Water Administration Act 1986 (NSW)

WATER ADMINISTRATION ACT 1986 No. 195

NEW SOUTH WALES

TABLE OF PROV [SIGNS

1. Shon liilc

2. Commoiiccmcnl

3. InU’rprciaiion

4. Objects

5. Act binds the Crown

6. Establishment of the Depanment

7. Constitution of the Ministerial Corporation

8. Judicial notice

9. Director and staff

10. Employees of the Ministerial Corporation

11. Functions of the Ministerial Corporation

12. Control of use and flow of water

13. Qualification of rights of the Ministerial Corporation

14. Delegation ofccnain functions

15. Powers of entry

16. Co-operation by other authorities

17. Special cornmittees

18. Acquisition of land and carrying out of works

19. Exclusion of liability

20. Recovery of charges, etc., by the Ministerial Corporation

21. Annual report

22. Proceedings for offences

23. Repeals

24. Savings and transitional prov isions

25. Regulations

SCHEDUl.E I—ACTS UNDER WHKH MINISTERIAL C.'ORPORATION MAY

EXERCISE FUNCTIONS

Act No. 195

SCHEDULE 2—ABSOLUTE RIGHTS

SCHEDULE 3—REPEALS

SCHEDULE 4—SAVINGS AND TRANSITIONAL PROVISIONS

WATER ADM lN lSlR VnON AC I 1986 No. 195

NEW SOUTH WALES

Act No. 195, 1986

An Act to establish the Department of Water Resources; to constitute the Water Administration Ministerial C'orporation and define its functions; and

for other purposes. [Assented to 1

8 December 1986]

See also: WtHer (A rnendm cnl) 1986; W'crtt'A.onh IrrigiUiori (AmcitdfiH'fil) A d 1986; May I r n ^ l i o n (Am etidmcnl} .Act 1986; J m ^ i io n f Amertdmctic) Act !98b; Broken Hill W ater and Sc-«crafie [A men dm cm) Act 1986: Drainage ( AiMemimcOl) .-^et 1986, Rivers and Forc^Ktires Improvciitcnl < AiTv^ndincni) Act 1986. C'ohat W ater tATrierw,ltncnU Act 1986, ’rt'atcr Adm imsiraiion (Transfer

o f F un rito o s) Act

1986; M iscellaneous Acis j W 'jicr Adm inisiraiicm ] Anicodm cni A ti

1986,

2 Act No. 195

\Wtii’) . \diJtiuisiration 1986

BF. it enacted by ttic Queen's Most Excellent Majesty, by and wiili line ad\'ice and consent of the Legislative Council and Legislative Assembly of New St)uth Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the “Water Administration Act I9K6".

Com me lice men t

(1) Sections I. 2, 3 and 24, and Schedule 4, shall commence on the date of assent to this Act.

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

such day as may be appointed by the Governor and notified by proclamation

published in the Ciazette.

Interpretation

3. ( I ) In this Act. except in so far as the context or subject-matter

otherwise indicates or requires—

"Deptirtment" means Department of Water Resources;

“ Director" means the Director, Department of Water Resources;

“ lake” includes a lagoon, swamp or any other permanent or temporary

collection of still water that is not impounded by works;

“Ministerial Corporation" means the Water Administration Ministerial

Corpora I uMi constituted b\ section 7;

“othcer"

m e an s-

fa) the Director or any other person appointed or employed under

section 9; or

(b)	a member of the staff of a government department, administrative olfice or local authority whose services arc used under section 9;

“ regulation" means a regulation made under this .Act;

"river" includes—

(a)	a stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream;

H'aicr A( /̂>unis//ar/()n 1986

(b)	an afflucm, conflucnl, branch or other stream of water into or from which a stream referred to in paragraph (a) flows; and

but docs not include anything prescribed as not being a river;

“sub-surface water” means water under the surface of the ground whatever may be the geological structure in which it is standing or moving;

“this Act” includes regulations;

“works” means works connected with or affecting water in respect of

which the Ministerial Corporation has a function,

(2) In this Act—

(a)	a reference to a function includes a reference to a right, power, authority and duty; and
(b)	a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Objects

4. The objects of this Act arc—

(a)	to ensure that the water and related resources of the State are allocated and used in ways which are consistent with environmental requirements and provide the maximum long-term benefit for the Stale and for Australia; and
(b)	to provide water and related resources to meet the needs of water users in a commercial manner consistent with the overall water management policies of the Government.

