Western Australia: Water Authority Act 1984 (WA)

Western Australia Water Agencies (Powers) Act 1984 Western Australia Water Agencies (Powers) Act 1984 Contents Part I — Preliminary, and other matters 1. Short title 2 2. Commencement 2 3. Terms used 2 5. Relevant Acts 6 8. Vesting interest in land in Minister 7 Part II — The Minister and the Water Resources Ministerial Body Division 1 — General functions and powers of the Minister 9. General functions and powers of Minister 9 10. Functions and powers of Minister — relation to other functions and powers 10 Division 2 — The Water Resources Ministerial Body 11. Water Resources Ministerial Body established 10 12. Purpose and nature of Ministerial Body 10 13. Execution of documents by Ministerial Body 11 Division 3 — Minister to have access to certain information 14. Minister may get certain information from water service licensees 12 15. Use or disclosure of information obtained under s. 14 14 Part IIA — The Water Resources Council 16. Water Resources Council established 16 17. Membership of Council 16 18. Functions of Council 16 19. Term of office 17 20. Casual vacancy 17 21. Remuneration and allowances 18 22. Quorum 18 23. Who presides at meetings 18 24. Disclosure of interests 18 25. Procedure at meetings 19 26. Minutes 19 27. Staff and other resources 19 28. Application of Financial Management Act 2006 20 Part IIB — Regulations and by‑laws 34. By‑laws 21 36. Regulations and by‑laws generally 22 37. Regulations 25 38. Revocation or amendment of local laws and planning schemes 25 Part III — Liability, indemnity etc. 62. Damage to land etc. by Minister or Corporation, compensation for etc. 27 63. Actions for damages generally 28 Part VI — Entry onto land 70. Power of entry 30 71. Power of inspection etc. 31 72. Notice of entry 32 73. Rights as to entry etc. in emergency 34 Part VII — Acquisition of land or interests in land 74. Term used: land 36 75. Partial interests in land, acquisition of 36 77. Agreements incidental to land matters 37 78. Power to dispose of acquired land no longer needed for statutory purpose 38 79. Subdivision of acquired land 39 81. Claims against Crown for use of land and application of Public Works Act 1902 39 Part VIII — Works Division 1 — Carrying out of works under this Part 82. Power to carry out works 44 83. Powers relating to works 44 84. Property in works 46 Division 2 — Preliminaries to works Subdivision A — Interpretation 86. Terms used 47 Subdivision B — Major works 87. Power to carry out major works 49 88. Advertisements and notices to occupiers etc. of proposed major works 50 89. Objections to and comments on proposed major works 51 91. Alteration or extension of major works, Minister's powers as to 51 Subdivision C — General works 92. Power to carry out general works 52 93. Notices to occupiers etc. of proposed general works 52 94. Objections to and comments on proposed general works 53 95. Authorisation for general works 54 Subdivision D — Exempt works 96. Minister to carry out exempt works 54 Subdivision E — Deviation and modification 97. Certain deviations from and modifications of proposed works permitted 55 Part IX — Infringement notices 103. Infringement notices 57 Part X — Administrative provisions 104. Delegation by Minister 60 105. Delegation by CEO 61 106. Directions to Corporation etc. about Government policy 62 107. Non‑public sector staff for Department 63 108. Provision of departmental staff, services and facilities to related entities 63 109. Advisory committees 64 110. Laying documents before Parliament 64 111. Protection from personal liability 65 112. Confidential information 66 Notes Compilation table 67 Other notes 70 Defined terms Western Australia Water Agencies (Powers) Act 1984 An Act to give the Minister functions and powers, to make other provisions in respect of the Minister's functions, to establish the Water Resources Ministerial Body and the Water Resources Council, and for related and other purposes. [Long title inserted: No. 73 of 1995 s. 4; amended: No. 67 of 2003 Sch. 2 cl. 73; No. 38 of 2007 s. 104; No. 25 of 2012 s. 76.] Part I — Preliminary, and other matters [Heading amended: No. 73 of 1995 s. 5.] [Division 1 heading deleted: No. 73 of 1995 s. 6.] 1. Short title This Act may be cited as the Water Agencies (Powers) Act 1984. [Section 1 amended: No. 73 of 1995 s. 7.] 2. Commencement The provisions of this Act shall come into operation on a day to be fixed by proclamation. 3. Terms used (1) In this Act and in and for the purposes of any relevant Act, unless that term is otherwise defined in that relevant Act, unless the context otherwise requires — 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 — (a) a conduit on or under any land; or (b) a channel, 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 — (a) administers or carries out in the State functions in the public interest on behalf of the Crown in right of the State, or which carries out the function of a public utility; and (b) is declared by the Governor, by Order in Council, to be deemed to be a government department for the purposes of this Act or a relevant Act; 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 — (a) a Minister of the Crown in right of the State when acting in the capacity of a body corporate; or (b) any person or body, corporate or unincorporate, other than a Minister of the Crown in right of the State, 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 — (a) watercourses, reservoirs, wetlands, estuaries and inlets, together with their beds and banks; and (b) aquifers and underground water; and (c) drainage, surface and surplus water; 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. (2) For the purpose of construing regulations or by‑laws made under a relevant Act prior to the coming into operation of this Act, whether or not subsequently amended — (a) any reference therein to a term assigned a meaning by subsection (1) shall have that meaning, unless the context otherwise requires; and (b) any reference in a regulation or by‑law to the Act under which it was made shall be deemed to include a reference to this Act. (3) Where a provision of this Act or a relevant Act authorises the Minister to enter upon, carry out works in, on, over or under, or exercise any other power in relation to, any land, premises or thing for any purpose the provision shall be deemed as also to authorise an officer of the Department or other person acting on behalf of the Minister, together with such workmen and other persons, vehicles, vessels or plant as may be necessary for the purpose, to exercise that power and to occupy the land so far as is necessary for the purposes of this Act and any reference to a power of, or to an obligation or liability of, the Minister may, where the context so requires, be construed accordingly. [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.] 