{"id":"metropolitan-water-authority-act-1982","name":"Metropolitan Water Authority Act 1982","slug":"metropolitan-water-authority-act-1982","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105609,"registerId":"wa-metropolitan-water-authority-act-1982-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Metropolitan Water Authority Act 1982","content":"![Crest]()Western Australia\n\nMetropolitan Arterial Drainage Act 1982\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 17 January 2014**\n\n\nWestern Australia\n\nMetropolitan Arterial Drainage Act 1982\n\nContents\n\nPart I — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n4. Terms used 2\n\n5. Relation to *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* and references to former Board etc. 3\n\nPart II — Administration\n\n19. Exemption from personal liability 5\n\nPart IX — Drainage\n\nDivision 1 — Arterial Drainage Scheme\n\n98. Scheme 7\n\nDivision 2 — Arterial drains\n\n99. Management of arterial drains 9\n\nDivision 5 — Drainage courses\n\n106. Declaration of drainage course 10\n\n107. Development in drainage courses 12\n\nNotes\n\nCompilation table 13\n\nDefined terms\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 17 January 2014**\n\n\nWestern Australia\n\nMetropolitan Arterial Drainage Act 1982\n\nAn Act to provide for an Arterial Drainage Scheme and the declaration of drainage courses.\n\n[Long title inserted: No. 25 of 2012 s. 21.]\n\n## Part I — Preliminary\n\n[Division heading deleted: No. 110 of 1985 s. 15.]\n\n##### 1. Short title\n\nThis Act may be cited as the *Metropolitan Arterial Drainage Act 1982* 1.\n\n[Section 1 amended: No. 25 of 2012 s. 22.]\n\n##### 2. Commencement\n\nThe provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation 1.\n\n[**3.** Deleted: No. 25 of 1985 s. 30.]\n\n##### 4. Terms used\n\n(1) In this Act, unless the context otherwise requires —\n\narterial drain means an existing or proposed drainage asset classified as an arterial drain in the Arterial Drainage Scheme;\n\n  Arterial Drainage Scheme or Scheme means the scheme of that name compiled pursuant to Part IX;\n\ndrainage assets has the meaning given in the *Water Services Act 2012* section 108;\n\n  drainage course means an area declared to be a drainage course pursuant to section 106;\n\n  former Authority means the Water Authority of Western Australia under the *Water Agencies (Powers) Act 1984* 2 before the commencement of Part 2 of the *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* 3;\n\n  former Commission means the Water and Rivers Commission established by section 4 of the *Water and Rivers Commission Act 1995* 4 and in existence before the repeal of that Act;\n\n  former Metropolitan Authority means the Metropolitan Water Authority under this Act before the commencement of section 36 of the *Acts Amendment and Repeal (Water Authorities) Act 1985* 1;\n\nlicensee has the meaning given in the *Water Services Act 2012* section 3(1).\n\n(1A) In this Act, unless the context otherwise requires, terms not otherwise assigned a meaning under this section 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.\n\n[(2) deleted]\n\n[Section 4 amended: No. 101 of 1982 s. 4; No. 25 of 1985 s. 31; No. 110 of 1985 s. 16; No. 24 of 1987 s. 12; No. 73 of 1995 s. 82 and 93; No. 14 of 1996 s. 4; No. 67 of 2003 Sch. 2 cl. 47; No. 55 of 2004 s. 753; No. 38 of 2007 s. 25; No. 19 of 2010 s. 51; No. 25 of 2012 s. 23.]\n\n##### 5. Relation to *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* and references to former Board etc.\n\n(1) The provisions of this Act are incorporated with, and may be read as one with the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909*, and a reference to “this Act” shall be read and construed as including a reference to that Act and to by‑laws made under that Act or the *Water Agencies (Powers) Act 1984*.\n\n(2) Any reference to the former Board or the former Metropolitan Authority made —\n\n(a) in a written law passed or made; or\n\n(b) in any document or instrument made, executed, entered into or done; or\n\n(c) otherwise,\n\nbefore the coming into operation of this subsection shall, unless the context is such that it would be incorrect or inappropriate so to do, be read and construed as a reference to the former Commission or the Corporation as the case requires.