Water Supply, Sewerage, and Drainage Amendment and Validation Act 1981 (WA)

WESTERN AUSTRALIA.

WATER SUPPLY, SEWERAGE, AND DRAINAGE AMENDMENT

AND VALIDATION.

No. 64 of 1981.

AN ACT to amend the Water Supply, Sewerage, and Drainage Act 1912-1950 and to validate the designation of the Minister and department assisting the Minister in administering certain Acts.

[Assented to 13 October 1981.]

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:-

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

Supply, Sewerage, and Drainage Amendment and

Validation Act 1981.

(2) In this Act the Water Supply, Sewerage, and .1111,2;"

Drainage Act 1912-1950 is referred to as the principal reterggsd. illi

of 1913, 43

Act.

of 1925 and

8 of 1950.

No. 64.] Water Supply, Sewerage, and [1981.

Drainage Amendment

and Validation.

(3) The principal Act as amended by this Act may be cited as the Water Supply, Sewerage, and Drainage Act 1912-1981.

Long title

repeated and 2. The long title to the principal Act is repealed

substituted. and the following long title substituted

CC An Act to constitute the Minister

administering certain Acts relating to water supply, sewerage, drainage, and irrigation as a body corporate for the purposes of those Acts and for related purposes. " .

Section 2

repealed and 3. Section 2 of the principal Act is repealed and

substituted. the following section substituted

Minister to	CC 2. (1) For the purposes of the Acts
be body

corporate.	mentioned in the Schedule to this Act the Minister administering those Acts shall be known under such designation as is conferred on him by the Governor under the Constitution Acts Amendment Act 1899 or the Alteration of Statutory Designations Act
1974, whichever applies and under that
designation

(a)	shall be a body corporate;
(b)	shall have an official seal;
(c)	may acquire, hold and dispose of real and personal property; and
(d)	may sue and be sued in his corporate name.

The Minister may, with the approval in writing of the Treasurer, borrow moneys for the purposes of any Act set out in Part II of the Schedule.

(2)

An alteration of the designation of the Minister is hereby declared not to affect and never to have affected the corporate identity of the Minister and by force of this section

(3)

1981.] Water Supply, Sewerage, and [No. 64.

Drainage Amendment

and Validation.

the corporate identity of the Minister is continued under such designation as applies to him from time to time. " .

4. Section 3 of the principal Act is repealed and its.°leld3sn d

the following section substituted— substituted.

t t

3. (1) The Governor may by proclamation gZend	declare any Act relating to water supply, Schedule.
sewerage, drainage, or irrigation to be an Act included in the Schedule to this Act and any such proclamation shall effect an amendment of that Schedule accordingly.
(2) The Governor may by proclamation vary or revoke any proclamation made under this section whether made before or after the date of the coming into operation of the Water Supply, Sewerage, and Drainage Amendment and Validation Act 1981.
(3) Subject to subsection (4) of this section, nothing in this Act affects the provisions of any of the Acts set out in the Schedule relating to the constitution of boards constituted under those Acts.
(4) The Governor may revoke any Order in Council under this Act, whether made before or after the date of the coming into operation of the Water Supply, Sewerage, and Drainage Amendment and Validation Act 1981, constituting any board under any Act set out in the Schedule and may dissolve any board constituted under any Order so revoked. "

Section 5

5. Section 5 of the principal Act is repealed. repealed.

No. 64.] Water Supply, Sewerage, and [1981.

Drainage Amendment

and Validation.

Sections 12,

13, 15, 16	6. The principal Act is amended by inserting
and 17

amended.

after "Department" where occurring in each case

in

(a) section 12;

(b) section 13 (4);

(c) section 15;

(d) section 16; and

(e) section 17 (1),

the following

"assisting the Minister in the administration

of this Act".

Schedule

amended. 7. The Schedule to the principal Act is

amended

(a)	in Part I by deleting "The Metropolitan Water Supply, Sewerage, and Drainage Act 1909-1941."; and
(b)	in Part II by deleting "Metropolitan Water Supply, Sewerage, and Drainage Act 1909-1941.".

Validation.

8. (1) In this section

"commencement date" means the date on which

this Act comes into operation;

"department" means a department, under whatever designation, assisting the Minister with the administration of the principal Act;

"Minister" means the Minister charged with

the administration of the principal Act;

"the body corporate" means the body corporate

constituted under the principal Act.

1981.1 Water Supply, Sewerage, and [No. 64.

Drainage Amendment

and Validation.

(2) It is hereby declared that no act, matter, or thing done or purportedly done by reference to, under, by, or in relation to

(a) the Minister;

(b) the body corporate;

(c)

a department, or an officer in a department, before the commencement date is or ever has been invalid by reason that the act, matter, or thing was done by reference to, under, by, or in relation to

(d) the Minister;

(e) the body corporate;

a department or an officer in a department, under a designation other than the designation applicable under the principal Act in relation to-

(f)

(g) the Minister;

(h) the body corporate;

(i)    a department or an officer in a department.