Water Agencies (Water Restrictions) By-laws 1998 (WA)

Western Australia

Water Agencies (Powers) Act 1984

Water Agencies (Water Restrictions) By-laws 1998

These regulations were repealed by the Water Agencies (Water Restrictions) By‑laws 2007 bl. 21 as at 29 Sep 2007 (see bl. 2 and Gazette 28 Sep 2007 p. 4881).

Western Australia

Water Agencies (Water Restrictions) By-laws 1998 Contents1. Citation 12. Use of water restricted 1Schedule 1 — Restrictions on watering lawns and gardens1. Interpretation 32. Stage 1 33. Stage 2 34. Stage 3 45. Stage 4 46. Stage 5 57. Stage 6 58. Stage 7 6NotesCompilation table 7

Western Australia

Water Agencies (Powers) Act 1984

Water Agencies (Powers) Act 1984

Water Agencies (Water Restrictions) By‑laws 1998

1.Citation

These by‑laws may be cited as the Water Agencies (Water Restrictions) By‑laws 1998 1.

2.Use of water restricted

• (1)

  A person must not, without the written approval of the Corporation, use water supplied by the Corporation in contravention of the stage of restrictions applicable under this by‑law.

Penalty: $500.

• (2)

  Subject to sub‑bylaw (3), the stage of restrictions designated stage 1 applies throughout the State.

• (3)

  The Corporation may, by notice published in the Gazette, specify that another stage of restrictions applies to an area of the State specified in the notice.

• (4)

  A notice under sub‑bylaw (3) must specify the day from which the stage of restrictions applies to the area, being a day not less than 48 hours after the publication of the notice in the Gazette.

• (5)

  A person does not commit an offence under sub‑bylaw (1) if —

  • (a)

    the person uses water to water a market garden or plant nursery to the minimum extent necessary to ensure the viable operation of the market garden or plant nursery; and

  • (b)

    the market garden or plant nursery is not supplied with water other than by the Corporation.

• (6)

  In this by‑law —

“stage of restrictions” means a stage of restrictions set out in Schedule 1.

[By‑law 2 amended in Gazette 29 Oct 1999 p. 5402.]

Schedule 1 — Restrictions on watering lawns and gardens

[bl. 2]

1. Interpretation

In this Schedule —

“evening period” means the period after 6.00 p.m.;

“morning period” means the period before 9.00 a.m.;

“specified” means specified in a notice under by‑law 2(3).

2. Stage 1

A person must not water a lawn or garden except by —

• (a)

  reticulation during either, but not both, the morning period or the evening period on a particular day;

• (b)

  a hand held hose with one outlet; or

• (c)

  a hand held watering can.

3. Stage 2

• (1)

  A person must not water a lawn or garden except by —

  • (a)

    reticulation during either, but not both, the morning period or the evening period —

    • (i)

      on any even numbered day of the month if the relevant property has an even street number or, where there is no street number, an even lot number; or

    • (ii)

      on any odd numbered day of the month if the relevant property has an odd street number or, where there is no street number, an odd lot number;

  • (b)

    a hand held hose with one outlet; or

  • (c)

    a hand held watering can.

• (2)

  A person must not spray a building, path, paved area or road except to the minimum extent necessary for —

  • (a)

    fire fighting;

  • (b)

    the cleaning of the building, path, paved area or road so as to avoid a threat to public health; or

  • (c)

    the construction or repair of the building, path, paved area or road.

• (3)

  A person must not fill a swimming pool except to the minimum extent necessary to maintain the proper functioning of the pool by replacing water lost through evaporation or ordinary use.

4. Stage 3

• (1)

  A person must not water a lawn or garden except by —

  • (a)

    reticulation during either, but not both, the morning period or the evening period —

    • (i)

      on any Saturday, Monday or Thursday if the relevant property has an even street number or, where there is no street number, an even lot number; or

    • (ii)

      on any Sunday, Tuesday or Friday if the relevant property has an odd street number or, where there is no street number, an odd lot number;

  • (b)

    a hand held hose with one outlet; or

  • (c)

    a hand held watering can.