\n\n[Section 5 amended: No. 25 of 1985 s. 32; No. 73 of 1995 s. 83 and 93; No. 67 of 2003 Sch. 2 cl. 48; No. 38 of 2007 s. 26.]\n\n[Division heading deleted: No. 110 of 1985 s. 15.]\n\n[**6.** Deleted: No. 25 of 1985 s. 33.]\n\n[**7.** Deleted: No. 25 of 1985 s. 34.]\n\n## Part II — Administration\n\n[Division heading deleted: No. 25 of 1985 s. 35.]\n\n[**8.** Deleted: No. 73 of 1995 s. 84.]\n\n[**9.** Deleted: No. 25 of 1985 s. 37.]\n\n[**10.** Deleted: No. 73 of 1995 s. 84.]\n\n[**11.** Deleted: No. 25 of 1985 s. 39.]\n\n[Division heading deleted: No. 25 of 1985 s. 35.]\n\n[**12‑17.** Deleted: No. 25 of 1985 s. 39.]\n\n[**18.** Deleted: No. 73 of 1995 s. 84.]\n\n##### 19. Exemption from personal liability\n\nA person who is or has been a member, acting member or delegate of the former Commission, the former Board, the former Metropolitan Authority, the Board of the former Metropolitan Authority or the former Authority is not personally liable in civil proceedings, for anything done or omitted in good faith in, or in connection with, the exercise or purported exercise of any power conferred, or the carrying out of any duty imposed, under this Act or the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909*.\n\n[Section 19 amended: No. 101 of 1982 s. 7; No. 25 of 1985 s. 41; No. 73 of 1995 s. 85; No. 38 of 2007 s. 27.]\n\n[Division heading deleted: No. 25 of 1985 s. 35.]\n\n[**20‑25.** Deleted: No. 25 of 1985 s. 42.]\n\n[Division heading deleted: No. 25 of 1985 s. 35.]\n\n[**26‑27.** Deleted: No. 25 of 1985 s. 42.]\n\n[**28.** Deleted: No. 73 of 1995 s. 86.]\n\n[Division heading deleted: No. 25 of 1985 s. 35.]\n\n[**29, 30.** Deleted: No. 25 of 1985 s. 45.]\n\n[Division heading deleted: No. 25 of 1985 s. 35.]\n\n[**31‑34.** Repealed: No. 25 of 1985 s. 45.]\n\n[Part III (s. 35‑38) deleted: No. 25 of 1985 s. 45.]\n\n[Part IV s. 39‑41  deleted: No. 24 of 1987 s. 15;  \ns. 42 deleted: No. 25 of 1985 s. 46;  \ns. 43‑45 deleted: No. 25 of 2012 s. 24.]\n\n[Part V (s. 46‑64) deleted: No. 25 of 1985 s. 47.]\n\n[Part VI (s. 65‑68) deleted: No. 25 of 1985 s. 48.]\n\n[Part VII (s. 69‑76) deleted: No. 25 of 1985 s. 49.]\n\n[Part VIII (s. 77‑97) deleted: No. 25 of 1985 s. 50.]\n\n## Part IX — Drainage\n\n### Division 1 — Arterial Drainage Scheme\n\n[Heading inserted: No. 101 of 1982 s. 15.]\n\n##### 98. Scheme\n\n(1) The Minister is charged with ensuring that a scheme is compiled, to be known as the Arterial Drainage Scheme, whereby practical and economic provision is made, in consultation with all relevant licensees, for the planning, managing, maintaining, financing, extending and improving of drainage services to serve the Area.\n\n(2) The Minister shall prepare, and from time to time review and amend, plans which together will ultimately illustrate the Arterial Drainage Scheme in such a manner as to show —\n\n(a) drainage catchments; and\n\n(b) lakes, swamps, wetlands, watercourses and other features related to natural drainage; and\n\n(c) areas of existing, proposed or potential development; and\n\n(d) the existing drainage system — differentiating as to the kinds of drainage; and\n\n(e) the proposed drainage system — differentiating as to the proposed kinds of drainage and the persons or bodies to be liable for the provision and maintenance of that drainage; and\n\n(f) land which, in the opinion of the Minister —\n\n(i) benefits from drainage; and\n\n(ii) contributes to the need for drainage;\n\nand\n\n(g) any other matter or thing prescribed by regulations made under the *Water Agencies (Powers) Act 1984* for the purposes of this section.\n\n(3) The Arterial Drainage Scheme shall make provision for —\n\n(a) the classification of drainage assets as arterial drains; and\n\n[(b), (c) deleted]\n\n(d) drainage courses,\n\nand may make provision for utilising the potential of the Scheme to conserve water, to re‑charge aquifers, or in any other manner, in the best interests of the community and for the management of the natural environment.