{"id":"metropolitan-water-supply-sewerage-and-drainage-act-1909","name":"Metropolitan Water Supply, Sewerage, and Drainage Act 1909","slug":"metropolitan-water-supply-sewerage-and-drainage-act-1909","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105614,"registerId":"wa-metropolitan-water-supply-sewerage-and-drainage-act-1909-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Metropolitan Water Supply, Sewerage, and Drainage Act 1909","content":"![Crest]()Western Australia\n\nMetropolitan Water Supply, Sewerage, and Drainage Act 1909\n\nWestern Australia\n\nMetropolitan Water Supply, Sewerage, and Drainage Act 1909\n\nContents\n\nPart I — Preliminary\n\n1. Short title 4\n\n2. Commencement 4\n\n5. Terms used 4\n\nPart II — The Area\n\n6. Constitution of Area 7\n\n7. Altering or extending boundaries of Area 7\n\nPart IV — Water reserves\n\n13. Water reserves and catchment areas 8\n\n14. Water services licensees’ power to take water 8\n\n15. Minister’s power to take land 9\n\n16. Unauthorised taking of water, offence 9\n\n17. Pollution of water, Minister’s powers to prevent 10\n\nPart VI — The protection of underground water\n\n57A. Underground Water Pollution Control Areas 11\n\n57B. By‑laws for pollution areas 11\n\n57C. Dispensation from by‑laws: grant by Minister 12\n\n57D. Dispensation from by-laws: review by SAT 13\n\nPart XI — By‑laws\n\n146. Minister may make by‑laws 15\n\nPart XII — General provisions\n\n149. Notices and demands, form of 16\n\n152A. Limitation period for prosecutions 16\n\n153. Civil remedies not affected by convictions or proceedings 16\n\n156. Obstructing Minister, officers or authorised persons in performance of duty 16\n\n157. Refusing to give up possession of certain property, offence 17\n\n158. Arrest powers 17\n\n158A. General penalty 17\n\n159. Prosecutions 18\n\n165. Proof of ownership or occupancy 18\n\nNotes\n\nCompilation table 20\n\nUncommenced provisions table 26\n\nOther notes 27\n\nDefined terms\n\n  \n\nWestern Australia\n\nMetropolitan Water Supply, Sewerage, and Drainage Act 1909\n\nAn Act to constitute the Metropolitan Water, Sewerage, and Drainage Area; to establish the method of control, and for other purposes incidental thereto.\n\n[Long title amended: No. 39 of 1963 s. 3; No. 37 of 1982 s. 4.]\n\n## Part I — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909*.\n\n##### 2. Commencement\n\nThis Act shall come into operation on a day, not later than 1 May 1910, to be fixed by proclamation.\n\n[Section 2 amended: No. 14 of 1967 s. 3.]\n\n[**3.** Deleted: No. 25 of 1985 s. 53.]\n\n[**4.** Omitted under the Reprints Act 1984 s. 7(4)(f) and (g).]\n\n##### 5. Terms used\n\n(1) In this Act, unless the context otherwise requires —\n\n  Area means the Metropolitan Water, Sewerage, and Drainage Area constituted under this Act;\n\n  catchment area means all land over, through, or under which any water flows, runs, or percolates directly or indirectly into any reservoir erected or used in connection with any water supply;\n\n  CEO means the chief executive officer of the Department;\n\n  Department means the department of the Public Service principally assisting in the administration of this Act;\n\n  former Authority means the Water Authority of Western Australia under the *Water Authority Act 1984* before the commencement of Part 2 of the *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* 1;\n\n  former Metropolitan Authority means the Metropolitan Water Authority under the *Metropolitan Water Authority Act 1982*;\n\n  pollution area means an Underground Water Pollution Control Area constituted under section 57A;\n\n  Registrar of Deeds means the Registrar of Deeds and Transfers under the *Registration of Deeds Act 1856*;\n\n  watercourse means —\n\n(a) any river, creek, stream or brook, whether artificially improved or altered or not; or\n\n(b) any conduit that wholly or partially diverts a river, creek, stream or brook from its natural course and forms part of that river, creek, stream or brook; or\n\n(c) any natural collection of water into, through, or out of which any thing referred to in paragraph (a) or (b) flows, whether artificially improved or altered or not,\n\nin which water flows or is contained whether permanently, intermittently or occasionally, together with the bed and banks of any thing referred to in paragraph (a), (b) or (c).\n\n[(2) deleted]\n\n(3) The provisions of this Act are incorporated with, and may be read as one with, the *Metropolitan Water Authority Act 1982*, and a reference to this Act shall be read as including a reference to that Act and the *Water Agencies (Powers) Act 1984* or any subsidiary legislation made thereunder.\n\n(4) A reference in this Act to —\n\n(a) by‑laws, shall be construed as a reference to any by‑laws made by the former Board, the former Metropolitan Authority, the former Authority or the Minister; and\n\n(b) regulations, shall be construed as a reference to regulations made by the Governor,\n\nfor the purposes of this Act whether made under this Act, the *Metropolitan Water Authority Act 1982* or the *Water Agencies (Powers) Act 1984*.\n\n(5) Terms not otherwise assigned a meaning under this section but —\n\n(a) referred to in section 3 of the *Water Agencies (Powers) Act 1984* as having a meaning assigned for the purposes of a relevant Act; or\n\n(b) assigned a meaning for the purposes of the *Metropolitan Water Authority Act 1982*,\n\nhave that meaning in and for the purposes of this Act.\n\n[Section 5 amended: No. 33 of 1955 s. 3; No. 39 of 1963 s. 5; No. 14 of 1967 s. 5; No. 11 of 1970 s. 3; No. 43 of 1972 s. 4; No. 59 of 1977 s. 3; No. 3 of 1979 s. 3; No. 63 of 1981 s. 4; No. 37 of 1982 s. 5; No. 100 of 1982 s. 4; No. 25 of 1985 s. 55; No. 24 of 1987 s. 20; No. 73 of 1995 s. 95 and 111; No. 14 of 1996 s. 4; No. 25 of 2005 s. 37; No. 38 of 2007 s. 33; No. 25 of 2012 s. 32.]\n\n## Part II — The Area\n\n[Heading amended: No. 14 of 1967 s. 6.]\n\n##### 6. Constitution of Area\n\n(1) There is hereby constituted a water, sewerage, and drainage area for the purposes of this Act, by the name of the Metropolitan Water, Sewerage, and Drainage Area.\n\n[(2) deleted]\n\n(3) The boundaries of the Area shall be as defined by Order in Council.\n\n[Section 6 amended: No. 33 of 1955 s. 4; No. 14 of 1967 s. 7; No. 100 of 1982 s. 5.]\n\n##### 7. Altering or extending boundaries of Area\n\nThe Governor may, by Order in Council, from time to time alter or extend the boundaries of the Area.