Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person shall
not, except as authorised by or under this or any other Act, obstruct,
destroy, or interfere with the waters, bed, or banks of any watercourse
flowing through or over, or wetland situate wholly or partly on, land that has
not been granted or demised by the Crown.
(2) Any person who
obstructs, destroys, or interferes with anything contrary to
subsection (1) is guilty of an offence against this section.
(3) A prosecution for
an offence against this section may be commenced at any time within
2 years after the offence was committed and not afterwards.
(4) The Minister may,
by notice in writing, direct any person who has been convicted of an offence
against this section to carry out such works and take such other measures as
the Minister specifies in the notice for the purpose of restoring the bed or
banks of the watercourse or wetland or minimising the effect of the
obstruction or destruction thereof or interference therewith.
(5) Where a direction
contained in a notice given under subsection (4) has not been complied
with and the time allowed by the notice for compliance has expired the
Minister may cause such works to be carried out and measures to be taken as
the Minister considers appropriate for achieving the purposes of the notice,
and the Minister may recover the expenses thereby reasonably incurred as a
debt due from the person to whom the notice was given.
[Section 25 inserted by No. 119 of 1984
s. 3; amended by No. 25 of 1985 s. 279 and 283; No. 73 of
1995 s. 138; No. 49 of 2000 s. 14(1) and (4) and 15; No. 38 of
2007 s. 101(1).]
[Heading inserted by No. 119 of 1984
s. 3.]