\n\n(4) In planning and implementing the Scheme the Minister shall consult and collaborate with all relevant licensees and the local governments of the districts which are affected, and, in so far as that is practicable, shall consult with the respective authorities or bodies having responsibility for health, planning, roads, railways, conservation and environmental protection, and waterways, having regard to their statutory duties and practical requirements.\n\n(5) In preparing the Scheme, the Minister shall take into account environmental, conservation and management considerations, and the financial implications as to the provision and maintenance of drainage assets and the Scheme is to be prepared in such a manner as to ultimately make provision for the division of responsibilities, by agreement, as between the Minister, relevant licensees, local governments and other persons.\n\n[Section 98 inserted: No. 101 of 1982 s. 15; amended: No. 73 of 1995 s. 87; No. 14 of 1996 s. 4; No. 38 of 2007 s. 28; No. 25 of 2012 s. 25.]\n\n### Division 2 — Arterial drains\n\n##### 99. Management of arterial drains\n\n(1) The Minister has responsibility for the over‑all administration of the system of arterial drainage and of arterial drains comprised within the Scheme, notwithstanding that the control, management and care of any particular arterial drain or any portion of an arterial drain may for the time being be vested in some other person or body.\n\n[(2) deleted]\n\n(3) This Act does not vest in the Minister the control, management or care of an arterial drain or proposed arterial drain.\n\n(4) The Minister shall —\n\n(a) determine what drainage assets shall be designated arterial drains, and what proposed drainage assets should be designated as arterial drains, and assign names to them respectively; and\n\n(b) delineate the point of commencement, route and point of termination of arterial drains on a specified plan or plans; and\n\n(c) indicate the nature and size of the arterial drains; and\n\n(d) notify in writing, accompanied by a copy of a relevant plan, all relevant licensees and the local government of each district in which an arterial drain or proposed arterial drain is, or is to be, situated of the designation of that drainage asset as an arterial drain; and\n\n(e) invite submissions from the licensees and the local governments affected within such reasonable time as is specified in the notice of designation; and\n\n(f) review, and, as may be necessary, amend from time to time the designations made.\n\n(5) In so far as the course of an arterial drain or proposed arterial drain may traverse more than one district, and may affect the community or the environment, the Minister shall endeavour to evolve and coordinate measures to ensure the most practicable manner of control, management and care of the drain within the concept of an integrated scheme of drainage.\n\n[Section 99 inserted: No. 101 of 1982 s. 15; amended: No. 73 of 1995 s. 88; No. 14 of 1996 s. 4; No. 38 of 2007 s. 29; No. 25 of 2012 s. 26.]\n\n[Division 3 (s. 100‑102) deleted: No. 25 of 2012 s. 27.]\n\n[Division 4 (s. 103‑105) deleted: No. 25 of 2012 s. 27.]\n\n### Division 5 — Drainage courses\n\n##### 106. Declaration of drainage course\n\n(1) In relation to any drainage asset or proposed drainage asset, the Minister may determine that an area of land sufficient to contain the drainage asset should be declared to be a drainage course.\n\n(2) On determining the point of commencement, route, extent, dimensions, and point of termination of a proposed drainage course and assigning a name to it, the Minister shall cause the lands comprising the drainage course, in sufficient detail to enable the boundaries to be ascertained, to be delineated on a specified plan and shall —\n\n(a) serve notice in writing, accompanied by a copy of or relevant extract from that specified plan, to be served on all relevant licensees and the local government of each district in which the course is, or is to be, situated and (so far as is practicable) on each person who is an owner or is an occupier of land within the boundaries of that drainage course, of the proposal providing that objections and submissions in relation thereto may be made to the Minister within one month from the date of service of the notice; and\n\n(b) cause an advertisement to be published in a newspaper circulating in the area affected by the proposal specifying the proposal in general terms and indicating in what manner and the times when, and places at which, further particulars can be ascertained, and, upon request, furnish those particulars; and\n\n(c) so far as is practicable, negotiate with all relevant licensees and any local government or person making an objection or submission, and modify the proposal accordingly.