Water Agencies (Amendment and Repeal) By-laws 1995 (WA)

Case
No judgment structure available for this case.

29 December 19951 GOVERNMENT GAZETTE 6305

WATER AGENCIES (POWERS) ACT 1984

WATER AGENCIES (AMENDMENT AND REPEAL) BY-LAWS 1995

Made by the Minister under section 34 (1) of the Act.

PART 1 - PRELIMINARY

Citation

1.      Thcsc by-laws may be cited as thc Water Agencies (Amendment and Repeal)

By-laws 1995.

Commencement

2. These by-laws come into operation on the day on which Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 comes into operation, that is, on the day fixed by proclamation made under section 2 (2) of that Act.

PART 2 - CARNARVON IRRIGATION DISTRICT BY-LAWS

AMENDED

Principal by-laws

3. In this Part the Carnarvon Irrigation District By-laws* are referred to as the principal by-laws.

[* For amendments to 21 December 1995 see 1994 Index to
Published in Gazette of 2 July 1962 at pp. 1695-8.

Legislation of Western Australia, Table 4, pp. 310-12, and Gazette of 30 June 1995.1

By-law 9 amended

4. By-law 9 of the principal by-laws is amended by deleting ", including any

watercourse or the bed of any watercourse within the District,".

By-law 18 amended

5. (1) By-law 18 (2) of the principal by-laws is amended by deleting "Authority's" and substituting the following -

U 92

Corporation's

(2) By-law 18 (3) of the principal by-laws is amended by deleting
"Authority" in the first place where i t occurs and substituting the following -

i L I>

Corporation or a person authorized by the Corporation

(3) of the Aut ority" and substituting the following -

B -law 18 (5) of the principal by-laws is amended by deleting "officers

E

<L 79

the Corporation

By-law 20 amended

6.      By-law 20 (1) (b) of the principal by-laws is amended -

(a) by deleting "an off~cer

of the Authority" and substituting the

following -

<i

the Corporation "; and
(b) by deleting "that officer" and substituting the following -
G < thc Corporation 1)
6306 GOVERNMENT GAZETTE [29 December 1995

Various references to "Authority" changed to Torporation"

7. Th.c principal by-laws arc amcndcd by dclctin "Authority" where it occurs
in the provisions referred to in the table to this
following -
?, y-law and substituting the
<L 9'

Corporation

Table

PART 3 - COUNTRY AREAS WATER SUPPLY BY-LAWS 1957

AMENDED

Principal by-laws

8. In this Part the Country Areas Water Supply By-laws 1957* are referred to as the principal by-laws.

[* Reprinted as approved 1 May 1968.
For amendments to 21 December 1995 see 1994 Index to
Legislation of Western Australia, Table 4, pp. 299-302, and Gazette of 30 June 1995. l

By-law 1A amended

9.      By-law 1A (1) of the principal by-laws is amended -

(a) in the definition of "inspector" by deleting "Minister" and substituting the following -

U

Corporation or the Commission "; and
(b) in the definition of "local officer" -
(i) by inserting after "appointed" the following -
U
or authorized "; and

(ii)        by deleting "Minister" and substituting the following -

CL 3'

Corporation or the Commission

By-law 11 amended

10.               By-law 11 (2) (a) of the principal by-laws is amended by deleting

"his" and substituting the following - (1)
<L ' 9

its

"Minister's" and substituting the following - (2) By-law 11 (3) (a) of the principal by-laws is amended by deleting
<L 99

Commission's

By-laws l8 and 19 repealed

11.      By-laws 18 and 19 of the principal by-laws are repealed.

29 December 19951 GOVERNMENT GAZETTE 6307

By-law 32 amended

12. By-law 32 (1) of thc principal by-laws is amcndcd by dclcting "his" and substituting the following -

<L 79

its

By-law 40 amended

13.      By-law 40 of the principal by-laws is amended by deleting "Minister7' and

substituting the following -

<c 97

Corporation or the Commission

By-law 55 amended

14. By-law 55 of the principal by-laws is amended by deleting "and the

regulations, by-laws and directions of the Minister," and substituting the
following -

( L and with these by-laws 9 )

By-law 74 amended

15.      By-law 74 of the principal by-laws is amended by deleting "his" and

substituting the following -

d< n

its

By-law 76 amended

16. (1) By-law 76 (1) of the principal by-laws is amended -
(a) by deleting "he" and substituting the following -

<c

i t "; and
(b) by deleting "his" and substituting the following -
both places where it occurs and substituting m each place the following - (2) By-law 76 (2) of the principal by-laws is amended by deleting "he" in
By-law 77 amended
17. By-law 77 (1) of the principal by-laws is amended by deletin "An officer
appointed by the Minister for the purpose" and substituting the fo lowing - F
a The Corporation 77

By-law 77B amended

18. By-law 77B of the principal by-laws is amended by deleting "Authority's employees" and substituting the following -

( G Corporation ??

