Water Agencies (Water Use) By-laws 2010

The by‑laws are built around a small set of recurring legal and operational concepts. These are the definitions of Areas, the staged restriction regime, permitted watering methods, specified days and times, and narrow exemptions.

• Areas and mapping. Area 1-Area 4 are geographic zones defined by latitude and longitude lines and by lists of local government districts (by‑law 3 and Schedule 1). The maps in Schedule 1 are described as being “for information purposes” (by‑law 3 and Schedule 1), which indicates the legal definitions are the coordinate and local government district descriptions in by‑law 3 rather than the graphical depictions alone.

• Stage of restrictions. The regime uses seven discrete stages (Schedule 2, cl 1-7). Each stage prescribes what methods of watering are permitted and places limits on ancillary activities such as spraying of paths with a hose, filling pools, and washing motor vehicles. Stages escalate from Stage 1 (relatively permissive: reticulation during one daily period, or handheld hose, or watering can) through to Stage 7 (most restrictive: watering only by handheld watering can; filling pools prohibited; vehicle washing restricted to a bucket and cloth) (Schedule 2, cl 1-7).

• Permitted methods, time windows and days. The by‑laws differentiate between reticulation systems, handheld hoses with one outlet, handheld watering cans, and high pressure water cleaners (defined at by‑law 3). “Morning period” and “evening period” are defined temporally (by‑law 3). Where reticulation is permitted, it is commonly restricted to “either, but not both, the morning period or the evening period” on the prescribed days for the property (Schedule 2, multiple clauses). Schedule 3 links the property’s allowed days to the last digit of the street number or lot number.

• Domestic bore and domestic bore water. A “domestic bore” is defined by reference to the Rights in Water and Irrigation Act 1914 non‑artesian well definition and limited to taking from the water table aquifer (by‑law 3). The by‑laws treat domestic bore water separately for the purpose of assigning a stage per Area (by‑laws 5-8).

• “Minimum extent necessary” qualifier. Exemptions repeatedly allow use to the “minimum extent necessary” for defined purposes (for example, reticulation operation while being installed, market gardens, aviaries, firefighting or construction‑related cleaning) (by‑laws 12-17; Schedule 2, cl 2(2), 3(2), 4(3), 5(3), 6(3), 7(2)). This phrase is a legal qualifier that conditions permitted activities and is likely to be central to enforcement and interpretation.

• CEO written approval. The by‑laws make it an offence to contravene the applicable stage unless the person has the written approval of the CEO (by‑law 4(2)). The CEO’s written approval is therefore a legal mechanism for temporary or case‑by‑case relaxation of the by‑laws.

• Interaction with other statutory rights. The by‑laws explicitly exempt water use in accordance with a licence under the Rights in Water and Irrigation Act 1914 s 5C (by‑law 10). They also refer to other statutes when defining exempted activities, for example the Caravan Parks and Camping Grounds Act 1995 s 5(1) for caravan park site definitions (by‑law 15).

• Technical thresholds. The definition of “high pressure water cleaner” is technically specific: a device that uses pressurised water flowing at a rate of not more than 6 L per minute (by‑law 3). Synthetic sporting grounds are a specific category with different short‑duration watering permissions (Schedule 2, cl 1(2), cl 2(3) etc.).

• Temporal operation and commencement. The substantive by‑laws took effect 1 April 2010, with earlier commencement for by‑laws 1 and 2 (by‑law 2). The compilation table and amendment notes record subsequent amendment by‑laws and a declared void amendment from 2016 (Compilation table; Other notes item 1).

These main concepts structure obligations and defences in the instrument and allocate decision points to regulated persons and to the CEO.

The by‑laws affect a broad set of water users in Western Australia, with distinct implications for categories of persons and properties. The immediate circulation of duties and exemptions identifies the principal groups.

• Residential property owners and occupiers. Individuals who water lawns and gardens at private residences are regulated by the staged watering rules in Schedule 2, and must comply with time‑of‑day and specified‑day constraints where applicable (Schedule 2, cls 1-7; Schedule 3). Relevant property and the basis for specified day allocation are defined with reference to street number or lot number (by‑law 3; Schedule 3).

• Owners and operators of domestic bores. The by‑laws define “domestic bore” and explicitly provide a separate stage for domestic bore water in each Area (by‑laws 3, 5-8). A person using domestic bore water must take account of the stage that applies in their Area; for example, Area 3 is stage 6 from 1 June to 31 August and stage 4 at other times (by‑law 7(2)).

