Rights in Water and Irrigation Act 1914 (WA)

Western Australia Rights in Water and Irrigation Act 1914 Western Australia Rights in Water and Irrigation Act 1914 Contents Part I — Preliminary 1. Short title 2 2. Terms used 2 3. Term used: watercourse 4 Part III — Control of water resources Division 1 — Objects and application of this Part 4. Objects of this Part 6 4A. Term used: watercourse 7 5. Waters to which this Part does not apply 7 Division 1A — Ownership and control of waters 5A. Natural waters vest in Crown 8 5B. Landowner etc. may carry out certain drainage and storage work 8 5C. Taking of certain water without right or licence, offence 9 5D. Rights cannot be acquired by length of use 10 5E. Breach of s. 5C or degradation of water resource, civil remedy for 10 Division 1B — Certain surface waters 6. Watercourses etc. to which Division applies 11 7. Saving for certain proclamations in force at 15 Feb 1985 13 9. Riparian owner etc., rights of 13 10. Rights to water to which there is access by public road etc. 14 11. Obstruction etc. of watercourse, road etc. not authorised by s. 10 15 15. Bed of watercourse etc. on land boundary remains Crown property 16 16. Riparian owner etc., rights of access etc. to watercourse etc. despite s. 15 17 17. Obstruction etc. of watercourse etc. without authority, offence and Minister's powers as to 18 17A. Dams built etc. before 10 Jan 2001, saving for as to s. 17 permits 20 17B. Permits for s. 17, regulations for 20 18. Discharge etc. of sludge etc. into watercourse, offence 21 Division 2 — Other surface waters 19. Watercourses etc. to which this Division applies 21 20. Riparian owners etc., rights of 21 21. Rights to water to which there is access by public road etc. 23 21A. Obstruction etc. of watercourse, road etc. not authorised by s. 21 24 22. Unauthorised diversion etc. of water, Minister's powers as to 24 24. Saving of civil remedy 26 25. Obstruction etc. of watercourse etc. on Crown land, offence and Minister's powers as to 26 Division 3 — Underground waters 25A. Non‑artesian wells in prescribed areas, rights to take water from 27 26. Local by‑laws for s. 25A(2) 28 26A. Artesian well constructed or altered without licence, offence 28 26B. Non‑artesian well in certain areas etc. constructed or altered without licence etc., offence 29 26C. Exemptions to s. 5C and 26B(3)-(6), declaring 31 26D. Licence for construction etc. of well, application for and issue of 32 26E. Non‑artesian well completed after 15 Feb 1985, Minister to be informed about 33 26F. Altering licensed well or contravening licence, offence 34 26G. Water from s. 26B(3) well, Minister's powers to control waste etc. and rate of use of 34 Division 3A — Limitations on rights conferred by and under Divisions 1B, 2 and 3 Subdivision 1 — Limitations where water is augmented 26GA. Rights under s. 9, 10, 20 and 21 to augmented volume of water, limits on 36 Subdivision 2 — Limitations imposed by direction 26GB. Term used: water resource 37 26GC. Taking and use of certain water, Minister's powers to restrict etc. 37 26GD. When s. 26GC applies 39 26GE. Powers in s. 26GD, limits on Minister's exercise of 39 26GF. Directions under s. 26GC override rights and s. 22 and 26G directions 40 Division 3B — Review 26GG. Review by SAT of Sch. 1 decisions on s. 5C licences 41 26GH. Review by SAT of s. 22, 26G and 26GC directions and Sch. 1 cl. 39 decision 42 26GI. Review by SAT of decisions on s. 26D licences 42 26GJ. Notice to relevant water resources management committee 42 Division 3C — Local water resources management committees 26GK. Establishing committees and subcommittees 43 26GL. Orders under s. 26GK, content of 44 26GM. Functions of committees 45 26GN. Committee members to act honestly etc. 46 26GO. Procedure of committees 47 26GP. Delegation by Minister to committee 48 26GQ. Minister to provide support to committee 48 26GR. Remuneration of committee members 48 26GS. Protection from personal liability for wrongdoing 48 26GT. Execution of documents by committee 49 Division 3D — Plans for management of water resources Subdivision 1 — Plans and their contents 26GU. Preparation of plans; when plan has effect 49 26GV. Classification of plans 50 26GW. Regional management plans, purposes of 50 26GX. Sub‑regional management plans, purposes of 51 26GY. Local area management plans, purposes of 52 26GZ. Consultation required before plan prepared etc. 53 Subdivision 2 — Public consultation and making of plans 26GZA. Proposed plan to be publicly notified 54 26GZB. Public submissions on proposed plan 54 26GZC. Referral of proposed plan to other