Western Australia
Land Drainage (Rating Grades) Regulations 1986
Reprinted as at 14 September 2001
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprinted under the Reprints Act 1984 as at 14 September 2001
Western Australia
Land Drainage (Rating Grades) Regulations 1986
1.Citation1
2.Interpretation1
3.Grades of land2
Schedule3
Notes
Compilation table6
Defined Terms
Reprinted under the Reprints Act 1984 as at 14 September 2001
Western Australia
Water Authority Act 1984 2
Land Drainage (Rating Grades) Regulations 1986
1.Citation
These regulations may be cited as the Land Drainage (Rating Grades) Regulations 1986 1.
2.Interpretation
(1)In these regulations —
“drainage works” has the meaning assigned to that expression in section 6(1) of the Land Drainage Act 1925 and also includes a maintained watercourse, or an estuary, lake, lagoon, swamp, or marsh in which the water level is controlled to facilitate drainage or to prevent flooding;
“holding”, in relation to rural land, means adjoining land that is in the same ownership or is operated as a unit.
(2)Unless the contrary intention appears, words and expressions not otherwise defined in subregulation (1) but assigned a meaning in the Land Drainage Act 1925 have the same meaning for the purposes of these regulations.
3.Grades of land
The grades into which land shall be divided for the purpose of fixing rates under the Land Drainage Act 1925 are as defined in the Schedule.
Schedule
[Reg. 3]
Rural Land
Rural land — direct grade
1.Subject to clause 2, this grade comprises holdings or portions of holdings of rural land within a district that are capable of receiving direct benefit from drainage works, and for the purposes of determining whether land is of this grade —
[(a)deleted]
(b)land is capable of receiving direct benefit from drainage works if —
(i)it has access to drainage works into which not less than 90% of the land that is to be determined to be of this grade is drained, either by gravity or by pumping, or could, through the use of internal drains not more than 1 metre deep, be drained; or
(ii)it is protected by drainage works from the entry of floodwaters from other land, a river or other watercourse, or the sea.
2.This grade does not include —
(a)any holding of at least 10 hectares of rural land within a district that —
(i)is uncleared; and
(ii)in the opinion of the Corporation, is incapable of being economically developed;
nor
(b)any portion of a holding of rural land within a district that —
(i)has an individual area of at least 5 hectares;
(ii)meets the conditions mentioned in paragraph (a)(i) and (ii); and
(iii)either taken alone or together with other portions, if any, of the same holding that satisfy the requirements of subparagraphs (i) and (ii), accounts for at least 10 hectares, or 10%, whichever is the greater, of the total area of the holding of which it is a part.
Rural land — general grade
This grade comprises all rural land within a district that does not come within the definition of rural land — direct grade in this Schedule.
Urban Land
Urban land — general grades
1.These grades comprise all urban land within a district that does not come within the definition of —
(a)urban land — caravan bay grade; or
(b)urban land — retirement village unit grade,
in this Schedule.
2.These grades are defined according to the area of the land concerned as follows —
(a)not exceeding 2 500 m2;
(b)exceeding 2 500 m2 but not exceeding 10 000 m2;
(c)exceeding 10 000 m2 but not exceeding 15 000 m2;
(d)exceeding 15 000 m2 but not exceeding 20 000 m2; and
(e)exceeding 20 000 m2.
Urban land — caravan bay grade
This grade consists of all land in a district comprising a single caravan bay that is a lot within the meaning of the Strata Titles Act 1985.
Urban land — retirement village unit grade
1.This grade consists of land in a district comprising a single unit in a retirement village.
2.For the purposes of this grading “retirement village” means a number of units, the residents of which have a right to a life tenancy under a lease arrangement, or a similar form of lease, and are predominantly —
(a)over 55 years old and not in full‑time employment; or
(b)retired.
