Rights in Water and Irrigation Act 1914
Ord Irrigation District By-laws
Reprint 1: The by-laws as at 8 August 2003
What the reprint includes
Endnotes, Compilation table
1.Details about the original by-laws and legislation that has amended its text are shown in the Compilation table
2.Transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a by-law that was inserted, or has been amended, since the by-laws being reprinted were made, editorial notes at the foot of the by-law give some history of how the by-law came to be as it is. If the by-law replaced an earlier by-law, no history of the earlier by-law is given (the full history of the by-laws 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 —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
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
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the by-laws have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the by-laws were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the by-laws are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
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Ord Irrigation District By-laws
CONTENTS
Division I — Preliminary
1.Citation1
1A.Application1
3.Interpretation2
Division II — Protection of water, grounds, works, etc., from trespass and injury
4.Unauthorised entry2
4A.Boating2
4B.Corporation may set aside areas for boating, swimming and water‑skiing3
5.Camp fires4
6.Flora and fauna protected4
7.Endangering works4
8.Rubbish5
9.Unauthorised water6
10.Interference with works6
11.Animals straying7
11A.Drainage waters7
Division III — Conditions governing the supply and control of water
12.Basis of supply8
13.Zones8
14.Zone period of watering9
15.Application for watering9
16.Supply of water9
17.Occupier’s distributing system9
18.Regulating supply10
19.Delivery outlets10
22.Waste of water11
30.Reconnection charge11
31.Persons supplied with water to provide storage receptacles11
31A.Pipe and pump supplies12
Division V — Miscellaneous
34.Breach of by‑laws — Penalties13
Schedule15
Notes
Compilation table16
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Reprinted under the Reprints Act 1984 as |
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Rights in Water and Irrigation Act 1914 2
Ord Irrigation District By‑laws
Division I — Preliminary
These by‑laws may be cited as the Ord Irrigation District By‑laws 1.
[By‑law 1 inserted in Gazette 29 Aug 1980 p. 3063.]
These by‑laws shall have and take effect in the Ord Irrigation District constituted under the provisions of the Rights in Water and Irrigation Act 1914 (
[By‑law 1A (formerly by‑law 1) amended in Gazette 29 Aug 1980 p. 3063.]
[2.Repealed in Gazette 19 Jul 1985 p. 2
In these by‑laws unless the context requires otherwise —
(a)“District” means the Ord Irrigation District constituted under the Act;
“fauna” means the vertebrate fauna which is wild by nature and is ordinarily to be found in a condition of natural liberty in the whole or a part or parts of the State and which is indigenous or introduced and includes any kind, species, sex and individual member of the fauna and also includes terrestrial or marine mammals, birds and reptiles;
“the Act” means the Rights in Water and Irrigation Act 1914 (
[(b)deleted]
[By‑law 3 amended in Gazette 23 Apr 1969 p. 1294; 19 Jul 1985 p. 2504.]
[Division 1A (r. 3A) repealed in Gazette 19 Jul 1985 p. 2
Division II — Protection of water, grounds, works, etc., from trespass and injury
Trespassing within the fenced‑off ground adjacent to or reserved for water supply or irrigation works, or the entering without proper authority upon any water or irrigation work not open to the public, is prohibited.
A person shall not —
(a)use a boat on
(b)take a boat within 100 metres of the upstream face of the Kununurra Diversion Dam or within the area marked off by buoys adjacent to the spillway on
(c)within 8 kilometres of the upstream face of the Kununurra Diversion Dam, drive a motor boat at a speed exceeding 5 knots, within 30 metres of the banks;
(d)moor a boat on
(e)ply for hire with a boat or boats on
(f)moor or navigate a boat on Lake Kununurra or Lake Argyle in such a position or manner as to obstruct, impede or otherwise interfere with or endanger the safety of other boats or persons;
(g)organise, promote or conduct a regatta or display of aquatic sports on
[By‑law 4A inserted in Gazette 12 Oct 1973 p. 3734; amended in Gazette 28 Nov 1975 p. 4303; 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6329.]
4B.Corporation may set aside areas for boating, swimming and water‑skiing
(1)The Corporation may from time to time set aside and designate, by exhibiting appropriate signs and buoys on the banks and waters of Lake Kununurra and Lake Argyle, areas within which swimming, boating or water‑skiing is permitted at all times or is restricted or prohibited.
(2)The designation of areas under sub‑bylaw (1) has the effect of prohibiting other areas from being used for that purpose.
[By‑law 4B inserted in Gazette 12 Oct 1973 p. 3734; amended in Gazette 19 Jul 1985 p. 2505‑6.]
Camping or lighting of fires on any Government water reserve, or in the immediate vicinity of any reservoir within the boundaries of the District, except on land set apart for such purposes, is prohibited.
