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Report Details


Committee Name:

Legislation Committee (1989 - 2001)

House:

Legislative Council
Report Type:Report

Title:

Rights in Water and Irrigation Amendment Bill 1999
Report No:51
No of Pages:74 + appendices
Physical Location:Legislative Council Committee Office

Presentation Date:

06/20/2000


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Hide details for Executive Summary and RecommendationsExecutive Summary and Recommendations

1.1 The Rights in Water and Irrigation Amendment Bill 1999 ("Bill") introduces a number of amendments to the Rights in Water and Irrigation Act 1914.

1.2 The Bill was commended as a modernisation of Western Australia's water resource management laws. It sets out the scope of water resource management, the types of resource use that should be fostered and an obligation for the Water and Rivers Commission to work with the community. The objectives of the Bill are to manage water resources sustainably; protect environmental values; encourage the efficient use of water; and actively engage local communities in management.

1.3 The Bill was introduced into the Legislative Council on Thursday, 25 November 1999, whereupon it was read a first time and the second reading was commenced. On March 29 2000 the Legislative Council resolved:
          "That the Order of the Day for the second reading of the Rights in Water and Irrigation Amendment Bill 1999 be discharged and the Bill be referred to the Legislation Committee, and that the Committee report to the House by 4 May 2000."
1.4 Pursuant to the Committee’s request the Legislative Council granted an extension of time within which to report until June 1 2000. On May 30 2000 the Legislative Council granted the Committee a further extension of time to report until June 20 2000.

1.5 Time constraints imposed by the Legislative Council prevented the consideration of the entire Bill in detail. The Committee, guided by the second reading speech in the Legislative Council and debate on the motion to refer the Bill to the Committee, therefore restricted its examination to a number of issues of concern. The Committee considered the following issues:

1.5.1 private water rights
1.5.2 compensation
1.5.3 capital gains tax implications
1.5.4 water banking
1.5.5 the powers and composition of local management committees
1.5.6 appeal processes
1.5.7 native title implications

1.6 This Report addresses the principal issues raised by the Bill. As stated above, time constraints prevented the Committee from pursuing in detail all of the issues raised by witnesses. The Report aims to assist the Legislative Council with informed debate on the Bill.