• Commercial turf, garden and landscaping trades. Persons engaged in turf, garden or landscaping industries are directly recognised by exemptions that allow limited reticulation during installation, testing or repair of reticulation systems (by‑law 12(2)) and permit watering immediately after vertimowing or application of fertiliser/wetting agent except where stage 7 applies (by‑law 13(1)-(2)). These exemptions condition commercial work by occupation.

• Market garden and plant nursery operators. Schedule 2 and by‑law 14 exempt irrigation of market gardens and plant nurseries to the “minimum extent necessary” to ensure viable operation (by‑law 14). This affects agribusinesses that depend on continuous or scheduled irrigation.

• Operators and managers of caravan parks. By‑law 15 allows watering of a caravan park site immediately after vacation by an occupier, which affects operators who turn over sites frequently and need to prepare sites for new guests.

• Sporting organisations and groundskeepers. Owners of grass‑covered sporting grounds and synthetic sporting grounds are affected: grass grounds have differing permitted reticulation days depending on stage (Schedule 2, cls 1-6), while synthetic grounds typically are limited to short watering windows (10 minutes or less) only immediately before play or practice (Schedule 2, cl 1(2), cl 2(3), etc.). Stage 6 retains limited reticulation options for grass grounds (cl 6(2)(a)).

• Vehicle owners and carwash operators. Stage 7 prohibits vehicle washing except to the minimum extent necessary and only by bucket and cloth (Schedule 2, cl 7(4)). Earlier stages permit washing by handheld hose to varying degrees.

• Owners/operators of swimming pools. Stages 6 and 7 restrict filling of swimming pools: stage 6 allows filling only to replace water lost by evaporation or ordinary use and to the minimum extent necessary (cl 6(4)); stage 7 prohibits pool filling altogether (cl 7(3)). Pool owners must thus monitor and limit top‑ups in those stages.

• Persons using water under statutory licences. Persons who hold licences under the Rights in Water and Irrigation Act 1914 s 5C are expressly exempt from committing an offence under by‑law 4 if they use water in accordance with that licence (by‑law 10). This preserves previously granted statutory water rights.

• Local governments and planning bodies. While the by‑laws do not expressly allocate enforcement duties to councils, the geographic definition of Areas 3 and 4 by reference to specified local government districts (by‑law 3) means councils listed in Area 3 and Area 4 are directly implicated in communicating and applying restrictions to their constituents.

• The CEO and Water Agency administrators. The by‑laws place a decision role on the CEO: written approvals can authorise use that would otherwise be an offence (by‑law 4(2)). The by‑laws also anticipate administrative action to apply stages to Areas; for domestic bore water, stages are explicitly prescribed by the by‑laws (by‑laws 5-8).

In short, the instrument affects almost any person or entity using water for outdoor purposes in WA, with detailed special‑category treatment for domestic bore water users, commercial landscapers, market gardens, caravan parks, sports grounds, pool owners and statutory licence holders. The degree to which each group is constrained or exempt depends on the Area and the stage prescribed for that Area.

This section sets out the principal operative duties, available defences and rights in the by‑laws, citing specific provisions.

• Primary duty not to contravene stage without CEO approval. A person must not, without the written approval of the CEO, use water in contravention of the stage of restrictions applicable under these by‑laws (by‑law 4(2)). The contravention creates an offence subject to a fixed monetary penalty (by‑law 4(2)).

• Duty to follow stage‑by‑stage watering rules. Schedule 2 prescribes the allowed methods and limitations for each stage. Examples:

  • Stage 1: Watering of lawn, garden or grass‑covered sporting ground only by reticulation during either the morning or evening period (but not both) on a particular day, or by a handheld hose with one outlet, or by a handheld watering can; synthetic sporting grounds may be watered for 10 minutes or less immediately before play or practice (Schedule 2, cl 1).
  • Stage 2: Adds an odd/even day regime for reticulation tied to the property’s street/lot number (Schedule 2, cl 2(1)); restricts spraying of buildings or paved areas except with high pressure water cleaner or handheld hose to the minimum extent necessary (cl 2(2)).
  • Stage 3: Permits reticulation on three days per week per Schedule 3 Division 1 in relation to the property (cl 3(1)(a)); limits spraying as in Stage 2 (cl 3(2)).
  • Stage 4: Differentiates between lawns/gardens (two specified days per Schedule 3 Division 2) and grass sporting grounds (three days per Schedule 3 Division 1) (cl 4(1)-(2)).
  • Stage 5: Restricts lawns/gardens to one day per week specified in Schedule 3 Division 3; grass sporting grounds remain on the three days per Schedule 3 Division 1 (cl 5(1)-(2)).
  • Stage 6: Prohibits reticulation for lawns/gardens (allows only handheld hose or watering can) (cl 6(1)); retains limited reticulation options for grass sporting grounds (cl 6(2)); restricts pool filling to replacement lost by evaporation/ordinary use (cl 6(4)).
  • Stage 7: Most restrictive; watering of lawns, gardens, grass and synthetic grounds only by handheld watering can (cl 7(1)); prohibits filling of swimming pools (cl 7(3)); restricts vehicle washing to bucket-and-cloth minimum necessity (cl 7(4)).