5. Relevant Acts (1) For the purposes of this Act each of the enactments following is a relevant Act — (a) Metropolitan Arterial Drainage Act 1982; (b) Metropolitan Water Supply, Sewerage, and Drainage Act 1909; (c) Rights in Water and Irrigation Act 1914; [(d), (e) deleted] (f) Country Areas Water Supply Act 1947. (2) In a provision of this Act that has effect by reference to a past event or status, a reference to a relevant Act includes a reference to an Act referred to subsection (1) as in force immediately before the commencement of the Water Services Legislation Amendment and Repeal Act 2012 section 78. [Section 5 amended: No. 25 of 1985 s. 5; No. 73 of 1994 s. 4; No. 73 of 1995 s. 10; No. 19 of 2010 s. 51; No. 25 of 2012 s. 78.] [Division 2 (s. 6) deleted: No. 73 of 1995 s. 11 4.] [Part II heading deleted: No. 73 of 1995 s. 12.] [Division 1 heading deleted: No. 73 of 1995 s. 13.] [7. Deleted: No. 73 of 1995 s. 14.] 8. Vesting interest in land in Minister [(1), (2) deleted] (3) Where the Governor (after, in the case of an interest previously vested in some other Minister of the Crown in right of the State, consultation with that other Minister) by Order in Council so directs, any interest in land specified therein previously vested in the former Authority, a statutory authority, the Crown or some other Minister of the Crown in right of the State which is, or is to be, used by the Minister for the purposes of this or a relevant Act, shall, by operation of this section, be vested in the Minister, and on receipt of any such Order the Registrar of Titles or the Registrar of Deeds and Transfers (as the relevant category of title may require) shall, by reference to the terms of the Order, cause the like record to be made in the document of title or by memorial in the register relating to the title to the land in question to evidence the interest of the Minister as could have been made if a transfer or agreement relating to the vesting had been executed in full form. [Section 8 amended: No. 110 of 1985 s. 5; No. 73 of 1995 s. 15; No. 31 of 1997 s. 137(1); No. 38 of 2007 s. 106; No. 47 of 2011 s. 16; No. 25 of 2012 s. 79.] Part II — The Minister and the Water Resources Ministerial Body [Heading inserted: No. 38 of 2007 s. 107.] Division 1 — General functions and powers of the Minister [Heading inserted: No. 38 of 2007 s. 107.] 9. General functions and powers of Minister (1) The Minister has the general functions of — (a) conserving, protecting and managing water resources; (b) assessing water resources; (c) planning for the use of water resources; (d) promoting the efficient use of water resources; (e) promoting the efficient provision of water services; (f) developing plans for and providing advice on flood management. (2) The Minister has power to do all things necessary or convenient to be done for or in connection with the performance of the Minister's functions. (3) Without limiting subsection (2), the Minister may acquire, hold, manage, improve, develop, dispose of and otherwise deal in real and personal property, including for the general purposes of the Department. (4) In performing the Minister's functions under this section — (a) the Minister is to have regard to water recycling and efficient water use measures when planning the development of new water resources; and (b) the Minister, where appropriate, is to promote decision making processes that involve public consultation. [Section 9 inserted: No. 38 of 2007 s. 107.] 10. Functions and powers of Minister — relation to other functions and powers (1) A function or power given to the Minister by this Act is in addition to any other function or power of the Minister. [(2) deleted] [Section 10 inserted: No. 38 of 2007 s. 107; amended: No. 25 of 2012 s. 80.] Division 2 — The Water Resources Ministerial Body [Heading inserted: No. 38 of 2007 s. 107.] 11. Water Resources Ministerial Body established (1) The Water Resources Ministerial Body is established. (2) The Ministerial Body is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Ministerial Body in its corporate name. (4) The Ministerial Body is to be governed by the Minister. (5) The Ministerial Body is an agent of the Crown and has the status, immunities and privileges of the Crown. [Section 11 inserted: No. 38 of 2007 s. 107.] 12. Purpose and nature of Ministerial Body (1) The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister's functions under this Act, a relevant Act, the Land Administration Act 1997 or the Public Works Act 1902 that can more conveniently be performed by a body corporate than an individual. (2) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act. [Section 12 inserted: No. 38 of 2007 s. 107.] 13. Execution of documents by Ministerial Body (1) The Ministerial Body is to have a common seal. (2) A document is duly executed by the Ministerial Body if — (a) the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Ministerial Body by the Minister; or (c) it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the CEO or another officer of the Department. (3) The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body. (4) The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed. (5) The Ministerial Body may, by writing under its seal, authorise the CEO or another officer of the Department to sign documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation. (6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (7) A document executed by the CEO or another person under this section without the common seal of the Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5). (8) When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown. (9) For the purposes of this Act, a facsimile of — (a) the Ministerial Body's seal; or (b) the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents, may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection. [Section 13 inserted: No. 38 of 2007 s. 107.] Division 3 — Minister to have access to certain information [Heading inserted: No. 38 of 2007 s. 107.] 14. Minister may get certain information from water service licensees (1) The Minister may direct a water service licensee to give the Minister specified information, or information relevant to a specified matter, that the Minister considers is relevant to the Minister's functions under, or relating to, this Act or a relevant Act. (2) The direction must be in writing, must specify the time period (in days) within which it must be complied with and may specify the form and manner in which the information is to be provided. (3) The licensee must comply with the direction even though the direction requires the licensee to give the Minister information that is confidential or commercially sensitive. (4) If the licensee objects to the direction the licensee is to notify the Minister, in writing within 7 days of receipt of the direction, of its objection and any reasons for it. (5) If the licensee gives a notice to the Minister under subsection (4) — (a) the Minister is to consult with the ERA Minister and, having regard to those consultations, is to cancel or confirm the direction; and (b) the licensee is not required to comply with the direction unless it is confirmed. (6) If the Minister confirms a direction — (a) the Minister must notify the licensee; and (b) the time period within which the direction must be complied with commences on the day on which it is confirmed. (7) The licensee, a subsidiary of the licensee or a person performing functions for or on behalf of the licensee or subsidiary incurs no civil or criminal liability as a result of complying with the direction, and is not to be regarded for any purpose