Water Boards Act Amendment Act 1953 (WA)

No. 32.] Water Boards. [1953.

WATER BOARDS.

2° Elizabeth II., No. XXXII.

No. 32 of 1953.

AN ACT to amend the Water Boards Act, 1904-1951.

[Assented to 18th December, 1953.]

BE it enacted, by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title

and citation. 1. (1) This Act may be cited as the Water

Boards Act Amendment Act, 1953.

(2) In this Act the Water Boards Act, 1904-1951,

Reprinted as

approved

Act No. 4 of 1904 as reprinted with amendments

23rd February

1951, in Vol.

to and including Act No. 10 of 1949 incorporated

5 of the

Reprinted

pursuant to the Amendments Incorporation

Acts, 1952.

Act, 1938, and as further amended by Act No.

41 of 1951,

is referred to as the principal Act.

(3) The principal Act as amended by this Act may be cited as the Water Boards Act, 1904-1953.

S. 2

amended.	2. Section two of the principal Act is amended by adding after the numerals, "76" in line twelve the letter, "C".
Ss. 76A, 76B

and 76C 3. The principal Act is amended by adding after

added.

the heading, "The Rate Book" and before section

seventy-seven the following sections:-

Interpre-

tation. 76A. In this Part

"rating year" where used in relation to a Water Board means the period of twelve months appointed by the Minister under section seventy-six B of this Act as the rating year for the Water Board.

1953.] Water Boards. [No. 32.

76B. The Minister is authorised, and is Or for

regarded as always having been authorised— g:t=latis.

(a)

to appoint a period of any twelve con- ;ffigg,' a Water Board or a class of Water Board;

(b)	to appoint different rating years for different Water Boards; and
(c)	from time to time to alter the rating year appointed for a Water Board, from one period of twelve consecutive months to another.

year of a Water Board, or the constitution of a N.tt=i;elir°.r 76C. Where after an alteration in the rating rort

Water Board for a newly-constituted Water Area, the making and levying, or adjusting, as the case requires, of a water rate for part only of a rating year becomes necessary, the Water Board may make and levy, or adjust, as the case requires, as the rate for that part, such proportion of the rate for the whole of the rating year as does not exceed the ratio which the number of days in the part of the rating year bears to the number of days in the whole of the rating year.

4.    Section seventy-nine of the principal Act is amended.

amended by adding before the word, "year" in line

two the word, "rating".

5. Section eighty-three of the principal Act is repealed

repealed and re-enacted as follows:— re-enacted.

83. Where a Water Board has made up the rate book for the Water Board's rating year, the net annual value of land from the beginning of the rating year is that shown in the rate book unless during the rating year the value so shown is altered on appeal mentioned in section eighty-seven, or on re-assessment under section ninety-three A of this Act and where that value has been so altered, the net annual value of the land for the rating year is that as so altered.

No. 32.] Water Boards. [1953.

S. 92A

amended.	6. Subsection (3) of section ninety-two A of the principal Act is amended by adding before the word, "year" where it appears in line one and again in line two the word, "rating".
S. 93
amended.	7. Section ninety-three of the principal Act is amended by adding before the word, "year" in line one the word, "rating".
S. 93A
added.	8. The principal Act is amended by adding after section ninety-three the following section:-
Cf. No. 62 of

1947, e. 69. 93A. (1) Where a Water Board has made up the rate book for the rating year and it appears to the Water Board

(a)	that because of improvements made to or erected upon land, the net annual value of the land for the rating year has become greater than that shown in the rate book; or
(b)	that because of the destruction, damage, or demolition, of improvements previ- ously standing upon the land, the net annual value of the land for the rating year has become less than that shown in the rate book;

the Water Board may, during the rating year, cause the net annual value to be re-assessed in respect of the unexpired portion of the rating year, and increase or reduce, as the case requires, the amount payable as rates in respect of the land to the extent to which the re-assessment of the net annual value justifies the increase or reduction.

(2) Where the net annual value shown in the rate book is altered under subsection (1) of this section so as to exceed the current valuation of the same land by the Local Authority, the alteration is one in respect of which an appeal may be made under section eighty-seven of this Act.

9. Section one hundred of the principal Act is repealed.

10. Section one hundred and one of the principal ?C/IsZled. Cf. NO. of 38

Act is repealed. 1936. S. 102

11.    Section one hundred and two of the principal amended.

Act is amended by deleting the words in lines one, two and three commencing with the word, "Instead" and ending with the words, "premises,".

S. 141

12.   Section one hundred and forty-one of the amended.

principal Act is amended by adding after the word, "of" in line two of paragraph (2) the words, ", and the granting of long service leave to,".

/43

13.	Section one hundred and forty-three of the reled.	S.pea
Cf. No. 30 of

principal Act is repealed.	19/8, as
amended,
as. 36 and 38.
Fifth and

14. The Fifth and Sixth Schedules of the prin- Sixth

cipal Act are repealed.