By-law 79 amended

19. By-law 79 of the principal by-laws is amended by dclcting "Local Water Supply Office." and substituting the following -

c( Corporation. S
6308 GOVERNMENT GAZETTE [29 December 1995

By-law 87 amended

20. By-law 87 of the principal by-laws is amcndcd by deleting "a workman of the Minister" and substituting the following -

L i 72

the Corporation

By-law 87F amended

21.      By-law 87F of the principal by-laws is amended in the penalty provision

following - a t the foot of sub-bylaw (3) by deleting "Authority" and substituting the
(C Corporation 99

By-law 105 amended

22. (1) By-law 105 (1) of the principal by-laws is amended by deleting "Minister" and substituting the following -

ii ?9

Corporation or the Commission

(2) By-law 105 (2) of the principal by-laws is amended by deleting "Minister" and substituting the following -

ii ?9

Corporation or the Commission

Schedule 1 amended

23.      Schedule 1 to the principal by-laws is amended in the heading -

(a) by deleting the following symbol -

i<

and

(b) by deleting "AUTHORITY OF WESTERN AUSTRALIA'' and
substituting the following -
U 7)

CORPORATION

Schedule 2 amended

24.      Schedule 2 to the principal by-laws is amended -

(a) in item 5 (b) and (c) by deleting "Authority" and substituting the

following -

61 Corporation "; and
(b) in item 6 (1) b deleting "Water Authority Act 1984" and
substituting the ollowing - Y
< L 99
Water Agencies (Powers) Act 1984

Various references to "Minister" changed to "Corporation"

25. The principal by-laws are amended by deleting "Minister" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

L i n

Corporation

29 December 19951 GOVERNMENT GAZETTE

Table

1A (1) (definitions of

"domostic
purposes" and
"private service")

4 7

(first and second

Various references to "Minister's" changed to "Corporation's"

26. The principal by-laws are amended by deleting "Minister's" where it occurs

in the provisions referred to in the table to this by-law and substituting the

following -

L< Corporation's 92

Table

Various references to "Minister" changed to "Commission"

27. The principal by-laws are amended by deleting "Minister" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

<L '3

Commission

Table

Various references to "Authority" changed to "Commission"

28. The principal by-laws are amended by deleting "Authority" where it occurs

in the provisions rcfcrrcd to in the table to this by-law and substituting the
following -

<c ' 9

Commission

Table

Various references to "Authority" changed to "Corporation"

20. The principal by-laws are amended by deleting "Authority" where it occurs

in the provisions rcfcrred to in the table to this by-law and substituting the
following -

<< '7

Corporation

GOVERNMENT GAZETTE [29 December 1995

Table

54A 77A (l)
58AA (2) 77A (2)
58A (1) (first 77A (3)
occurrence) 87A (1)
58A (2) 87A (2)

58A (5) (second

87A (3) 87B (1) 87B (2) 87C (1) 87C (2)

87D (2) 87E (1)

Various references to "Authority's" changed to "Corporation's"

30.      The principal by-laws are amended by deleting "Authority's" where it

occurs in the provisions referred to in the table to this by-law and substituting

the following -

(C Corporation's 92

Table

1A (1) (definitions of "emergency 87A (1)
work" and "multi-entry work") 87F (4)

54A

Various references to "Authority" changed to "Coordinator"

31. The principal by-laws are amended by deleting "Authority" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

U '3

Coordinator

Table

58A (1) (b)

58A (3) 58A (4) 58A (5) (first and third

occurrences)
PART 4 - COUNTRY TOWNS SEWERAGE BY-LAWS 1952 AMENDED

Principal by-laws

32. In this Part the Country Towns Sewerage By-laws 1952" are referred to as the principal by-laws.

L* Reprinted as approved 9 A ril 7968.
Legislation of Western Australia, Table 4, pp. 302-4, and Gazette For amendments to 21 g ecember 1995 see 1994 Index to
of 30 June 1995.1

By-law 11 amended

33. By-law 11 (aa) of the principal by-laws is amended by deleting "hc" and substituting the following -

29 December 19951 GOVERNMENT GAZETTE 6311

By-law 17 amended

34. By-law 17 of the principal by-laws is amended by deleting "fkom time to

time be published a t the ofice of the Minister." and substituting the
fol.lowing -

<L >?

be made available a t the offices of the Corporation.

By-law 18 amended

35. By-law 18 (a) of the principal by-laws is amended by deleting
"Department" and substituting the following -

<c I7

Corporation

By-law 18F amended

36. By-law 18F is amended in the penalty provision at the foot of sub- bylaw (3) by deleting "Authority" and substituting the following -

<c >9

Corporation

By-law 33 amended

37. By-law 33 of the principal by-laws is amended by deleting "under the hand of the Minister." and substituting the following -

U 39

by the Corporation.

By-law 35 amended

38.      By-law 35 of the principal by-laws is amended -

in paragraph (a) by deleting "employees of the Department" and

substituting the following -

U n. ?

officers or agents of the Corporation

in paragraph (c) by deleting "under the hand of the Minister."

and substituting the following -

(6

from the Corporation.

in paragraph (d) by deleting "under the hand of the Minister"
and substituting the following -

X . 7
<<

from the Corporation

in paragraph (g) by deleting "employees of the Department" and
substituting the following -

"; and
G n

officers or agents of the Corporation

By-law 36 amended

39.               By-law 36 (1) (b) of thc principal by-laws is amended by dclcting

"his" and substituting the following - (1)
<c 79

its

(2) By-law 36 (3) of the principal by-laws is amended
(a) in paragraph (b) by deleting "his" and substituting the following -
(b) in paragraph (0 by deleting "his" and substituting the following -

66   37.

its

GOVERNMENT GAZETTE [29 December 1995

in paragraph (g) by deleting "under the hand of the Minister."

and substituting the following -

<( from thc Corporation.

in paragraph (1) by deleting "his" and substituting the
following -

n .
7
<( 1).
its 7

in paragraph (n) by deleting "he" and substituting the

following -

in paragraph (0) by deleting "his" in both,places where it occurs

and substituting in each place the follomng -

in paragraph (p) by deleting "him" and substituting the

following -

U

it "; and

in paragraph (S) by deleting "his" in both places where it occurs

and substituting in each place the following -

By-law 46 amended

40. By-law 46 of the principal by-laws is amended by deleting "Minister or his responsible officer." and substituting the following -

( C Corporation. 29

By-law 49 amended

41.      By-law 49 of the principal by-laws is amended -

(a) by inserting after the by-law designation "49." the sub-bylaw

designation "(l)";

(b) by deleting "Authority" in the first place where it occurs and
substituting the following -
G< Corporation '?; and
(c) by deleting "Authority" in the second place where it occurs and

substituting thc following -

??