\n\n(3) The Minister shall cause to be published in the *Government Gazette* a notice —\n\n(a) declaring that as from the date specified in the notice the land within the boundaries described or referred to in the notice shall be a drainage course known by the name assigned in the notice; and\n\n(b) containing a description of the boundaries sufficient to identify them or referring to descriptions whereby they can be ascertained; and\n\n(c) specifying the plan on which the lands are delineated and stating where it may be inspected,\n\nand effect shall be given to that declaration.\n\n(4) The Minister may, by subsequent notice published in the *Government Gazette* in the manner required by subsection (3), vary any declaration made pursuant to this section.\n\n(5) The Minister may, by notice published in the *Government Gazette*, cancel any declaration made pursuant to this section in relation to any lands and thereupon the lands specified in that notice shall cease to be comprised within a drainage course.\n\n(6) The declaration of a drainage course —\n\n(a) shall be taken to be notice of the intention of the Minister that the land is liable to be utilised for arterial drainage; but\n\n(b) does not thereby entitle any person to compensation from the Crown.\n\n[Section 106 inserted: No. 101 of 1982 s. 15; amended: No. 73 of 1995 s. 90; No. 14 of 1996 s. 4; No. 38 of 2007 s. 30; No. 25 of 2012 s. 28.]\n\n##### 107. Development in drainage courses\n\n[(1) deleted]\n\n(2) The Minister must inform a planning authority of the existence of a drainage course.\n\n(3) A planning authority shall have regard to the existence of a drainage course when considering whether any conditions should be imposed in relation to any development or subdivision.\n\n(4) In this section the terms development and subdivision have the same meaning as those terms have in and for the purposes of the *Water Services Act 2012* Part 5 Division 3.\n\n[Section 107 inserted: No. 101 of 1982 s. 15; amended: No. 110 of 1985 s. 20; No. 73 of 1995 s. 91, 92 and 93; No. 38 of 2007 s. 31; No. 25 of 2012 s. 29.]\n\n[**108.** Deleted: No. 25 of 2012 s. 30.]\n\n[Part X (s. 109‑112) deleted: No. 25 of 1985 s. 51.]\n\n![dline]()\n\nNotes\n\n1 This reprint is a compilation as at 17 January 2014 of the *Metropolitan Arterial Drainage Act 1982* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Metropolitan Water Authority Act 1982* 5 | 36 of 1982 | 27 May 1982 | 1 Jul 1982 (see s. 2 and *Gazette* 25 Jun 1982 p. 2091) |\n| *Metropolitan Water Authority Amendment Act 1982* | 101 of 1982 | 24 Nov 1982 | 31 Dec 1982 (see s. 2 and *Gazette* 31 Dec 1982 p. 4969) |\n| *Acts Amendment and Repeal (Water Authorities) Act 1985* Pt. IV | 25 of 1985 | 6 May 1985 | 1 Jul 1985 (see s. 2 and *Gazette* 7 Jun 1985 p. 1931) |\n| *Acts Amendment (Water Authorities) Act 1985* Pt. III | 110 of 1985 | 17 Dec 1985 | 14 Mar 1986 (see s. 2 and *Gazette* 14 Mar 1986 p. 726) |\n| *Acts Amendment (Water Authority Rates and Charges) Act 1987* Pt. II | 24 of 1987 | 25 Jun 1987 | 14 Jul 1987 (see s. 2 and *Gazette* 14 Jul 1987 p. 2647) |\n| *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* Pt. 6 | 73 of 1995 | 27 Dec 1995 | 1 Jan 1996 (see s. 2(2) and *Gazette* 29 Dec 1995 p. 6291) |\n| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |\n| **Reprint of the *Metropolitan Water Authority Act 1982* as at 21 Jan 2000** (includes amendments listed above) | | | |\n| *Economic Regulation Authority Act 2003* Sch. 2 Div. 9 | 67 of 2003 | 5 Dec 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5723) |\n| *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 