as being in breach of any duty of confidentiality. (8) A water services licensee that does not comply with a direction that has not been objected to or that has been confirmed commits an offence. Penalty: $5 000. (9) The Minister must cause a copy of a direction under subsection (1) (other than a direction that has been cancelled) to be laid before each House of Parliament, or dealt with under section 110, within 14 days after the day on which the direction is given or confirmed (which ever is the later). (10) The annual report submitted by the accountable authority of the Department under Part 5 of the Financial Management Act 2006 is to list each direction under subsection (1) in the year (other than a direction that has been cancelled). (11) For the purposes of subsection (9) or (10), the Minister or the accountable authority (which ever is relevant) may obliterate or omit so much of the direction as is necessary to avoid disclosing confidential or commercially sensitive material. (12) In this section — ERA Minister means the Minister administering the Economic Regulation Authority Act 2003; water services licensee means a licensee as defined in the Water Services Act 2012 section 3(1). [Section 14 inserted: No. 38 of 2007 s. 107; amended: No. 25 of 2012 s. 81.] 15. Use or disclosure of information obtained under s. 14 (1) This section applies to the Minister, a ministerial officer assisting the Minister, an officer of the Department and a person who was such a person. (2) Despite anything else in this Act or a relevant Act, a person to whom this section applies must not disclose information obtained, whether directly or indirectly, under section 14 unless — (a) it is disclosed in the course of duty to a person who is an officer of the Department; or (b) the Minister considers the disclosure to be in the public interest; or (c) it is disclosed under a written law. Penalty: $12 000 and imprisonment for one year. (3) If the Minister proposes to disclose information under subsection (2)(b), the Minister must notify the person who gave the information under section 14, unless the Minister considers that it would be contrary to the public interest to delay the disclosure. (4) The Minister must take into account any comments or objections received, within 7 days of giving the notification, from the person notified. (5) This section does not apply to the extent to which — (a) the information is already in the public domain; or (b) the information is summary or statistical information that could not reasonably be expected to enable particulars relating to a person or a particular commercial operation to be ascertained; or (c) the disclosure of the information is authorised by the person who gave the information under section 14. (6) In this section — ministerial officer has the meaning given to that term in the Public Sector Management Act 1994. [Section 15 inserted: No. 38 of 2007 s. 107.] Part IIA — The Water Resources Council [Heading inserted: No. 38 of 2007 s. 107.] 16. Water Resources Council established The Minister is to appoint 6, 7 or 8 persons to be the members of a body called the Water Resources Council. [Section 16 inserted: No. 38 of 2007 s. 107.] 17. Membership of Council (1) The Minister is, to the extent practicable, to choose the members of the Council in such a way that its membership covers or includes — (a) expertise or experience in water resources management; and (b) expertise or experience in conservation; and (c) expertise or experience in economic development; and (d) expertise or experience in community interests; and (e) expertise or experience in law (in the natural resources field); and (f) expertise or experience in mining; and (g) expertise or experience in agriculture; and (h) an indigenous person; and (i) a person who lives in regional Western Australia. (2) The Minister is to designate one of the members as the chairman. [Section 17 inserted: No. 38 of 2007 s. 107.] 18. Functions of Council (1) The Council has the following functions — (a) advising the Minister in relation to the management of water resources generally and on any matter that the Minister refers to it for advice; (b) consulting with persons, or bodies, having functions under, or related to the purposes of, a water resources Act; (c) advising the Minister on whether the objectives of each water resources Act are being achieved. (2) In this section — water resources Act means an Act that the Minister administers, to the extent to which the Act relates to water resources. [Section 18 inserted: No. 38 of 2007 s. 107.] 19. Term of office (1) The term for which a person is appointed to be a member of the Council is to be fixed in the instrument of appointment and is not to exceed 3 years. (2) A person's eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment. [Section 19 inserted: No. 38 of 2007 s. 107.] 20. Casual vacancy (1) A member of the Council may at any time resign from office by notice in writing given to the Minister. (2) The Minister may remove a person who is a member of the Council from office on the grounds of — (a) mental or physical incapacity to carry out the person's duties in a satisfactory manner; or (b) the person being an insolvent under administration within the meaning of that term in the Corporations Act 2001 of the Commonwealth; or (c) neglect of duty; or (d) misconduct. (3) If a member of the Council dies, resigns, or is removed from office, the office of the member becomes vacant. [Section 20 inserted: No. 38 of 2007 s. 107.] 21. Remuneration and allowances Members of the Council are entitled to any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner. [Section 21 inserted: No. 38 of 2007 s. 107; amended: No. 39 of 2010 s. 89.] 22. Quorum A quorum for a meeting of the Council is any 4 members. [Section 22 inserted: No. 38 of 2007 s. 107.] 23. Who presides at meetings (1) The chairman, if present, is to preside at a meeting of the Council. (2) If the chairman is not presiding under subsection (1), the members present at the meeting are to appoint one of their number to preside. [Section 23 inserted: No. 38 of 2007 s. 107.] 24. Disclosure of interests (1) A member of the Council who has a direct or indirect pecuniary interest in a matter that is before a meeting of the Council must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest to the Council members who are at that meeting. (2) If a member of the Council has, in the opinion of the person presiding at a meeting of the Council, a direct or indirect pecuniary interest in a matter before that meeting, the person presiding may call on the member to disclose the nature of that interest and, in default of any such disclosure, may determine that that interest exists. (3) A disclosure by a member of an interest in a matter or a determination that a member is interested in a matter must be recorded in the record of the meeting concerned. (4) A member who has made a disclosure of an interest in a matter, or in respect of whom a determination has been made in relation to a matter, may take part in the consideration or discussion of the matter, but not in advising, or any decision related to advising, the Minister on the matter. (5) An interest need not be disclosed under this section if it is an interest common to a significant number of persons in the State. [Section 24 inserted: No. 38 of 2007 s. 107.] 