Coordinator

By-law 63 amended

42. By-law 53 of the principal by-laws is amended by deleting "responsible officer of the Minister.'? and substituting the following -

(c Corporation. 7)

By-law 59 amended

43.      By-law 59 of the principal by-laws is amended -

(a) by deleting "responsible officer of the Minister" and substituting

the following -

< L Corporation "; and
29 December 19951 GOVERNMENT GAZETTE
(b) by deleting "him." and substituting the following -

By-law 67 amended

44. By-law 67 (1) (b) of thc principal by-laws is amended by dcloting "Department" and substituting the following -

L< Corporation 37

By-law 121 amended

45. By-law 121 of the principal by-laws is amended by deleting "he" in both places where it occurs and substituting in each place the following -

By-law 154 amended

46. By-law 154 of the principal by-laws is amended by deleting "Minister for his approval." and substituting the following -

(C Corporation for its approval. 9 )

By-law 223 amended

47.      By-law 223 (a) of the principal by-laws is amended -

(a) by deleting "him" and substituting the following -

U

it "; and
(b) by deleting "he" in the second place where it occurs and

substituting the following -

U n

it

By-law 224 amended

48.      By-law 224 (a) of the principal by-laws is amended by deleting "Water

Authority Act 1984" and substituting the following -

U 99
Water Agencies (Powers) Act 1984

By-law 230 amended

49. B -law 230 (1) of the principal by-laws is amended by deleting "workmen of the dinister" and substituting the following -

c( Corporation 19

By-law 235 amended

50. By-law 235 (1) of the principal by-laws is amended by deleting "Minister's office." and substituting the following -

L<

offices of the Corporation.

63 14 GOVERNMENT GAZETTE [29 December 1995

Schedule B amended

51.      Schcdulc B to thc principal by-laws is amended in the heading -

(a) by deleting the following symbol -

<L

and

(b) by deleting "AUTHORITY OF WESTERN AUSTRALIA" and

substituting the following -

G 3)

CORPORATION

Schedule C amended

52.      Schedule C to the principal by-laws is amended -

(a) in paragraphs (b) and (c) of Part I1 by deleting "Authority" and

substituting the following -

G

Corporation 3 9 . ?
(b) in item 1 of Part I11 by deleting "Water Authority Act 1984" and

substituting the following -

G

Water Agencies (Powers) Act 1984 "; and
(C) in item 1 of Part IV by deleting "Water Authority Act 1984" and
substituting the following -
G 99

Water Agencies (Powers) Act 1984

Various references to "Minister" changed to "Corporation"

53. The principal by-laws are amended by deleting "Minister" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

6<

Corporation

Table

2 (definition of 36 (3) (4
"Inspector") 36 (3) (4

9   36 (3) (f) 36 (3) (i) 36 (3) (W 36 (3) (1)

36 (3) (n) 36 (3) (0) 36 (3) (P)

E # I$ 36 (3) (8)

40 (2) 39 (1)
29 December 19951 GOVERNMENT GAZETTE

206 (4)
2 12
2 l 3
2 l 8
2 19
222 (1)

223 (a)

Various references to "Minister's" changed to "Corporation's"

54. The principal by-laws are amended by deleting "Minister's" where it occurs

in the provisions referred to in the table to this by-law and substituting the

following -

<c Corporation's 93

Table

Various references to "Authority" changed to "Corporation"

55. The principal by-laws are amended by deleting "Authority" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

<c Corporation U

Table

18A (1) 18F (5)
18A (2) 18G (1)
18A (3) l81 (1)
18B (1)
l81 (2) 42
18B (la)
19 (2) 49 (2)
18B (2) 2 1A 49 (3) (first
18C (1) 29 (lb) occurrence)
18C (2) 36 (1) (a) 49 (5) (second
l8D (2) 36 (2) (c) occurrence)
18E (1) 36 (3) (a) 231 (1)
l8E (2) 36 (3) (h) 231 (2)
18F (1) 36 (3) (ha) 231 (3)
18F (2) 36 (3) (hb)
18F (4) 36 (3) (t)

Various references to '4Authority's'' changed to "Corporation's"

56.      The principal by-laws are amended by deleting "Authorit 'S" where it

occurs in the provisions referred to in the table to this by-law an d' substituting
the .Following -
a Corporation's '7

Table

2 (definition of "Emergency 2 1A
work") 29 (lb)
18A (1) 36 (2) (b)
18F (4) 36 (3) (a) (vii)
63 16 GOVERNMENT GAZETTE [29 December 1995

Various references to "Authority" changed to Toordinator"

57. Thc principal by-laws are amcndcd by dclcting "Authority" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

<L ,?

Coordinator

Table

49 (3) (second, third and fourth 49 (6)
occurrences) 49 (7)

49 (4)

49 (5) (first and third occurrences)

PART 5 - HARVEY, WAROONA AND COLLIE RIVER IRRIGATION

DISTRICT BY-LAWS 1975 AMENDED

Principal by-laws

58.      In this Part the Harvey, Waroona and Collie River Irrigation District By-

laws 1975" are referred to as the principal by-laws.

