Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the owner or occupier of any land alienated from the Crown through or
contiguous to which runs any watercourse, or contiguous to which, or partly
within which, is situate any wetland, has the right, as such owner or
occupier, to take water in that watercourse or wetland free of
charge —
(a) for
the domestic and ordinary use of himself and of his family and servants; and
(b)
for watering cattle or other stock, other than those being raised under
intensive conditions as defined in section 21(4),
and every owner of
land alienated from the Crown before the relevant day has a further right to
take such water for the irrigation of a garden not exceeding 2 hectares in
extent and from which no produce is sold, being part of that land and used in
connection with a dwelling.
(2) For the purposes
of this section —
(a) the
relevant day , in relation to land through or contiguous to which runs a
watercourse, or contiguous to which or partly within which is situate a
wetland, means —
(i)
where this Division applies to and has effect in relation
to the watercourse or wetland by reason of a proclamation under
section 6(3), the day on which that proclamation was published;
(ii)
in any other case, the day when this Act came into
operation;
and
(b) land
that, on the relevant day, was or is in process of alienation shall be deemed
to have been alienated before that day.
(3) This section has
effect subject to Division 3A.
[Section 9 inserted by No. 119 of 1984
s. 3; amended by No. 49 of 2000 s. 8, 15 and 22.]