bodies 55 26GZD. Modification of proposed plan 55 26GZE. Proposed plan to be given to Water Resources Council; making a proposed plan 56 26GZF. Approval of plan, public notice of; when plan has effect 56 26GZG. Review, revocation, amendment and correction of plan 57 Division 3E — Register of instruments 26GZH. Terms used 58 26GZI. Register, keeping and inspection of etc. 59 26GZJ. Content of register 59 26GZK. Transfer of licence etc. under Sch. 1 cl. 31 to be recorded 60 26GZL. Security interest in licence, application for note of 60 26GZM. Security interest, notation of 61 26GZN. Notation of security interest, CEO's functions as to and effect of 61 26GZO. Holder of notated security interest to be notified of certain events 62 26GZP. Economic Regulation Authority to be notified of certain events 62 26GZQ. Security interest notation, removal and variation of 63 26GZR. Register, CEO may amend etc. 64 26GZS. No compensation for acts done etc. under this Division 64 26GZT. Regulations relating to register 64 Division 4 — Miscellaneous 26H. Right of entry of Minister 64 26J. Court proceedings, Minister may institute and evidence in 65 26K. This Part binds Crown and statutory undertakers 66 26L. Local by‑laws, Minister's powers to make etc. 67 26M. Licensing schemes, local by‑laws as to 68 26N. Prerequisites for making local by‑laws 69 26O. Drainage etc., local by‑laws as to 70 26P. Flood protection works, local by‑laws as to 71 26Q. Minister's powers exercisable on behalf of people with water entitlement 71 27. Regulations 72 27A. Regulations may require certain work etc. to be licensed 73 27B. Regulations as to licences and permits 75 27C. Review of this Part 75 Part IV — Irrigation Districts 28. Constitution of districts etc. 77 29. Boundaries of districts, alteration of etc.; sub‑areas, creation of etc. 77 Part VI — The construction and maintenance of works 35. Actions against Crown etc. for injury etc. to rights etc. and from floods etc. prohibited 79 36. Compensation for injury etc. to rights etc. and from floods etc., claims for etc. 79 37. Compensation claims, disputes as to 80 38. Compensation claims, principles to be applied to 80 Part XI — General provisions 64. Railways, water for 83 66. Service of notices and demands, manner of 83 67. Notices bind persons claiming under owner or occupier 84 69. Civil remedy not affected by criminal proceedings 84 70. Obstructing official, offence 84 71. Refusing to give up possession of works, offence 85 72. General penalty 85 73. Arrest powers 85 74. Prosecutions to be dealt with summarily 86 79. Ownership or occupancy, proof of 86 79A. Works, proof of facts as to 87 Schedule 1 — Licensing and related provisions Division 1 — Preliminary 1. Terms used 88 2. Licences for different purposes 88 3. Persons who are eligible to hold licences 88 Division 2 — Applications and licensing decisions 4. Application for licence 89 5. Advertising application for licence, regulations for 90 6. Applicant may make submissions to Minister in some cases 90 7. Minister's discretion when deciding applications, exercise of 91 8. When Minister must refuse licence 92 9. If applicant not eligible to hold licence, procedure 92 10. Decision on application, Minister to notify applicant etc. 93 11. Licences may relate to more than one place, well etc. 93 12. Duration of licence 93 13. Licence terminates if licensee becomes ineligible to hold licence 94 14. Licensee ceasing to be owner etc. of land, effect of cl. 13(1) in case of 95 Division 3 — Terms, conditions and restrictions 15. Terms etc. of licence 96 16. Term etc. that continues after licensed act completed 96 17. Licence reducing another's entitlement may include condition requiring payment of compensation 96 18. Breach of term etc., Minister's powers as to etc. 97 Division 4 — Notation on licence of interest of third party 19. When cl. 20 applies 98 20. Amending etc. licence requires third party's consent 99 21. Notation under cl. 19(b), content and effect of 99 Division 5 — Renewal of licences 22. Renewal 99 Division 6 — Amendment, suspension, cancellation and surrender of licences 23. Amendment, application by licensee for 101 24. Amending licence, Minister's powers as to 101 25. Suspending or cancelling licence, Minister's powers as to 103 26. Licensee may make submissions in some cases before licence amended, suspended or cancelled 104 27. Surrender of licence 105 Division 7 — Transfers of licences and water entitlements and agreements with licensees to take water 28. Term used: water entitlement 106 29. Transfer of licence or entitlement under