83 6 | 55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) |\n| *Water Resources Legislation Amendment Act 2007* Pt. 3 7 | 38 of 2007 | 21 Dec 2007 | 1 Feb 2008 (see s. 2(2) and *Gazette* 31 Jan 2008 p. 251) |\n| **Reprint 2: The *Metropolitan Water Authority Act 1982* as at 4 Jul 2008** (includes amendments listed above) | | | |\n| *Standardisation of Formatting Act 2010* s. 51 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n| *Water Services Legislation Amendment and Repeal Act 2012* Pt. 3 | 25 of 2012 | 3 Sep 2012 | 18 Nov 2013 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5028) |\n| **Reprint 3: The *Metropolitan Arterial Drainage Act 1982* as at 17 Jan 2014** (includes amendments listed above) | | | |\n\n\n2 Before the commencement of the *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* Pt. 2 the *Water Agencies (Powers) Act 1984* was known as the *Water Authority Act 1984*. The short title of the *Water Authority Act 1984* was changed by the *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* s. 7.\n\n3 The *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* Pt. 2 came into operation 1 Jan 1996.\n\n4 The *Water and Rivers Commission Act 1995* was repealed by the *Water Resources Legislation Amendment Act 2007* s. 189 which came into operation 1 Feb 2008.\n\n5 Now known as the *Metropolitan Arterial Drainage Act 1982*; short title changed (see note under s. 1).\n\n6 The *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 5, the *State Administrative Tribunal Act 2004* s. 167 and 169, and the *State Administrative Tribunal Regulations 2004* r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.\n\n7 The *Water Resources Legislation Amendment Act 2007* Pt. 11 deals with certain transitional issues some of which may be relevant for this Act.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\narterial drain 4(1)\n\nArterial Drainage Scheme 4(1)\n\ndevelopment 107(4)\n\ndrainage assets 4(1)\n\ndrainage course 4(1)\n\nformer Authority 4(1)\n\nformer Commission 4(1)\n\nformer Metropolitan Authority 4(1)\n\nlicensee 4(1)\n\nScheme 4(1)\n\nsubdivision 107(4)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act as currently reprinted has been narrowed substantially from its original form. The original Metropolitan Water Authority Act 1982 contained broader administrative and operational provisions (multiple Parts and sections establishing and governing the Metropolitan Authority and related functions). Subsequent amendments and repeals removed many Parts (noted in the text: Parts III–VIII and X and numerous sections are deleted or repealed), leaving the Act focused primarily on the Arterial Drainage Scheme, the designation and management of arterial drains, and the declaration of drainage courses (Part IX). Functions and definitions have also been shifted to or linked with other statutes (for example, the Water Services Act 2012 and the Water Agencies (Powers) Act 1984). In short, the statute’s scope has moved from a broader institutional/regulatory framework toward a narrower statutory instrument governing arterial drainage planning, mapping, and land‑use effects (see the many deletions in Parts II–VIII and the retained provisions in ss.98–107)."},"complexity_factors":["Narrow current scope but extensive legislative history and many repealed sections (multiple Parts and sections deleted or repealed).","9 explicitly defined terms collected in s.4 (arterial drain, Arterial Drainage Scheme, drainage assets, drainage course, former Authority, former Commission, former Metropolitan Authority, licensee, Scheme) and additional cross‑definitions via other Acts (s.4(1A)).","Substantial cross‑references to other statutes (Water Services Act 2012; Water Agencies (Powers) Act 1984; Metropolitan Water Supply, Sewerage and Drainage Act 1909), requiring readers to consult multiple instruments.","Procedural complexity in declaring drainage courses (s.106): steps include delineation on plans, service of written notices to licensees/local governments and landowners, newspaper advertisement, negotiation of objections, Gazette publication, and powers to vary or cancel