Australian Inland Energy Water Infrastructure Act 2000 (NSW)

An Act to amend the Energy Services Corporations Act 1995 so as to rename Australian Inland Energy as Australian Inland Energy Water Infrastructure, to amend the Water Supply Authorities Act 1987 so as to establish the renamed body as a water supply authority under that Act, and to enable the renamed body to exercise additional regional development functions in the Far West region of the State; to make consequential amendments to a number of other Acts and instruments; and for other purposes.

1Name of Act

This Act is the Australian Inland Energy Water Infrastructure Act 2000.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Water Supply Authorities Act 1987 No 140

The Water Supply Authorities Act 1987 is amended as set out in Schedule 1.

4Amendment of Energy Services Corporations Act 1995 No 95

The Energy Services Corporations Act 1995 is amended as set out in Schedule 2.

5Amendment of other Acts and instruments

Each Act and instrument referred to in Schedule 3 is amended as set out in that Schedule.

Schedule 1Amendment of Water Supply Authorities Act 1987

(Section 3)

[1]Section 8 Schedules relating to Authorities

Omit “Broken Hill Water Board” from section 8 (2).

Insert instead “Australian Inland Energy Water Infrastructure”.

[2]Section 10 Exercise of functions by an Authority

Insert after section 10 (1):

(1A)

Subsection (1) (b) does not apply to an Authority listed in Part 3 of Schedule 1.

[3]Section 60 Authority must provide information

Insert at the end of the section:

(2)

This section does not apply to an Authority listed in Part 3 of Schedule 1.

[4]Section 61 Efficiency review

Insert after section 61 (2):

(3)

This section does not apply to an Authority listed in Part 3 of Schedule 1.

[5]Section 62 Appointment of administrator

Insert after section 62 (3):

(4)

This section does not apply to an Authority listed in Part 3 of Schedule 1.

[6]Section 67

Insert after section 66:

67Savings and transitional provisions

Schedule 7 has effect.

[7]Schedule 1 Water Supply Authorities

Omit “Broken Hill Water Board” from Part 1 of Schedule 1.

[8]Schedule 1, Part 3

Insert after Part 2:

Part 3

Australian Inland Energy Water Infrastructure

[9]Schedule 3

Omit “Broken Hill Water Board” from the heading to the Schedule.

Insert instead “Australian Inland Energy Water Infrastructure”.

[10]Schedule 3, Part 1

Omit the Part.

[11]Schedule 3, Part 2

Insert in alphabetical order in clause 6 (1):

Corporation means Australian Inland Energy Water Infrastructure.

[12]Schedule 3, Part 2

Omit “The Board” and “the Board” wherever occurring.

Insert instead “The Corporation” and “the Corporation”, respectively.

[13]Schedule 7

Insert after Schedule 6:

Schedule 7Savings and transitional provisions

(Section 67)

Part 1Preliminary1Savings and transitional regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

• •

  Australian Inland Energy Water Infrastructure Act 2000

(2)

Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3)

To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.

Part 2Provisions consequent on enactment of Australian Inland Energy Water Infrastructure Act 20002Definitions

In this Part:

assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.

liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).

rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

3Dissolution of Broken Hill Water Board(1)

The Broken Hill Water Board is dissolved and its members removed from office.

(2)

No compensation is payable to or in respect of any former member of the Broken Hill Water Board as a consequence of his or her removal from office under this clause.

4Transfer of staff(1)

Each person who, immediately before the commencement of this clause, was a member of staff of the Broken Hill Water Board becomes, by operation of this clause, a member of staff of Australian Inland Energy Water Infrastructure.

(2)

Any person who, under this clause, becomes a member of staff of Australian Inland Energy Water Infrastructure is (until other provision is duly made under any Act or law) to be employed in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the person had the person not become a member of staff of Australian Inland Energy Water Infrastructure but remained a member of staff of the Broken Hill Water Board.

(3)

For the purpose of preserving the superannuation and leave entitlements of former members of staff of the Broken Hill Water Board, that Board is declared to be a public authority to which Schedule 4 to the State Owned Corporations Act 1989 applies, as referred to in the definition of eligible employee in clause 1 of that Schedule.

