Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Any person
may take water —
(a) for
domestic and ordinary use;
(aa) for
firefighting;
(b) for
watering cattle or other stock other than those being raised under intensive
conditions; and
(c)
subject to subsection (2), to the extent that the flow of water in the
watercourse or the amount of water in the wetland, as the case may be, is not
thereby sensibly diminished, for any other purpose,
from any watercourse
or wetland that is vested in the Crown and to which there is access by a
public road or by a reserve for public access at the point where the water is
taken.
(2) The right
described in subsection (1)(c) may be made inapplicable to, or be
restricted in relation to, any watercourse or wetland by the provisions of
local by-laws that apply to that watercourse or wetland, and that paragraph is
to be read subject to any such provisions.
(3)
Subsection (1) has effect subject to Division 3A.
(4) In
subsection (1)(b) —
intensive conditions means conditions in which the
cattle or stock —
(a) are
confined to an area smaller than that required for grazing under normal
conditions; and
(b) are
usually fed by hand or by mechanical means.
[Section 21 inserted by No. 119 of 1984
s. 3; amended by No. 49 of 2000 s. 11, 15 and 29.]