Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Rights in Water and Irrigation
Act 1914 and includes the amendments made by the other written laws referred
to in the following table 5, 6 . The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
19 of 1914 (5 Geo. V No. 19) |
22 Sep 1914 |
22 Sep 1914 |
|
|
8 of 1925 (16 Geo. V No. 8) |
24 Sep 1925 |
24 Sep 1925 |
|
|
Rights in Water and Irrigation Act Amendment
Act 1939 |
16 of 1939 (3 Geo. VI No. 16) |
22 Nov 1939 |
22 Nov 1939 |
|
Rights in Water and Irrigation Act Amendment
Act 1941 |
32 of 1941 (5 and 6 Geo. VI
No. 32) |
16 Dec 1941 |
16 Dec 1941 |
|
Reprint of the Rights in Water and Irrigation
Act 1914 in Volume 2 of Reprinted Acts (includes amendments listed
above) |
|||
|
Rights in Water and Irrigation Act Amendment
Act 1945 |
3 of 1945 (9 Geo. VI No. 3) |
18 Oct 1945 |
18 Oct 1945 |
|
Rights in Water and Irrigation Act Amendment
Act 1949 |
9 of 1949 (13 Geo. VI No. 95) |
14 Sep 1949 |
14 Sep 1949 |
|
Rights in Water and Irrigation Act Amendment
Act 1951 |
18 of 1951 (15 Geo. VI No. 18) |
26 Nov 1951 |
26 Nov 1951 |
|
Limitation Act 1935
s. 48A(1) |
35 of 1935 (26 Geo. V No. 35) (as amended by
No. 73 of 1954 s. 8) |
14 Jan 1955 |
Relevant amendments (see s. 48A and Second
Sch. 7) took effect on 1 Mar 1955 (see No. 73 of
1954 s. 2 and Gazette 18 Feb 1955
p. 343) |
|
Reprint of the Rights in Water and Irrigation
Act 1914 approved 6 Sep 1960 in Volume 15 of Reprinted
Acts (includes amendments listed above) |
|||
|
Rights in Water and Irrigation Act Amendment
Act 1962 |
70 of 1962 (11 Eliz. II No. 70) |
30 Nov 1962 |
1 Mar 1963 (see s. 2 and Gazette
1 Mar 1963 p. 748) |
|
Rights in Water and Irrigation Act Amendment
Act 1964 |
31 of 1964 (13 Eliz. II No. 31) |
4 Nov 1964 |
4 Nov 1964 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see
s. 2(1)); |
|
|
Rights in Water and Irrigation Act Amendment
Act 1971 |
46 of 1971 |
10 Dec 1971 |
10 Dec 1971 |
|
94 of 1972 |
4 Dec 1972 |
Relevant amendments (see Second Sch. 8) took
effect on 1 May 1974 (see s. 4(2) and Gazette
26 Apr 1974 p. 1393) |
|
|
Reprint of the Rights in Water and Irrigation
Act 1914 approved 12 Aug 1974 (includes amendments listed
above) |
|||
|
Rights in Water and Irrigation Act Amendment
Act 1974 |
48 of 1974 (as amended by No. 100 of
1976) |
26 Nov 1974 |
18 Feb 1977 (see s. 2 and Gazette
18 Feb 1977 p. 468) |
|
Acts Amendment and Repeal (Valuation of Land)
Act 1978 Pt. XII |
76 of 1978 |
20 Oct 1978 |
1 Jul 1979 (see s. 2 and Gazette
11 May 1979 p. 1211) |
|
Rights in Water and Irrigation Act Amendment
Act 1978 |
98 of 1978 (as amended by No. 119 of 1984
s. 20-22; No. 74 of 2003 s. 104) |
17 Nov 1978 |
s. 1, 2, 8, 9, 14, 36 and 37: 19 Jan 1979
(see s. 2 and Gazette 19 Jan 1979 p. 114); s. 3
and 15-35 repealed by No. 74 of 2003 s. 104 |
|
Acts Amendment (Statutory Designations) and Validation
Act 1981 s. 4 |
63 of 1981 |
13 Oct 1981 |
13 Oct 1981 |
|
Rights in Water and Irrigation Amendment
Act 1984 |
119 of 1984 |
27 Dec 1984 |
s. 1 and 2: 27 Dec 1984;
|
|
Acts Amendment and Repeal (Water Authorities)
Act 1985 Pt. IX |
25 of 1985 |
6 May 1985 |
1 Jul 1985 (see s. 2 and Gazette
7 Jun 1985 p. 1931) |
|
Acts Amendment (Water Authorities) Act 1985
Pt. VIII (s. 119-134) |
110 of 1985 |
17 Dec 1985 |
s. 119-129, 131-132, 133(b), and 134:
14 Mar 1986 (see s. 2 and Gazette 14 Mar 1986
p. 726); |
|
109 of 1985 |
7 Jan 1986 |