Act binds the Crown

This Act binds the Crown, not only in right of the State but also, so

far as the legislative pow'cr of Parliament permits, the Crown in all its other

capacities.

Establishment of the Department

(I) There is established by this .Act a Department of the Government with the name “Department of Water Resources” .

4 Act No. 195

l\ 'a!cr Admiiiisfranaii !9iS6

(2) The Dcparlmcnt shall be deemed to have been established under section 49 of the Constitution Act 1902 and noiliing in this section affects the power conferred by that section to abolish, or change the name of, the Department.

(3) 1 he Department and the Ministerial Corporation shall, to the ma.ximiim extent possible, so act in a complementary manner as to achieve a unified administration of the .Acts conferring or imposing a function on the Ministerial Corporation,

Constitution of the Ministerial Corporation

(1) There is constituted by this Act a corporation with the corporate name "Water Administration Ministerial Corporation” .

(2) 1 he Ministerial Corporation—

(a) htis perpetual succession;

tb) shall have a corporate seal;

(c)	ma\ take proceedings, and be proceeded against, in its corporate name;
(d)	may do and suffer all other things that a corporation may, by law, do and suffer and that arc necessary- for or incidental to. the purposes for which it is constituted; and
(e)	is. for the purposes of any Act, a statutory body representing the C'rown,

(3) The regulations may make provision for or with respect to the custody and use of the seal of the Ministerial Corporation.

.Judicial notice

0 ) .All courts and persons acting judicially shall take judicial notice of the signature of the Minister made on any instrument or document in the exercise of a function of the Ministerial Corporation, w-hether or not the instrument or document is sealed or purports to have been signed by the Minister on behalf of the Ministerial Corporation.

(2) All courts and persons acting judicially—

(a)	shall take judicial notice of the seal of the Ministerial Corporation that has been affixed to any instrument or document; and

ll'a/n' Ad/i?tfiis!riWo/i 1986

(b)	shall, unless the contrary is proved, presume that the seal was properly affixed.

Director and staff

(1) A Director, Department of Water Resources, and such other staff

as may be necessary to enable the Ministerial Corporation to exercise its

functions shall be employed under the Public Service Act 1979.

(2) The Director may—

(a) with the approval of the Minister; and

(b)	on such terms and conditions as may be approved by the Public Service Board,

arrange for the use of the services of any staff or facilities of a government

department, administrative office or public authority,

(3) The Director may, with the approval of the Minister and of a public or local authority constituted by or under an Act, arrange for the use of the services of any staff or facilities of the public or local authority.

(4) The Ministerial Corporation may engage persons having suitable qualifications and experience as consultants to the Ministerial Corporation, or the Department, or both.

Employees of the Ministerial Corporation

10. (1) The Ministerial Corporation may employ persons for the purpose of exercising its functions,

(2) Unless the conditions of employment provide otherwise, an employee of the Ministerial Corporation continues in the service of the Ministerial Corporation only at the will of the Ministerial Corporation.

(3) If the wages of an employee are not fixed by law, they may be fixed by the Ministerial Corporation.

(4)	Regulations may be made for or with respect to the conditions of

employment of persons under this section but those conditions have effect only to the extent that they are not fixed by an award or industrial agreement by which the Ministerial Corporation is bound.