licence 106 29A. Death of licence holder, consequences of 106 30. Agreement by licensee allowing third party to take water, of no effect in some cases 107 31. Minister's approval of transfer required 108 32. Application for Minister's approval 109 33. Minister may require assessment before deciding cl. 32 application 109 34. Security interest holder's consent to transfer required 110 35. Some cl. 32 applications to be notified to others who can make submissions 110 36. Minister's duties to endorse transferred etc. licences etc. 111 Division 8 — Transfer of licences and water entitlements to the Minister 37. Term used: water entitlement 112 38. When Minister may agree to transfer of licence etc. to Minister 112 Division 9 — Compensation 39. Damage due to exercise of various of Minister's powers, compensation for 113 Division 10 — Issue of licences and transfer of licences and water entitlements by the Minister for a premium 40. Minister's power to agree to issue licence at premium 115 41. Minister's power to agree to transfer licence etc. for premium 116 Division 11 — Miscellaneous 42. Minister to notify Registrar of Titles etc. in some cases 117 43. Licensee etc. to maintain works etc. referred to in licence 118 44. Licensee to notify Minister of change of circumstances 118 45. Duplicate licences, issue of in some cases 118 46. Meters on wells etc. 118 47. Meter reading to be presumed correct 119 Appendix to Schedule 1 Matters to which licence terms, conditions or restrictions may relate Notes Compilation table 122 Other notes 127 Defined terms Western Australia Rights in Water and Irrigation Act 1914 An Act relating to rights in water resources, to make provision for the regulation, management, use and protection of water resources, and for related purposes. [Long title inserted: No. 49 of 2000 s. 4; amended: No. 25 of 2012 s. 57.] Part I — Preliminary [Heading inserted: No. 119 of 1984 s. 3.] 1. Short title This Act may be cited as the Rights in Water and Irrigation Act 1914. [Section 1 inserted: No. 119 of 1984 s. 3.] 2. Terms used (1) In this Act, unless the contrary intention appears — artesian well means a well, including all associated works, from which water flows, or has flowed, naturally to the surface; bed, with reference to any watercourse or wetland, 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 or wetland and abutting on or adjacent to such bed; CEO means the chief executive officer of the Department; Crown land means land vested in Her Majesty which is not for the time being dedicated to any public purpose, or subject to any grant, lease, licence, contract, or engagement made by or on behalf of Her Majesty; degradation, in respect of water, includes the sensible diminishing of the quality or quantity of that water; Department means the department of the Public Service principally assisting in the administration of this Act; district means an Irrigation District or "irrigation district" constituted under this Act; former Authority means the Water Authority of Western Australia under the Water Authority Act 1984 2 before the commencement of Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 3; former Minister means a Minister administering this Act before, pursuant to the Water Authority Act 1984 2, the former Authority became charged with the administration of functions under this Act, whether in his capacity as a Minister of the Crown or as (pursuant to section 2 of the Water Supply, Sewerage, and Drainage Act 1912 4 as read with this Act) a body corporate; local by‑laws means local by‑laws made under section 26L; non‑artesian well means a well, including all associated works, from which water does not flow, and has not flowed, naturally to the surface, but has to be raised, or has been raised, by pumping or other artificial means; prescribed means prescribed under the Water Agencies (Powers) Act 1984 for the purposes of this Act or that Act, as the case requires; regulations means regulations made as mentioned in section 27; spring means a spring of water naturally rising to and flowing over the surface of land, but does not include the discharge of underground water directly into a watercourse, wetland, reservoir or other body of water; take, in relation to water, means to remove water from, or reduce the flow of water in, a watercourse, wetland or underground water source, including by — (a) pumping or siphoning water; or (b) stopping, impeding or diverting the flow of water; or (c) releasing water from a wetland; or (d) permitting water to flow under natural pressure from a well; or (e) permitting