1 Apr 1986 (see s. 2 and Gazette
28 Feb 1986 p. 605) |
|
|
Reprint of the Rights in Water and Irrigation
Act 1914 as at 23 Oct 1986 (includes amendments listed
above except those in the Rights in Water and Irrigation Act
Amendment Act 1978 s. 3 and 15-35) |
|||
|
Acts Amendment and Repeal (Environmental Protection)
Act 1986 Pt. VI |
77 of 1986 |
4 Dec 1986 |
20 Feb 1987 (see s. 2 and Gazette
20 Feb 1987 p. 440) |
|
Acts Amendment (Water Authority Rates and Charges)
Act 1987 Pt. VI |
24 of 1987 |
25 Jun 1987 |
14 Jul 1987 (see s. 2 and Gazette
14 Jul 1987 p. 2647) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 Pt. 8 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and
Gazette 29 Dec 1995 p. 6291) |
|
Sentencing (Consequential Provisions) Act 1995
Pt. 70 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Reprint of the Rights in Water and Irrigation
Act 1914 as at 2 Apr 1996 (includes amendments listed
above except those in the Rights in Water and Irrigation Act
Amendment Act 1978 s. 3 and 15-35 and the Sentencing
(Consequential Provisions) Act 1995) |
|||
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Transfer of Land Amendment Act 1996
s. 153(1) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 52 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Water Legislation Amendment Act 1997
Pt. 4 |
32 of 1997 |
3 Oct 1997 |
15 Apr 1998 (see s. 2 and Gazette
15 Apr 1998 p. 2041) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 105 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 63 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Rights in Water and Irrigation Amendment
Act 2000 9 |
49 of 2000 |
28 Nov 2000 |
s. 1 and 2: 8 Nov 2000;
|
|
Reprint of the Rights in Water and Irrigation
Act 1914 as at 10 Jan 2001 (includes amendments listed
above except those in the Rights in Water and Irrigation Act Amendment
Act 1978 s. 3 and 15-35) |
|||
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 91 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Economic Regulation Authority Act 2003
s. 62 |
67 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5723) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 103 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 114 10,
11 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Water Legislation Amendment (Competition Policy)
Act 2005 Pt. 6 |
25 of 2005 |
12 Dec 2005 |
3 Jun 2006 (see s. 2 and Gazette
2 Jun 2006 p. 1985) |
|
Reprint 7: The Rights in Water and Irrigation
Act 1914 as at 4 Jul 2006 (includes amendments listed
above) |
|||
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette
8 Dec 2006 p. 5369) |
|
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette
31 Jan 2008 p. 251) |
|
|
Reprint 8: The Rights in Water and Irrigation
Act 1914 as at 6 Jun 2008 (includes amendments listed
above) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2009
s. 14 |
46 of 2009 |
3 Dec 2009 |
4 Dec 2009 (see s. 2(b)) |
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 16 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
2 The short title of the Water Authority Act 1984
was changed to the Water Agencies (Powers) Act 1984 by the Water
Agencies Restructure (Transitional and Consequential Provisions) Act 1995
s. 7.
3 The Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 Pt. 2 commenced
1 January 1996.
4 Repealed by the Water Resources Legislation Amendment Act
2007.
