Water Legislation Amendment Act 1997 (WA)

WESTERN AUSTRALIA

WATER LEGISLATION

AMENDMENT ACT 1997

No. 32 of 1997

AN ACT to amend the —

Country Areas Water Supply Act 1947;

Metropolitan Water Supply, Sewerage, and

Drainage Act 1909;

Rights in Water and Irrigation Act 1914;

Water Agencies (Powers) Act 1984; and

Water Services Coordination Act 1995.

[Assented to 3 October 1997.]

The Parliament of Western Australia enacts as follows:

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Water Legislation Amendment Act 1997

s. 1

PART 1 — PRELIMINARY

Short title

1. This Act may be cited as the Water Legislation Amendment

Act 1997.

Commencement

2. The provisions of this Act come into operation on such day as

is, or days as are respectively, fixed by proclamation.

Water Legislation Amendment Act 1997

[No. 32

s. 3

PART 2 — COUNTRY AREAS WATER SUPPLY ACT 1947

Principal Act

3. In this Part the Country Areas Water Supply Act 1947* is

referred to as the principal Act.

[* Reprinted as at 27 May 1996.

For subsequent amendments see Acts Nos. 14 and 81 of 1996.]

Section 45 amended

4. Section 45 of the principal Act is amended —

(a)	in subsection (1) —

(i) bydeleting‘‘issuppliedwithwaterbythe Corporation and who’’; and

(ii) inparagraph(d)bydeleting‘‘belongingtothe Corporation’’;

(b)	bydeletingthepenaltyprovisionatthefootof subsection (1) and substituting the following —

‘‘

Penalty:	For an individual — $10 000.
For a body corporate — $20 000.

’’;

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Water Legislation Amendment Act 1997

s. 4

(c)	by repealing subsections (2) and (3) and substituting the following subsections —

‘‘

(2) If a person is convicted of an offence against this section or section 46, the court sentencing the person for the offence may make an order requiring the person to pay to the Corporation or the Commission, as the case requires, the reasonable costs of and incidental to any measurement, testing, analysis or other matter undertaken in connection with the investigation of the offence and the provision of evidence.

(3)	The amount payable under an order —

(a)	is to be fixed by the court; and
(b)	may be recovered as a debt due in a court of competent jurisdiction.

(3a) An order does not affect any civil remedy the Corporation or Commission may have against the person convicted.

(3b) An order is in addition to any compensation order made by the court under Part 16 of the Sentencing Act 1995.

(3c) For the purposes of making a compensation order under Part 16 of the Sentencing Act 1995 against a person convicted of an offence against this section or section 46, the value of any water unlawfully taken, wasted, misused, unduly consumed, contaminated or diverted is to be determined on the basis of the charge that would have been payable for the

Water Legislation Amendment Act 1997

[No. 32

s. 5

water under the Water Agencies (Powers) Act 1984 if the water had been lawfully taken or used.

’’;

and

(d)	byinsertingaftersubsection(4)thefollowing subsection —

‘‘

(5) In this section, unless the contrary

intention appears —

‘ ‘order’ ’ means an order under

subsection (2).

’’.

Section 46 amended

5. Section 46 of the principal Act is amended —

(a)	insubsection(1)bydeleting‘‘belongingtothe Corporation’’; and
(b)	bydeletingthepenaltyprovisionatthefootof subsection (1) and substituting the following —

‘‘

Penalty: For an individual — $10 000 or

imprisonment for 2 years, or both.

For a body corporate — $20 000.

’’.

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Water Legislation Amendment Act 1997

s. 6

Section 46A inserted

6. After section 46 of the principal Act the following section is

inserted —

‘‘

Evidentiary provision

46A. In proceedings for an offence against section 45 if it is proved that at a particular time —

(a)	any act or thing was done on particular land for the purpose of taking water or with the result that water was wasted;
(b)	water was taken, used or consumed on particular land; or
(c)	water was diverted to particular land,

it is to be presumed, unless the contrary is proved, that the owner or occupier of the land at that time did the act or thing, or took, used, consumed or diverted the water, as the case requires.

’’.

