Irrigation (Amendment) Act 1986 (NSW)

IRRIGATION (AMENDMENT) ACT 1986 No. 199

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3.     Amendment of Act No. 73, 1912

4. Saving

SCHEDULE 1—AMENDMENTS TO THE IRRIGATION ACT 1912

IRRIGATION (AMENDMENT) ACT 1986 No. 199

NEW SOUTH WALES

Act No. 199, 1986

An Act to amend the Irrigation Act 1912 as a consequence of the enactment	of the Water Administration Act 1986; to make further provision under the
Irrigation Act 1912 with respect to rates and charges; and for other purposes. [Assented to 18 December 1986]

Irrigation (Amendment) 19S6

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1.     This Act may be cited as the "Irrigation (Amendment) Act 1986".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on the

commencement of the Water Administration Act 1986.

Amendment of Act No. 73, 1912

3. The Irrigation Act 1912 is amended in the manner set forth in

Schedule 1.

Saving

4. If anything that, before the commencement of this Act, was done under the Irrigation Act 1912 by the Minister administering that Act or a predecessor of the Water Administration Ministerial Corporation—

(a) still had effect immediately before that commencement; and
(b)	could have been done by the Water Administration Ministerial Corporation if this Act and the Water Administration Act 1986 had been in force when it was done,

it has effect on and after that commencement as if it had been done by the
Water Administration Ministerial Corporation.

•* Act No. 199

Irrigation (Amendment) 1986

SCHEDULE 1

(Sec. 3)

AMENDMENTS TO THE IRRIGATION ACT 1912

(1) Section 3 (Interpretation)—

(a)	Definition of "Commission"— Omit the definition.
(b)	Definition of "Ministerial Corporation"— After the definition of "Irrigation area", insert:

"Ministerial Corporation" means the Water Administration Ministerial Corporation constituted by the Water Administration Act 1986.

(2) Section 5c; (Power to acquire land)—

(a)	Section 5c; (1)— Omit "Minister", insert instead "Ministerial Corporation".
(b)	Section 5c, (5) (j)— Omit "or the Commission".

(3) Section 6 (Constitution of irrigation areas)—

(a)	Section 6 (I)—-
Omit "Minister" where firstly occurring, insert instead "Ministerial Corporation".

(b) Section 6(1)—

Omit "Commission for such terms and upon such conditions as the Minister may approve", insert instead "Ministerial Corporation for such terms and upon such conditions as it thinks fit".

(c)	Section 6 (4)—
Omit "in the Minister pursuant to section 5c;", insert instead "under section 5G as from time to time in force".

Irrigation (Amendment) 1986

SCHEDULE {—continued

AMENDMENTS TO THE IRRIGATION ACT 1912—continued

(4) Section 7 (Setting land apart as irrigation farms)—

Section / (1)—

Omit "Minister" wherever occurring, insert instead "Ministerial

Corporation".

(5) Section 7A (Number and price of water rights where farm subdivided,

etc.)—

(a)	Section 7A (1)—
Before "additional" where firstly occurring, insert "the Ministerial Corporation provides".
(b)	Section 7A (1)—

Omit "are provided by the Commission, the Minister", insert instead ", the Ministerial Corporation".

(c) Section 7A (l)(d)— Omit "Minister", insert instead "Ministerial Corporation".

(6) Section 7c (Alteration of number of water rights)—

(a)	Section 7c (1)— Omit "Minister", insert instead "Ministerial Corporation".
(b)	Section 7c (2)— Omit "Minister" where firstly occurring, insert instead
"Ministerial Corporation".
(c)	Section 7c (2)—
Omit "Minister may, if in his opinion", insert instead "Ministerial Corporation may, if it is of the opinion that".
(d)	Section 7c (2)— Omit "by the Minister".
(e)	Section 7c (2)— Omit "of the Minister".

5   Act No. 199

Irrigation (Amendment) 1986

SCHEDULE 1— continued

AMENDMENTS TO THE IRRIGATION ACT 1912—continued

(7) Section 8BA (Sinking of bores or wells, etc., on payment therefor being

made in advance)—

Section 8BA (4)—

Omit "shall issue a certificate certifying", insert instead

"Ministerial Corporation shall certify".

(8) Section 1 li: (Reappraisement of purchase money and rentals)—

Section H E (3) (a), (c)—

Omit "Commission" wherever occurring, insert instead

"Department of Water Resources".

(9) Section 1 lo (Reserves for public purposes)—

(a)	Section lie (1), (3)—
Omit "Minister" wherever occurring, insert instead "Ministerial Corporation".
(b)	Section lie (2)—

Omit "Minister for the time being administering this Act", insert instead "Ministerial Corporation".

(10) Section 12 (Water rights)—

(a)	Section 12 (1A)— After section 12 (1), insert:
(1A) While any part of water rates and charges relating to any the Ministerial Corporation may, without affecting the liability to land, or any interest that has accrued on them, is due and unpaid,
pay the rates, charges or interest, discontinue until payment has been made the supply of water to the land.
(b)	Section 12 (2)—
After "unless", insert "(except where the supply has been discontinued under subsection (1A)) "•

(11) Section 13A (Supply of water during hours of daylight)—

Omit subsection (4).

Irrigation (Amendment) 1986

SCHEDULE I—continued

AMENDMENTS TO THE IRRIGATION ACT 1912—continued

(12) Section 15 (Rate or charge for water)—

(a) Section 15(1)—

After "charge" where secondly occurring, insert "(including the special charge imposed under section 13A)".

(b) Section 15 (2B)—
After section 15 (2A), insert:

(2B) Interest under subsection (2) on the amount due for a rate or charge accrues on a daily basis and is payable even if judgment for the amount has been given by a court, and any payment made in respect of such a rate or charge shall be applied first in payment of all accrued interest.

(c) Section 15 (3)—
Omit the subsection, insert instead:

(3) Any rate or charge, or interest on a rate or charge, that is due and unpaid is a charge on the land to which it relates and is recoverable as a debt due to the Ministerial Corporation by the occupier of the land for the time being.

(13) Section 18 (Collection of rents, etc.)—

Section 18 (3)—

Omit "Resources Commission", insert instead "Administration".

(14) Section 2 0 A (Sale of lands not required)—

(a) Omit "Minister" where firstly and lastly occurring, insert instead "Ministerial Corporation".

(b) Omit "him", insert instead "the Ministerial Corporation".

(c) Omit "or in the Commission".

(15) Section 22 (Vesting of railways or tramways in the State Rail

Authority)—

Omit "Minister", insert instead "Ministerial Corporation".

7   Act No. 199

Irrigation (Amendment) 1986

SCHEDULE 1— continued

AMENDMENTS TO THE IRRIGATION ACT 1912—continued

( 1 6 ) Section 26 (General regulations)—

Omit "Commission may, with the approval of the Governor,", insert instead "Governor may".

( 1 7 ) Section 28 (Regulations)—

Section 28 (1A)—

After section 28 (1), insert:

(1A) A provision of a regulation made under this Act may—

(a)	apply generally or be limited in its application by reference to specified exceptions or factors;
(b)	apply differently according to different factors of a specified kind; or
(c)	authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,

or may do any combination of those things.