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Water/Sewerage
GOVERNMENT GAZETTE Western Australia
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No. 29. 04-Mar-2011
Page: 702 Pdf - 465kb
WA301

Rights in Water and Irrigation Act 1914

Rights in Water and Irrigation Exemption (Section 26C) (Dewatering) Order 2010

Made by the Governor in Executive Council under section 26C of the Act.

1. Citation

This order is the Rights in Water and Irrigation Exemption (Section 26C) (Dewatering) Order 2010.

2. Commencement

This order comes into operation as follows —

(a) clauses 1 and 2 — on the day on which this order is published in the Gazette;

(b) the rest of the order — on the day after that day.

3. Term used: proclaimed area

In this order —

proclaimed area means an area proclaimed under section 26B of the Act.

4. Exemption from sections 5C and 26B(3) to (6) of the Act

(1) Sections 5C and 26B(3) to (6) of the Act do not apply in relation to a non-artesian well in a proclaimed area if —

(a) the only water that can be taken from the well is from the water table aquifer; and

(b) water is taken from the well solely for the purpose of removing underground water to facilitate construction or other activity (that is, dewatering); and

(c) the water is taken at a pump rate not exceeding 10 litres per second over a period of less than 30 consecutive days; and

(d) the volume of water taken over the period referred to in paragraph (c) does not exceed 25 000 kilolitres.

(2) For the purposes of this order, all proclaimed areas are specified.

5. The Rights in Water and Irrigation Dewatering Exemption (Section 26C) Order 2005 cancelled

The Rights in Water and Irrigation Dewatering Exemption (Section 26C) Order 2005 is cancelled.

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.

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