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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Water Conservation and Management Bill 2003
CONTENTS
1. Short title 1
2. Commencement 1
3. Interpretation 2
4. Use of water restricted 2
5. Stage of Restrictions 2
6. Corporation to provide reasons 3
7. Minister may cancel notice of restrictions 3
8. Savings and transitional provisions 4
Schedule 1 -- Restrictions on Watering
Lawns and Gardens 5
1. Interpretation 5
2. Stage 1 5
3. Stage 2 5
4. Stage 3 6
5. Stage 4 7
6. Stage 5 7
7. Stage 6 8
8. Stage 7 8
Schedule 2 -- Savings and Transitional
Provisions 9
1. Water Agencies (Water Restrictions) By-laws 1998
repealed 9
2. Notices under Water Agencies (Water Restrictions)
By-laws 1998 taken to be notices of restrictions 9
225--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Hon. P. G. Pendal, MLA)
Water Conservation and Management Bill 2003
A Bill for
An Act to provide for permanent restrictions on the use of water
supplied by the Water Corporation, to vest powers in the Water
Corporation to adjust those restrictions and for incidental purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Water Conservation and
Management Act 2003.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 1
Water Conservation and Management Bill 2003
s. 3
3. Interpretation
In this Act, unless the contrary intention appears --
"Corporation" means the Water Corporation established by
section 4 of the Water Corporation Act 1995;
5 "notice of cancellation" means a notice published by the
Minister under section 7(1);
"notice of restrictions" means a notice published by the
Corporation under section 5(2);
"stage of restrictions" means a stage of restrictions set out in
10 Schedule 1.
4. Use of water restricted
(1) Subject to subsection (2), a person must not, without the written
approval of the Corporation, use water supplied by the
Corporation in contravention of the stage of restrictions
15 applicable under this Act.
Penalty: $500.
(2) A person does not commit an offence under subsection (1) if --
(a) the person uses the water to water a market garden or
plant nursery to the minimum extent necessary to ensure
20 the viable operation of the market garden or plant
nursery; and
(b) the market garden or plant nursery is not supplied with
water other than by the Corporation.
5. Stage of Restrictions
25 (1) Subject to subsection (2), the stage of restrictions designated
stage 1 applies throughout the State.
(2) The Corporation may, by notice published in the Gazette,
specify that another stage of restrictions applies to an area of the
State specified in the notice.
page 2
Water Conservation and Management Bill 2003
s. 6
(3) A notice of restrictions may amend or revoke any previous
notice of restrictions.
(4) A notice of restrictions must specify the day from which the
stage of restrictions applies to the area, being a day not less than
5 48 hours after the publication of the notice of restrictions in the
Gazette.
6. Corporation to provide reasons
(1) Where the Corporation publishes a notice of restrictions, the
Corporation must at the same time --
10 (a) prepare a report of its reasons for specifying the stage of
restrictions set out in the notice of restrictions; and
(b) provide the report to the Minister.
(2) Where the Minister receives a report prepared under
subsection (1) the Minister must, as soon as is practicable after
15 the report is received, cause it to be laid before each House of
Parliament.
7. Minister may cancel notice of restrictions
(1) Where the Corporation has published a notice of restrictions and
the Minister is of the opinion that the stage of restrictions
20 specified in the notice is oppressive or unreasonable, the
Minister may, by notice published in the Gazette, cancel the
notice of restrictions.
(2) Where the Minister publishes a notice of cancellation, the stage
of restrictions in force immediately prior to the publication of
25 the notice of cancellation shall apply.
(3) Where the Minister publishes a notice of cancellation, the
Minister must, as soon as practicable after publishing the notice
of cancellation --
(a) prepare a report of the Minister's reasons for canceling
30 the notice of restrictions; and
(b) cause it to be laid before each House of Parliament.
page 3
Water Conservation and Management Bill 2003
s. 8
8. Savings and transitional provisions
The savings and transitional provisions in Schedule 2 have
effect.
page 4
Water Conservation and Management Bill 2003
Restrictions on Watering Lawns and Gardens Schedule 1
Schedule 1 -- Restrictions on Watering Lawns and
Gardens
[s. 5]
1. Interpretation
5 In this Schedule --
"evening period" means the period after 6.00 p.m.;
"morning period" means the period before 9.00 a.m.;
"specified" means specified in a notice of restrictions.
2. Stage 1
10 A person must not water a lawn or garden except by --
(a) reticulation during either, but not on both, the morning period
or the evening period on a particular day;
(b) a hand held hose with one outlet; or
(c) a hand held watering can.
15 3. Stage 2
(1) A person must not water a lawn or garden except by --
(a) reticulation during either, but not on both, the morning period
or the evening period --
(i) on any even numbered day of the month if the
20 relevant property has an even street number or, where
there is no street number, an even lot number; or
(ii) on any odd numbered day of the month if the relevant
property has an odd street number or, where there is
no street number, an odd lot number;
25 (b) a hand held hose with one outlet; or
(c) a hand held watering can.