[* Published in Gazette of 31 October 1975 at pp. 4057-62. For amendments to 21 December 1995 see 1994 Index to
Legislation of Western Australia, Table 4, pp. 315-16.1

By-law 3 amended

59.      By-law 3 of the principal by-laws is amended -

(a) in the definition of "annual district allocation" by deleting

"former Minister or the Authority" and substituting the

following -

(6

former Authority or the Corporation "; and

in the definition of "watering programme" by deleting "former

(b) Minister or the Authority" and substituting the following -
(6 ??

former Authority or the Corporation

By-law 3A amended

60. (1) By-law 3A of the principal by-laws is amended by deleting "Minister"
where it occurs in sub-bylaws (l), (21, (3) and (4) and subshtuting the
following -
U $9

Corporation

(2) By-law 3A (5) of the principal by-laws is amended by deleting paragraphs (a) and (b) and "or either the Minister or such Commissioners," and substituting the following -

<L 79

the Corporation

By-law 6A amended

61. By-law 6A of the principal by-laws is amended by deleting "Water

Authority" and substituting the following -

<< 1)

Water Agcncics

29 December 19951 GOVERNMENT GAZETTE

Second Schedule amended

62.      Thc Sccond Schcdulc to the principal by-laws is amended -

(a)

in the headings to Forms 1, 2 and 3 by deleting "Water Authority" and substituting the following -

c( Water Agencies (Powers) 97.

>

(b)

in Form 1 by deleting "Authority" and substituting the following -

c(

Corporation

17. 7

(C) in Form 2 -
(i) by deleting "AUTHORITY OF WESTERN AUSTRALIA"

and substituting the following -

G

CORPORATION "; and

(ii)        by deleting "Authority" where it occurs and substituting

the following -

<L Corporation 97.

>

and

(d) in Form 3 -
(i) by deleting "Authority" where it occurs and substituting

the following -

<L Corporation "; and

(ii)        by deleting "departmental".

Various references to "Authority" changed to "Corporation"

63. The principal by-laws are amended by deleting "Authority" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

U Corporation ),

Table

PART 6 - LAND DRAINAGE BY-LAWS 1986 AlMENDED

Various references to "Authority" changed to "Corporation"

64. The Land Drainage By-laws 1986" are amended by deleting "Authorjty"

whcrc it occurs in thc provisions refcmcd to in thc table to this by-law and
substituting thc following -

<< >,

Corporation

63 18 GOVERNMENT GAZETTE [29 December 1995

Table

[* For amendments to 21 December 1995 see 1994 Index to Published i n Gazette of 27 June 1986 at pp. 2136-7.
Legislation of Western Australia, Table 4, p. 304.1

PART 7 - METROPOLITAN WATER AUTHORITY (MISCELLANEOUS)

BY-LAWS 1982 AMENDED

Principal by-laws

65. In these by-laws the Metropolitan WaterAuthority (Miscellaneous) By-laws 1982% are referred to as the principal by-laws.

[* Published in Gazette of 18 June 1982 at pp. 2025-9.
For amendments to 21 December 1995 see 1994 Index to
Legislation of Western Australia, Table 4, pp. 305-7, and Gazette of 30 June 1995.1

By-law 3 amended

66. By-law 3 of the principal by-laws is amended in the definition of "land" by deleting "Authority" and substituting the following -

U 97

Agencies (Powers)

By-law 9 amended

67.      By-law 9 (1) (a) of the principal by-laws is amended by deleting "Authority"

and substituting the following -

<c 9 )

Agencies

By-law 24 amended

68.      By-law 24 (3) of the principal by-laws is amended by deleting "Authority"

and substituting the following -
<c 79

Agencies

Schedule 1 amended

69.      Schedule 1 to the principal by-laws is amended -

(a) by deleting the following symbol -

< L

and

(b) by deleting "AUTHORITY OF WESTERN AUSTRALIA'' and

substituting the following -

L1 79

CORPORATION

29 December 19951 GOVERNMENT GAZETTE 63 19

Schedule 5 amended

70. Schcdulc 5 to the principal by-laws is amcnded by dclcting "Managing Director of the Authority' and substituting the following -

<L 93

Chief executive officer of the Corporation

Schedule 6 amended

71.      Schedule 6 to the principal by-laws is amended -

(a) in item 2 (1) by deleting "Authority" and substituting the following -

G

Agencies (Powers) 39. 9
(b) in item 5 (b) by deleting "Authority" and substituting the

following -

G Corporation "; and
(C) in item 5 (c) by deleting "Authority" and substituting the
following -
<L Corporation 92

Various references to "Authority" changed to "Corporation"

72. The principal by-laws are amended by deleting "Authority" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

U n

Corporation

Table

PART 8 - METROPOLITAN WATER SUPPLY, SEWERAGE, AND

DRAINAGE BY-LAWS 1981 AMENDED

Principal by-laws

73. In this Part the Metropolitan Water Supply, Sewerage and Drainage By-laws 1981* are referred to as the principal by-laws.