• Right/defence for licensed water users. Use in accordance with a licence under Rights in Water and Irrigation Act 1914 s 5C does not constitute an offence under by‑law 4 (by‑law 10). This is an absolute exemption from the by‑law offence where the licence authorises the use.

• Operational and activity‑based exemptions. Other statutory and practical exemptions apply:

  • By‑law 11: A person using domestic bore water to water a lawn by reticulation from a bore located on a property with a different street/lot number is not taken to contravene the stage as long as in any week they use the water on the days determined by reference to the street/lot number of the other property and on no other days (by‑law 11(2)). This addresses shared or off‑site bores relative to specified day regimes.
  • By‑law 12: Permits operation of reticulation using domestic bore water to the minimum extent necessary while installing, maintaining, testing or repairing the system; has a specific occupational carve‑out for turf/garden/landscaping workers (by‑law 12(1)-(2)).
  • By‑law 13: Allows commercial turf/gardening operators to water immediately after vertimowing or application of fertiliser or wetting agent, except where stage 7 applies (by‑law 13(1)-(2)).
  • By‑law 14: Market gardens and plant nurseries may water to the minimum extent necessary for viable operation (by‑law 14).
  • By‑law 15: Watering of caravan park sites immediately after vacation is permitted to the minimum extent necessary (by‑law 15).
  • By‑law 16: Aviary watering to the minimum extent necessary is permitted (by‑law 16).
  • By‑law 17: Watering for firefighting or training for firefighting is permitted to the minimum extent necessary (by‑law 17).

• Technical limits and definitions that constrain activity. The by‑laws impose technical and definitional limits that shape rights and duties: for example, a “high pressure water cleaner” is limited to pressurised water flowing at not more than 6 L per minute (by‑law 3). “Domestic bore” is constrained to non‑artesian wells from which only water from the water table aquifer can be taken (by‑law 3). “Garden” excludes indoor plants and glasshouse plants; “lawn” excludes grass‑covered sporting grounds (by‑law 3). These definitions narrow the scope of duties and permitted activities.

• Administrative discretion and approvals. The CEO’s written approval is the formal administrative mechanism by which a person may lawfully use water contrary to the stage (by‑law 4(2)). The by‑laws do not prescribe the contents, form, or criteria for such approvals within their text; they simply require written approval.

• Fixed penalty quantum. The monetary penalty for contravention without the CEO’s approval is a fine of $500 (by‑law 4(2)). The by‑laws do not provide for alternative sanctions within their text.

These duties and rights create a framework where regulated actors must first identify their Area, the current stage applicable to their water source (particularly domestic bore water, which has explicit stage assignments by Area), and whether any exemption applies (licence under the Rights in Water and Irrigation Act 1914, occupational or operational exceptions, or CEO written approval). The “minimum extent necessary” qualifier operates across many exemptions and is a recurring legal constraint on otherwise permitted activity.

The by‑laws create a single primary offence and fixed penalty amount, but they do not set out a detailed enforcement architecture within their text.

• Offence and penalty. By‑law 4(2) provides the substantive offence: a person must not, without the written approval of the CEO, use water in contravention of the stage of restrictions applicable under the by‑laws. The penalty for that offence is expressly stated as a fine of $500 (by‑law 4(2)). The by‑laws do not create separate fines for different breaches or scales of contravention; the text fixes a single fine quantum.

• Administrative authorisation and discretion. The written approval of the CEO is the statutory pathway to lawfully depart from the rules set by a stage (by‑law 4(2)). The by‑laws do not specify the procedural mechanism for seeking or granting such approval in terms of application form, timing, criteria, conditions, or review rights. The absence of procedural detail within the by‑laws suggests that the administration of approvals and any related enforcement procedure is left to the Water Agency or to powers in the enabling legislation (the Water Agencies (Powers) Act 1984) or associated administrative instruments.