25. Procedure at meetings Except as otherwise stated in this Act, the Council is to determine its own meeting procedures. [Section 25 inserted: No. 38 of 2007 s. 107.] 26. Minutes The Council is to cause accurate minutes to be kept of the proceedings at its meetings. [Section 26 inserted: No. 38 of 2007 s. 107.] 27. Staff and other resources (1) There is to be an executive officer of the Council. (2) The executive officer and any other staff whose assistance the executive officer needs are to be made available by the CEO on terms agreed to by the chairman of the Council and the CEO. (3) The Council may make use of the services and facilities of the Department on terms agreed to by the chairman of the Council and the CEO. [Section 27 inserted: No. 38 of 2007 s. 107.] 28. Application of Financial Management Act 2006 Acts or things done by or for the Council under this or a relevant Act are to be regarded — (a) as services under the control of the Department for the purposes of section 52 of the Financial Management Act 2006; and (b) as part of the operations of the Department for the purposes of Part 5 of that Act. [Section 28 inserted: No. 38 of 2007 s. 107.] Part IIB — Regulations and by‑laws [Heading inserted: No. 38 of 2007 s. 107.] [29-32. Deleted: No. 73 of 1995 s. 17.] [33. Deleted: No. 73 of 1995 s. 19.] 34. By‑laws (1) The Minister may make by‑laws prescribing all matters that are required or permitted by this Act or any relevant Act to be prescribed, or are necessary or convenient to be prescribed, for the purposes of the performance by the Minister of functions under this Act or any relevant Act. (2) By‑laws made under subsection (1) shall be subject to any regulations made under this Act or a relevant Act and where any such by‑law is in any respect inconsistent with or repugnant to any such regulation the regulation shall prevail and the by‑law shall be read and be construed and have effect accordingly. (3) Without limiting subsection (1), by‑laws made under that subsection may — (a) amend by‑laws made under a relevant Act; or provide that those by‑laws shall be deemed to have been made under this Act, or do both; (b) provide for the due management and use of water, works, water services, water resources and property of the Minister; (c) include measures for the protection of works, water services or water resources, and for preventing or remedying the waste, misuse, undue consumption, fouling or contamination of, water; (d) regulate or prohibit the deposit of anything likely to cause fouling or contamination in, or within a prescribed distance of, any works, water services, watercourse, surface water or underground water; (e) provide for the construction, provision, maintenance, repair and cleansing of works and water services; (f) control or limit the use of, or interference with, any watercourse or the flow of water; (fa) prohibit, impose restrictions on or otherwise regulate the use of water; (g) regulate the flow or require the disinfection, cleansing or other treatment of wastewater or other substances, discharged into or otherwise entering any works, reservoir, water services or watercourse. [Section 34 amended: No. 25 of 1985 s. 10; No. 110 of 1985 s. 8; No. 24 of 1987 s. 6 3; No. 73 of 1995 s. 20 5 and 41; No. 32 of 1997 s. 18; No. 57 of 1997 s. 126(1); No. 39 of 1999 s. 11(7); No. 67 of 2003 Sch. 2 cl. 75; No. 38 of 2007 s. 108 and 135; No. 25 of 2012 s. 82 and 109.] [35. Deleted: No. 73 of 1995 s. 21.] 36. Regulations and by‑laws generally (1) Regulations or by‑laws made for the purposes of this Act or a relevant Act may be so made — (a) as to apply — (i) generally, or in a specified class of case or in a specified case; and (ii) at all times, or at specified times or at a specified time; and (iii) throughout the State, or in specified parts of the State or in a specified place; or (b) as to adopt, by reference to the text as amended and for the time being in force at the time of adoption of the by‑law, unless a particular text is otherwise specified — (i) such rules, regulations, codes, instructions or other subordinate legislation made, determined or issued under any other Act, or under any Act of the Parliament of the Commonwealth or of the Parliament of the United Kingdom; or (ii) such standards, rules, codes or specifications issued by Standards Australia, the British Standards Institution, or other specified body, either wholly or in part or with modifications, as are specified; or (c) as to provide that where, by reason of the unavailability of materials or any other reason that the Minister considers valid, any requirement imposed by the Minister cannot be conformed to in any particular case, the Minister may in writing dispense with that requirement and instead require the use of materials or any other matters which the Minister considers to be appropriate; or (d) as to provide that, in a specified case or a specified class of case, whether on specified conditions or unconditionally, a person or thing or a class of persons or things, may be exempted from the provisions of those regulations or by‑laws either wholly or to such extent as is specified; or (e) as to require a matter affected by them to be in accordance with a specified standard, specification or requirement or to be as approved by, or to the satisfaction of, a specified person or body or a specified class of person or body, or so as to confer on a specified person or body or a specified class of person or body a discretionary authority. (2) Where regulations or by‑laws, or any provision of regulations or by‑laws, made under and for the purposes of a relevant Act are necessary or convenient for other purposes under this Act regulations or by‑laws made under this Act may adopt, by reference to the text as from time to time amended and for the time being in force, any such regulation, by‑law or provision, either wholly or in part or with modifications, as may be specified. (3) The Governor, a Minister or a statutory authority may, for the purposes of the Minister under this Act, exercise a power conferred by a relevant Act to make, or to grant dispensation from the observance of, regulations or by‑laws under that Act as though the power to do so had been conferred by the relevant Act. (4) Regulations or by‑laws made under this Act — (a) may provide that contravention or failure to comply constitutes an offence; and (b) may make provision for penalties not exceeding $2 000 for any such offence and if the offence is a continuing one a further penalty not exceeding $200 for every day or part of a day during which the offence continues after notice of the offence has been given by or on behalf of the Minister to the offender; and (c) may provide that, in addition to the penalty, any expense, loss or damage incurred by the Minister in consequence of the offence shall be payable by the offender; and (d) may provide for fees to be payable to the Minister in relation to specified matters and make provision as to the recovery of any such fees; and (e) may prescribe forms and other documents for the purposes of this Act or a relevant Act, and for the circumstances