[* Reprinted as at 7 November 1986.
For amendments to 21 December 1995 see 1994 Index to
Legislation of Western Australia, Table 4, pp. 307-8, and Gazettes
of 23 June and 30 June 2995.1

By-law 1.1 amended

74.      By-law 1.1 of the principal by-laws is amended -

(a) by deleting the definition of "Chief Engineer";
(b) in the definition of "Domestic Purposcs" by dclcting "scction 90

of the Act or non-rated" and substituting the following -

(6

the Water Agencies (Charges) By-laws 1987 or exempt 79.
7

and

GOVERNMENT GAZETTE [29 December 1995

(C)

in the definition of "Production Well" by deleting "and conveyed by pipeline to a water treatment plant." and substituting the following -

(d for the provision of a public water supply ' 9

By-law 1.2 repealed

75.      By-law 1.2 of the principal by-laws is repealed.

By-law 2.2 amended

76. (1) By-law 2.2.3 of the principal by-laws is amended -
(a) by deleting "Board's" and substituting the following -
G Corporation's or the Commission's "; and

(b)

by deleting "Board" in both places where it occurs and substituting in each place the following -

G Corporation or the Commission as the case requires ".
crossing points" and substituting the following - (2) By-law 2.2.5 of th! pencipal by-laws is amended by deleting "approved
U
crossing points approved by the Corporation or the Commission and 7>
crossing points" and substituting the following - (3) By-law 2.2.6 of th! pencipal by-laws is amended by deleting "approved
G
crossing points approved by the Corporation or the Commission and 7>

By-law 2.3 amended

77.    (l) By-law 2.3.3 of the principal by-laws is amended -

(a) by deleting "Board's" and substituting the following -
( L Corporation's or the Commission's "; and
(b) by deleting "Board" and substituting the following -

U

Corporation or the Commission as the case rcquircs ".
(2) By-law 2.3.9 of the principal by-laws is amended -
(a) by deleting "Board" in the third place where it occurs and

substituting thc following -

LL

Corporation or the Commission as the case requires ";

and

(b) by deleting ('it" and substituting the following -
I< ?>

the Corporation or the Commission

Rangers or other authorized employees7' and substituting the following - (3)

By-law 2.3.10 of the principal by-laws is amended by deleting "Board's

officers of the Corporation or the Commission or other authorized
persons

29 December 19951 GOVERNMENT GAZETTE 6321

By-law 4.1 amended

78. By-law 4.1.1 of thc principal by deleting "Part 4 of the

Board's by-laws" and substituting

<L 23

this Part

By-law 4.2 amended

79.      By-law 4.2.1 of the principal by-laws is amended -

(a) by deleting "or for the purpose of'; and
(b) by deleting "and located within or in the vicinity of the Darling

Range".

By-law 4.3 amended

80.               By-law 4.3.5 of the principal by-laws is amended by inserting after

"fire" in the first place where it occurs the following - (1)
U '3

on Crown land

By-law 4.3.6 of the principal by-laws is amended by inserting after

"enter" the following - (2)
U 3'

Crown land within

By-law 4.6 amended

81.      By-law 4.6.5.2 is amended -

(a) by deleting paragraph (b) and substituting the following paragraph -

< L

(b) impervious containment structure or membrane Every underground tank shall be installed in an

approved by the Commission that is capable of

preventing any leakage from the tank. 73.
and
(b) in paragraph (c) by inserting after "petroleum" the following -
< L 9'

products

By-law 4.10 amended

82. (1) By-law 4.10.3.1 of the principal by-laws is amended
(a) by deleting "authorized officers of the Board" and substituting

the following -

U

pcrsons authorizcd by the Commission "; and
(b) by deleting "Board's" and substituting the following -
and substituting the following - (2) By-law 4.10.3.2 of the principal by-laws is amended by deleting "officer"
G 7?

pcrson

6322 GOVERNMENT GAZETTE [29 December 1995

By-law 5.4 amended

83. By-law 5.4.2 of the principal by-laws is amended by deleting "un.der approved conditions" and substituting the following -

<L 77

with the approval of the Commission

By-law 5.5 amended

84.               By-law 5.5.3 of the principal by-laws is amended by inserting after

"officers" the following - (1)
<c 77

or authorized agents

(2) By-law 5.5.4 (b) of the principal by-laws is amended by deleting

"approved impervious containment structures or membranes" and substituting

the following -

<L

impervious containment structures or membranes approved by the

Commission I9
containment structures." and substituting the following - (3) By-law 5.5.5 of the principal by-laws is amended by deleting "approved
G I7

containment structures approved by the Commission.

By-law 5.6 amended

85. By-law 5.6.1 of the principal by-laws is amended in the definition of

"plans" by deleting "Authority in Leederville, Joondalup and Fremantle" and
substituting the following -

(C >9

Commission

By-law 6.5 amended

86. By-law 6.5.2.1 (d) of the principal by-laws is amended by deleting
"Authority" and substituting the following -

(G Agencies 9)
By-law 6.7 amended

87. By-law 6.7.3 of the principal by-laws is amended by deleting "Board's employees" and substituting the following -

U 77

Corporation

By-law 11.2 amended

88. By-law 11.2 of the principal by-laws is amended by deleting "Where

specified in this by-law, elsewhere in these by-laws or by the Board" and
substituting the following -

U 7,

Where required by the Corporation,

By-law 15.1 amended

89. By-law 15.1 of the principal by-laws is amended by deleting paragraph (a) and substituting the following paragraph -

&C

Except with the written consent of the Corporation, only

(a) materials, fittings and fixtures that meet the requirements

of by-law 28.6.2 shall be used;

29 December 19951 GOVERNMENT GAZETTE 6323

By-law 27.5 amended

90. B -law 27.5 of the principal by-laws is amcndcd by dclcting "an offj.ccr of the Aut ority" and substituting the following -

h

( c
thc Corporation 7'

By-law 27.8 amended

91. By-law 27.8.5 of the principal by-laws is amended by deleting "Board or its responsible officer." and substituting the following -

<c 77

Corporation.