• Enforcement mechanisms not specified in the by‑laws’ text. The by‑laws do not themselves identify who enforces the $500 offence, the authorised officers who may issue infringement notices, inspection powers, procedures for seizure or remediation, or the administrative or court processes for prosecuting the offence. Those operational enforcement mechanisms, if any, will typically be found in the enabling Act or in agency policies, but such mechanisms are not set out within the by‑laws’ text.

• Defences and exemptions reduce enforcement scope. The by‑laws provide multiple exemptions and conditional defences: licence users (by‑law 10), occupational exceptions (by‑laws 12-13), functional exceptions (by‑laws 14-17), and the domestic‑bore off‑site watering rule (by‑law 11). These create lines along which alleged contraventions may be lawful and must be considered by any enforcement officer or decisionmaker. The repeated “minimum extent necessary” qualifier is likely to be central in enforcement decisions about whether an activity exceeded an exemption.

• Evidential and interpretive considerations. Enforcement will require proof of contravention (e.g. evidence of watering at a prohibited time or method) and possibly evidence of an exemption (e.g. possession of a Rights in Water and Irrigation Act licence). The by‑laws’ reliance on concepts such as “relevant property” (by‑law 3), “minimum extent necessary”, and the last digit of street or lot numbers (Schedule 3) introduces factual questions (e.g. which property is relevant, whether watering was minimal) that enforcement bodies would need to resolve.

• Penalty quantum and proportionality. The by‑laws set a single monetary fine of $500 for contravening the stage without CEO approval (by‑law 4(2)). The instrument does not create graduated penalties according to the scale, frequency or seriousness of contravention, nor does it provide for infringement notice schedules or internal review processes. Any escalation beyond this fine will depend on prosecutorial or judicial outcomes under broader legal frameworks.

• Administrative recordkeeping and proof. Given the written approval requirement and the number of exemptions that require demonstration (for example, licences under the Rights in Water and Irrigation Act 1914 s 5C in by‑law 10), compliance and enforcement are likely to depend on documentary proof. The by‑laws do not prescribe recordkeeping obligations, but regulated parties will find it prudent to retain records of licences, written CEO approvals, timing of watering, and occupational activity to rebut any enforcement action.

In summary, the instrument prescribes one principal statutory offence and fixed fine amount and creates multiple exemptions and a CEO approval mechanism, but does not itself set out the operational enforcement architecture or administrative procedures. Enforcement questions, such as who may issue notices or undertake inspections, and the procedural tests for CEO approvals, are not provided in the by‑laws and would be matters for the enabling Act or agency practices.

The by‑laws reference and operate alongside other statutory instruments; they both preserve certain statutory rights and rely on other Acts for definitions and scope.

• Rights in Water and Irrigation Act 1914. The by‑laws give an explicit exemption for uses of water that are made in accordance with a licence under the Rights in Water and Irrigation Act 1914 s 5C (by‑law 10). The by‑laws also define “domestic bore” by reference to the Rights in Water and Irrigation Act 1914 section 2(1) non‑artesian well definition (by‑law 3). These cross‑references preserve the primacy of statutory water licences and ensure that those licences are not displaced by the by‑laws’ restrictions.

• Caravan Parks and Camping Grounds Act 1995. By‑law 15 uses the site definition from the Caravan Parks and Camping Grounds Act 1995 s 5(1) to frame an exemption for watering a site immediately after it has been vacated (by‑law 15). The by‑laws thus draw on definitional concepts in that Act to delimit their scope.

• Water Agencies (Powers) Act 1984. The by‑laws are made under the Water Agencies (Powers) Act 1984, as indicated at the head of the instrument. The compilation notes explicitly state that certain 2016 amendment by‑laws were of no effect because by‑laws under s 34 of the Water Agencies (Powers) Act must be made by the Minister and the purported 2016 amendments were made by the Governor (Other notes item 1). This interaction emphasises the constitutional and statutory requirement for correct law‑making procedure under the enabling Act, and indicates that the enabling Act allocates rule‑making power and likely contains enforcement or administrative machinery not restated in the by‑laws themselves.

• Local government provisions. Area 3 and Area 4 are defined by listing local government districts (by‑law 3), linking the by‑laws directly to local government boundaries. This produces operational dependencies: councils in those districts will be the local interface for communication and compliance, even though the by‑laws do not themselves assign enforcement to councils. There may be overlaps with local council by‑laws or notices; the by‑laws do not address conflicts between local laws and these by‑laws, so usual conflict rules in WA statutes and common law will be relevant.