in which they are required and the manner in which information required is to be provided or verified; and (f) without limiting paragraph (e), may provide for notices to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and for the proof of that giving, sending or service. (5) In this section, specified means specified in the regulation or by‑law in relation to which the term is used. (6) The court, when convicting a person for an offence constituted by a contravention of a regulation or by‑law which provides that any expense, loss or damage incurred by the Minister in consequence of the offence shall be payable by the offender shall, if requested by an officer of the Department or a person authorised by the Minister, assess the amount of the expense, loss or damage so incurred and payable by the person convicted and make an order for payment of the total amount assessed, and the amount specified in the order is recoverable in the same manner as it would be recoverable if it were a fine. (7) Nothing in subsection (6) prejudices or affects the right of the Minister to institute any civil action or proceeding for the recovery of damages in any other court of competent jurisdiction against the person convicted. [Section 36 amended: No. 25 of 1985 s. 11; No. 24 of 1987 s. 7 3; No. 73 of 1995 s. 42; No. 74 of 2003 s. 125(2); No. 38 of 2007 s. 109 and 135; No. 25 of 2012 s. 109; No. 34 of 2020 s. 78.] 37. Regulations Regulations may be made under this Act for or in respect of all matters that are required or permitted, or are necessary or convenient, to be prescribed for the purposes of this Act or any relevant Act. [Section 37 amended: No. 73 of 1995 s. 22.] 38. Revocation or amendment of local laws and planning schemes (1) Where any local law has been or is made by a local government under the Local Government Act 1995 or any other Act, or any local planning scheme is in force under the Planning and Development Act 2005, or the Swan Valley Planning Scheme is in force under the Swan Valley Planning Act 2020, and that local law or scheme, or any provision of such a local law or scheme, is on the advice of the Minister determined by the Governor to be repugnant to or inconsistent with the provisions of this Act or a relevant Act the Governor may, by Order published in the Government Gazette, revoke or amend that local law or scheme, or the relevant provision, in so far as it is so repugnant or inconsistent and effect shall be given to any such revocation or amendment but without affecting the validity, or curing the invalidity, of any thing done, or of the omission of any thing, in the meantime. (2) The Minister shall cause a copy of any Order published under this section to be laid before each House of Parliament within 6 sitting days of that House next following the publication, and if either House of Parliament passes a resolution of which notice has been given within the first 14 sitting days of that House after the copy of an Order under this section has been laid before that House that the Order be disallowed, the Order thereupon ceases to have effect, but the disallowance of the Order does not affect or invalidate anything done in good faith before the passing of the resolution. [Section 38 amended: No. 73 of 1995 s. 23; No. 14 of 1996 s. 4; No. 67 of 2003 Sch. 2 cl. 76; No. 38 of 2005 s. 15; No. 38 of 2007 s. 110; No. 45 of 2020 s. 144.] Part III — Liability, indemnity etc. [Heading inserted: No. 25 of 2012 s. 83.] [Division 1 (s. 39, 40) deleted: No. 73 of 1995 s. 24.] [Division 1A: s. 41, 41C‑41N deleted: No. 25 of 2012 s. 84; s. 41A deleted: No. 25 of 2005 s. 58; s. 41B deleted: No. 25 of 2005 s. 59.] [Division 2: s. 42 deleted: No. 25 of 2012 s. 84; s. 43 deleted: No. 73 of 1995 s. 26; s. 44‑48 deleted: No. 98 of 1985 s. 3.] [Divisions 3-5 (s. 49‑60) deleted: No. 73 of 1995 s. 26.] [Heading deleted: No. 25 of 2012 s. 85.] [61. Deleted: No. 73 of 1995 s. 27.] 62. Damage to land etc. by Minister or Corporation, compensation for etc. (1) In the exercise of the Minister's powers of entry on to land or to carry out works under this Act or any relevant Act, except where the Act or an agreement relating to the exercise of the power otherwise provides, the Minister shall, in so far as that is practicable, forthwith make good or pay for the making good of, and, in so far as the making good is not practicable pay compensation for, the physical damage done to that land, or any premises or thing on that land, by the Minister in the course and at the time of, and the proximate cause of which is, the exercise or purported exercise of such a power, whether that damage is of a temporary character or a permanent character. (2) Any dispute as to the manner of making good of, or the amount of any payment in respect of, damage under subsection (1), shall be referred to the State Administrative Tribunal and dealt with as if it had come before the Tribunal under Part 10 of the Land Administration Act 1997. (3) The Crown shall not be liable to pay to any person any amount in respect of damage under subsection (1) unless — (a) within 3 months after the damage is sustained, or within such further period as the Minister may allow, the person delivers in writing to the Minister a claim, or notice of intention to make a claim, for such amount; and (b) where there is no agreement with the Minister on the claim within 12 months after delivery of the claim or the notice, the person, within that time, brings an action against the Crown to establish the requirement for, and entitlement to, payment. (4) In calculating the amount payable under this section regard shall be had to any compensation received for the damage by the claimant pursuant to any other Act, and the amount payable under this section shall be adjusted accordingly. (5) In calculating compensation payable under any other Act regard shall be had to any amount received for the damage by the claimant pursuant to this section, and the body or court so calculating is hereby authorised to take such amount, if any, into account. [Section 62 amended: No. 25 of 1985 s. 14; No. 73 of 1995 s. 42; No. 31 of 1997 s. 137(2); No. 55 of 2004 s. 571; No. 38 of 2007 s. 111 and 135; No. 25 of 2012 s. 109.] 63. Actions for damages generally (1) The Crown shall not be liable for any injury or damage, other than damage of the kind referred to in section 62, occasioned in the exercise or purported exercise of a power conferred by this Act or any relevant Act and attributable to the Minister or a statutory authority or a person authorised by the Minister or a statutory authority unless negligence is established. (2) No action shall be maintained against the Crown in respect of any injury to the person, where the person injured fails without reasonable excuse to submit himself to medical examination by a specified medical practitioner or practitioners nominated by the CEO within such period as the CEO may by notice in writing require of him where that request is made by the CEO within 3 calendar months of the commencement of proceedings in respect of that injury. [Section 63 amended: No. 73 of 1995 s. 42; No. 38 of 2007 s. 112; No. 25 of 2012 s. 109.] [Part IV (s. 64‑67, 67A, 67B) deleted: No. 25 of 2012 s. 86.] [Part V (s. 68‑69, 69A, 69B) deleted: No. 25 of 2012 s. 86.] Part VI — Entry onto land [Heading inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 30.] 