stock to drink from a watercourse or wetland, and includes storing water during, or ancillary to, any of those processes or activities; underground water or underground water source includes water that percolates from the ground into a well or other works; watercourse has the meaning given by section 3; water resources includes — (a) watercourses and wetlands together with their beds and banks; and (b) other surface waters; and (c) aquifers and underground water; Water Resources Council means the Water Resources Council established by section 16 of the Water Agencies (Powers) Act 1984; well means an opening in the ground made or used to obtain access to underground water; wetland means a natural collection of water, whether permanent or temporary, on the surface of any land and includes — (a) any lake, lagoon, swamp or marsh; and (b) a natural collection of water that has been artificially altered, but does not include a watercourse. (2) Terms not otherwise assigned a meaning under subsection (1) but referred to in section 3 of the Water Agencies (Powers) Act 1984 as having a meaning assigned for the purposes of a relevant Act have that meaning in and for the purposes of this Act. [Section 2 inserted: No. 119 of 1984 s. 3; amended: No. 25 of 1985 s. 275; No. 24 of 1987 s. 140; No. 73 of 1995 s. 113 and 140; No. 49 of 2000 s. 5 and 15; No. 38 of 2007 s. 52; No. 25 of 2012 s. 58.] 3. Term used: watercourse (1) In this Act, unless the contrary intention appears — watercourse means — (a) any river, creek, stream or brook in which water flows; (b) any collection of water (including a reservoir) into, through or out of which any thing coming within paragraph (a) flows; (c) any place where water flows that is prescribed by local by‑laws to be a watercourse, and includes the bed and banks of any thing referred to in paragraph (a), (b) or (c). (2) For the purposes of the definition in subsection (1) — (a) a flow or collection of water comes within that definition even though it is only intermittent or occasional; and (b) a river, creek, stream or brook includes a conduit that wholly or partially diverts it from its natural course and forms part of the river, creek, stream or brook; and (c) it is immaterial that a river, creek, stream or brook or a natural collection of water may have been artificially improved or altered. [Section 3 inserted: No. 49 of 2000 s. 6.] [Part II deleted: No. 73 of 1995 s. 114.] Part III — Control of water resources [Heading inserted: No. 119 of 1984 s. 3; amended: No. 49 of 2000 s. 17.] Division 1 — Objects and application of this Part [Heading inserted: No. 49 of 2000 s. 7.] 4. Objects of this Part (1) The objects of this Part are — (a) to provide for the management of water resources, and in particular — (i) for their sustainable use and development to meet the needs of current and future users; and (ii) for the protection of their ecosystems and the environment in which water resources are situated, including by the regulation of activities detrimental to them; and (b) to promote the orderly, equitable and efficient use of water resources; and (c) to foster consultation with members of local communities in the local administration of this Part, and to enable them to participate in that administration; and (d) to assist the integration of the management of water resources with the management of other natural resources. (2) The reference to use and development in subsection (1)(a)(i) includes use and development for domestic, commercial, recreational, cultural and navigational purposes. (3) The Minister is to seek to ensure that the objects stated in subsection (1) are achieved, and other persons are to do so to the extent that they have relevant functions under this Part. [Section 4 inserted: No. 49 of 2000 s. 7; amended: No. 38 of 2007 s. 101(1).] 4A. Term used: watercourse In this Part — watercourse includes waters flowing from a spring to which this Part applies. [Section 4A inserted: No. 49 of 2000 s. 7.] 