Act No. 195

l^'a/cr At^m/n/slmiion I9S6

Function!} of the Ministerial Corporation

11. (1) The Ministerial Corporation has, and may exercise—

(a) the functions specified in subsection (4); and

(b)	any other functions conferred or imposed on it by or under this or any other Act,

(2) A function conferred or imposed on a public authority by or under an Act that is administered by the Minister and is specified in Schedule 1 may be exercised by the Ministerial Corporation instead of by the public authority.

(3) The Governor may, by order published in the Gazette, amend Schedule 1.

(4) Without affecting the generality of section 7 (Constitution of the Ministerial Corporation) the Ministerial Corporation may—

(a) construct or maintain works or buildings;

(b) enter into contracts;

(d)	purchase, exchange, take on hire or lease, hold, dispose of, manage, use or otherwise deal with real or personal property;

(e) undertake and support research;

(0 collect, record and assess information relating to water resources and publish any of it;

(g) evaluate present and future requirements for water in the Stale;

(h) plan and carry out the development of water resources;

(i) co-ordinate the activities of persons having functions with respect to water resources;

G)	integrate the management of water resources with the management of other natural resources;
(k)	review, and monitor the efficiency of, proposals and projects relating to the development or use of water resources;
(l)	co-ordinate the implementation of water policies with authorities of the Commonwealth and other Slates;

(m)	with the approval of the Governor, enter into joint ventures;

H ater Admtiilsirution I9SC)

(n)	provide assistance to mitigate the efTccis of flood, drought, bush fire or other emergency including assistance with funds, personnel or equipment, or by the operation of works:
(o)	develop and manage water catchment areas as sources of water supplies and co-ordinate—

(i) development schemes for water catchment areas; and

(ii) the management of water catchment areas; and

(p)	carry out surveys, investigations, boring, drilling and excavations, whether or not for the purpose of assisting in the exercise of any other function.

(5) A function of the Ministerial Corporation may be exercised—

(a)	by the Minister, whether or not in the name, or under the seal, of the Ministerial Corporation;
(b)	in accoi'dance with a delegation by the Ministerial Corporation, or the Director, under section 14;
(e)	by the Director, on behalf of the Minister, in accordance with directions given from time to time by the Minister; or

(d) b\' an officer with the authority of, and on behalf of, the Director,

(6) The Ministerial C orporation may exercise any of its functions, and may otherwise act. in the name of the Department.

(7) The Ministerial Corporation may arrange with a Minister of the Crown administering an Act, or with an authority constituted by or under an Act, for the exercise by that Minister or the authority, or a delegate of that Minister or the authority, as agent of the Ministerial Corporation of any function conferred or imposed on the Ministerial Corporation,

(8) The Ministerial Corporation may, itself or by its delegate, act as agent of a Minister of the Crown administering an .Act, or as agent of an authority constituted by or under an .Act, in the exercise of a function of that Minister or the authority.

(9) .A document cxccuted^—

(a) by an agent of the Ministerial Corporation; or

(b) by the Ministerial Corporation or its delegate as agent.

8 Act No. 195

H ater Administration 1986

has effect as if it had been executed by the principal.

Control of use and flow of water

12,	(1) The right to the use and flow, and to the control, of—

(a) the water in rivers and lakes;

fb) the water conserved by any works;

(d) sub-surface water,

is vested in the Ministerial Corporation except to the extent that is otherwise provided by this Act or to the extent that the right is divested by the exercise of a function of the Ministerial Corporation.

(2) The right conferred by subsection (1) prevails over any authority conferred by or under another Act, including a later Act than this Act.

(3) In the exercise of the right conferred by subsection (1) or of any other function, the Ministerial Corporation may take such measures as the Ministerial Corporation thinks fit for—

(a) the conservation, replenishment and supply of water;

fb) the equitable distribution of water;

(d)	the protection of water from pollution and the improvement of its quality;

fe) preventing any unauthorised interference with the flow or availability

of water;

(0 preventing any unauthorised obstruction of a river or any change of

its course;

(g) preventing the unauthorised erection or use of works;

fh) flood control and mitigation; or

(i) environmental protection,

(4) The Ministerial Corporation may, for any reason, release water impounded by any works under its control.