5 Marginal notes in the Rights in Water and Irrigation
Act 1914 referring to earlier Western Australian legislation and to
legislation of other jurisdictions have been omitted from this
reprint.
6 The Water Resources Legislation Amendment Act 2007
Pt. 11 deals with certain transitional issues some of which may be relevant for
this Act.
7 Section 48A and the Second Schedule were inserted by
the Limitation Act Amendment Act 1954 s. 8.
8 The Second Schedule was inserted by the Metric Conversion
Act Amendment Act 1973 s. 4.
9 The Rights in Water and Irrigation Amendment
Act 2000 Pt. 8 reads as follows:
“
Part 8 — Transitional
provisions
71. Definitions
In this Part, unless the contrary intention
appears —
principal Act means the Rights in Water and Irrigation
Act 1914.
72. Interpretation Act 1984 not affected
The provisions of this Part do not affect the application of the
Interpretation Act 1984, so far as it is consistent with those
provisions, to the amendments made by this Act.
73. Appeals in progress
(1) If —
(a) before —
(i) the commencement of section 56 of this Act notice has been given
to the Minister under section 14(1) of the principal Act;
(ii) the commencement of section 58 of this Act notice has been given
to the Minister under section 23(1) of the principal Act; or
(iii) the commencement of section 61 of this Act notice has been
given to the Minister under section 26D(4) of the principal Act;
but
(b) the steps and procedures under section 14(2), 23(2)
or 26D(5) of the principal Act, as the case may be, have not been
completed,
the notice does not lapse on that commencement but the relevant repealed
provision mentioned in paragraph (b) continues to have effect in respect of
the notice as if the repeal had not occurred.
(2) After the commencement of this Act but before regulations under
Schedule 2 of the Principal Act regarding a panel of names from which a
tribunal is to be appointed are made, an appeal to which that Schedule
applies —
(a) if the appellant so agrees, is to be heard and determined as if
clause 5(1)(a)(i) of that Schedule were deleted; or
(b) if the appellant does not so agree, is to be heard and determined as
soon as is practicable after those regulations are made.
74. Applications made for licences to take water
(1) This clause applies to an application for —
(a) a special licence under section 12 of the principal Act that was
made before the commencement of section 25 of this Act; and
(b) a licence under section 13 of the principal Act that was made
before the commencement of section 26 of this Act,
but that was not before the relevant commencement finally disposed of by
the grant or refusal of a licence or withdrawn.
(2) An application to which this clause applies is to continue to be
governed by the principal Act, including section 14, as if this Act had not
been enacted.
(3) However, if a licence is granted on the
application —
(a) it is to be treated after the grant as if it were a licence under
section 5C of the principal Act; and
(b) after the grant, the provisions of the principal Act apply to it in
the same way as they apply to a licence under section 5C granted under the
principal Act as amended by this Act.
75. Applications made for licences in respect of wells
(1) This clause applies to an application for a licence under
section 26D of the principal Act that —
(a) was made before the commencement of section 37 of this Act;
but
(b) was not before that commencement finally disposed of by the grant or
refusal of a licence or withdrawn.
(2) An application to which this clause applies is to continue to be
governed by the principal Act, including section 26D(4) and (5), as if this
Act had not been enacted.
(3) However, if a licence is granted on the
application —
(a) it is to be treated after the grant as if it
were —
(i) so far as it relates to the taking of water, a licence under
section 5C of the principal Act authorising that taking; and
(ii) so far as it relates to the carrying out of work, a licence under
section 26D of the principal Act authorising the carrying out of that
work;
(b) those licences may be combined in a single instrument; and
(c) after the grant, the provisions of the principal Act apply to the
licences in the same way as they apply to a licence under section 5C or
26D, as the case may be, granted under the principal Act as amended by this
Act.
76. Licences under section 12 or 13
(1) This section applies to a licence that —
(a) immediately before the commencement of section 25 of this Act was
in force under section 12 of the principal Act; or
(b) immediately before the commencement of section 26 of this Act was
in force under section 13 of the principal Act.