\n\n[Section 7 inserted: No. 100 of 1982 s. 6.]\n\n[Part III: s. 9‑12, 12A‑12I deleted: No. 37 of 1982 s. 6;  \ns. 8 deleted: No. 73 of 1995 s. 96.]\n\n## Part IV — Water reserves\n\n##### 13. Water reserves and catchment areas\n\nFor the purposes of this Act, the Governor may, by proclamation from time to time —\n\n(a) constitute and define the boundaries of any water reserve or catchment area and may vest the water reserve or catchment area in the Minister; and\n\n(b) alter the boundaries of any water reserve or catchment area; and\n\n(c) describe the boundaries of a water reserve or catchment area as existing for the time being; and\n\n(d) unite 2 or more water reserves or 2 or more catchment areas; and\n\n(e) abolish any water reserve or catchment area.\n\n[Section 13 inserted: No. 14 of 1967 s. 10; amended: No. 25 of 1985 s. 57; No. 73 of 1995 s. 108; No. 38 of 2007 s. 50.]\n\n##### 14. Water services licensees’ power to take water\n\n(1) Subject to subsection (2), a licensee (as defined in the *Water Services Act 2012* section 3(1)) may divert, intercept, and store all water coming from the watercourses and other sources within the boundaries of any such reserve or catchment area, and alter the course of any watercourse, and may take any water found on or under such land.\n\n(2) A licensee shall not exercise the powers conferred by subsection (1) in relation to water to which section 5C of the *Rights in Water and Irrigation Act 1914* applies, except under a licence or right granted or conferred under Part III of that Act.\n\n[Section 14 amended: No. 39 of 1963 s. 21; No. 25 of 1985 s. 57; No. 73 of 1995 s. 97; No. 49 of 2000 s. 85; No. 38 of 2007 s. 34; No. 25 of 2012 s. 33.]\n\n##### 15. Minister’s power to take land\n\nThe Minister may take any alienated land within the boundaries of any water reserve or catchment area under and subject to the provisions of Part 9 of the *Land Administration Act 1997*.\n\n[Section 15 amended: No. 39 of 1963 s. 22; No. 25 of 1985 s. 57; No. 73 of 1995 s. 110; No. 31 of 1997 s. 142; No. 25 of 2005 s. 38; No. 38 of 2007 s. 50.]\n\n##### 16. Unauthorised taking of water, offence\n\nAny person who, other than with the authority of the Minister or under another written law —\n\n(a) diverts, or causes the diversion of, water coming from any watercourse or other source within a water reserve or catchment area; or\n\n(b) takes, or causes the taking of, any water found on or under land comprising a water reserve or catchment area; or\n\n(c) does, or causes the doing of, any act that may diminish the quantity or injure the quality or purity of water coming from any watercourse or other source within a water reserve or catchment area; or\n\n(d) alters, or causes the alteration of, the course of any watercourse within a water reserve or catchment area,\n\ncommits an offence against this Act.\n\nPenalty: Not exceeding $100 for each day during which that water is so diverted or taken, or the quantity, quality or purity of that water is so reduced, or the course of that watercourse is so altered.\n\n[Section 16 inserted: No. 83 of 1976 s. 4; amended: No. 25 of 1985 s. 57; No. 73 of 1995 s. 98 and 108; No. 38 of 2007 s. 35.]\n\n##### 17. Pollution of water, Minister’s powers to prevent\n\n(1) For preventing the pollution of water within or under a water reserve or catchment area, the Minister has all the powers and authority of a local government, including the power to make and enforce local laws under any Act relating to public health.\n\n(2) All the provisions of the *Health (Miscellaneous Provisions) Act 1911*, and of all Acts amending the same or incorporated therewith, shall apply to every water reserve and catchment area as if the same were the district of a local government.\n\n[Section 17 amended: No. 39 of 1963 s. 24; No. 83 of 1976 s. 5; No. 25 of 1985 s. 57; No. 73 of 1995 s. 108; No. 14 of 1996 s. 4; No. 38 of 2007 s. 50; No. 19 of 2016 s. 101.]\n\n[Part V: s. 18 deleted: No. 39 of 1963 s. 25;  \ns. 19‑23 deleted: No. 100 of 1982 s. 7;  \ns. 23A‑23C deleted: No. 59 of 1977 s. 9;  \ns. 24‑30 deleted: No. 100 of 1982 s. 7;  \ns. 31‑33 deleted: No. 25 of 2012 s. 35;  \ns. 34  deleted: No. 110 of 1985 s. 23;  \n  s. 35 deleted: No. 38 of 2007 s. 36.]\n\n## Part VI — The protection of underground water\n\n[Heading inserted: No. 25 of 2012 s. 36.]\n\n[Division 1: s. 40A deleted: No. 24 of 1987 s. 25;  \n\t  s. 44 deleted: No. 41 of 1951 s. 4(3);  \ns. 46 deleted: No. 73 of 1995 s. 101;  \nbalance deleted: No. 25 of 2012 s. 37.]\n\n[Division 2: s. 48 deleted: No. 110 of 1985 s. 26;  \nbalance deleted: No. 25 of 2012 s. 37.]\n\n[Heading deleted: No. 25 of 2012 s. 38.]\n\n##### 57A. Underground Water Pollution Control Areas\n\n(1) The Governor may, on the recommendation of the Minister, by proclamation constitute and declare any part or parts of the Area to be an Underground Water Pollution Control Area with such name and from such date subsequent to the proclamation as may be specified therein.\n\n(2) The Governor may, on the recommendation of the Minister, by subsequent proclamation, extend or reduce any pollution area, change the name of or abolish any pollution area.\n\n[Section 57A inserted: No. 11 of 1970 s. 4; amended: No. 25 of 1985 s. 59; No. 73 of 1995 s. 108; No. 38 of 2007 s. 50.]\n\n##### 57B. By‑laws for pollution areas\n\n(1) The Minister may make by‑laws for all or any of the following purposes —\n\n(a) protecting the purity of underground water within any pollution area for the supply of water;\n\n(b) controlling, regulating, limiting or prohibiting, on lands, anywhere within a pollution area or within any specified part or parts thereof, the placing or discharging on, onto, or into the ground therein of anything that is liable to effect detrimentally the purity of underground water in the pollution area either directly or indirectly.\n\n(2) The by‑laws may be so made as to apply within the whole of a pollution area or within such part or parts thereof as may be specified in the by‑law.\n\n(3) The by‑laws may provide that any act or thing shall be done with the approval or to the satisfaction of a specified person or class of persons and may confer upon a specified person or class of persons a discretionary authority.\n\n(4) The by‑laws may impose a penalty not exceeding $200 for any breach thereof and in the case of a continuing breach a penalty not exceeding $10 for each day the breach continues after the Minister serves notice of the breach on the offender.