• Interaction with land and planning law. The by‑laws exclude indoor plants and glasshouse plants from “garden” (by‑law 3), which interacts with planning and development uses that may require greenhouse irrigation. Market gardens and plant nurseries receive a specific operational exemption (by‑law 14), which will be relevant for planning and agricultural regulation.

• Administrative law and delegations. The CEO written approval mechanism (by‑law 4(2)) involves administrative discretion. While the by‑laws do not set out statutory review or merits review rights, administrative law principles, the enabling Act, or other statutes may provide avenues for review of decisions. The compilation table and other notes indicate that correct instrument‑making under the enabling Act is legally material (Other notes item 1).

• Commercial and contract impacts. The by‑laws may intersect with contractual obligations that depend on water supply or watering rights (e.g. landscape maintenance contracts, sporting ground hire agreements). The instrument’s exemptions for commercial operators (by‑laws 12-13) and market gardens (by‑law 14) are relevant to contractual performance and risk allocation, but the by‑laws do not directly resolve contract disputes.

• Criminal law and prosecution. The by‑laws create an offence with a fixed fine. For enforcement and prosecution processes (who prosecutes, court jurisdictions, evidential rules), the reader must look to the enabling Act and the general law on prosecution and infringement notices in WA, because those processes are not detailed in the by‑laws.

Overall, the by‑laws preserve licensed statutory water rights, import definitions and site concepts from other statutes, and rely on the enabling statute for statutory authority and proper instrument‑making. The instrument provides operational detail for water use but leaves procedural enforcement and the administrative framework to other laws and agency practice.

The compilation table and notes in the instrument record the by‑laws’ amendment timeline and identify important legal qualifications about some amendment instruments.

• Principal instrument and commencement. The Water Agencies (Water Use) By‑laws 2010 were published 16 March 2010 (Gazette p. 999-1031). By‑laws 1 and 2 (citation and commencement) commenced on the date of Gazette publication; the substantive by‑laws commenced on 1 April 2010 (by‑law 2 and compilation table).

• Subsequent amendment instruments listed in the compilation table. The compilation table records the following amending instruments and their publication/commencement dates:

  • Water Agencies (Water Use) Amendment By‑laws 2010 , published 28 Sep 2010; substantive by‑laws commenced 1 Oct 2010.
  • Water Agencies (Water Use) Amendment By‑laws (No. 2) 2010 , published 30 Nov 2010; substantive by‑laws commenced 1 Dec 2010.
  • Water Agencies (Water Use) Amendment By‑laws 2011 , published 8 Mar 2011; substantive by‑laws commenced 9 Mar 2011.
  • Water Agencies (Water Use) Amendment By‑laws (No. 2) 2011 , published 18 Nov 2011; substantive by‑laws commenced 19 Nov 2011.
  • Water Agencies (Water Use) Amendment By‑laws 2012 , published 24 Aug 2012; substantive by‑laws commenced 25 Aug 2012.
  • Reprint 1: as at 5 Apr 2013 (reprint consolidating amendments to that date).
  • Water Agencies (Water Use) Amendment By‑laws 2013 , published 14 Nov 2013; substantive by‑laws commenced 18 Nov 2013 (and Gazette 14 Nov 2013 p. 5027 referenced).
  • Water Agencies (Water Use) Amendment By‑laws 2017 , published 9 May 2017; substantive by‑laws commenced 10 May 2017.
  • Water Agencies (Water Use) Amendment By‑laws 2022 (SL 2022/141) , published 9 Aug 2022; substantive by‑laws commenced 1 Sep 2022 (compilation table).

• Specific amending changes recorded in marginal notes. The text itself shows specific amendments to by‑law 3 (definitions) on 30 Nov 2010, 14 Nov 2013 and 9 May 2017; amendments to by‑law 4 on 28 Sep 2010 and 14 Nov 2013; amendments to by‑laws 5-8 and 12 recorded at various dates, and Schedule 3 Division 3 amended on 28 Sep 2010. Schedule and clause deletions and insertions are recorded in bracketed notes within the instrument (e.g. [Division 1A (bl. 4A) deleted: Gazette 9 May 2017 p. 2431]; [Part 3 (bl. 18-29) deleted: Gazette 9 May 2017 p. 2432]). Schedule 2 has received amendments reflected by marginal notes for various clauses.