(1)The removal, plucking, or damaging of any wildflower, shrub, bush, tree or other plant growing on any land reserved for or vested in the Corporation within one kilometre of any reservoir and within the District is prohibited.
(2)The discharging of firearms and the shooting, trapping or taking of fauna on any works or on any land reserved for or vested in the Corporation within 1.5 kilometres of any dam is prohibited.
[By‑law 6 amended in Gazette 23 Apr 1969 p. 1294; 12 Oct 1973 p. 3734; 28 Nov 1975 p. 4303; 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6329.]
(1)A vehicle, conveyance, item of plant, or animal shall not be driven, operated, taken, or ridden in such a manner as to endanger or damage the channels, structures, channel access roads or any works, or shall not be taken across the same, except at places where crossings are provided.
(2)No pumping equipment, pipeline, engine, road, jetty or similar structure is to be installed or constructed on the land abutting any reservoir, river or other works without the permission of the Corporation and any such works constructed with the permission of the former Minister, the former Authority or the Corporation shall be maintained in a state satisfactory to the Corporation.
[By‑law 7 inserted in Gazette 12 Oct 1973 p. 3734; amended in Gazette 19 Jul 1985 p. 2504 and 2506; 29 Dec 1995 p. 6328.]
(1)A person shall not cast away, throw or deposit or cause to be deposited on any works or in the vicinity of any works any rubbish, litter or other objectionable matter of any kind or in any place where it, or its components is, or is likely to be, or become, a source of pollution.
(2)A person shall not carry on any operations or do any act which creates or tends to create any nuisance on or in the vicinity of any works.
(3)An occupier of property or a person using a boat shall not allow any sullage or effluent containing —
(a)sewage, unless treated to a standard approved by the Corporation;
(b)acidity or alkalinity outside the range of a pH value between pH5 and pH9;
(c)poisons; or
(d)any substance which is likely —
(i)to contribute to the formation of sludge or other deposit;
(ii)to contribute to the formation of scum, fat, oil, grease or floating material;
(iii)to contribute to the formation of objectionable odours or discoloration;
(iv)to be injurious to marine or animal or human life; or
(v)to deplete excessively the oxygen content of waters,
to be discharged in or upon any works.
(4)Without limiting the generality of the provisions of sub‑bylaw (3), wastes shall not be discharged into any of the waters in any works —
(a)if it is reasonably practicable to dispose of them satisfactorily, in some other manner;
(b)unless every reasonable and practicable step has been taken to improve the quality and appearance of the wastes, prior to discharge; and
(c)unless they conform with a bacterial, physical and chemical composition approved by the Corporation.
[By‑law 8 inserted in Gazette 12 Oct 1973 p. 3734‑5; amended in Gazette 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6329.]
No person shall take or use or cause to be taken or used any water from any works without the authority of the Corporation, and no person shall allow any water supplied to him
[By‑law 9 amended in Gazette 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6328 and 6329.]
(1)A person shall not, without the consent of the Corporation —
(a)trespass upon, injure or interfere in any way with any works;
(b)do or cause to be done anything likely at any time to injure or interfere with any works;
(c)plant any tree or noxious weed within such distance from any works that any part of the tree or noxious weed or any roots thereof at some or any future time will be likely to injure or interfere with any works;
(d)fish from the structure of the Kununurra Diversion Dam or from any part of the bed of the river for a distance of 200 metres downstream of the Diversion Dam structure.
(2)The Corporation, any officer of the Corporation or any person authoris
[By‑law 10 amended in Gazette 12 Oct 1973 p. 3735; 28 Nov 1975 p. 4303; 19 Jul 1985 p. 2504‑6; 29 Dec 1995 p. 6329.]
(1)No person owning or having the right of control of any animal shall drive, or allow the same to stray, upon any works.
(2)Where a property is traversed by or abuts a channel or drain of the Corporation, the occupier of the property shall, before allowing any stock to depasture on the property, erect and maintain a fence on an alignment outside the bank of the channel or drain.
(3)A person guilty of any contravention of this by‑law shall in addition to the penalties prescribed in by‑law 34 be liable for all damage that may thereby be caused to any works.
[By‑law 11 amended in Gazette 19 Jul 1985 p. 2505; 29 Dec 1995 p. 6329.]
(1)A person shall not allow drainage waters to escape from his
(2)Where the Corporation is of the opinion that, for the drainage or better drainage of a parcel of land, it is necessary to construct, clean or maintain a drain on the land, the Corporation may serve notice on the owner requiring him
(3)Where the owner of land fails, within the time therein specified, to comply with a notice served pursuant to sub‑bylaw (2), the Corporation may carry out the work required by the notice to be done and may recover the cost of the work in any court of competent jurisdiction.