\n\n[Section 57B inserted: No. 11 of 1970 s. 5; amended: No. 25 of 1985 s. 59; No. 73 of 1995 s. 108; No. 10 of 1998 s. 50(1); No. 38 of 2007 s. 50.]\n\n##### 57C. Dispensation from by‑laws: grant by Minister\n\n(1) Nothing in any by‑law prevents the Minister, if the Minister thinks fit, from granting to any person, upon his application to the Minister, a dispensation from observance of any by‑law.\n\n(2) Any dispensation granted by the Minister under this section may be —\n\n(a) subject to such terms and conditions as the Minister thinks fit; or\n\n(b) cancelled by notice in writing given by the Minister to the person to whom it is given; or\n\n(c) altered by a like notice and the terms and conditions to which it is subject may also, in like manner, be cancelled or altered.\n\n[Section 57C inserted: No. 11 of 1970 s. 6; amended: No. 25 of 1985 s. 59; No. 73 of 1995 s. 108; No. 38 of 2007 s. 37 and 50.]\n\n##### 57D. Dispensation from by-laws: review by SAT\n\n(1) Any person may apply to the State Administrative Tribunal for a review of —\n\n(a) a refusal by the Minister to grant him a dispensation from observance of any by‑law; or\n\n(b) the terms and conditions to which any dispensation granted by the Minister is subject or the cancellation or alteration of such a dispensation or the cancellation or alteration of such terms and conditions.\n\n[(2) deleted]\n\n[Section 57D inserted: No. 11 of 1970 s. 7; amended: No. 25 of 1985 s. 59; No. 73 of 1995 s. 108; No. 55 of 2004 s. 758; No. 38 of 2007 s. 50.]\n\n[Division 4 (s. 57E, 57EA, 57F-57I) deleted: No. 25 of 2012 s. 40.]\n\n[Part VII: s. 62 deleted: No. 110 of 1985 s. 29;  \ns. 69A deleted: No. 100 of 1982 s. 28;  \ns. 71 deleted: No. 100 of 1982 s. 30;  \nbalance deleted: No. 25 of 2012 s. 41.]\n\n[Part VIIA (s. 71A‑71E) deleted: No. 100 of 1982 s. 31.]\n\n[Part VIIB (s. 71F‑71L) deleted: No. 37 of 1982 s. 7.]\n\n[Part VIII: Div. 1‑3 (s. 72‑89, 89A) deleted: No. 37 of 1982 s. 8;  \nDiv. (4) and (5) (s. 90‑102) deleted: No. 24 of 1987 s. 34;  \nDivision (6) heading deleted: No. 24 of 1987 s. 34;  \ns. 107, 108 deleted: No. 24 of 1987 s. 41;  \ns. 111 deleted: No. 37 of 1982 s. 27;  \ns. 112 deleted: No. 24 of 1987 s. 44;  \ns. 118‑124 deleted: No. 59 of 2004 s. 141;  \nheading deleted: No. 25 of 2005 s. 45;  \ns. 124A deleted: No. 25 of 2005 s. 45;  \nbalance deleted: No. 25 of 2012 s. 41.]\n\n[Part IX: s. 125 deleted: No. 39 of 1963 s. 118;  \ns. 129‑131 deleted: No. 39 of 1963 s. 123;  \ns. 133 Deleted: No. 39 of 1963 s. 125;  \ns. 136 deleted: No. 39 of 1963 s. 128;  \ns. 138 deleted: No. 39 of 1963 s. 129;  \ns. 139 deleted: No. 39 of 1963 s. 130;  \ns. 140 deleted: No. 39 of 1963 s. 131;  \ns. 127, 127A, 128, 132, 134, 135, 137 deleted: No. 37 of 1982 s. 37;  \ns. 126 deleted: No. 25 of 1985 s. 73;  \nheading deleted: No. 74 of 2003 s. 82(2).]\n\n[Part X (s. 141‑145) deleted: No. 37 of 1982 s. 38.]\n\n## Part XI — By‑laws\n\n##### 146. Minister may make by‑laws\n\n(1) Without prejudice to the generality of that power, the power conferred by section 34 of the *Water Agencies (Powers) Act 1984* to make by‑­laws may be exercised for the purposes of this Act with respect to the following matters, that is to say: —\n\n(a) for the prevention of the pollution of water within or under any water reserve or catchment area;\n\n(b) preventing or minimising the pollution of watercourses and sources of supply;\n\n(c) the regulation or prohibition of bathing in watercourses and reservoirs;\n\n(d) the preservation of good order and decency on watercourses and dams and their banks.\n\n[(2) deleted]\n\n[Section 146 amended: No. 33 of 1955 s. 24; No. 39 of 1963 s. 135; No. 14 of 1967 s. 55; No. 14 of 1968 s. 7; No. 48 of 1970 s. 3; No. 43 of 1972 s. 19; No. 83 of 1976 s. 21; No. 19 of 1978 s. 3; No. 109 of 1979 s. 12; No. 37 of 1982 s. 39; No. 100 of 1982 s. 38; No. 25 of 1985 s. 74; No. 24 of 1987 s. 53; No. 73 of 1995 s. 105, 108, 109 and 111; No. 57 of 1997 s. 87; No. 39 of 1999 s. 11(6); No. 74 of 2003 s. 82(3); No. 25 of 2005 s. 46; No. 38 of 2007 s. 42; No. 19 of 2010 s. 51; No. 25 of 2012 s. 42.]\n\n[**146A.** Deleted: No. 73 of 1995 s. 106(1).]\n\n[**147.** Deleted: No. 25 of 1985 s. 76.]\n\n[**147A.** Deleted: No. 32 of 1997 s. 14.]\n\n## Part XII — General provisions\n\n[**148.** Deleted: No. 25 of 2012 s. 43.]\n\n[**148A.** Deleted: No. 25 of 1985 s. 78.]\n\n##### 149. Notices and demands, form of\n\nAll notices and demands under this Act may be in writing or in print, or partly in writing and partly in print.\n\n[**150‑152.** Deleted: No. 25 of 2012 s. 44.]\n\n##### 152A. Limitation period for prosecutions\n\nA prosecution for an offence against this Act may be commenced within 24 months after the date on which the offence was allegedly committed.\n\n[Section 152A inserted: No. 84 of 2004 s. 80.]\n\n##### 153. Civil remedies not affected by convictions or proceedings\n\nThe institution of any proceedings, or the conviction of any person for any offence against this Act, shall not affect any remedy which the Crown or any person aggrieved may be entitled to in any civil proceedings.\n\n[Section 153 amended: No. 39 of 1963 s. 141; No. 25 of 1985 s. 79; No. 73 of 1995 s. 110; No. 38 of 2007 s. 43; No. 25 of 2012 s. 45.]\n\n[**154, 155.** Deleted: No. 25 of 2012 s. 46.]\n\n##### 156. Obstructing Minister, officers or authorised persons in performance of duty\n\nA person who obstructs —\n\n(a) the Minister; or\n\n(b) an officer of the Department; or\n\n(c) a person authorised by the Minister,\n\nin the performance of any act or thing which the Minister, officer or person is authorised or required to do in the execution of the *Metropolitan Arterial Drainage Act 1982* or this Act commits an offence.\n\nPenalty: a fine of $5 000.\n\n[Section 156 inserted: No. 25 of 2012 s. 47.]\n\n##### 157. Refusing to give up possession of certain property, offence\n\nAny person having charge of any works, the property of the Crown who refuses, on lawful demand, to give up peaceable and quiet possession of the same to any person entitled to possession under the provisions of this Act or the by‑laws commits an offence.\n\nPenalty: $10 000.\n\n[Section 157 amended: No. 39 of 1963 s. 144; No. 113 of 1965 s. 4(1); No. 37 of 1982 s. 50; No. 25 of 1985 s. 80; No. 73 of 1995 s. 110; No. 25 of 2005 s. 48; No. 38 of 2007 s. 45; No. 25 of 2012 s. 48.]