Examining the Rights in Water and Irrigation Act 1914 (WA) Provisions

This report provides an overview of the Rights in Water and Irrigation Act 1914 (RIWI) of Western Australia, focusing on its purpose, subject matter, and scope. It analyses the rights, duties, powers, and liabilities outlined in the Act for landowners and occupiers, including the regulations and potential legal consequences for non-compliance. The report further discusses the key approaches to environmental policymaking embedded within the RIWI Act, such as regulations, economic instruments, and public participation, emphasizing the government's role in managing water resources sustainably. This document is available on Desklib, a platform that offers a range of study tools and resources for students.

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Law
Rights in Water and Irrigation Act 1914 (WA)

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Table of Contents
Introduction...............................................................................................................................2
Purpose, Subject Matter and Scope of RIWI Act........................................................................3
Rights, duties, powers and liabilities set out in the RIWI Act....................................................4
Key approaches to environmental policy making......................................................................7
Conclusion..................................................................................................................................8
References..................................................................................................................................9

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Introduction
The importance of environmental protection has grown substantially as the threat of
climate change become prominent. The governments across the globe are focused on
introducing new policies which are targeted towards protecting environmental resources
and establishing a sustainable environment. In the case of Australia, the government has
introduced various laws in order to ensure that parties properly use scarce resources to
ensure that they are protected in the future. The Australian Government plays a crucial role
as a regulator to ensure that companies did not misuse their powers while using
environmental resources and they did not cause pollution in the environment. A good
example is implementation of the Rights in Water and Irrigation Act 1914 (RIWI). This
legislation is focused on providing provisions relating to rights in water resources and make
provisions in order to regulate, manage, use and protect water resources while providing for
irrigation schemes and for related purposes (O’Donnell, 2013). The objective of this report is
to evaluate this legislation in order to understand its purpose, subject matter, and scope.
The objective of this act will be evaluated thoroughly after evaluating the entire document
to understand its structure. Various rights, duties, powers, and liabilities which are included
in this act will be analysed in this report along with evaluation of legal consequences which
parties can face in case of non-compliance. The key approach of environmental policy
making found in RIWI act will be discussed including regulations, economic instruments, and
public participation/consultation.

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Purpose, Subject Matter and Scope of RIWI Act
The purpose of RIWI Act is to provide the legislative basis for the planning,
regulations, protection, management, protection, and allocation of water resources. This
aim of this act is to provide guidelines for effective management of water resources in the
country to ensure that appropriate resources are available for everyone. Moreover, this act
focuses on providing policies for sustainable use and development of water resources in the
countries. These policies are included in this act in order to ensure that appropriate water
resources are available in the country in order to meet the needs of current and future users
(Huntjens et al., 2012). The subject matter of this act provides provisions regarding
providing licenses to land users and issuing guidelines for them to ensure that they properly
use water resources. These regulations also guide them to ensure that they sustainably use
their water resources so that they are available for future generations as well. Provisions are
included in this act regarding five stages which parties have to follow in order to complete
water licensing process. Steps are also provided for companies to make changes in an
existing license owned by a landowner in the country.
The object of the RIWI Act is given under section 4 which is included in Part III
Division 1. As per section 4, the objects of this act are divided into four subsections. Section
4 (1) (a) (i) provides that this act aims to manage the water resources in a particular manner
in order to ensure that they are sustainability used and developed in order to meet the
current and future requirements of users (Legislation, 2018). Moreover, subsection 1 (a) (ii)
provides that this act also focuses on protecting the ecosystem of the country and the
environment in which water resources are situated by providing provisions for regulations
of activities which have detrimental impact on them (Legislation, 2018). Subsection 1 (b) of
this act provides that this act aims to promote the orderly, equitable and efficient user of
water resources in Australia. Provisions are also included in this act in order to foster local
communities which come within the administration of local authorities (subsection 1 (b)).
This section also provides that this act aims to increase the engagement or
participation of local communities in the administration process. Lastly, subsection 1 (d) of
this act provides that this act is focused on aligning the national policies which are
implemented by the government for the management of other natural resources with

