Western Australian Consolidated Acts

RIGHTS IN WATER AND IRRIGATION ACT 1914 - SECT 26G

26G .         Powers of Minister if water improperly used, wasted etc.

        (1)         If the Minister is of the opinion that water taken from any artesian well or from a non-artesian well in relation to which section 26B(3) applies, whenever constructed — 

            (a)         is being improperly used;

            (b)         is being wasted, whether by reason of neglect, failure to effect repairs or alterations reasonably necessary for the proper maintenance of the well or any other cause;

            (ba)         is being taken or used without all reasonable steps being taken to minimise the degradation of the water resource;

            (c)         is having harmful effect; or

            (d)         is not being used to the best advantage,

                the Minister may, after giving 30 days’ notice of the intention in that regard, direct the closing or partial closing of the well or direct such other steps (including any reasonable repairs and alterations) to be taken as the Minister thinks necessary to prevent the continuance of any of the things mentioned in paragraph (a), (b), (ba), (c) or (d).

        (2)         The Minister may, for the purpose of regulating the quantity of water to be taken from any artesian or non-artesian underground water source, from time to time give directions as to the amount of water that may be taken, and the rate at which it may be taken, from any artesian well or non-artesian well that relates to that underground source.

        (2a)         A notice served on a person under this section —

            (a)         is to contain reasons for the direction; and

            (b)         takes effect — 

                  (i)         when it is served; or

                  (ii)         at the later time provided for in the notice.

        (2b)         The Minister may at any time revoke or vary a notice by further notice served on the person concerned.

        (3)         A person who fails to comply with a direction given pursuant to this section commits an offence.

        Penalty: $5 000 and a daily penalty of $500.

        (4)         Where a person is convicted of an offence against this section, the Minister may cancel any licence given in respect of the well in regard to which the offence was committed; and a person shall not thereafter do, or cause, suffer or permit to be done anything that was authorised by a licence so cancelled to be done.

        [Section 26G inserted by No. 119 of 1984 s. 3; amended by No. 25 of 1985 s. 279 and 285; No. 73 of 1995 s. 138; No. 49 of 2000 s. 39 and 64; No. 38 of 2007 s. 101(1).]

        [Heading inserted by No. 49 of 2000 s. 40.]

        [Heading inserted by No. 49 of 2000 s. 40.]