[By‑law 11A inserted in Gazette 14 Jun 1967 p. 1585; amended in Gazette 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6328 and 6329.]
Division III — Conditions governing the supply and control of water
The Corporation may from time to time determine the basis on which water for irrigation shall be supplied within the District.
[By‑law 12 amended in Gazette 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6329.]
For the purpose of determining the times or period for supplying water for irrigation, the District may be divided into zones decided upon by the Corporation from time to time.
[By‑law 13 amended in Gazette 19 Jul 1985 p. 2505-6; 29 Dec 1995 p. 6329.]
(1)The Corporation may from time to time determine the period of watering applicable to each zone in the District and cause to be prepared a programme of waterings in accordance with the determination.
(2)Full particulars of every programme of waterings under this by‑law shall be publicly notified at the local office of the District.
[By‑law 14 amended in Gazette 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6329.]
Every application for a watering for irrigation shall be made in writing in the form prescribed by the Corporation, and shall be lodged at the District Office at least 3 days prior to the commencement of the zone period applicable to the land referred to in the application.
[By‑law 15 amended in Gazette 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6329.]
On receipt of an application for watering for irrigation the Corporation may, at the times and in the manner and in the quantities fixed by the Corporation, subject to payment of irrigation charges due, and subject also to limitation of waterings as hereinafter provided in these by‑laws, supply water, and to such point or points as in the opinion of the Corporation may be necessary.
[By‑law 16 amended in Gazette 19 Jul 1985 p. 2505‑6; 14 Jul 1987 p. 2657; 29 Dec 1995 p. 6329.]
17.Occupier’s distributing system
The occupier of land to be watered shall provide and maintain efficient distribution channels to the satisfaction of the Corporation, and failing such provision, the Corporation shall have the power to refuse the supply of water until deficiencies have been remedied to its satisfaction.
[By‑law 17 amended in Gazette 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6328 and 6329.]
The Corporation, any officer of the Corporation or any person authoris
[By‑law 18 amended in Gazette 19 Jul 1985 p. 2505; 29 Dec 1995 p. 6329.]
All persons receiving water from any works shall take delivery thereof through the respective outlets, at such times and in such order and in such manner as the Corporation may direct, and the outlets for the delivery of water shall be operated only by the Corporation, officers of the Corporation or persons authoris
[By‑law 19 amended in Gazette 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6329.]
[20.Repealed in Gazette 14 Jul 1987 p. 2
[21.Repealed in Gazette 27 Jun 1986 p. 2
Every occupier shall take all necessary precautions to prevent unnecessary waste during the watering of the land in relation to which the water is supplied.
[By‑law 22 amended by 14 Jul 1987 p. 2657.]
[23.Repealed in Gazette 14 Jul 1987 p. 2
[Division IV heading repealed in Gazette 14 Jul 1987 p. 2
[24.Repealed in Gazette 27 Jun 1986 p. 2
[25‑26.Repealed in Gazette 14 Jul 1987 p. 2658.]
[27.Repealed in Gazette 27 Jun 1986 p. 2
[28.Repealed in Gazette 14 Jul 1987 p. 2
Where the supply of water has been stopped in consequence of a breach of by‑laws 1
[By‑law 30 amended in Gazette 17 Aug 1966 p. 2221; 28 Aug 1981 p. 3576‑7; 31 Aug 1984 p. 2809; 19 Jul 1985 p. 2505‑6; 27 Jun 1986 p. 2139; 14 Jul 1987 p. 2657; 29 Jun 1988 p. 2125; 29 Dec 1995 p. 6329.]
31.Persons supplied with water to provide storage receptacles
[(1)deleted]
(2)Every person supplied with water for stock or for domestic purposes shall at his
[By‑law 31 amended in Gazette 14 Jul 1987 p. 2657; 29 Jun 1988 p. 2125.]
(1)The Corporation may in respect of any land within the irrigation district, grant to the owner or occupier of that land, or to both of them, permission to take water from any work by means of pumping, or may construct works to supply water to that land, subject in either case to the condition that the water is taken as and when it is available in the channel, drain, watercourse or other work and no special service for the individual consumer by the Corporation is involved.
[(2)deleted]
(3)(a)The Corporation may from time to time limit either or both the area of land to be watered and the amount of water to be supplied under the provisions of this by‑law.
(b)The Corporation may at any time in its discretion cancel any permission granted by the former Minister, the former Authority or the Corporation under sub‑bylaw (1).
(4)(a)Where it is necessary for the Corporation to construct works for the purpose of supplying water under the provisions of this by‑law, either or both the owner and occupier shall be liable to pay the cost of constructing those works, plus a capitalised maintenance charge determined by the Corporation.