5Transfer of assets, rights and liabilities

Subject to the regulations:

• (a)

  the assets of the Broken Hill Water Board are, by operation of this clause, vested in Australian Inland Energy Water Infrastructure, and

• (b)

  the rights and liabilities of the Broken Hill Water Board become, by operation of this clause, the rights and liabilities of Australian Inland Energy Water Infrastructure, and

• (c)

  any proceedings relating to the assets, rights and liabilities of the Broken Hill Water Board or a predecessor of the Broken Hill Water Board and pending immediately before the commencement of this clause are taken to be proceedings pending against Australian Inland Energy Water Infrastructure, and

• (d)

  any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities of the Broken Hill Water Board before the commencement of this clause by, to or in respect of the Broken Hill Water Board or a predecessor of the Broken Hill Water Board is (to the extent to which it has any force or effect) taken to have been done or omitted by, to or in respect of Australian Inland Energy Water Infrastructure.

6Miscellaneous(1)

The operation of clauses 4 and 5 is not to be regarded:

• (a)

  as a breach of confidence or otherwise as a civil wrong, or

• (b)

  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

• (c)

  as giving rise to any remedy by a party to an instrument, or causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

• (d)

  as an event of default under any contract or other instrument.

(2)

No attornment to Australian Inland Energy Water Infrastructure by a lessee from the Broken Hill Water Board is required.

(3)

No compensation is payable to any person in connection with the operation of this clause.

(4)

Subclause (1) does not affect the rights of any member of staff referred to in clause 4.

(5)

Duty under the Duties Act 1997 is not chargeable for or in respect of anything certified by the Minister as having been done in consequence of the operation of this clause (for example, the transfer or conveyance of an interest in land).

7Area of operations and special areas(1)

Subject to the regulations, the area of operations of Australian Inland Energy Water Infrastructure is the same as the area of operations for the Broken Hill Water Board, as it was immediately before the commencement of this clause.

(2)

Any special area for the Broken Hill Water Board, as existing immediately before the commencement of this clause, is taken to be a special area for Australian Inland Energy Water Infrastructure under this Act.

8Construction of certain references

A reference in any Act, in any instrument made under any Act or in any document of any kind to the Broken Hill Water Board or a predecessor of the Broken Hill Water Board is (to the extent to which it relates to its assets, rights or liabilities) taken to include a reference to Australian Inland Energy Water Infrastructure.

9General saving

Subject to the regulations:

• (a)

  any application or notice (however described) that was given or sent to the Broken Hill Water Board before the commencement of this clause is taken to have been given or sent to Australian Inland Energy Water Infrastructure, and

• (b)

  any decision or determination (however described) that was made by the Broken Hill Water Board before the commencement of this clause is taken to have been made by Australian Inland Energy Water Infrastructure, and

• (c)

  any approval, consent or permission (however described) that was given by the Broken Hill Water Board before the commencement of this clause is taken to have been given by Australian Inland Energy Water Infrastructure.

Schedule 2Amendment of Energy Services Corporations Act 1995

(Section 4)

[1]Schedule 1 Energy services corporations

Omit “Australian Inland Energy” from Part 2.

Insert instead “Australian Inland Energy Water Infrastructure”.

[2]Schedule 2 Supplementary provisions concerning constitution and procedure

Insert after clause 3:

3AMinisterial directions in the public interest(1)

This clause applies to Australian Inland Energy Water Infrastructure in relation only to the exercise of its functions under the Water Supply Authorities Act 1987.

(2)

A direction may be given to Australian Inland Energy Water Infrastructure under section 20P of the State Owned Corporations Act 1989 without compliance with subsection (3) of that section if the portfolio Minister decides that this action is warranted on grounds involving urgency, public health or public safety.

(3)

The notice referred to in section 20P of the State Owned Corporations Act 1989 is to include a statement of the reasons for that decision.

(4)

The portfolio Minister is to publish in the Gazette (and is to make available on the Internet) any direction under section 20P of the State Owned Corporations Act 1989, and any notification under section 20O of that Act, given to the board of Australian Inland Energy Water Infrastructure as soon as practicable after it is given.

