiving a notice under subregulation (1), the Commissioner shall send a copy of the notice to any Public

Authority or district committee that is or may be concerned with 11

1886 GOVERNMENT GAZETTE, WA [5 May 1992

Regulation 6 inserted

5. After regulation 5 of the principal regulations the following regulation is
inserted -

Notice of intention to drain or pump water in the Peel-Harvey Catchment Area

44

6. (1) When an owner or occupier of land situated in the area set out in Figure 1 of Appe ndix 1 to the Statement of Planning Policy No. 2* known as the Peel-Harvey Catchment Area proposes to drain or pump water from, on or under the land and to discharge that water onto other land, into other water or into a watercourse, whether within the area or outside the area, the owner or occupier shall, at least 90 days before draining or pumping commences, notify the Commissioner in writing in the manner set forth in Form 2 in Schedule 4.

An owner or occupier of land who gives notice to the from the date of the notice, is required, at least 90 days before he or she proposes to drain or pump water to give notice, in accordance with subregulation (1), to the dommissioner for re- assessment.

Commissioner in accordance with subregulation (1) but fails to commence draining or pumping water within the period of 2 years (2)

An owner or occupier who discharges water without subregulations (1) or (2) commits an offence.

having notified the Commissioner in accordance with (3)

Penalty: $2000.

Commissioner shall send a copy of the notice to any Public (4) On receiving a notice under subregulation (1) the

Authority or district committee that is or may be concerned with the condition of that other land or water.

[* Prepared under section 5AA of the Town Planning	and Development Act 1928 and published in the
Gazette of 21 February 1992 at pp.947-955.1 ly

Schedule 4 repealed and a Schedule substituted

6. Schedule 4 to the principal regulations is repealed and the following

Schedule is substituted -

SCHEDULE 4

FORM 1

(Reg. 5)

SOIL AND LAND CONSERVATION ACT 1945

SOIL AND LAND CONSERVATION REGULATIONS 1984

NOTICE OF INTENTION TO DRAIN OR

PUMP WATER FROM LAND UNDER REGULATION 5

To: The Commissioner of Soil and Land Conservation

Department of Agriculture
Baron-Hay Court

South Perth WA 6151

I	..................................(full name, block letters)
of	........................................(postal address)

propose to drain/pump water from about ................hect.ares

of land in the municipality of ..............................

being.................................................

(the land's title description) and being .........................

km ...........(N,S,E or W) of ...........................

5 May 19921 GOVERNMENT GAZETTE, WA 1887

(siding or townsite) and to discharge the water ..................

(describe land, water, watercourse or lake onto or into which the	water is to be discharged) as indicated on the plan below.
The draining/pumping will commence on or about ............

and will continue for ...............(period).

I am the owner/occupier/owner and occupier* of this land.

Signed ..........................Date ............

* Delete as appropriate.

Plan

(Show the direction of north, the land to be drained, the title description of the land and adjoining locations, any adjacent public roads and where the water is to be discharged.)

(SPACE FOR PLAN)

FORM 2

(Reg. 6)

SOIL AND LAND CONSERVATION ACT 1945

SOIL AND LAND CONSERVATION REGULATIONS 1984

NOTICE OF INTENTION TO DRAIN OR

PUMP WATER FROM LAND WITHIN THE

PEEL-HARVEY CATCHMENT AREA

To:	The Commissioner of Soil and Land Conservation Department of Agriculture Baron-Hay Court
South Perth WA 6151
I	..................................(full name, block letters)
of	........................................(postal address)

propose to drain/pump water from about ................hectares

of land in the municipality of ..............................

bein .. . .. ... ... ...) .. . ... . . ..

(the l gand ..'s t itle d escr iption an d bein g ............................... ..................

(siding or townsite) and to discharge the water .................. km ...........(N,S,E or W) of ...........................

(describe land, water, watercourse or lake onto or into which the	water is to be discharged) as indicated on the plan below.
The draining/pumping will commence on or about ............

and will continue for ...............(period).

I am the owner/occupier/owner and occupier* of this land.

Signed ..........................Date ............

* Delete as appropriate.

1888 GOVERNMENT GAZETTE, WA [5 May 1992

Plan

(Show the direction of north, the land to be drained, the title description of the land and adjoining locations, any adjacent public roads and where the water is to be discharged.)

(SPACE FOR PLAN)

By His Excellency's Command,

M. C. WAUCHOPE, Clerk of the Council.