AN ACT relating to Rights in Natural Waters, to make provision for the Conservation and Utilisation of Water for Industrial Irrigation, and for the Construction, Maintenance, and Management of Irrigation Works, and for other purposes.

B

[Assented to 22nd September, 1914.]

E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. (1.) This Act may be cited as the Rights in Water and Irri- Short title. gation Act, 1914.

Interpretation.

Q., 1910, No. 25, s. 4.

See Vic., No. 2016, s. 3.

Q., 1910, No. 25, s. 4.

Vic., No. 2016, s. 3.

VI. THE CONSTRUCTION AND MAINTENANCE OF

2. In this Act, unless the context otherwise indicates:-
"Artesian Well" means an artesian well, together with all
works as hereinafter defined, constructed, or erected in
connection therewith; the term does not include any well
from which the water does not flow naturally, but has
to be raised by pumping or other artificial means.
"Bed" with reference to any watercourse, lake, lagoon, swamp
or marsh means the land over which normally flows,
or which is normally covered by, the water thereof,
whether permanently or intermittently; but does not
include land from time to time temporarily covered by
the flood waters of such watercourse, lake, lagoon, swamp
or marsh, and abutting on or adjacent to such bed.
"Board" means an Irrigation Board constituted under this
Act, and in Part III. includes a Board constituted under
the Water Boards Act, 1904; the term also includes the
Minister acting in the exercise of the powers and authori-
ties conferred on a Board.

"Crown Land" means land vested in His Majesty which is
not for the time being dedicated to any public purpose,
or subject to any grant, lease, license, contract, or en-
gagement made by or on behalf of His Majesty.
"District" means an Irrigation District constituted under this
Act.

"Gazette" means the Government Gazette of Western Aus-
tralia.

"Irrigable" as applied to land means land which the Commissioners appointed under this Act certify to be suitable for irrigation, and of such situation as to be capable of being irrigated by gravitation from works or proposed works.

"Irrigation" means any method of causing water from a water-course or works to flow upon and spread over land for the purpose of tillage or improvement of pasture, or of applying water to the surface of land for the like purpose.

In

In the expression "Lake, lagoon, swamp or marsh," each Vic., No. 2016, s. 3. term means a natural collection of water into and out of which passes either continuously or intermittently in a natural channel a current forming the whole or part of the flow of a river, creek, stream, or water-course. "Local Authority" means the Council of a Municipality constituted under the Municipal Corporations Act, 1906, or a Road Board constituted under the Roads Act, 1911. "Minister" means the Minister for Water Supply, Sewerage, and Drainage, or such other member of the Executive Council as the Governor may appoint to administer this Act.

66

'Occupier" means the person by whom, or on whose behalf,
any land is occupied, and if there is no occupier the per-
son entitled to possession.

"Owner" means the person who, for the time being, is en-
titled to receive the rent of any land, either on his own
account or on account of some other person, or who would
be entitled to receive the rent if the land were let at a
rent.

"Prescribed" means prescribed by this Act or the regulations

or by-laws made under this Act.

"Spring" means a spring of water naturally rising to and See Q., 1910, No. 25, flowing over the surface of land.

"Water-course" means a river, stream, or creek in which water flows in a natural channel, whether permanently or intermittently.

"Works" means works for the conservation, supply, and utilisation of water, together with all sources of supply, streams, reservoirs, artesian wells, buildings, machinery, pipes, drains, and other works constructed or erected for the purposes of this Act, and all appurtenances to the same, and all lands reserved, occupied, held, or used in connection with works.

PART II. THE MINISTER.

s. 4.

3. (1.) The general administration of this Act shall be under The Minister and the control of the Minister.

advisory Commissioners.

(2.) All lands acquired for or dedicated to the purposes See Q., 1910, No. 25, of this Act, and all irrigation works constructed, or in course of s. 60. construction under this Act, and all irrigation works constructed by the Government before the commencement of this Act which the Governor may, by Order in Council, declare to be subject to this Act, shall vest in the Minister on behalf of His Majesty

(a.) until such lands and works are vested in a Board, under
the provisions hereinafter contained; or

(b.) on the dissolution of any Board in which such lands and
works may have been vested.

(3.)

Natural waters

See Vic., No. 2016,

8. 4.

(3.) The Minister may exercise, within any District, all the powers and authorities, except the power to borrow money conferred by section fifty-two, and shall have all the immunities, conferred by this Act on a Board

(a.) until the constitution of a Board for such District; and (b.) after the dissolution of the Board for such District.