\n\n##### 158. Arrest powers\n\nAny officer of the Department authorised by the Minister for the purposes of this section may, without warrant, arrest any person found committing an offence against this Act or the by‑laws if the offender refuses to give his name and address.\n\n[Section 158 amended: No. 39 of 1963 s. 145; No. 37 of 1982 s. 51; No. 25 of 1985 s. 81; No. 73 of 1995 s. 110; No. 25 of 2005 s. 49; No. 38 of 2007 s. 46; No. 25 of 2012 s. 49.]\n\n##### 158A. General penalty\n\nA person who is guilty of an offence against this Act or the by‑laws, where no other penalty is expressly provided for the offence, is liable on conviction to a penalty of not more than $10 000.\n\n[Section 158A inserted: No. 14 of 1967 s. 61; amended: No. 37 of 1982 s. 52; No. 25 of 1985 s. 81; No. 25 of 2005 s. 50; No. 25 of 2012 s. 50.]\n\n##### 159. Prosecutions\n\n(1) Proceedings for an offence against this Act may only be taken by the Minister or an officer of the Department or a person authorised to do so by the Minister.\n\n(2) Proceedings for an offence against this Act shall be dealt with summarily in a court of summary jurisdiction.\n\n[Section 159 inserted: No. 10 of 1998 s. 50(4); amended: No. 84 of 2004 s. 80; No. 38 of 2007 s. 47; No. 25 of 2012 s. 51.]\n\n[**160.** Deleted: No. 38 of 2007 s. 48.]\n\n[**161.** Deleted: No. 25 of 2012 s. 52.]\n\n[**162.** Deleted: No. 35 of 1935 s. 48A (as amended No. 73 of 1954 s. 8).]\n\n[**163, 164.** Deleted: No. 37 of 1982 s. 56.]\n\n##### 165. Proof of ownership or occupancy\n\nIn any legal proceedings under the *Water Agencies (Powers) Act 1984* or this Act or the by‑laws, in addition to any other method of proof available —\n\n(1) evidence that the person proceeded against has been charged as owner or occupier of any land; or\n\n(2) evidence by the certificate, in writing, of —\n\n(a) the Registrar of Titles, or any assistant registrar, that any person’s name appears in the Register under the *Transfer of Land Act 1893*, as proprietor of any land; or\n\n(b) the Registrar of Deeds, that any person appears from any memorial of registration of any deed, conveyance, or other instrument to be the owner of any land; or\n\n(c) the chief executive officer of the department principally assisting in the administration of the *Land Administration Act 1997* that any person is registered in the department as the owner, occupier, or lessee of any land,\n\nshall until the contrary is proved, be evidence that such person is the owner or occupier, as the case may be, of such land.\n\n[Section 165 amended: No. 37 of 1982 s. 58; No. 25 of 1985 s. 81; No. 24 of 1987 s. 55; No. 73 of 1995 s. 111; No. 81 of 1996 s. 153(1); No. 60 of 2006 s. 145(3); No. 25 of 2012 s. 53.]\n\n[**166.** Deleted: No. 25 of 2012 s. 54.]\n\n[Heading deleted: No. 19 of 2010 s. 42(3).]\n\n[First Schedule omitted under the Reprints Act 1984 s. 7(4).]\n\n[Second Schedule deleted: No. 14 of 1967 s. 63.]\n\n[Third Schedule deleted: No. 37 of 1982 s. 59.]\n\n[Fourth‑Sixth Schedules deleted: No. 76 of 1978 s. 136.]\n\n[Seventh, Eighth Schedules deleted: No. 25 of 2005 s. 52.]\n\n[Ninth Schedule deleted: No. 25 of 2012 s. 55.]\n\n[Tenth‑Twelfth Schedules deleted: No. 59 of 2004 s. 141.]\n\n[Thirteenth Schedule deleted: No. 39 of 1963 s. 159.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | | **Number and year** | | | **Assent** | | | **Commencement** | | |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* | | 43 of 1909 (9 Edw. VII No. 39) | | | 21 Dec 1909 | | | 24 Jan 1910 in Perth, Fremantle, and Claremont Districts of the Metropolitan Water, Sewerage and Drainage Area (see s. 2 and Gazette 21 Jan 1910 p. 47) | | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1925* | | 30 of 1925 (16 Geo. V No. 30) | | | 16 Dec 1925 | | | 1 Jul 1926 (see s. 1 and Gazette 28 May 1926 p. 1083) | | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1941* | | 2 of 1941 (5 Geo. VI No. 2) | | | 25 Sep 1941 | | | 25 Sep 1941 | | |\n| **Reprint of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* not in a Volume** (includes amendments listed above) | | | | | | | | | |\n| *Metropolitan Water Supply, Sewerage and Drainage Act Amendment Act 1951* | | 13 of 1951 (15 Geo. VI No. 13) | | | 20 Nov 1951 | | | 20 Nov 1951 | |\n| *Acts Amendment (Fire Brigades Board and Fire Hydrants) Act 1951* s. 4 | | 41 of 1951 (15 and 16 Geo. VI No. 41) | | | 20 Dec 1951 | | | 4 Apr 1952 (see s. 2 and *Gazette* 4 Apr 1952 p. 799‑800) | |\n| **Reprint of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* approved 9 Oct 1953 in Vol. 6 of Reprinted Acts** (includes amendments listed above) | | | | | | | | | |\n| *Limitation Act 1935* s. 48A(1) | | 35 of 1935 (26 Geo. V No. 35) (as amended by No. 73 of 1954 s. 5 and 8) | | | 14 Jan 1955 | | | Relevant amendments (see s. 48A and Second Sch. 2) took effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and *Gazette* 18 Feb 1955 p. 343) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1955* | | 33 of 1955 (4 Eliz. II No. 33) | | | 28 Nov 1955 | | | 28 Nov 1955 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1956* | | 27 of 1956 (5 Eliz. II No. 27) | | | 29 Nov 1956 | | | 29 Nov 1956 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1960* | | 71 of 1960 (9 Eliz. II No. 71) | | | 5 Dec 1960 | | | Act other than s. 3‑5, 13‑15: 20 Jan 1961 (see s. 2 and *Gazette* 20 Jan 1961 p. 105);   s. 3‑5, 13‑15: 1 Jul 1961 (see s. 2 and *Gazette* 16 Jun 1961 p. 1800) | |\n| **Reprint of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* approved 28 Jul 1961 in Vol. 15 of Reprinted Acts** (includes amendments listed above) | | | | | | | | | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1962* | | 75 of 1962 (11 Eliz. II No. 75) | | | 30 Nov 1962 | | | 30 Nov 1962 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1963* | | 39 of 1963 (12 Eliz. II No. 39) | | | 25 Nov 1963 | | | 1 Jul 1964 (see s. 2 and *Gazette* 13 Mar 1964 p. 1577) | |\n| **Reprint of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* approved 17 Mar 1964 in Vol. 18 of Reprinted Acts** (includes amendments listed above) | | | | | | | | | |\n| *Decimal Currency Act 1965* | | 113 of 1965 | | | 21 Dec 1965 | | | Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1));   s. 4‑9: 14 Feb 1966 (see s. 2(2)) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1967* | | 14 of 1967 | | | 20 Oct 1967 | | | 1 Jan 1968 (see s. 2 and *Gazette* 1 Dec 1967 p. 3303‑4) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1968* | | 