70. Power of entry (1) Except where otherwise specifically provided by this Act or a relevant Act, entry by or on behalf of the Minister onto any land, premises or thing shall not be lawful unless — (a) the consent of the owner or occupier has been obtained; or (b) due notice under this Act, a relevant Act, or Part 9 of the Land Administration Act 1997 has been served. (2) Where due notice is served pursuant to subsection (1) the Minister may, unless the owner or occupier or a person authorised by the owner or occupier objects to the exercise of that power by the Minister, lawfully enter onto any land, premises or thing notwithstanding that the Minister has not obtained the consent of the owner or occupier. (3) The exercise of a power of entry conferred by this Part shall not be taken to require the Minister to acquire any interest in any land unless — (a) the Minister elects to acquire the interest by agreement; or (b) the Minister elects to take an interest under and in accordance with Part 9 of the Land Administration Act 1997, as read with this Act; or (c) the Minister is required to acquire an interest pursuant to section 81(4) of this Act or section 176 of the Land Administration Act 1997. (4) A notice required by this Act to be given in relation to any entry shall specify the purpose for which entry is required and shall continue to have effect for so long as that requirement subsists, and successive entries for that purpose shall be taken to be entries to which the notice relates. [Section 70 inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 42; No. 31 of 1997 s. 137(3) and 142; No. 38 of 2007 s. 114 and 135; No. 25 of 2012 s. 87 and 109.] 71. Power of inspection etc. (1) For the purposes of this Act and any relevant Act, the Minister — (a) may, subject to section 72(1), enter and re‑enter at all reasonable times any land, premises or thing — [(i) deleted] (ii) in, on, over or under which any works of the Minister are lawfully situate, for the purpose of routine inspection, or routine maintenance and no notice under this Act is required unless an agreement in writing entered into by the owner or occupier of the land, premises or thing with the Minister in relation thereto otherwise provides; and (b) may, without notice, enter at all reasonable times any land, premises or thing and take such measures as may be necessary to ascertain whether any offence against this Act or a relevant Act has been or is being committed. (2) Notwithstanding that the powers conferred by Subdivision 2 of Division 3, or Division 4, of Part 9 of the Land Administration Act 1997 or section 82 or 83A of the Public Works Act 1902 may in any particular case not be applicable, the Minister may enter upon any land if, in the opinion of the Minister, entry upon that land is necessary for the purposes of inspecting or examining the land to determine the feasibility of the use of that land for the purposes of this Act or a relevant Act, or as preliminary to any prospective or intended acquisition of the land or any estate or interest in that land. (3) Whenever the Minister enters or has entered on or into any land, premises or thing the person responsible for the conduct of the entry shall, on request, produce evidence of his designation or appointment and give particulars of the power conferred on the Minister by virtue of which the person claims a right of entry. [Section 71 inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 31, 41 and 42; No. 31 of 1997 s. 137(4); No. 38 of 2007 s. 115 and 135; No. 25 of 2012 s. 88 and 109.] 72. Notice of entry (1) Notwithstanding that, by reason of section 71(1), a notice would not have been required to have been given where entry was required for the purpose of routine inspection or routine maintenance, where the Minister intends to exercise any of the powers conferred by this Part or section 83 and the purpose of entry is to carry out works that may affect the land, notice in writing of that intention shall, where practicable, be given by the Minister to the owner or occupier of the land, premises or thing to be affected not less than 48 hours before the power is to be exercised, save where this Act or a relevant Act otherwise provides. (2) Where the Minister enters onto any land, premises, or thing without prior notice, whether or not such notice was required under this or any other Act, for the purpose of exercising any power of the Minister to carry out works thereon then, wherever practicable, as soon as may be thereafter notice in writing of the entry and of the works carried out, and of any further intention of the Minister relating thereto, shall be given to the owner or occupier of the land affected. (3) Where the owner of any unoccupied land, premises or thing is not within the State, or for any other sufficient reason it is not possible to give to any person, body or authority the notice required by this Act, then for the purposes of this Act the notice shall be deemed to have been given if it has been affixed or displayed on or over a conspicuous part of the land, premises or thing concerned and left so affixed or displayed for at least 48 hours. (4) The Minister may without prior notice enter on any street under the control of a local government or department and there exercise the powers conferred by section 83, but, except where entry is effected pursuant to section 73, notice pursuant to section 100 shall be given by the Minister to the local government or department concerned where that section applies. (5) A notice served pursuant to this Act for the purpose only of the exercise of the power of entry shall not be taken to have effect as a notice in relation to the taking of any land under Part 9 of the Land Administration Act 1997. (6) Where it is shown to the satisfaction of a justice that entry on or into any land, premises or thing is reasonably required by the Minister for the purpose of the exercise of a power conferred by this Act or a relevant Act but that entry has been refused or the entry is opposed or prevented, or in any case where such land, premises or thing is unoccupied and access cannot be obtained or a notice required by this Act or a relevant Act cannot be served without undue delay or difficulty, the justice may, by warrant in the form prescribed by regulations made under this Act, authorise an officer of the Department, together with such other persons as are named in the warrant, or any police officer, to enter upon the land, premises or thing, using such force as may be necessary, for the purpose therein specified and any such warrant shall continue to have effect until the purpose for which it was granted has been satisfied. (7) Where in the opinion of the Minister circumstances have arisen that may occasion undue delay in effecting entry on or into any land, premises or thing or in the carrying out of any works but the provisions of subsection (6) are not appropriate to the circumstances, the Minister may apply to the Supreme Court ex parte by notice of motion, notwithstanding that no cause or matter between the parties is before the Court or that no previous notice has been given to any party affected thereby, for the grant of an injunction prohibiting the persons therein specified from opposing or preventing the exercise by the Minister of the Minister's powers, or for an order directing the Minister as to the exercise of powers conferred by this Act or a relevant Act in the circumstances specified in that order, or for both such an injunction and such an order. [Section 72 inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 42; No. 14 of 1996 s. 4; No. 31 of 1997 s. 137(5); No. 38 of 2007 s. 116 and 135; No. 25 of 2012 s. 89 and 109.] 