(2) A person must not spray a building, path, paved area or road except to
the minimum extent necessary for --
(a) fire fighting;
page 5
Water Conservation and Management Bill 2003
Schedule 1 Restrictions on Watering Lawns and Gardens
(b) the cleaning of the building, path, paved area or road so as to
avoid a threat to public health; or
(c) the construction or repair of the building, path, paved area or
road.
5 (3) A person must not fill a swimming pool except to the minimum extent
necessary to maintain the proper functioning of the pool by replacing
water lost through evaporation or ordinary use.
4. Stage 3
(1) A person must not water a lawn or garden except by --
10 (a) reticulation during either, but not on both, the morning period
or the evening period --
(i) on any Saturday, Monday or Thursday if the relevant
property has an even street number or, where there is
no street number, an even lot number; or
15 (ii) on any Sunday, Tuesday or Friday if the relevant
property has an odd street number or, where there is
no street number, an odd lot number;
(b) a hand held hose with one outlet; or
(c) a hand held watering can.
20 (2) A person must not spray a building, path, paved area or road except to
the minimum extent necessary for --
(a) fire fighting;
(b) the cleaning of the building, path, paved area or road so as to
avoid a threat to public health; or
25 (c) the construction or repair of the building, path, paved area or
road.
(3) A person must not fill a swimming pool except to the minimum extent
necessary to maintain the proper functioning of the pool by replacing
water lost through evaporation or ordinary use.
page 6
Water Conservation and Management Bill 2003
Restrictions on Watering Lawns and Gardens Schedule 1
5. Stage 4
(1) A person must not water a lawn or garden except by --
(a) reticulation during either, but not on both, the morning period
or the evening period on one or both of 2 days of the week
5 specified in relation to the relevant property;
(b) a hand held hose with one outlet; or
(c) a hand held watering can.
(2) A person must not spray a building, path, paved area or road except to
the minimum extent necessary for --
10 (a) fire fighting;
(b) the cleaning of the building, path, paved area or road so as to
avoid a threat to public health; or
(c) the construction or repair of the building, path, paved area or
road.
15 (3) A person must not fill a swimming pool except to the minimum extent
necessary to maintain the proper functioning of the pool by replacing
water lost through evaporation or ordinary use.
6. Stage 5
(1) A person must not water a lawn or garden except by --
20 (a) reticulation during either, but not on both, the morning period
or the evening period on one day of the week specified in
relation to the relevant property;
(b) a hand held hose with one outlet; or
(c) a hand held watering can.
25 (2) A person must not spray a building, path, paved area or road except to
the minimum extent necessary for --
(a) fire fighting;
(b) the cleaning of the building, path, paved area or road so as to
avoid a threat to public health; or
30 (c) the construction or repair of the building, path, paved area or
road.
page 7
Water Conservation and Management Bill 2003
Schedule 1 Restrictions on Watering Lawns and Gardens
(3) A person must not fill a swimming pool except to the minimum extent
necessary to maintain the proper functioning of the pool by replacing
water lost through evaporation or ordinary use.
7. Stage 6
5 (1) A person must not water a lawn or garden except by --
(a) a hand held hose with one outlet; or
(b) a hand held watering can.
(2) A person must not spray a building, path, paved area or road except to
the minimum extent necessary for --
10 (a) fire fighting;
(b) the cleaning of the building, path, paved area or road so as to
avoid a threat to public health; or
(c) the construction or repair of the building, path, paved area or
road.
15 (3) A person must not fill a swimming pool except to the minimum extent
necessary to maintain the proper functioning of the pool by replacing
water lost through evaporation or ordinary use.
8. Stage 7
(1) A person must not water a lawn or garden except by a hand held
20 watering can.
(2) A person must not spray a building, path, paved area or road except to
the minimum extent necessary for --
(a) fire fighting;
(b) the cleaning of the building, path, paved area or road so as to
25 avoid a threat to public health; or
(c) the construction or repair of the building, path, paved area or
road.
(3) A person must not fill a swimming pool.
page 8
Water Conservation and Management Bill 2003
Savings and Transitional Provisions Schedule 2
Schedule 2 -- Savings and Transitional Provisions
[s. 8]
1. Water Agencies (Water Restrictions) By-laws 1998 repealed
The Water Agencies (Water Restrictions) By-laws 1998 made under
5 the Water Agencies (Powers) Act 1984 are repealed.
2. Notices under Water Agencies (Water Restrictions) By-laws 1998
taken to be notices of restrictions
A notice under by-law 2(3) of the Water Agencies (Water
Restrictions) By-laws 1998 made under the Water Agencies (Powers)
10 Act 1984 in force immediately prior to the commencement of this Act
continues to have effect, on the commencement of this Act, and may
be amended or revoked, as if the notice were a notice of restrictions.
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