declarations.","Ministerial discretion with layered consultation obligations (s.98(1),(4) and s.99(4)(d)–(f)) creates conditional outcomes depending on submissions and agreement processes.","Planning linkage: planning authorities must consider drainage courses when imposing conditions (s.107), but the statutory meanings of \"development\" and \"subdivision\" are imported from the Water Services Act 2012, adding an extra lookup and conditionality (s.107(4)).","Explicit exclusion of compensation on declaration (s.106(6)(b)) is a notable substantive exception affecting affected landowners.","Multiple amendment dates and reprints (see compilation table) mean tracking of historical scope and transitional provisions is necessary for full application."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Establishes an \"Arterial Drainage Scheme\" for the Perth metropolitan area. The Scheme is a set of plans and classifications showing existing and proposed drainage infrastructure, natural drainage features, development areas, and who will be responsible for providing and maintaining drainage (see s.98).\n\n- Gives the Minister formal responsibility to compile, review and amend that Scheme, to classify drainage assets as \"arterial drains\", and to map and name those drains (see ss.98, 99(4)(a)–(c)). The Minister must consult relevant water licensees and affected local governments while doing so (see s.98(1),(4)).\n\n- Allows the Minister to declare an area of land to be a \"drainage course\" (an area sufficient to contain a drainage asset), following a prescribed notice, advertising and consultation process; declarations are published in the Government Gazette and can be varied or cancelled (see s.106(1)–(5)). The declaration signals the Minister’s intention that the land may be used for arterial drainage but does not create a right to compensation from the Crown (s.106(6)).\n\n- Requires the Minister to inform planning authorities where a drainage course exists, and requires planning authorities to take that existence into account when deciding conditions on developments and subdivisions (see s.107(2)–(3)). \"Development\" and \"subdivision\" adopt their meanings from the Water Services Act 2012 (s.107(4)).\n\n- Confirms that, although the Minister has overall administrative responsibility for arterial drains, the Act does not itself vest control, management or care of particular drains in the Minister (s.99(1),(3)). The Scheme is intended to divide responsibilities by agreement between the Minister, licensees, local governments and others (s.98(5)).\n\n- Provides personal civil‑liability protection for past members and delegates of predecessor water authorities for acts or omissions done in good faith under this Act or the 1909 Metropolitan Water Supply, Sewerage and Drainage Act (s.19).\n\n**Who this affects**\n\n- Landowners and occupiers within areas that may be declared drainage courses (they will receive notice and may be affected by planning conditions and the potential use of their land for drainage) — see s.106 and s.107.\n\n- Local governments and planning authorities — they receive notice of arterial drains and drainage courses (s.99(4)(d), s.106(2)(a)), must be consulted, and must take drainage courses into account when imposing development/subdivision conditions (s.107(2)–(3)).\n\n- Relevant water licensees (private or public entities holding water licences under the Water Services Act 2012) — they must be consulted, notified of designations, and are potential parties to agreements about who provides and maintains particular drains (s.98(1),(4)–(5), s.99(4)(d)–(e)).\n\n- Developers and the building industry — their proposals may attract conditions or restrictions where a drainage course exists (s.107(3)).\n\n**Why it matters (practical consequences and implementation effects)**\n\n- Decision power: The Minister has wide discretion to map and designate arterial drains and to declare drainage courses (ss.98, 99, 106). Those designations steer who must plan, finance and maintain major drainage infrastructure and influence land‑use decisions.