(4.) The Governor shall, from time to time, appoint three or more persons, who may be officers of the Public Service, as Commissioners to advise the Minister upon matters relating to the administration of this Act, and any other Act in force for the time being relating to irrigation or land drainage.

The Governor may, from time to time, appoint any officer of the Public Service to act, for such time as the Governor thinks fit, as the deputy of a Commissioner during his absence or illness, or for other sufficient cause.

Any person appointed a Commissioner shall hold such office at the will of the Governor.

(5.) The Governor may, from time to time, appoint such officers and servants as may be necessary for the administration of this Act.

PART III.-RIGHTS IN NATURAL WATERS.

4. (1.) The right to the use and flow and to the control of the vest in the Crown. water at any time in any water-course, and in any lake, lagoon, swamp or marsh, and in any spring, and subterranean source of supply shall, subject only to the restrictions hereinafter provided, and until appropriated under the sanction of this Act, or of some existing or future Act of Parliament, vest in the Crown.

N.S.W., 1902, No.

51, s. 4.

Q.. 1910, No 25, s. 5.

The alveus of

water-courses and

(2.) This section shall not operate so as to prevent any person from draining any land, or making any dam or tank upon any land, of which he is the owner or occupier: Provided that the flow of water in any water-course, or into or out of any lake, lagoon, swamp or marsh is not thereby sensibly diminished.

(3.) Provided also that this Act shall not apply to the water flowing from any spring until it has passed beyond the boundaries of the land belonging to the owner or occupier of the land whereon such spring exists; and it shall also not apply to any subterranean source of water supply from which the water does not flow naturally, but has to be raised by pumping or other artificial

means.

5. (1.) Where a watercourse or lake, lagoon, swamp or marsh lakes not alienated. forms the boundary or part of the boundary of a parcel of land heretofore alienated by the Crown, the bed thereof shall, for the purposes of this Act, be deemed to have remained the property Q., 1910, No. 25, s. 6. of the Crown, and not to have passed with the land so alienated.

Vic., No. 2016,

8. 5.

(2.)

(2.) Where a watercourse, or lake, lagoon, swamp or marsh shall form the boundary, or part of the boundary of a parcel of land hereafter alienated by the Crown, the bed thereof shall, notwithstanding such alienation, remain the property of the Crown, and shall not pass with the land so alienated.

(3.) In any such case, whether of land heretofore or hereafter alienated by the Crown, such bed shall be and remain the property of the Crown notwithstanding that one and the same person has been or is the owner of the lands adjacent to both banks.

6. Except as hereinafter provided, or except under the Diversions from sanction of this Act or of some existing or future Act of Par- water-courses, etc., prohibited, except liament, no person shall divert or appropriate any water from under legal any water-course, or from any lake, lagoon, swamp or marsh, save sanction. in the exercise of the general right of all persons to take water for Vic., No. 2016, s. 6. domestic and ordinary use, and for watering cattle or other stock Q., 1910, No. 25, s. 7 from any water-course, and from any lake, lagoon, swamp or marsh, vested in the Crown and to which there is access by a public road

or reserve.

7. Notwithstanding anything in this Act contained-
(a.) the owner or occupier for the time being of any land
adjacent to any water-course, lake, lagoon, swamp, or
marsh, the bed whereof is by this Act declared to have
remained the property of the Crown, shall have the like
access to the portion of such bed to which such land is
adjacent, and the like use of such portion as if this
Act had not passed, provided that such portion
has not been actually appropriated by or under the
sanction of the Crown for any of the purposes of this
Act; and

(b.) such owner or occupier may have and pursue against any person trespassing upon such portion any remedy for such trespass which such owner or occupier might have had and pursued if this Act had not passed, and as if such person were a trespasser upon land in the possession of such owner or occupier.

But, save for the access and use aforesaid, this section shall not be deemed to restrict the right of the Crown to pursue any remedy against any person trespassing upon such bed nor shall this section entitle such owner or occupier to have or pursue any remedy for trespass against the Crown, the Minister, or a Board, or any person acting under the sanction of the Crown, the Minister, or a Board.

Owner of land ad-
Jacent to water-

course to have
access and remedy
Vic., No. 2016,

for trespass.

s. 7.

Q.,1910, No. 25, s. 8.

8.