Water Agencies (Powers) Act 1984

CEO means the chief executive officer of the Department;

conduit includes a pipe or culvert;

Department means the department of the Public Service principally assisting in the administration of this Act;

drain means —

whether natural or constructed, which was or is used or intended to be used to carry surplus water, and includes any part of such a conduit or channel;

fittings includes all pipes, meters, or other apparatus used for or in connection with the supply of water, and all pipes, cisterns, traps, syphons, manholes, ventilators, and all other apparatus connected with and requisite to secure the safe and proper working of any drain, sewer or property sewer;

fixtures, in relation to sewerage, includes all apparatus that may be attached to the plumbing system of a property for the collection, pumping or retention of any wastewater for ultimate discharge into the sewerage system and includes closet pans, urinals, baths, sinks, basins, troughs and pumps connected with the sewerage system;

former Authority means the Water Authority of Western Australia under this Act before the commencement of Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995;

former Commission means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995 ¹ and in existence before the repeal of that Act;

former Minister means a Minister of the Crown who has at any time been charged with the administration of a relevant Act;

functions include powers, duties and authorities;

government department or department includes any branch of the Public Service of the State established as a department within the meaning of that term as defined in the Public Sector Management Act 1994 ², but also means any other body established by an Act being a body that —

land includes any building or other structure on, over or under the land, and any tenement or hereditament of any tenure related to the land;

Metropolitan Water, Sewerage, and Drainage Area means the area constituted under section 6 of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909;

Ministerial Body means the Water Resources Ministerial Body established by section 11;

occupier means the person in actual occupation of land, or if there is no person in actual occupation, the person entitled to possession of the land;

owner has the meaning assigned in the Local Government Act 1995;

pipe means a main, reticulation, or service pipe used for water services, and includes any plug, stop‑cock, water‑cock, syphon, branch or apparatus used in connection with such pipe and any part of a pipe;

plant includes machinery, equipment, vehicles, boats or other apparatus utilised in the provision of water services;

premises means any land, street, structure or other place;

property sewer means a conduit, through, on or under any street or other land, whether public or private, laid wholly or partly by or at the expense of the owner or occupier of any premises for the carriage therefrom of any sewage or wastewater to any sewer, and any part of such a conduit;

relevant Act means an Act referred to in section 5(1);

reservoir means a reservoir, dam, tank or cistern;

road has the same meaning as street;

sewage has the same meaning as wastewater;

sewer means a conduit through, on or under any street or other land, whether public or private, for the carriage of any sewage or wastewater, and includes any part of such a conduit but does not include a conduit that is a property sewer;

statutory authority means —

who or which administered or administers, or carried out or carries out on behalf of the Crown in right of the State functions in the public interest (being functions which the Minister or the CEO, as the case requires, is by this Act authorised to administer) pursuant to, a relevant Act;

street includes any highway, thoroughfare, lane, alley, square, court, place of public passage, public wharf, jetty or bridge and any private road maintained by a local government or other public authority;

surplus water means storm water, surface water or underground water which accumulates or may accumulate to the detriment or disadvantage of any person;

wastewater means liquid waste, whether domestic or otherwise, and includes faecal matter and urine;

water resources includes —

water services means water supply, sewerage, drainage or irrigation services;

watercourse has the meaning given to that term in section 2(1) of the Rights in Water and Irrigation Act 1914;

well means a pit, excavation, shaft, hole, bore or other opening made for the purpose of obtaining a supply of underground water;

wetland has the meaning given to that term in section 2(1) of the Rights in Water and Irrigation Act 1914;

works includes waterworks, sewerage works, drainage works, gauging works, wells, weirs and irrigation works including surveys, excavations, structures, buildings and plant provided by or used or intended to be used by the Minister for the assessment, control or management of water resources and the term may be construed as including the land upon which works are constructed or provided.

[Section 3 amended: No. 25 of 1985 s. 3; No. 110 of 1985 s. 4; No. 24 of 1987 s. 3 ³; No. 113 of 1987 s. 32; No. 73 of 1995 s. 8 and 42; No. 14 of 1996 s. 4; No. 67 of 2003 Sch. 2 cl. 74; No. 38 of 2007 s. 105; No. 25 of 2012 s. 77 and 109.]

[4. Deleted: No. 73 of 1995 s. 9.]