Water Legislation Amendment Act 1997

[No. 32

s. 7

PART 3 — METROPOLITAN WATER SUPPLY, SEWERAGE,

AND DRAINAGE ACT 1909

Principal Act

7. In this Part the Metropolitan Water Supply, Sewerage, and

Drainage Act 1909* is referred to as the principal Act.

[* Reprinted as at 28 May 1996.

For subsequent amendments see Acts Nos. 14 and

81 of 1996.]

Section 52 amended

8. Section 52 of the principal Act is amended —

(a)	by deleting ‘‘supplied with water by the Corporation’’; and
(b)	bydeletingthepassagebeginning‘‘heshallforfeit’’ and ending ‘‘unduly consumed.’’ and substituting the following —

‘‘

the person commits an offence.

Penalty:	For an individual — $10 000.
For a body corporate — $20 000.

’’.

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Water Legislation Amendment Act 1997

s. 9

Section 53 amended

9. Section 53 of the principal Act is amended —

(a)	by deleting ‘‘supplied with water by the Corporation’’; and
(b)	bydeletingthepassagebeginning‘‘heshallforfeit’’ and ending ‘‘shall continue.’’ and substituting the following —

‘‘

the person commits an offence.

Penalty:	For an individual — $10 000.
For a body corporate — $20 000.

’’.

Section 54 amended

10. Section 54 of the principal Act is amended by deleting the

passage beginning ‘‘he shall forfeit’’ and ending ‘‘such forfeited

sum.’’ and substituting the following —

‘‘

the person commits an offence.

Penalty:	For an individual — $10 000.
For a body corporate — $20 000.

’’.

Water Legislation Amendment Act 1997

[No. 32

s. 11

Section 55 amended

11. Section 55 of the principal Act is amended —

(a)	by deleting ‘‘belonging to the Corporation’’; and
(b)	by deleting ‘‘he shall forfeit and pay to the Corporation a sum not exceeding $1 500.’’ and substituting the following —

‘‘

the person commits an offence.

Penalty:

For an individual — $10 000.

For a body corporate — $20 000.

’’.

Section 56 amended

12. Section 56 of the principal Act is amended —

(a)	by deleting ‘‘belonging to the Corporation’’; and
(b)	bydeleting‘‘isguiltyofamisdemeanour.’’andthe penalty provision at the foot of the section and substituting the following —

‘‘

commits an offence.

Penalty:	For an individual — $10 000 or imprisonment for 2 years, or both.
For a body corporate — $20 000.

’’.

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Water Legislation Amendment Act 1997

s. 13

Sections 56A and 56B inserted

13. After section 56 of the principal Act the following sections

are inserted —

‘‘

Recovery of moneys by Corporation

56A. (1) If a person is convicted of an offence against section 52, 53, 54, 55 or 56, the court sentencing the person for the offence may make an order requiring the person to pay to the Corporation the reasonable costs of and incidental to any measurement, testing, analysis or other matter undertaken in connection with the investigation of the offence and the provision of evidence.

(2)	The amount payable under an order —

(a)	is to be fixed by the court; and
(b)	may be recovered as a debt due in a court of competent jurisdiction.

(3) An order does not affect any civil remedy the

Corporation may have against the person convicted.

An order is in addition to any compensation order

made by the court under Part 16 of the Sentencing

Act 1995.

(4)

For the purposes of making a compensation order under Part 16 of the Sentencing Act 1995 against a person convicted of an offence against section 52, 53, 54, 55 or 56, the value of any water unlawfully taken, wasted, misused, unduly consumed or contaminated is to be determined on the basis of the charge that would have been payable for the water under the Water Agencies (Powers) Act 1984 if the water had been lawfully taken or used.

(5)

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s. 14

(6) In this section, unless the contrary intention

appears —

‘‘order’’ means an order under subsection (1).

Evidentiary provision

56B. In proceedings for an offence against section 52, 53, 54 or 55 if it is proved that at a particular time —

(a)	any act or thing was done on particular land for the purpose of taking water or with the result that water was wasted; or
(b)	water was taken, used or consumed on particular land,

it is to be presumed, unless the contrary is proved, that the owner or occupier of the land at that time did the act or thing, or took, used or consumed the water, as the case requires.