5. Waters to which this Part does not apply (1) This Part does not apply to or in relation to — (a) the water flowing from any spring the water of which rises to the surface on land that has been granted or demised by the Crown until it has passed beyond the boundaries of the land belonging to the owner or occupier of the land on which the water so rises; or (b) the water in any wetland the bed of which is on land that has been granted or demised by the Crown and is wholly within the boundaries of the land belonging to the owner or occupier of the land on which it is situated, unless the spring or wetland is prescribed by local by‑laws as being a spring or wetland to which this Part applies. (2) A spring or wetland may not be prescribed as a spring or wetland to which this Part applies unless — (a) taking water from the spring or wetland will, in the opinion of the water resources management committee established under Division 3C for the locality or localities in which the by‑law is intended to apply, have a significant impact on the flow or level of a watercourse or wetland; and (b) that committee recommends to the Minister that this Part applies to or in relation to the spring or wetland. [Section 5 inserted: No. 49 of 2000 s. 7; amended: No. 38 of 2007 s. 53.] Division 1A — Ownership and control of waters [Heading inserted: No. 49 of 2000 s. 18.] 5A. Natural waters vest in Crown The right to the use and flow, and to the control, of the water at any time in any — (a) watercourse; or (b) wetland; or (c) underground water source, vests in the Crown except as allocated under this Act or another written law. [Section 5A inserted: No. 49 of 2000 s. 18; amended: No. 38 of 2007 s. 54.] 5B. Landowner etc. may carry out certain drainage and storage work (1) The operation of section 5A does not prevent the owner or occupier of land — (a) subject to any relevant local by‑laws, from — (i) draining the land; or (ii) making any dam or tank on the land, not on a watercourse or wetland, if as a result of doing so — (iii) the flow of water in a watercourse, or the amount of water in a wetland, is not diminished; or (iv) there is no significant adverse effect on the quality of water, or any ecosystem, in a watercourse, or a wetland; or (b) from making any dam or tank on the land, not on a watercourse or wetland, for watering cattle or other stock, other than those being raised under intensive conditions as defined in section 21(4). (2) In subsection (1) — diminished means — (a) sensibly diminished; or (b) if local by‑laws prescribe a greater diminution of the flow or amount of water for the purposes of this section, diminished to a greater extent than is so prescribed. [Section 5B inserted: No. 49 of 2000 s. 18.] 5C. Taking of certain water without right or licence, offence (1) A person must not — (a) take water from any watercourse, wetland or underground water source to which this section applies; or (b) cause or permit any of those things to be done, except under and in accordance with — (c) a right conferred by — (i) section 9, 10, 20, 21, 22 or 25A; or (ii) a local by‑law of the kind referred to in section 26L(3)(d); or (iii) another written law; or (d) a licence under this section granted by the Minister in accordance with Schedule 1. Penalty: $10 000 and a daily penalty of $1 000. (2) This section applies to — (a) a watercourse or wetland to which Division 1B applies; and (b) a watercourse or wetland to which Division 2 applies if it is — (i) prescribed by the regulations to be subject to the operation of this section; or (ii) situated within an area that is so prescribed; and (c) any artesian underground water; and (d) any other underground water if it is — (i) in a proclaimed area under section 26B; or (ii) in an area that is prescribed by the regulations for the purposes of section 26B(3a). (3) Schedule 1 has effect to make provision for and in relation to the licences referred to in subsection (1)(d). [Section 5C inserted: No. 49 of 2000 s. 18; amended: No. 38 of 2007 s. 101(1).] 5D. Rights cannot be acquired by length of use A right — (a) to take and divert water; or (b) to the diversion of water; or (c) to the exclusive use of water, cannot be acquired by any person, by length of time of use or otherwise, except under this Act or any other written law. [Section 5D inserted: No. 49 of 2000 s. 18.] 5E. Breach of s. 5C or degradation of water resource, civil remedy for (1) Subsection (2) applies if — (a) a person contravenes section 5C and the contravention affects — (i) the exercise by a person of a right referred to in section 5C(1)(c); or (ii) the taking of water by a person under a licence under section 5C; or (b) a person taking or using water from a water resource does not take all reasonable steps to minimise the degradation of the water resource. (2) The contravention is a breach of statutory duty that is actionable at the suit of — (a) in respect of subsection (1)(a), a person referred to in subsection (1)(a)(i) or (ii); or (b) in respect of subsection (1)(b), a person directly affected by the degradation of the water resource referred to in that subsection. (3) Subsection (2) has effect subject to the defences and other incidents applying to actions for breach of statutory duty. [Section 5E inserted: No. 49 of 2000 s. 18.] Division 1B — Certain surface waters [Heading inserted: No. 119 of 1984 s. 3; amended: No. 49 of 2000 s. 19.] 