Rights In Water and Irrigation Act 1914

[Incorporating the amendments proposed by the Rights in Water and Irrigation Amendment Bill 1999.]

CONTENTS

Long Title

Part I - Preliminary

1.        Short title
2.   Interpretation
3.   Meaning of "watercourse"

Part III - Control of Water Resources

Division 1 - Objects and application of this Part
4.        Objects
4A.   Meaning of "watercourse" in this Part
5.   Waters to which this Part does not apply

Division 1A - Ownership and control of waters
5A.        Natural waters vest in Crown
5B.   Saving for works
5C.        Unauthorized taking of water prohibited
5D.        Rights cannot be acquired by length of use
5E.        Civil remedy where unlawful taking of water affects rights

Division 1B - Certain surface waters
6.        Application of Division
7.   Saving
9.   Riparian right defined
10.   Other rights to water
11.   Works for purposes of section 10
12.   Certain riparian owners may apply for special licences to divert and use water
15.   The alveus of waters not alienated
16.   Owner of land adjacent to watercourse to have certain rights
17.   Interference prohibited
17A.   Saving for existing dams
17B.   Regulations as to permits for section 17
18.   Obstruction of flow

Division 2 - Other surface waters
19.        Application of Division
20.   Riparian right defined
21.   Other rights to water
21A.   Works for purposes of section 21
22.   Directions
24.   Saving of civil remedy
25.   Offences

Division 3 - Underground waters
25A.        Rights to take water from non-artesian wells in prescribed areas
26.   Local by-laws for section 25A
26A.   Artesian wells to be licensed
26B.   Non-artesian wells in certain areas to be licensed
26C.   Exemptions
26D.   Application for and issue of licences
26E.   Information on non-artesian wells
26F.   Penalty for alterations in licensed well or contravention of licence
26G.   Powers of Commission in case of improper use of water

Division 3A - Limitations on rights conferred by and under Divisions 1B, 2 and 3

Subdivision 1 - Limitations where water is augmented

26GA.        Rights under sections 9, 10, 20 and 21 do not extend to augmented volume of water

Subdivision 2 - Limitations imposed by direction

26GB.        Definition
26GC.   Commission may give directions
26GD.   When section 26GC applies
26GE.   Further provisions as to orders and determinations
26GF.   Directions override other rights

Division 3B - Appeals
26GG.        Appeals relating to licences to take water
26GH.   Appeals relating to directions as to the taking of water
26GI.   Appeals relating to licences under Division 3
26GJ.   Schedule 2 applies to appeals

Division 3C - Local water resources committees
26GK.        Establishment of committees
26GL.   Certain requirements for orders under section 26GK
26GM.   Functions of committees
26GN.   Particular duties of members
26GO.   Procedure
26GP.   Delegation
26GQ.   Commission to provide support
26GR.   Remuneration
26GS.   Protection from liability
26GT.   Execution of documents by committee

Division 3D - Plans for management of water resources

Subdivision 1 - Plans and their contents

26GU.        Preparation of plans
26GV.   Classification of plans
26GW.   Purposes of regional management plans
26GX.   Purposes of sub-regional management plans
26GY.   Purposes of local area management plans
26GZ.   Consultation with water resource committees

Subdivision 2 - Public consultation and approval of plans

26GZA.        Plan to be publicly notified
26GZB.   Public submissions
26GZC.   Referral of plan to other bodies
26GZD.   Modification of plan
26GZE.   Approval of plan
26GZF.   Notice and commencement
26GZG.   Rvocation, amendment and correction of plan

Division 3E - Register of instruments
26GZH.        Definition
26GZI.   Register
26GZJ.   Information to be included in register
26GZK.   Transfer of licence to be recorded
26GZL.   Application for notation of security interest
26GZM.   Notation of security interest
26GZN.   Commission not to be concerned with certain matters
26GZO.   Person who has security interest to be notified of certain events
26GZP   Coordinator of Water Services to be notified of certain events
26GZQ.   Removal or variation of notation
26GZR.   Register may be amended
26GZS.   No compensation payable
26GZT.   Regulations relating to register

Division 4 - Miscellaneous
26H.        Right of entry to the Crown
26J.   Commission entitled to institute proceedings
26K.   This Part binds the Crown and statutory undertakers
26L.   Local by-laws
26M.   Licensing schemes under local by-laws
26N.   Prerequisites for making local by-laws
26O.   Local by-laws for control of drainage
26P.   Local by-laws relating to flood protection works
26Q.   Commission may undertake certain work
27.   Regulations
27A.   Regulations may require other acts to be licensed
27B.   Regulations as to licences and permits