• (2)

  A person must not spray a building, path, paved area or road except to the minimum extent necessary for —

  • (a)

    fire fighting;

  • (b)

    the cleaning of the building, path, paved area or road so as to avoid a threat to public health; or

  • (c)

    the construction or repair of the building, path, paved area or road.

• (3)

  A person must not fill a swimming pool except to the minimum extent necessary to maintain the proper functioning of the pool by replacing water lost through evaporation or ordinary use.

5. Stage 4

• (1)

  A person must not water a lawn or garden except by —

  • (a)

    reticulation during either, but not both, the morning period or the evening period on one or both of 2 days of the week specified in relation to the relevant property;

  • (b)

    a hand held hose with one outlet; or

  • (c)

    a hand held watering can.

• (2)

  A person must not spray a building, path, paved area or road except to the minimum extent necessary for —

  • (a)

    fire fighting;

  • (b)

    the cleaning of the building, path, paved area or road so as to avoid a threat to public health; or

  • (c)

    the construction or repair of the building, path, paved area or road.

• (3)

  A person must not fill a swimming pool except to the minimum extent necessary to maintain the proper functioning of the pool by replacing water lost through evaporation or ordinary use.

6. Stage 5

• (1)

  A person must not water a lawn or garden except by —

  • (a)

    reticulation during either, but not both, the morning period or the evening period on one day of the week specified in relation to the relevant property;

  • (b)

    a hand held hose with one outlet; or

  • (c)

    a hand held watering can.

• (2)

  A person must not spray a building, path, paved area or road except to the minimum extent necessary for —

  • (a)

    fire fighting;

  • (b)

    the cleaning of the building, path, paved area or road so as to avoid a threat to public health; or

  • (c)

    the construction or repair of the building, path, paved area or road.

• (3)

  A person must not fill a swimming pool except to the minimum extent necessary to maintain the proper functioning of the pool by replacing water lost through evaporation or ordinary use.

7. Stage 6

• (1)

  A person must not water a lawn or garden except by —

  • (a)

    a hand held hose with one outlet; or

  • (b)

    a hand held watering can.

• (2)

  A person must not spray a building, path, paved area or road except to the minimum extent necessary for —

  • (a)

    fire fighting;

  • (b)

    the cleaning of the building, path, paved area or road so as to avoid a threat to public health; or

  • (c)

    the construction or repair of the building, path, paved area or road.

• (3)

  A person must not fill a swimming pool except to the minimum extent necessary to maintain the proper functioning of the pool by replacing water lost through evaporation or ordinary use.

8. Stage 7

• (1)

  A person must not water a lawn or garden except by a hand held watering can.

• (2)

  A person must not spray a building, path, paved area or road except to the minimum extent necessary for —

  • (a)

    fire fighting;

  • (b)

    the cleaning of the building, path, paved area or road so as to avoid a threat to public health; or

  • (c)

    the construction or repair of the building, path, paved area or road.

• (3)

  A person must not fill a swimming pool.

[Schedule 1 inserted in Gazette 5 Sep 2001 p. 4965‑8.]

Notes

1          This reprint is a compilation as at 2 April 2004 of the Water Agencies (Water Restrictions) By-laws 1998 and includes the amendments made by the other written laws referred to in the following table.   The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Water Agencies (Water Restrictions) By‑laws 1998	29 Sep 1998 p. 5401‑5	29 Sep 1998
Water Agencies (Water Restrictions) Amendment By‑laws 1999	29 Oct 1999 p. 5402	29 Oct 1999
Water Agencies (Water Restrictions) Amendment By‑laws 2001	5 Sep 2001 p. 4965‑8	5 Sep 2001
Reprint 1: The Water Agencies (Water Restrictions) By‑laws 1998 as at 2 Apr 2004 (includes amendments listed above)
These regulations were repealed by the Water Agencies (Water Restrictions) By laws 2007 bl. 21 as at 29 Sep 2007 (see bl. 2 and Gazette 28 Sep 2007 p. 4881)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

evening period.................................................................................................. Sch. 1 cl. 1

morning period................................................................................................. Sch. 1 cl. 1

specified............................................................................................................ Sch. 1 cl. 1

stage of restrictions..................................................................................................... 2(6)