Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title and commencement
5. Terms used
6. Application of Act
PART II -- Country water areas, and water reserves
8. Country water areas, constituting etc.
9. Catchment areas and water reserves, constituting etc.
11. Water in catchment areas and water reserves, Corporation’s powers as to
12. Pollution in catchment areas and water reserves, Minister’s powers to prevent
PART IIA -- Control of catchment areas
12A. Controlled land, altering extent of; application of this Part
12AA. Terms used
12B. Clearing controlled land, offence
12BA. Memorial on land title as to possible liability to s. 12B(2) restoration order
12BB. Memorial on land title as to restoration order
12BC. Memorial under s. 12BA or 12BB, removal of
12BD. Restoration order, Minister’s powers if contravened
12BE. Injunctions as to clearing controlled land
12C. Exceptions to s. 12B; clearing licences, grant of etc.
12D. Decisions as to clearing licences, review of by SAT
12E. Compensation for injurious affection due to clearing prohibition, claims for etc.; acquisition of affected land etc.
12EA. Memorial on land title as to compensation paid
12EB. Land acquired or transferred under s. 12E etc., dealing with
12EC. Disputes as to injurious affection etc., determining
12ED. Entering land, powers as to
12EE. Evidentiary provisions
12F. Regulations for this Part
12G. Validation
PART IV -- Construction and maintenance of water works
14. Corporation may construct water works
19. Local governments not liable for maintenance cost of certain water works
PART V -- Water supply
Division 1 -- Supply and distribution of water
28. Who is entitled to water supply by Corporation
29. Request for water supply by Corporation
30. Request for water supply to land for which water supply charges not paid
31. Water meters, installation and use of
32. Water meters, evidence and testing of
33. Water supply, when may be discontinued
35. Water supply to persons outside country water area
36. Application of s. 37 to fire districts and local government districts
37. Fire hydrants, installation etc. of
38. Corporation may supply water by contract
39A. Water works, acquisition of by Corporation
Division 2 -- Protection of works and prevention of waste
40. Land owners to maintain pipes etc. to prevent waste
42. Entry to land to ascertain consumption etc., powers as to
43. Pipes etc. of Corporation, protection of
43A. Construction etc. of building, Corporation to be notified of
43B. Construction over water mains etc., Corporation’s consent needed for and demolition of etc.
44. Entry to land to install etc. fittings, Corporation’s powers as to
45. Offences as to fittings, pipes etc. and water
46. Fraudulently taking water
46A. Evidentiary provisions
PART VI -- Water rates
Division 1 -- Mining leases
49. Occupiers of mining leases, liability of for water charges
Division 2 -- Objections and review
58. Objection to entry in Corporation’s records as to land
59. Corporation’s decision on objection, review of by SAT
60. Corporation’s refusal to extend time for objection or review, review of by SAT
60A. On review, SAT may consider additional matters
60B. SAT’s reasons, publication of etc. in significant cases
61. Land valuations, objections to etc. to be under Valuation of Land Act 1978
62. Objection not to affect liability to pay charges
62A. Corporation to amend records etc. if objection allowed etc.
PART VII -- Payment of water supply charges
Division 1 -- General
73. Unpaid water supply charges, recovery of etc.
74. Recovery actions, proof of service of demand not necessary
75. Judgment against one liable person does not prevent recovery from another
76. Recovery actions, Corporation’s records’ evidentiary status in
77. Water supply charges, liability for as between owner and occupier
78. Apportionment of water supply charges between successive owners or occupiers
79. Water supply charges paid by mortgagee to be added to loan amount
81. Water supply charges, how recoverable
Division 2 -- Power to lease
83. No notice under s. 85(1) after 3 Jun 2006; expiry of Division
84. Land for which there are unpaid water supply charges, Corporation may possess and lease
85. Procedure for exercising s. 84 powers
86. Release of land leased under s. 84 after payment of arrears
87. Rent from land leased under s. 84, application of
88. Land taken under s. 84 vests in Corporation after 25 years
Division 3 -- Power of sale
88A. No notice under s. 90 after 3 Jun 2006; expiry of Division
89. Land for which there are water supply charges unpaid for 5 years, Corporation may sell
90. Procedure for exercising s. 89 powers
91. Notice required by s. 90(1), content of
92. Auction of land, time of
93. Sale of land, advertisement of
94. Unpaid charges etc. may be paid up to time of sale
95. Corporation’s powers to transfer etc. land after sale
96. Compliance with this Division, evidence of
97. Transfers etc. of land sold, procedure for and effect of
98. Arrears relating to all lands of same owner may be dealt with together
99. Proceeds of sale, application of
100. Receipt for sale proceeds, effect of
101. Power to sell lapses if sale not made within a year after advertisement
102. Land not bought may be transferred to Crown
103. Sale of land discharges liability of owners etc.
104. Saving provision
PART VIII -- By-laws
105. Matters for which by-laws may be made
PART IX -- Miscellaneous
108. Unknown owner or occupier, content of notices etc. in case of
109. Notices bind persons claiming under owner or occupier
111. Civil remedies not affected by prosecution
112. Obstructing Minister or Corporation or officers, offence
113. Refusing to give up possession of works, offence
114. Arrest, power of without warrant
115. Prosecutions, commencing etc.
116. Corporation may be represented in court by officer
120. Ownership or occupancy, proof of
121. Evidentiary provision as to water works
122. Local government Acts relating to water supply, power to suspend operation of
SCHEDULE 2 -- Controlled land
[Reprinted under the Reprints Act 1984 as at 4 May 2012 [Heading inserted by No. 19 of 2010 s. 43(3)(a).]]
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