14 of 1968 | | | 8 Oct 1968 | | | 8 Oct 1968 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1969* | | 8 of 1969 | | | 6 May 1969 | | | 6 May 1969 | |\n| **Reprint of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* approved 21 Nov 1969** (includes amendments listed above) | | | | | | | | | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1970* | | 11 of 1970 | | | 29 Apr 1970 | | | 29 Apr 1970 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act (No. 2) 1970* | | 48 of 1970 | | | 8 Oct 1970 | | | 8 Oct 1970 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1972* | | 43 of 1972 | | | 16 Jun 1972 | | | 11 May 1973 (see s. 2 and *Gazette* 11 May 1973 p. 1157) | |\n| *Metric Conversion Act 1972* | | 94 of 1972 | | | 4 Dec 1972 | | | Relevant amendments (see First Schedule 3) took effect on 1 Jul 1973 (see s. 4(2) and *Gazette* 4 May 1973 p. 1110) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1975* | | 24 of 1975 | | | 13 May 1975 | | | 13 May 1975 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1976* | | 83 of 1976 | | | 21 Oct 1976 | | | Act other than s. 6‑11: 21 Oct 1976 (see s. 2(1));   s. 6‑11: 10 Dec 1976 (see s. 2(2) and *Gazette* 10 Dec 1976 p. 4879) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1977* | | 59 of 1977 | | | 23 Nov 1977 | | | 9 Dec 1977 (see s. 2 and *Gazette* 9 Dec 1977 p. 4501) | |\n| **Reprint of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* approved 13 Dec 1977** (includes amendments listed above) | | | | | | | | | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1978* | | 19 of 1978 | | | 18 May 1978 | | | 18 May 1978 | |\n| *Acts Amendment and Repeal (Valuation of Land) Act 1978* Pt. XI | | 76 of 1978 | | | 20 Oct 1978 | | | 1 Jul 1979 (see s. 2 and *Gazette* 11 May 1979 p. 1211) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act (No. 2) 1978* | | 105 of 1978 | | | 30 Nov 1978 | | | 30 Nov 1978 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act 1979* | | 3 of 1979 | | | 17 May 1979 | | | 22 Oct 1979 (see s. 2 and *Gazette* 14 Sep 1979 p. 2780) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act (No. 3) 1979* | | 42 of 1979 | | | 25 Oct 1979 | | | 1 Jul 1979 (see s. 2) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Act Amendment Act (No. 4) 1979* | | 109 of 1979 | | | 17 Dec 1979 | | | 9 May 1980 (see s. 2 and *Gazette* 9 May 1980 p. 1446) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Amendment Act 1980* | | 3 of 1980 | | | 25 Aug 1980 | | | 26 Sep 1980 (see s. 2 and *Gazette* 26 Sep 1980 p. 3306) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Amendment Act 1981* | | 41 of 1981 | | | 25 Aug 1981 | | | 25 Aug 1981 | |\n| *Acts Amendment (Statutory Designations) and Validation Act 1981* s. 4 | | 63 of 1981 | | | 13 Oct 1981 | | | 13 Oct 1981 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Amendment Act (No. 2) 1981* | | 72 of 1981   (as amended by No. 25 of 1985 s. 83) | | | 30 Oct 1981 | | | 30 Oct 1981 | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Amendment Act 1982* | | 37 of 1982 | | | 27 May 1982 | | | 1 Jul 1982 (see s. 2 and *Gazette* 25 Jun 1982 p. 2091) | |\n| *Metropolitan Water Supply, Sewerage, and Drainage Amendment Act (No. 3) 1982* | | 100 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. V | | 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. IV | | 110 of 1985   (as amended by No. 74 of 2003 s. 24) | | | 17 Dec 1985 | | | Act other than s. 26, 29, 30, 33 and 34: 14 Mar 1986 (see s. 2 and *Gazette* 14 Mar 1986 p. 726);   s. 34: 14 Jul 1987 (see s. 2 and *Gazette* 14 Jul 1987 p. 2647);    s. 29: 1 Feb 1990 (see s. 2 and *Gazette* 5 Jan 1990 p. 38); s. 26: 21 Dec 1990 (see s. 2 and *Gazette* 21 Dec 1990 p. 6199);    s. 30 and 33 repealed by No. 74 of 2003 s. 24 | |\n| *Acts Amendment (Water Authority Rates and Charges) Act 1987* Pt. III | | 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. 7 4 | | 73 of 1995 | | | 27 Dec 1995 | | | 1 Jan 1996 (see s. 2(2) and *Gazette* 29 Dec 1995 p. 6291) | |\n| *Sentencing (Consequential Provisions) Act 1995* Pt. 52 (s. 71‑73) 5 | | 78 of 1995 | | | 16 Jan 1996 | | | s. 71‑72: 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) | |\n| **Reprint of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* as at 28 May 1996** (includes amendments listed above except those in the *Acts Amendment (Water Authorities) Act 1985* s. 30 and 33 and the *Sentencing (Consequential Provisions) Act 1995*) | | | | | | | | | |\n| *Local Government (Consequential Amendments) Act 1996* s. 4 | | 14 of 1996 | | | 28 Jun 1996 | | | 1 Jul 1996 (see s. 2) | |\n| *Transfer of Land Amendment Act 1996* s. 153(1) and (2) | | 81 of 1996 | | | 14 Nov 1996 | | | 14 Nov 1996 (see s. 2(1)) | |\n| *Acts Amendment (Land Administration) Act 1997* s. 142 | | 31 of 1997 | | | 3 Oct 1997 | | | 30 Mar 1998 (see s. 2 and *Gazette* 27 Mar 1998 p. 1765) | |\n| *Water Legislation Amendment Act 1997* Pt. 3 | | 32 of 1997 | | | 3 Oct 1997 | | | 15 Apr 1998 (see s. 2 and *Gazette* 15 Apr 1998 p. 2041) | |\n| *Statutes (Repeals and Minor Amendments) Act 1997* s. 87 | | 57 of 1997 | | | 15 Dec 1997 | | | 15 Dec 1997 (see s. 2(1)) | |\n| *Statutes (Repeals and Minor Amendments) Act (No. 2) 1998* s. 50 6 | | 10 of 1998 | | | 30 Apr 1998 | | | 30 Apr 1998 (see s. 2(1)) | |\n| *Fire and Emergency Services Authority of Western Australia (Consequential Provisions) Act 1998* s. 38 | | 42 of 1998 | | | 4 Nov 1998 | | | 1 Jan 1999 (see s. 2 and *Gazette* 22 Dec 1998 p. 6833) | |\n| **Reprint of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* as at 29 Jan 1999** (includes amendments listed above except those in the *Acts Amendment (Water Authorities) Act 1985* s. 30 and 33) | | | | | | | | | |\n| *Water Services Coordination Amendment Act 1999* s. 11(6) | | 39 of 1999 | | | 9 Nov 1999 | | | 19 Jun 2000 (see s. 2 and *Gazette* 16 Jun 2000 p. 2939) | |\n| *Rights in Water and Irrigation Amendment Act 2000* s. 85 | | 49 of 2000 | | | 28 Nov 2000 | | | 10 Jan 2001 (see s. 2 and *Gazette* 10 Jan 2001 p. 163) | |\n| *Statutes (Repeals and Minor Amendments) Act 2003* s. 82 | | 74 of 2003 | | | 15 Dec 2003 | | | 15 Dec 2003 (see s. 2) | |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 7 | | 59 of 2004 (as amended by No. 2 of 2008 s. 77(13)) | | | 23 Nov 2004 | | | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | |\n| *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 84 8 | | 55 of 2004 | | | 24 Nov 2004 | | | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | |\n| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | | 84 of 2004 | | | 16 Dec 2004 | | | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | |\n| *Water Legislation Amendment (Competition Policy) Act 2005* Pt. 5 | | 25 of 2005 | | | 12 Dec 2005 | | | 3 Jun 2006 (see s. 2 and *Gazette* 2 Jun 2006 p. 1985) | |\n| **Reprint 9: The *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* as at 17 Feb 2006** (includes amendments listed above except those in the *Water Legislation Amendment (Competition Policy) Act 2005*) | | | | | | | | | |\n| *Land Information Authority Act 2006* s. 145 | | 60 of 2006 | | | 16 Nov 2006 | | | 1 Jan 2007 (see s. 2(1) and *Gazette* 8 Dec 2006 p. 5369) | |\n| *Water Resources Legislation Amendment Act 2007* Pt. 4 9 | | 38 of 2007 | | | 21 Dec 2007 | | | 1 Feb 2008 (see s. 2(2) and *Gazette* 31 Jan 2008 p. 251) | |\n| *Standardisation of Formatting Act 2010* s. 22, 42(3), 47 and 51 | | 19 of 2010 | | | 28 Jun 2010 | | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | |\n| **Reprint 10: The *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* as at 10 Jun 2011** (includes amendments listed above) | | | | | | | | | |\n| *Personal Property Securities (Consequential Repeals and Amendments) Act 2011* Pt. 13 Div. 3 | | 42 of 2011 | | | 4 Oct 2011 | | | 30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011) | |\n| *Fire and Emergency Services Legislation Amendment Act 2012* Pt. 7 Div. 9 | | 22 of 2012 | | | 29 Aug 2012 | | | 1 Nov 2012 (see s. 2(b) and *Gazette* 31 Oct 2012 p. 5255) | |\n| *Water Services Legislation Amendment and Repeal Act 2012* Pt. 4 (other than s. 34 and 39(2))10 | | 25 of 2012 | | | 3 Sep 2012 | | | 18 Nov 2013 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5028) | |\n| **Reprint 11: The *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* as at   1 Jul 2016** (includes amendments listed above) | | | | | | | | | |\n| *Public Health (Consequential Provisions) Act 2016* s. 101 | | | | 19 of 2016 | | | 25 Jul 2016 | | | 24 Jan 2017 (see s. 2(1)(c) and *Gazette* 10 Jan 2017 p. 165) | |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | | **Assent** | | **Commencement** | |\n| --- | --- | --- | --- | --- | --- | --- |\n| *Public Health (Consequential Provisions) Act 2016* Pt. 5 Div. 15 | | 19 of 2016 | | 25 Jul 2016 | | To be proclaimed (see s. 2(1)(c)) | |\n\n\nOther notes\n\n1 The short title of the *Water Authority Act 1984* was changed to the *Water Agencies (Powers) Act 1984* by the *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995.*\n\n2 Section 48A and the Second Schedule were inserted by the *Limitation Act Amendment Act 1954* s. 5 and 8.\n\n3 The Schedule to the *Metric Conversion Act 1972* was redesignated as the First Schedule by the *Metric Conversion Act Amendment Act 1973*.\n\n4 The *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* s. 106(2) is a transitional provision that is of no further effect.\n\n5 The *Sentencing (Consequential Provisions) Act 1995* s. 73 was deleted by the *Statutes (Repeals and Minor Amendments) Act (No. 2) 1998* s. 50(5) before it came into effect.\n\n6 The *Statutes (Repeals and Minor Amendments) Act (No. 2) 1998* s. 50(2) reads as follows:\n\n(2) Any by‑laws made and in operation under section 57B(1) of the Act as in force immediately before the commencement of this section continue in operation and have effect for all purposes as if made under that subsection as amended by this section.\n\n7 The *Courts Legislation Amendment and Repeal Act 2004* Sch. 2 cl. 32 was repealed by the *Criminal Law and Evidence Amendment Act 2008* s. 77(13).\n\n8 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\n9 The *Water Resources Legislation Amendment Act 2007* Pt. 11 deals with certain transitional issues some of which may be relevant for this Act.\n\n10 The *Water Services Legislation Amendment and Repeal Act 2012* s. 34 and 39(2) were repealed by the *Statutes (Repeals and Minor Amendments) Act 2025* s. 3(i).\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\nArea 5(1)\n\ncatchment area 5(1)\n\nCEO 5(1)\n\nDepartment 5(1)\n\nformer Authority 5(1)\n\nformer Metropolitan Authority 5(1)\n\npollution area 5(1)\n\nRegistrar of Deeds 5(1)\n\nthis Act 5(3)\n\nwatercourse 5(1)\n\n© State of Western Australia 2017.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2017.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s current text shows a narrowing and modernisation of its original 1909 scope. Many operative Parts and Schedules have been deleted and several functions have been migrated or are exercised in conjunction with later statutes (notably the Water Agencies (Powers) Act 1984, Rights in Water and Irrigation Act, Water Services Act 2012 and Land Administration Act 1997) (see s.5(3) and compilation notes). What remains are core residual powers: proclamation of reserves and pollution areas, by‑law making for water protection, limited powers for licensees to take water (subject to other water‑rights legislation), enforcement provisions and administrative tools (ss.13–17, 57A–57D, 146, 156–159). In other words, the Act has been pruned of many original operational provisions and now operates as a statutory scaffold that depends on and interacts with more recent water legislation rather than containing a fully self‑contained regulatory regime."},"complexity_factors":["10 defined terms set out in s.5(1)","Extensive cross‑references to other Acts (Water Services Act 2012, Rights in Water and Irrigation Act 1914, Land Administration Act 1997, Water Agencies (Powers) Act 1984) — multiple statutory layers (s.5(3), s.14, s.15)","Multiple discretionary proclamation powers (Governor/M inister) to declare, alter, abolish Areas, reserves and pollution areas (ss.6–7, 13, 57A)","By‑law regime with discretionary approvals and conditions and separate dispensation process subject to SAT review (ss.57B–57D, 146)","Several offence provisions with differing penalty structures including daily fines, fixed maxima and a general penalty provision (ss.16, 57B, 158A)","Enforcement and prosecution rules that limit who may commence proceedings and grant arrest powers to authorised officers (ss.158, 159)","Evidentiary shortcuts and civil/criminal interface (certificates of title as prima facie evidence; criminal conviction does not extinguish civil remedies) (ss.153,165)","Large number of historical amendments and deletions across the Act and many repealed/deleted Parts and Schedules — increases interpretive complexity and reliance on compilation notes","Administrative delegation and potential overlap with local government powers (Minister given local government powers under public health law to prevent pollution — s.17)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates the Metropolitan Water, Sewerage and Drainage Area (the Area) and lets the Governor set and change its boundaries by Order in Council (s.6–7).  \n- Allows the Governor, on the Minister’s recommendation, to proclaim specific **water reserves** and **catchment areas** and to alter, unite or abolish them (s.13).  \n- Permits licensed water service providers to divert, intercept, store and alter the course of water inside those reserves or catchments, but subjects that power to the Rights in Water and Irrigation Act where relevant (s.14).  \n- Gives the Minister power to compulsorily acquire (take) privately owned land inside a reserve or catchment under the Land Administration Act (s.15).  \n- Creates offences for unauthorised diversion, taking, alteration or acts that reduce the quantity or quality of water in a reserve or catchment, with daily fines for continuing breaches (s.16).  \n- Confers on the Minister most of the powers a local government has to prevent pollution of water in reserves or catchments and makes relevant health legislation apply as if those areas were local government districts (s.17).  \n- Enables the Governor (on the Minister’s recommendation) to declare parts of the Area as **Underground Water Pollution Control Areas** and to alter or abolish them (s.57A).  \n- Gives the Minister authority to make by‑laws for protecting underground water in pollution areas, including prohibiting or regulating placing or discharging substances to ground that could harm underground water; those by‑laws may impose penalties and may be subject to approvals and discretionary conditions (ss.57B, 146).  \n- Allows the Minister to grant dispensations (exemptions) from the by‑laws, and to cancel or vary those dispensations (s.57C); decisions about dispensations (including refusal or conditions) can be reviewed by the State Administrative Tribunal (SAT) (s.57D).  \n- Establishes enforcement and general provisions: arrest powers for authorised Department officers (s.158), limitation period for prosecutions (24 months — s.152A), who may commence prosecutions (the Minister or authorised Department officer — s.159), and specified penalties including a general maximum penalty where none is stated (s.158A).  \n- Preserves civil remedies despite criminal proceedings, and provides certificates from land registries as prima facie evidence of ownership or occupancy for proceedings (ss.153, 165).\n\n**Who this affects**\n\n- Water services licensees (those licensed under the Water Services Act 2012) who may exercise statutory powers to take or divert water within proclaimed reserves, but only where other water-rights laws allow (s.14).  \n- Landowners and occupiers within proclaimed water reserves, catchment areas or underground pollution control areas — their use of land, discharge to ground and water-interfering activities can be regulated, restricted or compulsorily acquired (ss.13–15, 16, 57A–57C).  \n- Businesses and industries that place or discharge materials on land in pollution control areas (subject to by‑laws and possible penalties — s.57B).  \n- The Minister and the Department (who make proclamations, by‑laws, grant dispensations, prosecute offences and exercise enforcement powers).  \n- Applicants seeking dispensations (may obtain them from the Minister or seek review by SAT — ss.57C–57D).\n\n**Why it matters**\n\n- The Act provides the statutory framework for protecting surface and underground water resources within the Perth metropolitan area: it gives governmental authorities powers to designate protected areas, regulate or prohibit activities that may reduce water quantity or quality, and to enforce those rules (ss.13–17, 57A–57B, 146).  \n- It balances a regulated right for licensed water providers to take water in declared reserves (s.14) with protections in other water-rights legislation, and establishes enforcement mechanisms (criminal penalties, seizure/possession rules, arrest powers) and administrative oversight (SAT review of dispensations).\n\n**Practical implications, costs and trade‑offs (analyst’s lens)**\n\n- Who pays: private landowners inside proclaimed reserves/pollution areas bear direct costs in the form of limits on land use, potential loss of property (compulsory taking under s.15) and exposure to fines for non-compliance (s.16, s.57B, s.158A). Licensees and utilities may pay for infrastructure and compliance, but have statutory taking rights (s.14) that can confer operational benefits.  \n- Bureaucratic discretion and implementation risk: the Governor and the Minister hold strong discretionary powers (proclamations, boundary changes, by‑laws, dispensations, compulsory acquisition) that require administrative action to operate; outcomes depend on how those powers are used (ss.6–7, 13, 57A, 57B, 57C, 15).  \n- Compliance burden and enforcement: regulated parties face administrative compliance (obey by‑laws, apply for dispensations) and criminal enforcement risk (fines, daily penalties for continuing breaches, arrest for refusal to provide identity) (ss.57B,16,158A,158).  \n- Effects on private enterprise and investment: businesses that rely on groundwater or operate on land in catchments or pollution areas may have reduced operational freedom, additional permit/approval costs and legal uncertainty where the Minister may grant or refuse dispensations or impose conditions (ss.57B–57C).  \n- Coordination and legal layering: many powers are expressly subject to or read together with other statutes (for example, Rights in Water and Irrigation Act, Land Administration Act, Water Services Act, Water Agencies (Powers) Act) (s.5(3), s.14, s.15). That creates potential administrative and legal coordination costs and the need to navigate multiple regimes.  \n- Concentrated benefits, diffuse costs: licensed water service providers and the Dept/Minister gain operational and regulatory control; costs are spread across individual landowners, businesses and potential claimants (e.g. those facing compulsory acquisition or subject to by‑laws).  \n- Remedies and oversight: administrative decisions about dispensations are subject to SAT review (s.57D), which provides a gate for legal challenge but also means disputes can move into a tribunal process rather than open court.\n\n**Key sections to note**\n\n- Constitution/alteration of Area: ss.6–7\n- Water reserves/catchments & Ministerial acquisition: ss.13–15\n- Licensee powers to take water: s.14\n- Unauthorised taking/pollution offence and penalties: s.16\n- Underground Water Pollution Control Areas and by‑laws: ss.57A–57B\n- Dispensations and SAT review: ss.57C–57D\n- By‑law power generally: s.146\n- Enforcement, prosecutions and penalties: ss.152A,153,156–159,158A,165\n\nThis Act now functions alongside and in part through other, more modern water statutes (see s.5(3)), so practical effect depends on interaction with those laws."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has shrunk dramatically from its original scope. Originally covering metropolitan water supply, sewerage, and drainage comprehensively, it has been progressively hollowed out by amendments. Parts dealing with sewerage and drainage have been deleted and moved to other legislation (notably the Water Services Act 2012). What remains is primarily a 'shell' Act focused on: (1) defining the Metropolitan Area boundaries, (2) protecting water reserves and catchment areas, (3) controlling underground water pollution, and (4) general enforcement provisions. The long title still references 'sewerage, and drainage' but the substantive provisions for these services have been removed, leaving the Act as primarily a water protection and catchment management statute rather than an operational services statute."},"complexity_factors":["Extensive deletion history: Numerous sections marked as 'deleted' across Parts III, V, VII, VIII, IX, X, and multiple Schedules, making it difficult to track current operative provisions","Layered amendments: Over 40 amendment acts referenced in the compilation table, creating a patchwork of historical changes","Cross-referencing web: Heavy reliance on external statutes including the Water Services Act 2012, Rights in Water and Irrigation Act 1914, Land Administration Act 1997, and Water Agencies (Powers) Act 1984","Transitional definitions: Multiple 'former Authority' definitions tracking organisational changes (Water Authority of Western Australia, Metropolitan Water Authority) that require historical knowledge to understand","Incorporation clause: Section 5(3) states the Act must be 'read as one with' the Metropolitan Water Authority Act 1982 and Water Agencies (Powers) Act 1984, effectively merging multiple statutes for interpretation purposes","Fragmented structure: Part VI contains only 4 sections (57A-57D) after massive deletions, with non-sequential numbering reflecting historical removal of Divisions 1, 2, and 4"],"plain_english_summary":"This is Western Australia's **Metropolitan Water Supply, Sewerage, and Drainage Act 1909**, a century-old law that establishes a special zone called the **Metropolitan Water, Sewerage, and Drainage Area** (the \"Area\") covering Perth and surrounding regions.\n\n**What it does:**\n- **Creates a protected zone** for managing Perth's water supply, sewerage, and drainage infrastructure\n- **Protects water sources** by allowing the government to declare \"water reserves\" and \"catchment areas\" where water taking and pollution are restricted\n- **Controls underground water pollution** through special \"Underground Water Pollution Control Areas\" with specific by-laws\n- **Gives powers to water services licensees** (companies authorised to provide water services) to take and manage water from reserves\n- **Sets up enforcement mechanisms** including offences for unauthorised water taking, pollution, or obstructing officials\n\n**Who it affects:**\n- Residents and businesses within the Perth metropolitan \"Area\"\n- Water services companies operating in the region\n- Landowners near water reserves or catchment areas\n- Anyone who might pollute underground water sources\n\n**Why it matters:**\nThis Act is essentially the legal foundation for protecting Perth's drinking water. It gives the government powers to:\n- Take land for water infrastructure (with compensation)\n- Prevent pollution in sensitive water catchments\n- Control activities that could contaminate underground water\n- Make by-laws (local regulations) about water protection\n\nThe Act has been heavily amended over 100+ years, with many original sections about sewerage and drainage now deleted and moved to other laws. What's left focuses mainly on **water source protection** and **enforcement powers**."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope assessment is possible. The content retrieved is a webpage error message, not the text of the legislation. No comparison between original and current legislative intent can be made."},"complexity_factors":["No legislative content was returned — only a website error/redirect notice","Cannot assess complexity without access to the actual Act text","The Act's title suggests it would ordinarily involve technical water, sewerage and drainage regulatory frameworks, but this cannot be confirmed from the content provided"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* (Western Australia) is no longer available at the requested web address. The Western Australian government's legislation website has undergone system upgrades, and the link to this Act has changed or been removed.\n\n**What this means for you:** No analysis of this law can be provided because the actual text of the legislation was not returned — only an error/redirect page. To find this Act, you should:\n- Visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) directly\n- Use the search function to look up *Metropolitan Water Supply, Sewerage, and Drainage Act 1909*\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page"}},"importantCases":[],"_links":{"self":"/api/acts/metropolitan-water-supply-sewerage-and-drainage-act-1909","history":"/api/acts/metropolitan-water-supply-sewerage-and-drainage-act-1909/history","analysis":"/api/acts/metropolitan-water-supply-sewerage-and-drainage-act-1909/analysis","conflicts":"/api/acts/metropolitan-water-supply-sewerage-and-drainage-act-1909/conflicts","importantCases":"/api/acts/metropolitan-water-supply-sewerage-and-drainage-act-1909/important-cases","documents":"/api/acts/metropolitan-water-supply-sewerage-and-drainage-act-1909/documents"}}