Part IV - Irrigation Districts
28.        Constitution of Irrigation Districts
29.   Governor may alter boundaries of Districts

Part VI - The construction and maintenance of works
33.        Works
35.   No action maintainable for injury to riparian rights or for flooding
36.   Compensation
37.   Disputes as to compensation
38.   Principles in awarding compensation

Part VII - The supply of water and water charges
39.        Appropriation of water for irrigation
39A.   Unlawful taking of water an offence
39B.   Evidentiary provision
39C.   Fraudulent taking of water
39E.   Objection to entry in rating records
39F.   Appeal against decision of Corporation on objection
39G.   Appeal against refusal to extend time for objection on appeal
39H.   Objection or appeal not to affect liability to pay rates
39I.   Corporation to amend records and assessment consequent on objections
40C.   Provisions concerning rates and charges
41.   Supply of water for irrigation
42.   Persons entitled to water for irrigation
42A.   Installation of measuring instruments
43.   Where supply of water insufficient, Corporation to supply proportionally
44.   Governor may regulate order of supply in cases of deficiency

Part X - By-laws
59.        By-laws

Part XI - General provisions
63.        Corporation may undertake work to render land fit for irrigation
64.   Water supply to railways
66.   Service of notices and demands
67.   Notices binding on persons claiming under owner or occupier
69.   Saving of civil remedy
70.   Obstructing authorized persons in performance of duty
71.   Penalty for refusing to give up possession of works
72.   General penalty
73.   Offender may be arrested
74.   Proceedings for offences
75.   Any officer of the Commission or the Corporation may represent the Commission or the Corporation
79.   Proof of ownership or occupancy
79A.   Proof of works

Schedule 1 - Licensing and related provisions

Division 1 - Preliminary
  1. Definition
  2. Licences for different purposes
  3. Persons who are eligible to hold licences

Division 2 - Applications and licensing decisions
  1. Applications for licences
  2. Advertising of applications
  3. Right to make representations
  4. Grant or refusal at Commission's discretion
  5. When Commission must refuse licence
  6. Where applicant is not a person eligible to hold a licence
  7. Commission to give certain information
  8. Licences may be combined
  9. Duration of licences
  10. Licensee becoming ineligible
  11. Licensee ceasing to be owner or occupier of land

Division 3 - Terms, conditions and restrictions
  1. Inclusion of terms, conditions and restrictions in licences
  2. Compliance with condition when licence inoperative
  3. Condition for payment of money to another licensee
  4. Commission may direct compliance with licence condition

Division 4 - Notation on licence of interest of third party
  1. When clause 20 applies
  2. Restrictions on dealing with licence
  3. Further provisions as to notation

Division 5 - Renewal of licences
  1. Renewal of licences

Division 6 - Amendment, suspension, cancellation and surrender of licences
  1. Application by licensee for amendment of licence
  2. Commission may amend licence
  3. Commission may suspend or cancel licence
  4. Licensee's rights before licence amended, suspended or cancelled
  5. Surrender of licences

Division 7 - Transfers of licences and water entitlements
  1. Definition
  2. Transfers of licences and entitlements
  3. Transfer may be absolute or for a period
  4. Approval of Commission required
  5. Application for Commission's approval
  6. Commission may direct that assessment be made
  7. Consent of persons having a security interest
  8. Requirement for notice of application in certain cases
  9. Endorsement and record of dealings

Division 8 - Transfer of licences and water entitlements to the Commission
  1. Definition
  2. Authority of Commission to receive transfers

Division 9 - Compensation
  1. Compensation

Division 10 - Issue of licences and transfer of licences and water entitlements by the Commission for a premium
  1. Authority of Commission to issue licences at a premium
  2. Authority of Commission to transfer licences etc. for a premium

Division 11 - Miscellaneous
  1. Notification to be given to Registrars
  2. Licensee to maintain facilities
  3. Licensee to notify change of circumstances
  4. Duplicate licences
  5. Meters
  6. Meter reading to be presumed correct

Appendix to Schedule 1

Schedule 2 - Appeal provisions
  1. Definition
  2. Bringing an appeal
  3. Notice of appeal
  4. Decision may be suspended
  5. Action that Minister may take
  6. Conduct of inquiry
  7. Appellant to be given copy of report
  8. Stating a case to District Court
  9. Decision of Minister on the appeal

Notes