H'aU’r Ac/minislration 1986

Qualification of rights of the Ministerial Corporation

13. (I) The right conferred by section 12 may not be exercised in contravention of a right specified in Schedule 2.

(2)	The Ciovernor may, by order published in the Gazette, amend

Schedule 2.

Delegation of certain functions

14. {!) The Ministerial Corporation may delegate to a person the exercise of any of its functions other than this power of delegation,

(2) The Director may delegate to a person the exercise of any of the functions delegated to the Director by the Ministerial Corporation, unless the Ministerial Corporation otherwise provides in its instrument of delegation to the Director.

(3) A delegation under this section—

(a) shall be in writing;

(b) may be general or limited; and

(c)	may be revoked, wholly or partly, by the Ministerial Corporation or the Director, as the case requires.

(4) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as arc specified in the instrument of delegation,

(5) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the Ministerial Corporation,

(6) ,A delegation under this section does not prevent the exercise of a function by the Ministerial Corporation or the Director,

(7)	A function purporting to have been exercised by a delegate under this

section shall, unless the contrary is proved, be deemed to have been duly

exercised by a delegate under this section.

10 Act No. 195

M ater Adinituslratioii 19H6

Powers of entry

(I) T'lic Ministerial Corporation may, by its employees or age ms, or by ollieers. enter land (not being a dwelling bouse) for tbe purpose of exercising its functions or for any incidental purpose and may do so despite a lack of an easement or other right authorising entry on the land,

15.

(2) Without all'eeting the generality of subsection (1). a person who enters land in accordance with that subsection may—

(a)	make such inspections, surveys, tests, investigations and experiments, and carry out such operations by way of boring, drilling or exploration, as are necessary to enable the Ministerial Corporation to exercise its functions;
(b)	construct, maintain, operate or alter any works or structures that the Ministerial ('orporation is authorised by this or any otlier .\et to const met oi' operate; oi'
(c)	implement any proposals or plans formulated in the exercise of the functions of the Ministerial C'orporation.

(3) The Mmistenal C'orporation must ensure that as little damage as possible is caused by the exercise of powers under this section and must pay compensation for any such damage,

(4) Tlie power eonferred by this section is in addition to any other power of entry.

(5) .A person shall not—

(a)	wilfully delay or obstruct a person exercising powers under tliis section; or

(b) threaten or abuse a person exercising powers under this section.

Penalty—subsection (5): $1,000.

Co-operation by other authorities

(1) Subject to any direction given by the Premier, where a function is conferred or imposed on a person by or under an Act, the person shall co-opcralc with the Ministerial Corporation by exercising the function in a manner that, in the opinion of the Ministerial Corporation, promotes the objects of this Act and the purposes for which the Ministerial Corporation is constituted.

16.

Water Admirmlratum 1986

(2) The Minister may establish a standing committee to advise the Minister and the Premier on matters arising under subsection (1),

(3) A standing committee established under this section—

(a) shall consist of such persons; and

(b) shall follow such procedures,

as arc from time to time directed by the Minister with the concurrence of

the Premier.

Special committees

(1) The Minister may, by an order published in the Gazette in each case, establish committees for the purpose of—

17.

(a)	assisting or advising the Ministerial Corporation in the exercise of its functions; or

(b) exercising delegated functions of the Ministerial Corporation,

or for both purposes.

(2) A member of a committee established under this section is entitled to be paid such remuneration (including travelling and subsistence allowances) for attending meetings of the committee as the Minister may from time to time determine in relation to the member.

(3) A committee may, by arrangement with the Ministerial Corporation, make use of employees of the Ministerial Corporation in exercising its functions.

Acquisition of land and carrying out of works

18. (1) On the recommendation of the Minister, the Governor may, under the Public Works .Act 1912, resume or appropriate land for the purpose of enabling tbe Ministerial Corporation to exercise its functions.