(2) A licence referred to in
subsection (1) —
(a) is taken on the commencement of section 25 or 26 as the case may
be, to be a licence under section 5C of the principal Act; and
(b) subject to subsection (3), continues in force for the remainder
of its term.
(3) After the commencement of section 25 or 26, as the case may be,
the provisions of the principal Act as amended by this Act apply to a licence
referred to in subsection (1) in the same way as they apply to a licence
under section 5C of the principal Act granted after that
commencement.
77. Licences under section 26D
(1) This section applies to a licence that immediately before the
commencement of section 37 of this Act was in force under section 26D
of the principal Act.
(2) A licence referred to in subsection (1) is taken on the
commencement of section 37 —
(a) so far as it relates to the taking of water (and whether it refers to
taking or to drawing), to be a licence under section 5C of the principal
Act authorising that taking; and
(b) so far as it relates to the carrying out of work, to be a licence
under section 26D of the principal Act authorising the carrying out of that
work,
and those licences are taken to be licences combined in a single
instrument as mentioned in clause 2(3) of Schedule 1 to the principal
Act.
(3) Subject to subsection (4), a licence referred to in
subsection (2)(a) continues in force for the remainder of its
term.
(4) After the commencement of section 37 of this Act, the provisions
of the principal Act as amended by this Act apply to a licence referred to in
subsection (2)(a) in the same way as they apply to a licence under
section 5C of the principal Act granted after that commencement.
78. Civil remedy under section 5E
The right of action created by section 5E inserted in the principal
Act by section 18 of this Act does not apply to a contravention of
section 5C of the principal Act that occurred before the commencement of
section 18.
79. Time running for purposes of section 26B(4) or
(5)
If at the commencement of section 35(1) of this Act time is running
in respect of the period of 2 months mentioned in repealed
section 26B(4) or (5) of the principal Act, the time is to be treated as
running for the purpose of subsection (4)(c) or (5)(c) of that section
as inserted in the principal Act by section 35(1).
80. Existing augmentations of water volumes
The application of section 26GA inserted in the principal Act by
section 40 of this Act extends to a situation
where —
(a) at or after the commencement of section 40 the volume of water in
a watercourse or wetland is augmented by the introduction of water by artificial
means, whether the augmentation is of the kind referred to in section 9(3)
of the principal Act repealed by section 22 of this Act or otherwise;
and
(b) the augmentation is caused by things done before that
commencement.
81. Orders under section 26C
An order under section 26C of the principal Act that was in force
immediately before the commencement of section 36 of this Act is taken on
that commencement to declare that section 5C, as well as
section 26B(3) to (6), is not to apply in relation to the non-artesian well
or wells specified in the order and on and after that commencement has effect
accordingly.
82. Powers in relation to transitional provisions
(1) If there is no sufficient provision in this Part for any matter or
thing necessary or convenient to give effect to the transition from the
principal Act, as in force before the commencement of any provision of this Act,
to the principal Act as in force after that commencement, the Governor may make
that provision by order published in the Gazette.
(2) If in the opinion of the Minister an anomaly arises in the carrying
out of any provision of this Part the Governor may by order published in the
Gazette —
(a) modify that provision to remove the anomaly; and
(b) make such provision as is necessary or expedient to carry out the
intention of that provision.
(3) An order under this section in relation to an amendment made to the
principal Act by this Act may be made so as to have effect from the commencement
of that amendment.
(4) To the extent that a provision of any such order has effect on a day
that is earlier than the day of its publication in the Gazette, the
provision does not operate so as —
(a) to affect, in a manner prejudicial to any person (other than the
State), the rights of that person existing before the day of its publication;
or
(b) to impose liabilities on any person (other than the State) in respect
of anything done or omitted to be done before the day of publication.
”.
10 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
11 The State Administrative Tribunal
Regulations 2004 r. 38 and 61 read as follows:
“
38. Rights in Water and Irrigation Act 1914
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 114 comes into operation.