Schedule 3Amendment of other Acts and instruments

(Section 5)

Attachment of Wages Limitation Act 1957 No 28

Omit “Broken Hill Water Board”.

Electricity Supply Act 1995 No 94

Omit “Australian Inland Energy”.

Insert instead “Australian Inland Energy Water Infrastructure”.

First State Superannuation Act 1992 No 100[1]Schedule 1 Employers

Omit “Broken Hill Water Board” from Part 1.

[2]Schedule 1, Part 1

Omit “Australian Inland Energy”.

Insert instead “Australian Inland Energy Water Infrastructure”.

Government and Related Employees Appeal Tribunal Act 1980 No 39

Omit “The Broken Hill Water Board.”.

Heritage Act 1977 No 136[1]Section 123 Definitions

Omit paragraph (e) of the definition of rating or taxing authority.

Insert instead:

(e)

a water supply authority within the meaning of the Water Supply Authorities Act 1987,

[2]Section 123, definition of “valuing law”

Omit “, the Broken Hill Water and Sewerage Act 1938”.

National Parks and Wildlife Act 1974 No 80

Omit “the Broken Hill Water Board” from section 74 (4).

Insert instead “a water supply authority within the meaning of the Water Supply Authorities Act 1987”.

Pipelines Act 1967 No 90

Omit “the Broken Hill Water Board,” from the definition of statutory body representing the Crown in section 3 (1).

Public Authorities (Financial Arrangements) Regulation 2000[1]Schedule 1 Authorities having Part 2 investment powers

Omit “Australian Inland Energy”.

Insert instead “Australian Inland Energy Water Infrastructure”.

[2]Schedule 1

Omit “Broken Hill Water Board”.

Public Authorities Superannuation Act 1985 No 41

Omit “The Broken Hill Water Board.” from Part 1.

Public Finance and Audit Act 1983 No 152

Omit “Broken Hill Water Board”.

Public Sector Management Act 1988 No 33[1]Schedule 3 Declared authorities

Omit “Broken Hill Water Board”.

[2]Schedule 3A Chief executive positions

Omit “President of the Broken Hill Water Board” from Part 3.

[3]Schedule 3A

Omit “(other than the President of the Broken Hill Water Board)” from Part 3.

State Authorities Non-contributory Superannuation Act 1987 No 212[1]Schedule 1 Employers

Omit “Australian Inland Energy” from Part 1.

Insert instead “Australian Inland Energy Water Infrastructure”.

[2]Schedule 1, Part 1

Omit “The Broken Hill Water Board”.

State Authorities Superannuation Act 1987 No 211[1]Schedule 1 Employers

Omit “Australian Inland Energy” from Part 1.

Insert instead “Australian Inland Energy Water Infrastructure”.

[2]Schedule 1, Part 1

Omit “The Broken Hill Water Board”.

State Owned Corporations Act 1989 No 134

Omit “Australian Inland Energy”.

Insert instead “Australian Inland Energy Water Infrastructure”.

Strata Schemes (Freehold Development) Act 1973 No 68[1]Section 89 Definitions

Omit paragraphs (d) and (e) from the definition of appropriate valuing Act.

[2]Section 89, definition of “valuing authority”

Omit “the Hunter Water Corporation referred to in the Hunter Water Board (Corporatisation) Act 1991 or the Broken Hill Water Board” from paragraph (c).

Strata Schemes (Leasehold Development) Act 1986 No 219[1]Section 121 Definitions

Omit paragraphs (c) and (d) from the definition of appropriate valuing Act.

[2]Section 121, definition of “valuing authority”

Omit “the Hunter Water Corporation referred to in the Hunter Water Board (Corporatisation) Act 1991 or the Broken Hill Water Board,” from paragraph (a).

Superannuation Act 1916 No 28[1]Schedule 3 List of employers

Omit “Australian Inland Energy” from Part 1.

Insert instead “Australian Inland Energy Water Infrastructure”.

[2]Schedule 3, Part 1

Omit “The Broken Hill Water Board”.

[3]Schedule 26

Omit “The Broken Hill Water Board” from Part 1.

Valuation of Land Act 1916 No 2

Omit “The Broken Hill Water Board.” from section 47 (1).