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policies for management of water resources. Section 4 (2) of this act provides that the term
‘use and development’ used under subsection 1 (a) (i) include provisions which guide the
operations for use and development of cultural, commercial, domestic, navigational and
recreational purposes (Saxer, 2010). Subsection 3 of this act provides that the Minister seeks
to ensure that the objectives which are mentioned under subsection 1 of this act are
achieved and other persons who are responsible for carrying out the activities of this act
have relevant functions in this part.
The scope of this act is provided under section 5 of this Act. This section provides
waters to which this Act did not apply. As per subsection 1 (a) of this section, the water of
any spring which is flowing and rise to the surface which has been granted or demised by
the Crown until such water pass beyond the boundaries of the land that belongs to the
occupier or owner of the land. Subsection 1 (b) of this section provides that the water which
is in the wetland the best of which the land has been granted or demised by the Crown and
such water which comes wholly within the boundaries of the land which belongs to the
owner or occupier of the land (Haehnlein, Bayer & Blum, 2010). Both these water sources
did not come within the scope of the RIWI Act unless such spring or wetland is prescribed by
local by-laws as the spring or wetland in which the provisions of this act apply. Subsection 2
of this section provides provisions regarding a spring or wetland which may not be
prescribed as a spring or wetland on which the provisions of this act did not apply.
Subsection 2 (a) of this section provides that taking water from a spring or wetland is in the
opinion of the water resources management committee which is established under Division
3C used for locality or localities in which by-law intended to apply and have a significant
impact on the flow or level of a water source or wetland (Legislation, 2018). Moreover,
subsection 2 (b) provides that the committee recommends to the Minister regarding which
spring or wetland will this act applies or not.
Rights, duties, powers, and liabilities set out in the RIWI Act
Landowners and occupiers have certain rights available based on which they can
control and use water resources located on, below or adjoining their land. The water rights
grants to these landowners allow them to reasonably use the water flowing or adjoining
their land. This right is present in the common law which extends to the use of static

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groundwater and surface water which is present on a particular land. Although the rights of
landowners regarding the use of water still exist and still relevant in the common law rights,
however, they have become limited as per statute-based water control and management
regulations (Olszewska, 2018). In the case of Western Australia, the RIWI Act governs the
rights of landowners regarding the resources on or adjoining their land. As per this act, a
landowner or occupier has a right to take surface water or water from waterways which are
above or adjoining their lands for three purposes which include domestic use, watering
stocks or irrigation of small gardens. These rights are subject to various restrictions in the
act. The rights which are vested for landowners or occupiers are subject to local by-laws.
Section 9 (1) of this act recognises the rights of landowners or occupiers in order to use the
water for domestic purpose or watering cattle or other stock.
Moreover, rights are recognised under section 10 of the RIWI Act which provides
that parties have the right to take water for domestic and ordinary use which is accessible
by a public road or reserve. Moreover, section 20 and 21 provides the rights of landowners
and occupiers regarding other surface waters (Legislation, 2018). Under section 20 of the
act, riparian owners (owner or occupier) have the right to use the water free of charge for
domestic and ordinary use and for the use of watering cattle or other stock. Section 21 also
recognised the rights towards the use of water to which there is access by public road for
domestic and ordinary use, fire-fighting, watering cattle and extends the flow of water. A
statutory duty is recognised under subsection (1) (a) of this act based on which parties have
to ensure that they use water resources through sustainable ways. Liability can be imposed
on the party for violating this duty under section 5E (2) (a) of this act (Austlii, 2018).
Moreover, liability can be imposed on a party under section 5E (2) (a) of this act for violating
the duty recognised under subsection (1) (b) of this Act. Moreover, the license holders have
the duty to ensure that they comply with the guidelines in order to avoid legal
consequences.
Powers of the Minister are recognised under section 17 of the act regarding
obstruction of the water which is not possible without the approval of the Minister.
Similarly, section 22 provides that the Minister may as per his/her opinion has the power to
give written notice to the person who is diverted, taken or used the water in the manner
which is not right. Section 26GA provides that in case the volume of water is augmented due

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to construction work, then the rights recognised under section 9, 10, 20 and 21 are subject
to the limitations, and they must exercise in accordance with the subsection and the
regulations (Legislation, 2018). The Minister also has the power given under section 26GC of
the act in order to restrict the amount, rate or purpose for this the water is taken out of the
water resources. Moreover, the Minister also has the power given under this section to
prohibit a party from taking the water from the water resource or the purpose for which the
water by the person can be used. Under section 26H of this Act, the Minister has the right to
enter any land and inspects the land which is in the control of the Crown (Austlii, 2018). The
Minister can also provide provisions for protection of the water and its resources by
removing obstacles and cleaning, deepening or straightening the source. These powers can
be used in order to prevent any illegal diversion of the water or preventing unwanted
interventions. The RIWI Act also provides various regulations in order to impose legal
consequences on parties that violate these provisions. Section 72 provides provisions for
general penalty imposed on the party. As per this section, any person that commits an
offence against this act shall be liable for a penalty not exceeding $10,000.
Under this act, provisions regarding license holders are included who are those
landowners who have the right to use the water on their land. The parties have to make an
application for receiving the license in the nearest Department of Water and Environmental
Regulation regional office. License is required to take water, construct wells or interfere
with the bed and banks. Schedule 1 section 25 provides that the Minister has the right to
suspend or cancel the license of a party in case the party causes damage to the water
resources or fails to comply with relevant duties. Penalty of $10,000 and a daily penalty of
$1,000 can be imposed for violation of section 5C of this act. The amount of penalties can be
imposed based on the actions of the parties. In a recent example, a company used more
than 34 million litres of bore water without getting a license. A fine of $45,000 was imposed
on the company for violating the provisions of the RIWI Act (Philipps, 2017). All these
penalties are imposed on parties in order to ensure that they did not violate the provisions
given in the RIWI Act.