6. Watercourses etc. to which Division applies [(1) deleted] (2) Subject to section 5 and any proclamation under subsection (3), this Division applies to and in relation to every watercourse or wetland that is for the time being situated within the boundaries of a district but not otherwise. (3) Subject to subsection (4), the Governor may, on the recommendation of the Minister, at any time and from time to time by proclamation declare that this Division — (a) shall; or (b) shall not, apply to and have effect in relation to any watercourse or wetland specified in the proclamation or situated in a portion of the State so specified and any such proclamation shall have effect according to its tenor. (4) A proclamation under subsection (3) shall not be made unless — (a) the Minister has given notice of the proposed proclamation — (i) to each interested local government, within the meaning of subsection (5); and (ii) to each water resources management committee established under Division 3C for the locality or localities to which the proclamation is intended to apply; and (b) the local governments and water resources management committees have been given the opportunity to make submissions on the proposal to the Minister; and (c) the Minister has called for public comment on the proposal in accordance with subsection (6); and (d) the Minister has considered any submissions made under this section. (5) For the purposes of subsection (4), where a watercourse or wetland runs through, is contiguous to, or is situated wholly or partly in, a local government district, the local government of that district is, in relation to a proposed proclamation under that subsection affecting that watercourse or wetland an interested local government. (6) The Minister is taken to comply with subsection (4)(c) by — (a) publishing in 2 issues of a daily newspaper circulating in the locality concerned a notice stating the proposal to make the proclamation; and (b) including in the notice a statement — (i) specifying the places at which a copy of the proposed proclamation may be inspected or obtained; and (ii) indicating that written submissions on the proposed proclamation may be made by any person within a specified period; and (iii) indicating how submissions may be provided. (7) The period specified under subsection (6)(b)(ii) is to be not less than 30 days after both of the notices referred to in paragraph (a) of that subsection have been published. [Section 6 inserted: No. 119 of 1984 s. 3; amended: No. 14 of 1996 s. 4; No. 49 of 2000 s. 14(2) and (3), 15 and 20; No. 38 of 2007 s. 55 and 101(1); No. 34 of 2020 s. 67.] 7. Saving for certain proclamations in force at 15 Feb 1985 A proclamation made under section 27(5) as enacted before the coming into operation of section 3 of the Rights in Water and Irrigation Amendment Act 1984 and in force immediately before the coming into operation of that section shall — (a) in the case of a proclamation under paragraph (a) or (b) thereof, be deemed to have been made under section 6(3)(a); (b) in the case of a proclamation under paragraph (c) thereof, be deemed to have been made under section 6(3)(b), and a reference in any such proclamation to this Part shall be read as a reference to this Division. [Section 7 inserted: No. 119 of 1984 s. 3.] [8. Deleted: No. 49 of 2000 s. 21.] 9. Riparian owner etc., rights of (1) Subject to this section, the owner or occupier of any land alienated from the Crown through or contiguous to which runs any watercourse, or contiguous to which, or partly within which, is situate any wetland, has the right, as such owner or occupier, to take water in that watercourse or wetland free of charge — (a) for the domestic and ordinary use of himself and of his family and servants; and (b) for watering cattle or other stock, other than those being raised under intensive conditions as defined in section 21(4), and every owner of land alienated from the Crown before the relevant day has a further right to take such water for the irrigation of a garden not exceeding 2 ha in extent and from which no produce is sold, being part of that land and used in connection with a dwelling. (2) For the purposes of this section — (a) the relevant day, in relation to land through or contiguous to which runs a watercourse, or contiguous to which or partly within which is situate a wetland, means — (i) where this Division applies to and has effect in relation to the watercourse or wetland by reason of a proclamation under section 6(3), the day on which that proclamation was published; (ii) in any other case, the day when this Act came into operation; and (b) land that, on the relevant day, was or is in process of alienation shall be deemed to have been alienated before that day. (3) This section has effect subject to Division 3A. [Section 9 inserted: No. 119 of 1984 s. 3; amended: No. 49 of 2000 s. 8, 15 and 22.] 