• Invalid amendments and procedural defects. The compilation’s “Other notes” contains an important legal qualification: the Water Agencies (Water Use) Amendment By‑laws 2016 (published 13 Dec 2016) purport to amend the principal by‑laws but are noted to be of no effect because those amending by‑laws were made by the Governor rather than the Minister. The note states that by‑laws under the Water Agencies (Powers) Act 1984 s 34 must be made by the Minister, so the 2016 instrument is excluded from the compilation (Other notes item 1). This is a specific record of a procedural defect in a purported amendment.

• Effect of amendments on substantive operation. The text shows targeted changes rather than wholesale reworking; for example, Area 3’s stage schedule was adjusted by later amendment (the current version shows Area 3 as stage 6 from 1 June-31 August and stage 4 otherwise, by‑law 7(2) with marginal years noted), and Schedule 3 has been refined to provide division‑specific specified days for watering. Deletions of whole parts and divisions are recorded, indicating administrative streamlining in 2017 (e.g. deletion of Part 3 (bl. 18-29) and Part 4 (bl. 30-31) per Gazette 9 May 2017). These textual notes reflect ongoing tuning of the operational regime.

• Practical consequence of amendment history. The statutory timeline and invalid amendment note mean that practitioners must rely on the compiled and current text and be alert to the potential invalidity of instruments made with incorrect procedural authority. The compilation table identifies the operative dates of each valid amendment; practitioners and administrators need to track those operative dates for compliance and for retrospective assessment of conduct.

In sum, the by‑laws were introduced in 2010 and have been amended periodically. The compilation includes a discrete note that a 2016 amendment instrument was of no legal effect due to the wrong rule‑maker, highlighting the importance of checking both substantive amendments and the legal validity of amending instruments.

The by‑laws’ compiled text does not record any cases or judicial decisions. The instrument itself names no judicial authorities and contains no explicit section referencing litigation, precedent or judicial interpretation. The compilation and notes likewise do not cite any reported litigation concerning these by‑laws.

However, the by‑laws’ structure and language identify several legal questions that would be likely to arise if litigation or administrative review were to occur. These are prospective lines of dispute grounded in the by‑laws’ text.

• Interpretation of “minimum extent necessary”. This phrase recurs in many exemptions (by‑laws 12-17 and Schedule 2, cl 2(2), 3(2), 4(3), 5(3), 6(3), 7(2)); litigation would likely focus on what the phrase means in particular factual contexts (e.g. market garden irrigation vs household watering), how to quantify necessity, and whether objective or subjective standards apply. The by‑laws do not specify standards or measurement methods for “minimum extent necessary”.

• Scope of the CEO’s written approval. By‑law 4(2) permits written approval by the CEO to allow otherwise prohibited uses. Litigation might test the lawfulness of a particular CEO decision, whether procedural fairness applies to approval refusals, and whether there are implied limits or fetters on the CEO’s discretion. The by‑laws do not supply procedural or criteria‑based text for such approvals, so judicial review could consider whether decisions are reasonable or lawful under administrative law principles and the enabling Act.

• Identification of “relevant property” and street/lot number rules. Schedule 3 attaches permitted days to the last digit of a property’s street or lot number. Disputes could arise over which property is the “relevant property” where land titles, multiple dwellings or strata arrangements complicate numbering, or where bores serve multiple properties (by‑law 11 addresses some off‑site bore situations but practical disputes might persist).

• Interaction with licences under the Rights in Water and Irrigation Act 1914. By‑law 10 exempts water use authorised by a s 5C licence. If a licence holder is alleged to have overused water in a way that also contravenes these by‑laws, litigation would need to reconcile statutory licence entitlements and by‑law restrictions, and clarify whether the by‑laws can limit or condition the licensed rights.

• Enforcement procedure and evidential burdens. Since the by‑laws specify only an offence and penalty but not enforcement procedure, disputes may occur about who may enforce, how evidence is to be gathered, and whether infringement notices or prosecutions are conducted properly under the enabling Act.

• Validity of amendments and instrument‑making procedure. The compilation explicitly records that the 2016 amendment by‑laws were of no effect because the Governor, rather than the Minister, purported to make them (Other notes item 1). Any litigation attempting to rely on such invalid amendments would be vulnerable; conversely, challenges could arise about whether particular changes were properly enacted. The principle recorded in the Other notes would be directly relevant to any dispute over the validity of an amending instrument.

Because the instrument contains no reported cases, practitioners must infer litigation risk from the by‑laws’ text. If disputes arise, likely judicial issues will concern meaning of key qualifiers, the exercise of CEO discretion, evidential matters in enforcement, and the proper scope of statutory licences versus by‑law restrictions. Any actual litigation outcomes would need to be sourced externally; none are contained in the compiled text provided.