(2) For the purposes of the Public Works .Act 1912—

(a)	a work proposed to be carried out by the Ministerial Corporation shall be deemed to be an authorised work for which the Ministerial Corporation is the Constructing Authority;
(b)	sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in relation to a work proposed to be carried out by the Ministerial Corporation; and

12 Act No. 195

IVatcf Ailministratloti I9>S6

(c)	scclion 38 of the Public Works Act 1912 applies to contracts related to a work proposed to be carried out by the Ministerial C'orporation in the same wa\ as it applies to other contracts.

Isvdiision of liability

(1) Except to the extent that an Act conferring or imposing functions on the Ministerial C'orporation otherwise provides, an action does not lie against the Ministerial C'orporation with respect to loss or damage suffered as a consequence of the exercise of a function of the Ministerial Corporation, including the exercise of a power—

19.

(a) to use works to impound or control water; or

(b) to release water from any such works.

(2) Subsection (1) docs not limit any other exclusion of liability to which the Ministerial C'orporation is entitled.

Recovery of charges, etc,, by the Ministerial Corporation

A charge, fee or money due to the Ministerial C’orporation may be

recovered in a conrt of competent jurisdiction as a debt due to the

Ministerial Corporation.

20.

Annual report

21. .A report under the Annual Reports (Departments) Act 1985 in respect of the Department may include any report required to be made annually in respect of the Ministerial Corporation under the Annual Reports (Statutory Bodies) Act 1984.

Proceedings for offences

22. I’roceedings for an offence against this .Act shall be dealt with summarily before a Local C’ourt constituted by a Magistrate sitting alone.

Repeals

23. Each Act specified in Schedule 3 is, to the extent indicated therein,

repealed.

Savings and transitional provisions

24. Schedule 4 has effect.

H 'a/er Administration 1986

Regulations

25. (I) The Governor may make regulations, not inconsistent with this

Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) A regulation may create an offence punishable by a penalty not

exceeding $4,000,

(3) A provision of a regulation 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 any specified person or body,

or may do any combination of those things.

SCHEDULE 1

(Sec.

i l)

ACTS UNDER WHICH MINISTERIAL CORPORATION MAY EXERCISE

FUNCTIONS

Broken Hill Water and Sewerage Act 1938

Ccibai Waier Supply Act I 963

Drainage Act 1939

Glennies Creek Dam .Act 1979

Hunter District Water, Sewerage and Drainage .Act 1938

Hunter Valley Conservation Trust Act 1950

Hunter Valley Flood Mitigation Act 1936

Metropolitan Water, Sewerage, and Drainage Act 1924

Private Irrigation Districts Act 1973

Rivers and Foreshores Improvement Act 1948

14 Act No. 195

\i alcr Adniinistration 1986

SCHEDULE 2

(Set. 13)

AHSOLUTE RIGHl'S

.A right exercisable by The Metropolitan Water Sewerage and Drainage Board, or

by any other person under the authority of the Metropolitan Water, Sewerage, and

Drainage .Act 1924

2. .A right exereisable by The Hunter District Water Board, or by any other person,

under the authority of the Hunter District Water, Sewerage and Drainage Act 1938 or

the Glennies Creek Dam .Act 1979.

A right exercisable by The Broken Hill Water Board, or by any other person, under the authority of the Broken Hill Water and Sewerage Act 1938.

,3.

4. A right exercisable by any person under the Fire Brigades Act 1909.

5. A right exercisable at the commencement of the Water (Amendnient) .Act 19,30

by—

(a) the council of a city, municipality or shire;

(b) a county council;

(c)	a board or joint committee in respect of w-orks of water supply affect mg more than one council jointly that are referred to in paragraphs (a) and (b); or

(d) any other person under the authority of an Act,

in so far as the right relates to the use and maintenance of works in existence or in the course of construction at that commencement or to the taking and use of water conserved or obtained by those works.