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Key approaches to environmental policy-making
The RIWI Act focuses on implementing various environmental approaches which
enable policy makers to make policies which are targeted towards protecting environmental
resources. A good example is section 4 (1) (d) of this act which provides that this act focuses
on aligning the objectives of protection of water resources along with protection of other
natural resources. The Minister is authorised under this act to take decisions which he/she
deemed necessary or appropriate to protect the water resources. Recent amendments
made in this act also highlighted that key approach of this act which focused on protecting
the environmental resources (Olszewska, 2018). Maintaining policies regarding protection of
the water resources are important to ensure that these resources are secured for current
and future generations. This act has clearly defined how water resources can be used by the
parties in Western Australia to ensure that they did not waste them.
The recent amendments made in this act are focused on improving the role of this
act as the key regulator to ensure that water resources in Western Australia are protected.
For example, the grant of miscellaneous license in this act is subject to amendments or
replacements made in this act. The mining register or the warden comes within the
provisions given under section 42 (as read with section 92) of this act (Legislation, 2018). As
per these laws, the application of a person which his make in respect of granting a
miscellaneous license for any land can be issued for one or more purposes. The policies and
amendments made in the RIWI Act goes along with the State-wide Environmental Water
Provisions Policy and the EPA’s Public Environmental Review process to ensure that the
decisions which are made aligned with each other rather than contravening each other. For
example, section 7 (3) of the Petroleum and Geothermal Energy Resources Act 1967 (WA)
requires that the parties taking or use the water for the purpose of any petroleum activity is
subject to the provisions given by the RIWI Act (Malafeh & Sharp, 2015). This shows that
approach of this act regarding economic instruments based on which the parties have to
take tradable permits while using any water resources.

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Conclusion
In conclusion, the Rights in Water and Irrigation Act is key legislation in Western
Australia which focuses on governing the rights in water resources. In this case, the subject
matter, scope, purpose, and object of this act are evaluated which provides that it is focused
on providing provisions for regulation, management, and protection of water resources
which are used for domestic, irrigation and related purposes. Various rights, duties,
liabilities, and powers of parties are identified in this report which is included in the RIWI
Act. Lastly, the key approaches which are included in this act relating to policy making are
identified to understand who this act is used for forming new policies and aligning the
policies of the act with other regulations. Conclusively, this act plays a crucial role in
protecting the water resources in Western Australia which is important to address the issue
of climate change to ensure that water is available to fulfil the needs of current and future
generations.

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References
Austlii. (2018). Rights in Water and Irrigation Act 1914. Retrieved from
http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/wa/consol_act/riwaia1914305/
Haehnlein, S., Bayer, P., & Blum, P. (2010). International legal status of the use of shallow
geothermal energy. Renewable and Sustainable Energy Reviews, 14(9), 2611-2625.
Huntjens, P., Lebel, L., Pahl-Wostl, C., Camkin, J., Schulze, R., & Kranz, N. (2012). Institutional
design propositions for the governance of adaptation to climate change in the water
sector. Global Environmental Change, 22(1), 67-81.
Legislation. (2018). Rights in Water and Irrigation Act 1914. Retrieved from
https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/
mrdoc_25444.pdf/$FILE/Rights%20in%20Water%20and%20Irrigation%20Act
%201914%20-%20%5B09-c0-06%5D.pdf?OpenElement
Malafeh, S., & Sharp, B. (2015). Role of royalties in sustainable geothermal energy
development. Energy Policy, 85, 235-242.
O'Donnell, M. (2013). The national water initiative, native title rights to water and the
emergent recognition of indigenous specific commercial rights to water in northern
Australia. Australasian Journal of Natural Resources Law and Policy, 16(1), 83.
Olszewska, J. (2018). Turning water into gold: water trading rights in Western Australia.
Retrieved from http://findlawaustralia.com.au/articles/395/turning-water-into-gold-
water-trading-rights-in-we.aspx
Petroleum and Geothermal Energy Resources Act 1967 (WA)
Philipps, M. (2017). Company fined for unlicenced water use. Retrieved from
https://thewest.com.au/news/south-western-times/company-fined-for-unlicenced-
water-use-ng-b88660684z
Rights in Water and Irrigation Act 1914 (WA)

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Saxer, S. R. (2010). The fluid nature of property rights in water. Duke Envtl. L. & Pol'y F., 21,
49.