73. Rights as to entry etc. in emergency (1) Where it appears to the Minister, an officer of the Department or any other person who pursuant to section 3(3) is deemed to be authorised to exercise a power of the Minister, that by reason of — (a) actual or apprehended danger or health risk to any person or in relation to any property; or (b) the occurrence of injury, disease or damage attributable, or which might be attributable, to any defect in, or any malfunction, misuse or improper use of, the works of the Minister; or [(c), (d) deleted] (e) any other matter, the circumstances are such that an emergency situation exists which makes compliance with the normal requirements of this Act or a relevant Act impractical or unreasonable, then, while those circumstances subsist and for so long thereafter as is reasonably required in relation thereto, the Minister or that person may lawfully effect immediate entry on or into any land, premises or thing necessary to deal with the emergency situation, and there exercise all such powers as are by this Act or a relevant Act conferred on the Minister or that person and are reasonably required to deal with that situation, and may in so far as is necessary use reasonable force to effect entry, without any requirement for notice or warrant and by force of this subsection. (2) Notwithstanding that no notice is required under subsection (1), where it is practicable so to do notice of an entry effected under subsection (1) shall be given to all persons who are, or are the owners or occupiers of land which is, likely to be affected. (3) Any question as to what is a necessary entry may be determined by the officer of the Department or other person authorised by this section to effect or direct the entry, and any question as to what powers are reasonably required to deal with a situation to which subsection (1) refers may be determined by the person responsible for the exercise of the power, and in any proceedings arising therefrom such a determination shall be presumed, in the absence of evidence to the contrary, to have been made in good faith. (4) The Minister or a person exercising powers pursuant to this section shall, as soon as may be, remove anything left on the land, premises or thing entered and shall make good any damage, or effect restoration, rehabilitation or restitution and section 62 has effect as though a reference in that section to the Minister included a reference to a person exercising powers pursuant to this section. [Section 73 inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 32 and 42; No. 38 of 2007 s. 117 and 135; No. 25 of 2012 s. 90 and 109.] Part VII — Acquisition of land or interests in land [Heading inserted: No. 25 of 1985 s. 18; amended: No. 73 of 1995 s. 33.] 74. Term used: land For the purposes of this Part, and in the Land Administration Act 1997 when construed for the purposes of this Part, a reference to land shall be read as extending to any land, or to any portion of any land, or to the subsoil, surface or airspace relating thereto, and to any legal or equitable estate, right, title, easement, lease, licence, privilege, or other interest, in, over, under, affecting, or in connection with that land or any portion, stratum or other specified sector of that land (whether or not that interest is an interest recognised by the Common Law) the extent of which is ascertainable by reference to the documents purporting to relate thereto. [Section 74 inserted: No. 25 of 1985 s. 18; amended: No. 31 of 1997 s. 137(6).] 75. Partial interests in land, acquisition of (1) Where, whether by way of agreement or by way of a compulsory taking under Part 9 of the Land Administration Act 1997, the Minister seeks the acquisition of an estate or interest in or relating to any land that is less than is held by the person from whom the acquisition is sought, the lesser estate or interest may, subject to section 81(11), be acquired instead of acquiring the whole of the estate or interest held by that person. (2) Where an estate or interest of the Minister of the kind referred to in subsection (1) is recorded on, or by way of memorial in the register relating to, the title to the land — (a) that estate or interest shall enure for the benefit of the Minister and run with the land notwithstanding any sale, subdivision or other dealing with that land by the owner or occupier for the time being, but any such estate or interest may be relinquished by the Minister; and (b) the benefit of any right, restriction or covenant in relation to the use of land granted to or held by the Minister may be enforced by the Minister to the like extent as if the Minister were possessed of adjacent land for the benefit of which the same was to enure. [Section 75 inserted: No. 25 of 1985 s. 18; amended: No. 73 of 1995 s. 34 and 42; No. 31 of 1997 s. 137(7); No. 25 of 2005 s. 61; No. 38 of 2007 s. 135; No. 25 of 2012 s. 109.] [76. Deleted: No. 73 of 1995 s. 35.] 77. Agreements incidental to land matters (1) In order to facilitate the acquisition of, or dealing with, land to be acquired for the purposes of this Act or a relevant Act, the Minister may enter into agreements relating to incidental matters and things necessary to give effect to the powers conferred on the Minister by this Act or a relevant Act. (2) Where the fee simple of, or any other estate or interest in, any land is vested in the Minister and the Minister at the time of the acquisition or subsequently does not require the exclusive use and occupation of that land, then the Minister may in writing grant — (a) a lease or licence to occupy the land or any part of the land, either exclusively or concurrently with the Minister; or (b) any interest in or right to use that land or any part of the land, to any other person (subject to the provisions of subsection (3) and of Division 5 of Part 9 of the Land Administration Act 1997), and where the lease, licence or other interest or right so granted is stated in that grant as being given by way of consideration for the acquisition of the land by the Minister then that lease, licence, interest or right shall not be revoked without compensation unless the parties otherwise agree. (3) Where the Minister exercises the powers conferred by subsection (2), then unless an agreement entered into between the Minister and the person to whom the lease, licence, interest or right is granted otherwise provides, the grant — (a) shall be deemed to be subject to a condition that the Minister shall be indemnified against any costs, damages, claims, or expenses arising therefrom; and (b) subject to subsection (2), may be terminated without any liability for compensation thereby arising, on not less than 21 days prior written notice. [Section 77 inserted: No. 25 of 1985 s. 18; amended: No. 73 of 1995 s. 42; No. 31 of 1997 s. 137(8); No. 38 of 2007 s. 135; No. 25 of 2012 s. 109.] 