This instrument contains several drafting choices and operational features that create practical pitfalls for regulated parties and advisers. These are factual or legal points to watch rather than value judgments.

• “Minimum extent necessary” is a recurring and un‑defined standard. The phrase appears across exemptions and certain permitted cleaning or emergency activities (by‑laws 12-17 and Schedule 2, multiple clauses). The by‑laws give no metric for “minimum”, no examples of acceptable evidence, and no procedural guidance. Practitioners should note that compliance will turn on fact‑specific assessments and records.

• CEO written approval: form and criteria unspecified. By‑law 4(2) requires written approval of the CEO to authorise otherwise prohibited uses, but the instrument does not state application procedures, decision criteria, or timeframes. Parties seeking approvals must engage directly with agency practice; there is no statutory safe harbour in the by‑laws themselves.

• Geographic mapping described as “for information purposes”. The maps in Schedule 1 are marked as “for information purposes” and the Areas are legally defined by coordinates and by local government district lists in by‑law 3. Users relying on the maps should cross‑check coordinates and local government district lists because the graphic is informational, not definitive.

• Domestic bore definition narrows coverage. A “domestic bore” is limited to a non‑artesian well as defined in the Rights in Water and Irrigation Act 1914 s 2(1) from which the only water that can be taken is from the water table aquifer (by‑law 3). This means bores that draw from other aquifers or are artesian may not qualify for the domestic bore treatment and could be subject to different stages or requirements; advisers must verify well type and statutory classifications.

• The specified‑day regime depends on last digit of street or lot number. Schedule 3 links permitted reticulation days to the last digit of a street/lot number. For multi‑unit developments, strata properties, or properties without clear numbering, assignment may be ambiguous. By‑law 11 provides a narrow rule for bores located on different properties, but complexities remain for shared bores, multiple lots, or properties in transition.

• Technical device definition (high pressure water cleaner). The by‑laws define a high pressure water cleaner as one with a maximum flow of 6 L/min (by‑law 3). Operators using devices near that threshold need to be certain of flow rates; exceeding the limit could convert what is permitted cleaning into an offence under the stage rules.

• Stage‑specific limits on pools and vehicle washing. Stages 6 and 7 impose limits on pool filling and vehicle washing: stage 6 allows only replacement for evaporation/ordinary use and stage 7 prohibits filling and restricts vehicle washing to bucket‑and‑cloth minimums (Schedule 2, cl 6(4), cl 7(3)-(4)). Pool owners and carers must document evaporation loss or else risk a finding of contravention.

• Lack of enforcement procedure in the by‑laws. The instrument sets the fine quantum but does not set out the enforcement apparatus (authorised officers, notice schemes, powers of inspection). Practitioners must look to the enabling Act and agency policy for enforcement details; reliance on the by‑laws alone will not clarify procedural protections or review channels.

• Invalid amendments: procedural history matters. The compilation explicitly excludes the 2016 amending by‑laws as of no effect because they were made by the Governor not the Minister (Other notes item 1). This demonstrates that procedural defects can render amending instruments invalid. Users should rely on the compiled instrument and exercise care when citing amending instruments.

• Stage assignment for domestic bore water differs across Areas and seasons. Area 3 and Area 4 move to stage 6 for 1 June-31 August then revert to stage 4 or stage 1 respectively at other times (by‑laws 7(2), 8(2)). This seasonal switching could catch users who assume a static stage applies year‑round; communications and planning must account for seasonal transitions.

• Prescriptive but non‑exhaustive exemptions. The by‑laws list a set of exemptions but do not state that they are exhaustive. That raises interpretive questions about whether other usages might be permitted under common law or other statutes, and how to reconcile onsite operational needs not expressly mentioned.

These gotchas underline that compliance is often a matter of factual proof (timing, water source, device capacity), close attention to Area and stage, administrative engagement with the CEO for approvals, and recordkeeping to evidence reliance on exemptions.

This section sets out practical steps and compliance measures anchored to specific by‑law provisions.

1. Identify applicable Area and stage.

   • Determine Area by reference to by‑law 3: use the coordinate description and local government district lists (Area 1-Area 4) and consult Schedule 1 for maps “for information purposes” (by‑law 3; Schedule 1).
   • For domestic bore water users, apply the stage assigned in by‑laws 5-8. Note seasonal variations for Area 3 and Area 4 (by‑laws 7(2), 8(2)).
   • For other water sources, confirm which stage the Water Agency has declared applicable for the user’s area.