(2) If —
(a) an appeal under the Rights in Water and Irrigation
Act 1914 Part III Division 3B is transferred to the Tribunal
under the Act section 167(4)(b);
(b) before the commencement day a notice of appeal in relation to the
appeal indicated that the appellant wished the Minister to exercise the power
conferred on the Minister by the Rights in Water and Irrigation
Act 1914 Schedule 2 clause 4; and
(c) the Minister had not exercised the power referred to in that
clause,
the Tribunal may exercise the power referred to in the Rights in Water
and Irrigation Act 1914 Schedule 2 clause 4 in force
immediately before the commencement day as if a reference in that clause to the
Minister were a reference to the Tribunal and a reference to an appeal were a
reference to a review by the Tribunal.
61. Rights in Water and Irrigation Act 1914
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 114 comes into operation;
Corporation has the meaning given to that term in the
RWI Act section 2(1);
the RWI Act means the Rights in Water and Irrigation
Act 1914.
(2) If a local by-law made under the RWI Act section 26M(g)
makes provision for an appeal against decisions relating to applications made
and licences granted under the local by-law, that local by-law is to be taken to
give a right on or after the commencement day to apply to the State
Administrative Tribunal for a review of that decision.
(3) If the Corporation receives, before the commencement day, a notice in
accordance with the RWI Act section 39F(1) (as in force when the notice was
received by the Corporation) but does not before the commencement day refer the
objection referred to in the notice to a Land Valuation Tribunal as an appeal,
on and after the commencement day the Corporation must refer the relevant entry
to the State Administrative Tribunal for a review as if the notice were a notice
served on the Corporation under the RWI Act section 39F(1).
(4) If the Corporation receives, before the commencement day, a notice in
accordance with the RWI Act section 39G(1) (as in force when the notice was
received by the Corporation) but does not before the commencement day refer a
decision referred to in the notice to a Land Valuation Tribunal as an appeal, on
and after the commencement day the Corporation must refer the decision to refuse
to extend time to the State Administrative Tribunal for a review as if the
notice were a notice served on the Corporation under the RWI Act
section 39G(1).
(5) If a notice has been given under the RWI Act section 39E(7)
before the commencement day, on or after the commencement day the notice is to
be taken to refer to the time within which and the manner in which a review of
the decision may be sought.
”.
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)
a
licence 26GG(1)
an affected person Sch. 1 cl. 17(1)
artesian
well 2(1)
Authority 26GZP(2)
bed 2(1)
CEO 2(1)
committee 26GK(1)
Corporation 2(1)
Crown
land 2(1)
dam 17(8)
deceased holder Sch. 1 cl. 29A(1)(a) and
(2)
degradation 2(1)
Department 2(1)
dewatering 26O(3)
diminished 5B(2)
district 2(1)
former
Authority 2(1)
former Minister 2(1)
Government
agreement 26K(4)
instrument 26GZH
intensive conditions 21(4)
irrigation
charge 2(1)
licence Sch. 1 cl. 1
licensee Sch. 1 cl. 18(4)
local
by-laws 2(1), 26L(1)
meter Sch. 1 cl. 46(5)
non-artesian
well 2(1)
officer 2(1)
operating
licence 26GZJ(3)
order 39A(7)
prescribed 2(1)
proclaimed
area 26C(1)
public interest Sch. 1 cl. 1
Registrar Sch. 1 cl.
42(3)
relevant water resources management committee 26GJ(2)
riparian
land 20(1)
security interest 26GZH
spring 2(1)
statutory
undertaker 26K(4)
take 2(1)
the benefiting licensee Sch. 1 cl.
17(2)
the commencement day 17A(1)
the regulations 2(1)
the relevant
day 9(2)(a)
the third party Sch. 1 cl. 19(a)(i) and 30(1)
underground
water 2(1)
underground water source 2(1)
use and development 4(2)
water
charge 2(1)
water entitlement 26Q(3), Sch. 1 cl. 17(4), 28
and 37
water resource 26GB, Sch. 1 cl. 12(4)
water
resources 2(1)
Water Resources Council 2(1)
watercourse 2(1), 3(1),
4A
well 2(1)
wetland 2(1)