78. Power to dispose of acquired land no longer needed for statutory purpose (1) Subject to subsection (2) and to section 12EB(2) of the Country Areas Water Supply Act 1947 but otherwise in accordance with Part 9 of the Land Administration Act 1997, the Minister may sell or otherwise deal with any land, or any estate or interest in land, acquired by a former Minister, a statutory authority, the former Commission or the Minister and vested in the Minister for the purposes of this Act or a relevant Act and no longer required for such purposes. (2) Where any such land, estate or interest acquired by a former Minister, a statutory authority, the former Commission or the Minister was not acquired under this Act or any other Act by way of compulsory taking for any public work, sections 187, 188, 189, 190, and 191 of the Land Administration Act 1997 shall not have effect in relation thereto. [Section 78 inserted: No. 25 of 1985 s. 18; amended: No. 73 of 1995 s. 42; No. 31 of 1997 s. 137(9) and 142; No. 38 of 2007 s. 118; No. 25 of 2012 s. 91.] 79. Subdivision of acquired land For the purposes of section 135 of the Planning and Development Act 2005, the Minister may submit to the Western Australian Planning Commission plans of a subdivision of land acquired, or to be acquired, by the Minister notwithstanding that the Minister is not the owner of the land, and approval under that Act may be given thereto. [Section 79 inserted: No. 25 of 1985 s. 18; amended: No. 84 of 1994 s. 46; No. 73 of 1995 s. 42; No. 38 of 2005 s. 15; No. 38 of 2007 s. 119; No. 25 of 2012 s. 109.] [80. Deleted: No. 73 of 1995 s. 35.] 81. Claims against Crown for use of land and application of Public Works Act 1902 (1) Subject to subsection (3), the Crown shall not be liable to pay compensation for, or in respect of any damage attributable to, the placing of any works or other things to which section 84(1) or (1a) applies or by virtue of the grant of the right of access deemed by section 84(2) to be vested in the Minister. (2) No claim lies against the Crown by reason only of any loss of enjoyment or amenity value, or by reason of any change in the aesthetic environment, alleged to be occasioned by the placing of works of the Minister on any land. (3) No claim lies against the Crown by reason only of the placing of any works of the Minister upon, in, over or under any land, other than a claim — (a) pursuant to section 62; or (b) under Part 10 of the Land Administration Act 1997, as read with this Act, where the Minister — (i) is by this or any other Act required; or (ii) by reason of the nature of the works there placed, the nature of the locality in which the works are placed, the safeguarding of particular works, public safety, future development proposals, or otherwise, elects, to acquire the land or an estate or interest in the land, but this subsection does not affect any liability of the Crown where negligence is established for the purposes of section 63. (4) Notwithstanding the powers conferred on the Minister by Part VI, the Minister is required to acquire, where practicable by agreement but otherwise pursuant to Part 9 of the Land Administration Act 1997 as read with this Act, such land, estate, or interest as may in the opinion of the Minister be appropriate to the Minister's needs in respect of — (a) major works, other than works in relation to which the Minister has decided that this subsection is not to have effect; and (b) such other works as may be prescribed by regulation under this Act as works to which this subsection shall apply, and regulations made under this Act may make provision for such restriction of any use of the land thereby affected by other persons. (5) Where for the purposes of this Act or a relevant Act the Minister determines that any land, or any estate or interest in land, is to be acquired by the Minister otherwise than by agreement the power to do so shall be exercised under and in accordance with, and any compensation payable by the Minister in pursuance of such powers shall be assessed, determined and recovered under, Parts 9 and 10 of the Land Administration Act 1997 as read with this Act. (6) A claim for compensation made under this section may only be made once, and where any land, estate, or interest is acquired by the Minister no further claim in respect thereof shall lie against the Crown notwithstanding any subsequent works of the Minister affecting that land, estate or interest unless it is shown that the original claim paid did not take into account the nature of the damage subsequently occurring. (7) Any entry upon, or acquisition of, land authorised by or under this Act or a relevant Act and any works carried out pursuant to this Act or a relevant Act shall be deemed to be for the purposes of a public work within the meaning of the Public Works Act 1902, and the Minister shall be deemed to be a local authority within the meaning of that Act authorised to effect that acquisition or undertake that public work. (8) For the purposes of this Act or a relevant Act, the Minister may exercise or delegate any power that is by the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 vested in the relevant Minister and in so far as that Act applies, or those Parts apply, to or in relation to the compulsory taking of any land, or the entry on, occupation or use of any land, under this Act or a relevant Act, any reference in that Act or those Parts — (a) to the relevant Minister, may be read for the purposes of this Act or a relevant Act as a reference to the Minister; and (b) to the department of the Public Service principally assisting the relevant Minister in the administration of that Act or those Parts, may be read for the purposes of this Act or a relevant Act as a reference to the Department, and that Act or those Parts may be construed accordingly. (9) Subsection (8) does not prevent the relevant Minister from exercising the relevant Minister's powers under the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 on behalf of the Minister when requested by the Minister to do so. [(10) deleted] (11) A written objection served pursuant to section 175 of the Land Administration Act 1997 in relation to any proposed taking for the purposes of the Minister may request — (a) that instead of the whole estate or interest in the land being acquired, such a lesser estate or interest as is sufficient for the purposes of the Minister be acquired; or (b) that instead of an estate or interest less than the whole being acquired, the whole estate or interest in the land be acquired, and the Minister may vary the taking accordingly. (12) Where any land is compulsorily acquired under Part 9 of the Land Administration Act 1997 for the purposes of the Minister under this Act or any other Act that land shall, on the registration of the relevant taking order made under section 177 of that Act, be vested in the Minister for the purpose of the public work for which the land is acquired, by force of section 179 of that Act as read with this subsection, save that the