10. Rights to water to which there is access by public road etc. (1) Any person may take water for domestic and ordinary use, and for watering cattle or other stock, other than those being raised under intensive conditions as defined in section 21(4), from any watercourse or wetland vested in the Crown and to which there is access by a public road or reserve at the point at which the water is taken. (2) This section has effect subject to Division 3A. [Section 10 inserted: No. 119 of 1984 s. 3; amended: No. 49 of 2000 s. 14(2), 15 and 23.] 11. Obstruction etc. of watercourse, road etc. not authorised by s. 10 (1) Section 10 does not authorise a person for the purpose of taking water under that section — (a) to do anything, or install any works or object, that causes obstruction of or interference to a watercourse or wetland or its bed or banks, unless the person holds a permit granted by the Minister authorising the person to do so; or (b) to do anything, or install any works or object, that causes obstruction or disturbance of or interference with a road or reserve, unless the person is authorised to do so by the body in which the control and management of the road or reserve is vested. (2) The regulations may make provision for the permits referred to in subsection (1)(a), including provision for the matters set out in section 27B. [Section 11 inserted: No. 49 of 2000 s. 24; amended: No. 38 of 2007 s. 101(1).] [12. Deleted: No. 49 of 2000 s. 25.] [13. Deleted: No. 49 of 2000 s. 26.] [14. Deleted: No. 49 of 2000 s. 56.] 15. Bed of watercourse etc. on land boundary remains Crown property (1) Subject to subsection (4), where a watercourse or wetland forms the boundary or part of the boundary of a parcel of land that has at any time been alienated by the Crown, the bed thereof shall, for the purposes of this Act, be deemed to have remained the property of the Crown, and not to have passed with the land so alienated. (2) Subject to subsection (4), where a watercourse or wetland forms the boundary, or part of the boundary of a parcel of land that is 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) Subsections (1) and (2) apply notwithstanding that one and the same person has been or is the owner of the lands adjacent to both banks. (4) This section does not apply to — (a) the bed of a natural collection of water into and out of which flows a river, stream, or creek to the extent that it exceeds in width the width of the river, stream, or creek at its inlet to or outlet from that natural collection of water; or (b) the bed of a natural collection of water, whether or not it is part of a watercourse, to the extent that it is cultivated, either wholly or in part, at any time during the year, or is capable of being drained and cultivated. [Section 15 inserted: No. 119 of 1984 s. 3; amended: No. 49 of 2000 s. 14(1) and 15.] 16. Riparian owner etc., rights of access etc. to watercourse etc. despite s. 15 (1) Notwithstanding anything in section 15 — (a) the owner or occupier for the time being of any land adjacent to any watercourse or wetland 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 the bed to which that land is adjacent, and the like use of that portion as if this Act had not been passed unless such portion has been actually appropriated by or is 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 that portion of the land any remedy for trespass which he might have had and pursued if this Act had not been passed, and as if that person were a trespasser upon land in the possession of such owner or occupier. (2) The Minister may grant to the owner or occupier of any land adjacent to any watercourse or wetland the bed whereof is by this Act declared to have remained the property of the Crown, permission subject to such conditions as the Minister may think fit to carry out works at the expense of that owner or occupier for the protection of that land from damage by erosion or flooding, if in the opinion of the Minister such works will not injuriously affect the bed or unduly obstruct the watercourse or w