\n\n- Cost and responsibility allocation: The Scheme is meant to provide for the financial implications of drainage and to allocate responsibilities by agreement between the Minister, licensees, local governments and other parties (s.98(5)). In practice, costs can therefore be concentrated on particular licensees, councils or landowners depending on those agreements.\n\n- Effects on private choice and development: Declaring a drainage course can limit how land is used and will be a factor in planning approvals — planning authorities must \"have regard\" to drainage courses when imposing conditions on development/subdivision (s.107(3)). Importantly, designation is not an automatic compensation trigger (s.106(6)(b)).\n\n- Administrative and compliance burden: Preparing, reviewing and amending the Scheme requires mapping, consultation, notification, newspaper advertising and publication in the Government Gazette (ss.98, 106(2)–(3)). Local governments, licensees and applicants for development must engage with those processes; developers may face extra steps and conditions at planning stage.\n\n- Implementation risks and discretion: The Minister is central to determining arterial drains and drainage courses, creating room for administrative discretion. Effective outcomes depend on inter‑agency coordination (licensees, councils, planning, health, roads, conservation) and on up‑to‑date, accurate mapping (s.98(4)–(5), s.99(5)). The Act requires consultation but leaves final designations and variations to Ministerial action (s.106(4)–(5)).\n\n- Interaction with other law: The Act cross‑references and operates alongside other statutes (notably the Water Services Act 2012 and the historic Metropolitan Water Supply, Sewerage and Drainage Act 1909), so responsibilities, definitions and appeal or review pathways can depend on those other instruments (see ss.4 and 5; s.107(4)).\n\n**Key statutory hooks to check for specific actions**\n\n- Minister’s duty to compile and review the Arterial Drainage Scheme, and to consult (s.98).\n- Minister’s power to classify, map and notify arterial drains; invitation for submissions and power to amend (s.99(4)(a)–(f)).\n- Detailed procedure for declaring, varying and canceling drainage courses; publication and notice requirements; no automatic compensation (s.106(1)–(6)).\n- Obligation for the Minister to inform planning authorities and requirement that planning authorities consider drainage courses when imposing development/subdivision conditions (s.107(2)–(3)).\n- Personal liability protection for prior authority members (s.19).\n\n**Trade‑offs and incentive effects**\n\n- Concentrated cost risk: Because the Scheme contemplates dividing responsibilities by agreement (s.98(5)), parties asked to provide or maintain particular arterial drains may face concentrated financial or operational burdens; those burdens will depend on negotiation outcomes.\n\n- Development trade‑offs: Land designated as a drainage course is not automatically compensated (s.106(6)(b)) but may attract planning conditions (s.107(3)). That creates an incentive for landowners and developers to contest designations during the consultation phase (s.106(2)(a),(c)).\n\n- Administrative versus market solutions: The Act centralises scheme design and mapping in the Minister (s.98–99) while leaving day‑to‑day control of particular drains to other bodies or licensees by agreement (s.99(3), s.98(5)). That structure preserves scope for private or local‑government delivery where agreements are reached, but depends on effective negotiation and enforcement.\n\n(References: Metropolitan Arterial Drainage Act 1982, especially ss.4, 5, 19, 98–99, 106–107.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has shrunk dramatically from its original scope. Originally the Metropolitan Water Authority Act 1982, it established an entire water authority with powers over water supply, sewerage, drainage, and financial management. Through successive amendments (particularly in 1985, 1995, and 2012), nearly all provisions were deleted or moved to other statutes. What remains is essentially a drainage-specific framework — the Act was even renamed to the Metropolitan Arterial Drainage Act 1982 in 2012 to reflect this narrowed focus. The original intent of creating a comprehensive metropolitan water authority has been completely abandoned in favour of a narrow drainage planning and declaration regime."