’’.

Section 147A repealed

14. Section 147A of the principal Act is repealed.

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Water Legislation Amendment Act 1997

s. 15

PART 4 — RIGHTS IN WATER AND IRRIGATION

ACT 1914

Principal Act

15. In this Part the Rights in Water and Irrigation Act 1914* is

referred to as the principal Act.

[* Reprinted as at 2 April 1996.

For subsequent amendments see Acts Nos. 14, 49 and

81 of 1996.]

Section 39A amended

16. Section 39A of the principal Act is amended —

(a)	by inserting after the section designation ‘‘39A.’’ the subsection designation ‘‘(1)’’;
(b)	by deleting the penalty provision at the foot of the section and substituting the following —

‘‘

Penalty:	For an individual — $20 000.
For a body corporate — $50 000.

’’;

and

(c)	by inserting the following subsections —

‘‘

(2) If a person is convicted of an offence against subsection (1) or section 39C, the court sentencing the person for the offence may make an order requiring the person to pay to the Corporation the reasonable costs of and

Water Legislation Amendment Act 1997

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s. 16

incidental to any measurement, testing, analysis or other matter undertaken in connection with the investigation of the offence and the provision of evidence.

(3)	The amount payable under an order —

(a)	is to be fixed by the court; and
(b)	may be recovered as a debt due in a court of competent jurisdiction.

An order does not affect any civil remedy

the Corporation may have against the person

convicted.

(4)

(5) An order is in addition to any compensation order made by the court under Part 16 of the Sentencing Act 1995.

(6) For the purposes of making a compensation order under Part 16 of the Sentencing Act 1995 against a person convicted of an offence against subsection (1) or section 39C the value of any water unlawfully taken is to be determined on the basis of the charge that would have been payable for the water under the Water Agencies (Powers) Act 1984 if the water had been lawfully taken.

(7) In this section, unless the contrary

intention appears —

‘ ‘order’ ’ means an order under

subsection (2).

’’.

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Water Legislation Amendment Act 1997

s. 17

Section 39B inserted

17. After section 39A of the principal Act the following sections

are inserted —

‘‘

Evidentiary provision

39B. In proceedings for an offence against section 39A (1) if it is proved that at a particular time water was unlawfully taken on particular land, it is to be presumed, unless the contrary is proved, that the water was taken by the person who was at that time the owner or occupier of the land.

Fraudulent taking of water

39C. Any person who fraudulently takes or causes to be taken any water from irrigation works belonging to or vested in the Corporation, or from any conduit, channel or water-course leading to or from any such works, commits an offence.

Penalty:

For an indiv idual — $20 000 or

imprisonment for 2 years, or both.

For a body corporate — $50 000.

’’.

Water Legislation Amendment Act 1997

[No. 32

s. 18

PART 5 — WATER AGENCIES (POWERS) ACT 1984

Section 34 amended

18. Section 34 (3) of the Water Agencies (Powers) Act 1984* is

amended —

(a)	in paragraph (f) by deleting ‘‘, water’’; and
(b)	byinsertingafterparagraph(f)thefollowing paragraph —

‘‘

(fa) prohibit, impose restrictions on or

otherwise regulate the use of water;

’’.

[* Reprinted as at 30 April 1996.

For subsequent amendments see Acts Nos. 78 of 1995 and 12 and 14 of 1996.]

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Water Legislation Amendment Act 1997

s. 19

PART 6 — WATER SERVICES COORDINATION ACT 1995

Schedule 2 amended

19. Schedule 2 to the Water Services Coordination Act 1995* is

amended —

(a)	inPart2,undertheheading‘‘MetropolitanWater

Supply, Sewerage and Drainage Act 1909’’, by inserting

below ‘‘s. 56’’ the following —

‘‘ s. 56A ’’; and

(b)	in Part 5 by inserting below ‘‘s. 38’’ the following —

‘‘

s. 39A s. 39C

’’.

[* Act No. 72 of 1995.

For subsequent amendments see Act No. 12 of 1996.]

By Authority: JOHN A. STRIJK, Government Printer