By-law 28.2 amended

92. By-law 28.2 of the principal by-laws is amended by inserting after by-law 28.2.3 the following -

<c

28.2.4 In this by-law -

"Board" means the former Metropolitan, Water Supply, Sewerage, and Drainage Board constituted under the Metropolitan Water Supply, Sewerage and

Drainage Act 1909. 7)

By-law 28.4 amended

93. By-law 28.4 (a) of the principal by-laws is amended by deleting
"employees" and substituting the following -

6   9'

officers or agents

Figure 28.17 amended

94. Figure 28.17 of the principal by-laws is amended by deleting "Boards" in both places where it occurs and substituting in each place the following -

U '3

Corporation's

By-law 30.9.4C amended

95. By-law 30.9.4C of the principal by-laws is amended in the penalty

provision a t the foot of by-law 30.9.4C.3 by deleting "Authority" and substituting
the following -

4 i 7 1

Corporation

By-law 31.2 amended

96. By-law 31.2 of the principal by-laws is amended by deleting "workmen of the Board" and substituting the following -

a Corporation '7

By-law 31.5 amended

97.      By-law 31.5.1 of the principal by-laws is amended -

(a) by deleting "acting under the Board's authority" and substituting

the following -

4 i N. ,

or othcr pcrson authorized by thc Corporation
and

GOVERNMENT GAZETTE [29 December 1995
(b) by inserting after "officer" the following -
(6 9,

or othcr pcrson

Schedule B amended

98.      Schodulc B to tho principal by-laws is amended -

in Form 1 -

(i)          by deleting "METROPOLITAN WATER SUPPLY, SEWERAGE, AND DRAINAGE BOARD" and substituting the following -

<L

WATER AND RIVERS COMMISSION 73. 7
and

(ii)         by deleting "Board" and substituting the following -

G

Commission . 3 , >

in Form 2 by deleting "Water Authority Act 1984" and

substituting the following -

G

Water Agencies (Powers) Act 1984 "; and

in Form 3 -

(i)          by deleting "METROPOLITAN WATER SUPPLY,

SEWERAGE, AND DRAINAGE BOARD" and
substituting the following -

G 73. >

WATER AND RIVERS COMMISSION
and

(ii)         by deleting -

G

Commissioner
Metropolitan Water Board
Newcastle Street
LEEDERVILLE 6007 W. AUST.
and substituting the following -
Water and Rivers Commission
Chief Executive Officer
Hyatt Centre, 87 Adelaide Terrace
EAST PERTH WA 6004

Various references to "Board" changed to "Corporation"

99. The principal by-laws are amended by deleting "Board" where it occurs in

the provisions referred to in the table to this by-law and substituting the
following -

$9

Corporation

Table

1.1 2.2.2
(definitions of 3.1.1
"Approved, 3.2.4
"Inspector", 3.2.5
"Private Service", 6.1.1 (c)
"Production 6.2.1
Well", "Trade 6.2.2
Waste") 6.2.3
2.1.1 (b) 6.2.5
2.2.1 6.2.6
29 December 19951 GOVERNMENT GAZETTE
6.3.11 18.3 28.1 (e)
6.3.12 18.8.4 (b) 28.1 (g)
6.4.2 18.12.1
6.4.3 18.20.2
6.4.6.1 18.23.2
6.4.6.2 19.2 28.1 (m)
6.4.6.3 19.3.1 (a) 28.1 (n)
6.4.6.4 19.3.1 (c) 28.1 (0)28.1 (p)
6.4.6.5 19.3.2 (b) 28.2. l (fifth
6.4.7 (b) 19.3.3 (a) occurrence)
6.5.2.1 19.4.1 28.3.1
6.5.2.2 19.7 28.3.3
6.5.2.3 20.7 28.3.5
6.7.1 20.11.1 28.3.9
6.7.4 20.11.2.3 28.3.11
6.7.5 20.11.3.1 28.4
6.7.6.2 23.1.1 28.5
6.7.6.3 23.1.2 28.6.1 (b)
8.1.4.4 24.9.2.1 28.6.3
8.3.1.2 (b) 25.1 28.6.4
8.8 (c) 25.2 28.7.1
9.10.2 25.3 28.7.2
9.10.9 25.7.1 28.7.3
11.2.1 25.7.5 28.8.1
12.5 25.7.6 (c) 28.8.6
14.2.4.1 (b) 25.8 (b) 28.8.7
14.2.4.3 (b) 25.9.1 28.9.3 (d)
14.3.1 (b) 25.9.2 28.9.1128.9.19.1
14.3.1 (d) 25.9.5 30.1.1
14.3.2 (a) (v) 25.9.6 (d) 30.2
14.4.2.2 (b) 25.10.1 30.4 (except third
14.4.2.4 (a) (v) 25.10.4.2 and sixth
14.4.2.7 (a) 25.10.5 occurrences)
14.4.2.8 25.11.1 30.5.1
14.5.4 25.11.2 30.5.2
14.6 25.12.1 30.7
15.1 (c) 25.12.3 30.8
15.1 (g) 25.14 30.10.1 (second
15.1 6 ) 26.2.1 occurrence)
15.1 (1) 26.2.2 30.11.1 (second
15.1 (m) 26.4.2 occurrence)
15.1 (r) 26.4.3 30.12
15.2 26.4.7 30.13 (a)
15.3 26.4.12 30.13 (d)
15.4.3 27.2 30.18
15.4.4 27.4 30.19.1
15.4.5 27.6 30.19.2
15.4.7 27.827.8.5 30.19.3
15.4.8 27.8.7 31.1
15.4.9.1 27.8.8 31.2 (first and
15.4.10 27.8.9 second
15.8 (b) 27.9 occurrences)
15.8 (c) 28.1 (a) 31.6
15.9 (a) 28.1 (b) 32.1.2
15.9 (b) 28.1 (c) 32.1.3
18.1 28.1 (d)