},"complexity_factors":["Extensive deletion of original content — approximately 90% of the original Act has been deleted or repealed over 30+ years of amendments, leaving a skeletal framework","Multiple institutional name changes requiring complex transitional provisions (former Board → former Metropolitan Authority → former Authority → former Commission → Corporation)","Cross-references to at least 6 other Acts including the Water Services Act 2012, Water Agencies (Powers) Act 1984, and Metropolitan Water Supply, Sewerage, and Drainage Act 1909","Incorporation by reference — the Act is deemed to be 'read as one with' the 1909 Act, creating a merged legal framework","Defined terms rely heavily on external statutes (e.g., 'drainage assets' and 'licensee' defined by reference to the Water Services Act 2012)","Surviving provisions contain conditional language ('in so far as is practicable', 'unless the context otherwise requires')","Complex amendment history shown in compilation table with 11 amending Acts tracked"],"plain_english_summary":"This Western Australian law sets up a system for managing major drainage infrastructure in the Perth metropolitan area to prevent flooding and manage water flow.\n\n**What it does:**\n- Creates the **Arterial Drainage Scheme** — a master plan showing where major drains, wetlands, and watercourses are located or planned\n- Lets the Minister designate certain drains as **\"arterial drains\"** (major drainage channels that serve large areas)\n- Allows the Minister to declare **\"drainage courses\"** — specific strips of land set aside for drainage purposes\n- Requires planning authorities to consider drainage courses when approving new developments or subdivisions\n\n**Who it affects:**\n- **Property owners** in declared drainage courses (their land can be used for drainage without compensation)\n- **Local councils** who must be consulted about drainage plans\n- **Water utilities (licensees)** who operate drainage infrastructure\n- **Developers** who must account for drainage when planning new projects\n\n**Why it matters:**\nThis law ensures Perth has coordinated, large-scale drainage planning rather than piecemeal solutions. It protects communities from flooding by reserving land for water flow and requiring developers to consider drainage impacts. However, it also means some landowners have restrictions on what they can build in designated drainage areas."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original legislative intent, as the full text of the Act was not retrievable. The Act's title suggests it established or governed a metropolitan water authority in Western Australia, but no content was available to analyse scope, amendments, or drift from original purpose."},"complexity_factors":["No legislative text was available for analysis — the page returned an error rather than the Act's content","Cannot assess structural complexity, cross-references, definitions, or regulatory mechanisms without the actual text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Metropolitan Water Authority Act 1982 was a Western Australian law establishing and regulating a metropolitan water authority—responsible for managing, supplying and administering urban water services in the Perth metropolitan area.  \n\nAlthough the original text is unavailable and the Act appears to have been superseded or consolidated into later water‑management laws, it mattered to residents, water providers and regulators because it set the legal framework for metropolitan water delivery and governance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/metropolitan-water-authority-act-1982","history":"/api/acts/metropolitan-water-authority-act-1982/history","analysis":"/api/acts/metropolitan-water-authority-act-1982/analysis","conflicts":"/api/acts/metropolitan-water-authority-act-1982/conflicts","importantCases":"/api/acts/metropolitan-water-authority-act-1982/important-cases","documents":"/api/acts/metropolitan-water-authority-act-1982/documents"}}