(b)Access to the offtake, pump or other means of supply shall be constructed in a manner approved by the Corporation and maintained to the satisfaction of the Corporation.
(c)The owner or occupier of land supplied with water in accordance with the provisions of sub‑bylaw (1) shall be responsible to safeguard his
(d)Where any offtake, pump or other means of supply has been installed or left in place without the Corporation’s permission and where the owner or occupier has been notified in writing to remove same and has not done so within 14 days then the Corporation may direct removal forthwith and may confiscate the plant and recover the cost of so doing from the owner or occupier.
(e)The Corporation may remove forthwith any offtake, pump or other means of supply which are endangering works or hindering operation of works and may recover the cost of so doing from the owner or occupier.
(5)Applications for any of the services referred to in this by‑law shall be in writing and be made on the prescribed form.
[By‑law 31A inserted in Gazette 12 Oct 1973 p. 3735‑6; amended in Gazette 28 Nov 1975 p. 3403; 28 Aug 1981 p. 3576‑7; 31 Aug 1984 p. 2809; 28 Jun 1985 p. 2340; 19 Jul 1985 p. 2505‑6; 27 Jun 1986 p. 2139; 14 Jul 1987 p. 2658; 29 Dec 1995 p. 6328 and 6329.]
[32.Repealed in Gazette 27 Jun 1986 p. 2
Division V — Miscellaneous
[33.Repealed in Gazette 19 Jul 1985 p. 2
34.Breach of by‑laws — Penalties
Any person who commits a breach of any of the foregoing by‑laws, or who refuses or neglects to obey any injunction in any such by‑law, or to comply with any requirements therein contained, is liable upon conviction to a penalty not exceeding $2 000, and, in the case of a continuing breach, to a further penalty not exceeding $200 for each day the offence continues after notice has been given by or on behalf of the Corporation to the offender.
[By‑law 34 amended in Gazette 17 Aug 1966 p. 2221; 19 Jul 1985 p. 2505‑6; 29 Dec 1995 p. 6329.]
[by‑law 30]
Re‑connection fee ........................................................................ $10.00
[Schedule inserted in Gazette 29 Jun 1988 p. 2126; amended in Gazette 29 Jun 1989 p. 1890; 29 Jun 1990 p. 3248; 28 Jun 1991 p. 3288; 26 Jun 1992 p. 2844; 1 Jul 1993 p. 3249; 29 Jun 1994 p. 3170; 30 Jun 1995 p. 2776.]
Notes
1This reprint is a compilation as at 8 August 2003 of the Ord Irrigation District By-laws and includes the amendments made by the other written laws referred to in the following table
2These by-laws have effect for the purposes of the Rights in Water and Irrigation Act 1914 but the power to make them is given by the Water Agencies (Powers) Act 1984 s. 34(1).
3Now known as the Ord Irrigation District By-laws; citation inserted (see note under bl. 1).
4The Ord Irrigation District Amendment By‑laws 1986 bl. 8 reads as follows:
“
8.Savings
Nothing in these by‑laws affects the application of the principal by‑laws, as in force before the coming into operation of these by‑laws, in relation to —
(a)the payment of rates and charges levied on land in respect of a rating year commencing before 1 July 1986; or
(b)the amount of a charge prescribed for water taken or supplied, or for a re‑connection, where the water was taken or supplied or the re‑connection was effected, as the case may be, before 1 July 1986.
”.
5The Water Authority Amendment By‑laws 1992 bl. 2 reads as follows:
“
2.Application
Nothing in these by‑laws affects the application after 1 July 1992 of a by‑law in force before that day in so far as that by‑law relates
to a fee or charge for a period commencing before that day or to a fee or charge for any matter or thing done before that day.
”.
6The Water Authority Amendment By‑laws 1993 bl. 2 reads as follows:
“
2.Application
Nothing in these by‑laws affects the application after 1 July 1993 of a by‑law in force before that day in so far as that by‑law relates to a fee or charge for a period commencing before that day or to a fee or charge for any matter or thing done before that day.
”.
7The Water Authority Amendment By‑laws 1994 bl. 3 read as follows:
“
3.Application
Nothing in these by‑laws affects the application after 1 July 1994 of a by‑law in force before that day in so far as that by‑law relates to a fee or charge for a period commencing before that day or to a fee or charge for any matter or thing done before that day.
”.
8The Water Authority Amendment By‑laws 1995 bl. 3 reads as follows:
“
3.Application
Nothing in these by‑laws affects the application after 1 July 1995 of a by‑law in force before that day in so far as that by‑law relates to a fee or charge for a period commencing before that day or to a fee or charge for any matter or thing done before that day.
”.
By Authority: JOHN A. STRIJK, Government Printer