Various references to "Board" changed to "Commission"

100. The principal by-laws are amended by deleting "Board" where it occurs

in the provisions refcrrcd to in the table to this by-law and substituting the
following -

I< 99

Commission

Table

6326 GOVERNMENT GAZETTE [29 December 1995
5.2.5 5.5.2 (c)
5.4.3 5.5.2 (d)
5.4.5 5.5.2 (c)
5.4.6 5.5.2 (f)
5.4.7 5.5.2 (g)
5.4.8 5.5.3
5.4.9 5.5.4 (c)
5.5.2 (a) 5.5.4 (d)
5.5.2 (b) 5.5.5

Various references to "Board" changed to "Corporation or the
Commission"

101. The principal by-laws are amended by deleting "Board" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

<L 9'

Corporation or the Commission

Table

2.3.6 2.3.8 2.3.9 (first and

second

occurrences)

Various references to "Board's" changed to "Corporation's"

102. The principal by-laws are amended by deleting "Board's" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

L< Corporation's 9'

Table

2.1.1 (a) 15.1 (r) 28.1 (a)
3.2.1 (a) 15.4.6 28.1 (b)
6.2.4 15.4.7 28.1 (i)
6.3.6 15.4.9.1 28.1 (k)
6.3.7 15.5 28.1 (n)
6.3.8 15.8 (b) 28.3.3
6.3.9 15.8 (d) 28.3.10
6.3.11 21.2 28.3.11
6.3.12 25.7.6 28.6.1 (a)
6.4.7 (a) 25.9.1 (d) 28.7.2 (b)
6.5.2.3 25.9.2 (a) 30.5.1 (g)
6.7.6.1 27.6 30.14
15.1 (d) 27.8.9 32.1.1

Various references to "Board's" changed to uComrnission's''

103. The principal by-laws are amended by deleting "Board's" where it occurs

in the provisions referred to in the table to this by-law and substituting the
following -

<L 77

Commission's

Table

Various references to 44Authority" changed to "Corporation"

104. Thc principal by-laws arc amended by dclcting "Authority" whcrc it

occurs in the provisions referred to in the table to this by-law and substituting
the following -

c( Corporation 77
29 December 19951 GOVERNMENT GAZETTE

Table

6.5.2.2 28.1 (jc)
6.5.2.2A 28.6.2 (a)
6.7.1A.1 28.6.2 (b)
6.7.2 28.6.2 (c) (first
6.7.2A.1 occurrence)
6.7.2A.2 28.6.2 (c) (second
6.7.2A.3 occurrence)
10.1.2 (a) 30.1.2
18.13.3.1 30.4.5
20.9.4 30.9.2.1
25.5.2.2 30.9.2.2
27.3.2 30.9.2.3
27.3.3 30.9.3.1
27.6 30.9.3.1A
28.1 (ba) 30.9.3.2
28.1 (ja) 30.9.4.1
28.1 (jb) 30.9.4.2

Various references to "Authority's" changed to "Corporation's"

105. The principal by-laws are amended by deleting "Authority's" where it

occurs in the provisions referred to in the table to this by-law and substituting
the following -

&c Corporation's "

Table

27.3.3

30.9.1 (definitions of

"emergency work"
and "multi-entry
work")

Various references to "Authority" changed to "Commission"

106. The principal by-laws are amended by deleting "Authority" where it

occurs in the provisions referred to in the table to this by-law and substituting
the following -

U 9'

Commission

Table

5.6.3 (b) 5.6.7
5.6.4 (a) 5.6.8 (b)
5.6.5

Various references to "Authority" changed to "Coordinator"

107. The principal by-laws are amended by deleting "Authority" where it

occurs in the provisions referred to in the table to this by-law and substituting
the following -

I< '3

Coordinator

Table

28.6.2 (c) (second, third and fourth 28.6.2 (f)
occurrences) 28.6.2 ( )
28.6.2 (d) 28.6.2 (E)

28.6.2 (e) (first and third occurrences)

GOVERNMENT GAZETTE [29 December 1995
PART 9 - ORD IRRIGATION DISTRICT BY-LAWS AMENDED

Principal by-laws

108.      In this Part the Ord Irrigation District By-laws* are referred to as the

principal by-laws.

[* Published in Gazette of 18 July 1963 at pp. 2044-8.
For amendments to 21 December 1995 see 1994 Index to
Legislation of Western Australia, Table 4, pp. 312-14, and Gazette of 30 June 1995.1

By-law 7 amended

109.      By-law 7 (2) of the principal by-laws is amended -

(a) by deleting "Authority'? in the first and third places where i t

occurs and substituting in each place the following -

<L Corporation '?; and
(b) by deleting "or the Authority" and substituting the following -
G >?

, the former Authority or the Corporation

By-law 9 amended

110. By-law 9 of the principal by-laws is amended by deleting ", including any watercourse within the District,".

By-law 11A amended

111. By-law 11A (1) of the principal by-laws is amended by deleting "or the Authority.'' and substituting the following -

(C ?>
, the former Authority or the Corporation.