2. Map property numbering to specified days.

   • Where reticulation is permitted by reference to specific days, determine the last digit of your street number or, if no street number, the lot number; then consult Schedule 3 Division 1, 2 or 3 as applicable to your stage to identify allowed watering days.
   • For properties without clear numbering (strata, multi‑tenanted lots), determine which entity is the “relevant property” for watering obligations and document the basis for that determination.

3. Adopt watering practices that comply with the applicable Schedule 2 stage.

   • Reticulation users: schedule automatic systems to operate only during the permitted morning or evening period and only on permitted days; ensure timers prevent operation outside the permitted period.
   • Handheld hose and watering can users: ensure practices conform to the stage; Stage 6 and 7 restrict reticulation and may require handheld methods (Schedule 2 cl 6(1), cl 7(1)).
   • Sporting grounds: limit synthetic sporting ground watering to 10 minutes or less immediately before play/practice when allowed; for grass sporting grounds, schedule reticulation to the three days or other days permitted under the stage (Schedule 2 cl 1(2), cl 3(1)(a), cl 4(2)(a), cl 5(2)(a), cl 6(2)(a)).

4. Maintain and calibrate equipment to technical limits.

   • Verify the flow rate of any high pressure water cleaner (should be not more than 6 L per minute to qualify as permitted under Schedule 2 exemptions and by‑law 3 definition).
   • Ensure reticulation systems are properly maintained to limit leaks and unnecessary watering, which could amount to breach of the “minimum extent necessary” standard.

5. Use exemptions correctly and retain documentary evidence.

   • If relying on a Rights in Water and Irrigation Act s 5C licence, keep a certified copy of the licence on hand to produce to any enforcement officer (by‑law 10).
   • For installation, maintenance or testing of reticulation systems, document the work (dates, tasks performed, name and occupation of workers) and limit operation to the minimum extent required (by‑law 12).
   • For commercial turf/gardening operations seeking to water immediately after vertimowing or fertiliser application, retain job sheets, client instructions and operational logs to show timing and minimal watering (by‑law 13).
   • For market gardens and nurseries, keep irrigation schedules and crop viability records to justify water use as necessary (by‑law 14).
   • Caravan park operators should document site turnover schedules and watering undertaken immediately after vacation (by‑law 15).
   • For aviaries or firefighting training, keep operational records showing necessity and minimal use (by‑laws 16-17).

6. Manage pools and vehicle washing per stage rules.

   • During stage 6, limit pool top‑ups to replacement for evaporation and ordinary use, and document evaporation estimates or water balance calculations (Schedule 2 cl 6(4)).
   • During stage 7, do not fill pools; vehicle washing must be limited to bucket and cloth and only to the minimum extent necessary for safe driving (cl 7(3)-(4)).

7. Seek CEO written approval where necessary and do so in writing.

   • If operations require watering outside of the stage restrictions, apply for written approval from the CEO (by‑law 4(2)). Because the by‑laws do not set procedural requirements, make the application in writing, include facts, justification, proposed conditions and a request for a written decision to create an evidentiary paper trail.
   • Retain any written approval in physical and electronic form and ensure compliance with any conditions it imposes.

8. Keep contemporaneous records.

   • Given the centrality of factual proof (time of watering, method used, occupational status), maintain logs, timer settings, invoices, photos or video where appropriate, and copies of relevant licences and approvals.
   • For businesses, integrate water‑use records into routine compliance reporting and audits.

9. Communicate with tenants and contractors.

   • Where bores, reticulation systems or irrigation responsibilities are shared across properties or tenants, clearly allocate responsibility in leases or agreements and document the agreed watering schedule that complies with Schedule 3 and by‑law 11 where applicable.

10. Monitor amendment and administrative practice.

    • Track agency communications and valid statutory amendments (consult the compilation table and official Gazette notices) so that compliance systems reflect current operative law.
    • Because procedural enforcement and approval mechanisms are not in the by‑laws themselves, establish contact points with the relevant Water Agency to obtain forms, criteria and timescales for CEO approvals and to understand enforcement practices.

11. Where in doubt, obtain formal guidance or seek licences.

    • If a water use is critical and likely to be constrained by the by‑laws, consider seeking a licence under the Rights in Water and Irrigation Act 1914 where applicable (by‑law 10), or obtain written CEO approval for a particular exception.

These steps translate the by‑laws’ prescriptions into operational compliance tactics: identify Area and stage; schedule, document and limit watering; secure licenses or approvals where available; and maintain records that will be decisive if enforcement action or administrative review occurs.