By-law 17 amended

112. By-law 17 of the principal by-laws is amended by deleting "his" and substituting the following -

(C ??

i ts

By-law 31A amended

113. (1) By-law 31A (3) (b) of the principal by-laws is amended -
(a) by deleting "Authority" in the first place where i t occurs and

substituting the following -

U

Corporation "; and
(b) by deleting "or the Authority" and substituting the following -
I < l'

, the former Authority or the Corporation

the following - (2) By-law 31A (4) (c) is amcndcd by deleting "Authority's" and substituting
I< '7

Corporation's

the following - (3) By-law 31A (4) (d) is amended by deleting "Authority's" and substituting
(C
Corporation's V
29 December 19951 GOVERNMENT GAZETTE 6329

Various references to "Authority" changed to Torporation"

114. Thc principal by-laws arc amcndcd by dclcting "Authority" where it

occurs in the provisions referred to in the table to this by-law and substituting
the following -

<c Corporation ,?

Table

9

PART 10 - PRESTON VALLEY IRRIGATION DISTRICT BY-LAWS

AMENDED

Principal by-laws

115. In this Part the Preston Valley Irrigation District By-laws* are referred to as the principal by-laws.

[* For amendments to 21 December 1995 see 1994 Index to Published i n Gazette of 19 December 1969 at pp. 4201-4.
Legislation of Western Australia, Table 4, pp. 314-15.1

By-law 3 amended

116.      By-law 3 of the principal by-laws is amended -

in the definition of "Approved Diverter" by deleting "or the

(a) Authority" and substituting the following -

U

, the former Authority or the Corporation "; and
(b) in the definition of "Preston River" by deleting "or the Authority"
and substituting the following -
U n

, the former Authority or the Corporation

By-law 17 amended

117.      By-law 17 of the principal by-laws is amended by deleting "Authority"

and substituting the following -

U 79

Agencies

By-law 20 amended

118. By-law 20 of the principal by-laws is amended by deleting "an officer appointed by the Authority" and substituting the following -

<L 9,

the Corporation

By-law 21 amended

119. By-law 21 of the principal by-laws is amended by deleting "Authority" and substituting the following -

<< P>

Corporation or a pcrson authorized by the Corporation

6330 GOVERNMENT GAZETTE [29 December 1995

By-law 22 amended

120. (1) By-law 22 (1) of thc principal by-laws is amcndcd by dclcting "Authority or a n officer of the Authority" and substituting the following -

<L Corporation 92
or a n officer of the Authority" and substituting the following - (2) By-law 22 (2) of the principal by-laws is amended by deleting "Authority
<c
Corporation 99

By-law 23 amended

121. By-law 23 of the principal by-laws is amended by deleting "local Water Supply Office" and substituting the following -

L< Corporation )9

Various references to "Authority" changed to "Corporation"

122.      The principal by-laws are amended by deleting "Authority" where it

occurs in the provisions referred to in the table to this by-law and substituting

the following -

G( Corporation 92

Table

PART 11 - WATER AUTHORITY (CHARGES) BY-LAWS 1987
AMENDED

Principal by-laws

123. In this Part the Water Authority (Charges) By-laws 1987% are referred to as the principal by-laws.

L* For amendments to 21 December 1995 see 1994 Index to Published i n Gazette of 14 July 1987 at pp. 2658-72.
Legislation of Western Australia, Table 4, pp. 316-18, and Gazette of 2 June, 30 June and 17 November 1995.1

By-law 1 amended

124. By-law l of the principal by-laws is amended by dclcting c'Authority" and substitutmg thc followmg -

<L n

Agencies

By-law 26A amended

125. By-law 25A (4) of the principal by-laws is amended by deleting "Authority's" and substituting the following -

(C Corporation's 99
29 December 19951 GOVERNMENT GAZETTE 6331

Schedule 1 amended

126. Schcdulc l to thc principal by-laws is amcndcd in Part 3 of Divisj.on 1 in
items 8 (0 and 9 (a) and (b) by deleting "Authority" where it occurs and substituting the following -
<L Corporation 99

Schedule 2 amended

127. (1) Schedule 2 to the principal by-laws is amended in Part 1 in items 4

and 5 by deleting "Authority" where it occurs and substituting the following -

L< Corporation )9
and 3 by deleting "Authority" whcrc it occurs and substituting the following - (2) Schedule 2 to the principal by-laws is amended in Part 3 in items 1, 2
C '
Corporation )9

Schedule 7 amended

128. Schedule 7 to the principal by-laws is amended in item 1 by deleting 'Water Authority" and substituting the following -

C ' Corporation )9

Various references to "Authority" changed to "Corporation"

129. The principal by-laws are amended by deleting "Authority" where it

occurs in the provisions referred to in the table to this by-law and substituting
the following -

C ' Corporation )9

Table

Various references to "Water Authority Act 1984" changed to "Water

Agencies (Powers) Act 1984"

130.      The principal by-laws are amended by deleting "Water Authority Act

1984" where it occurs in the provisions referred to in the table to this by-law and

substituting the following -

L( 9 )
Water Agencies (Powers) Act 1984
GOVERNMENT GAZETTE [29 December 1995

Table

PART 12 - WATER AUTHORITY (COMMON SEAL) BY-LAWS 1985

REPEALED

Repeal

131.     The Water Authority (Common Seal) By-laws 1985 are repealed.

PETER FOSS, Minister for Water Resources.

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