6. A right exercisable under section 7 of the Water Act 1912.

A right exercisable under the Hunter Valley Flood Mitigation .Act 1956, the Rivers

and Foreshores Improvement .Act 1948 or the Coastal Protection Act 1979 by the

Minister for Public Works.

8. A right exercisable under the Snowy Mountains Hydro-Electric Agreements Act

1958 or the filonnies Creek Dam Act 1979 by the Electricity Commission of New South

Wales.

U 'alcr . k/i?iinislraliott /W6

srnti^llLE 3

(Sc'f. 23)

REPEALS

WaU'v Rcsourts ( oninii'.sion Act I97(i No. 34—the whole Aci

Notice of Action niKl Oilter Privileges Aholiiton Act 1477 No. 19—so much orSeliediilc I its amends Act No. 34, 1976

Irrigalion ( Ameiulnienl) .Act 1979 No. 160—st) much ut'Schedule I as amends .Act No.

34. 1976

Ciovernment and Related Employees Appeal Tribunal Act 1980 No. 39—so much ot

Schedule 4 as relates to the Water Resources romtnission

Miscellaneous Acts (Retirement of Statutory Oirtcers) Amendment Act I 980 No. 187—

so much of Schedule I as amends Act No. 34, 1976

River Murras Waters Act 1983 No. 86—so much of Schedule 3 as relates to Act No.

34, 1976 '

Miscellaneous .Acts (Public Kinanee and Audit) Repeal and .Amendment .Act 1983 No. 1,33—so much of Schedule I as relates to Act No, 34, 1976

Statute Law (Miscellaneous Amendmenls) Acl 1984 No. 153—so much of Schedule 16

as amends Acl No. 34. I 976

Larnt Waier Storages and Uores Subsidies ( Amendment and Repeal) Act 1984 No. 154—

so nuieh of Schedule I as relates to Act No. 34, 1976

SC HEDULE 4

(Sec. 24)

SAVINGS AND TRANSl 1 tONAl. PROVISIONS

interpretation

I. Ill (his Schedule—

' appointed day " means the day appointed and notified under section 2 (2);

‘'Commission” means the Water Resources C ommission constiluted under the Water

Resources C onimission Act 1976;

''superaimuaiion scheme” nieans a scheme, fiiiul or arrangement under which any superannuation or retirement benefits arc provided and which is established by or under an Act;

"transferee" means a person transferred under this Schedule to a position in the Public

Service or to employment with the Ministerial C'orporation.

16 Act No. 195

\\ 'a(cr Adiuinistiution 1986

SC HEDULE ^—contuuH-d

SAVlNCiS AND TRANSITIONAL PROVISIONS—

Abolition of certain offices

2. ( I ) A person who. immediately before the appointed day, holds office under the

Water Resources Commission Act 1976 as ChiefCommissioner, or as a full-time or part time commissioner, ceases to hold the office on that day,

(2) rite repeals effected by this Act do not deprive clause 5 of Schedule I to the Water Resources Commission Act 1976 of effect in relation to a person who ceases to hold office because of subclausc (1) of this clause,

(3) A person who, because of subclause (1), ceases to hold an office is not entitled to any ronuineration or compensation because of the loss of the office.

I ransfer of officers and employees of the Commission

3. ( I i A person who. immediately before the appointed day. is employed under section 9 of the Water Resources Commission Act 1976 and is in receipt of an annual salary shall be deemed to have been appointed on that day under section 61 of the i'ublie Scr\ iee Act 1979 to a position in the Public Service.

(2) A person who, immediately before the appointed day. is employed under section 9 of the Water Resources Commission Act 1976 and is not in receipt of an annual salary shall be deemed on that day to be employed by the Ministerial Corporation under section 10 of this Act.

(.3) The Public Sen ice Board may, with the concurrence of the Ministerial Corporation and the Minister administering the i’ublic Works .Act 1912, transfer a person referred to in siibciausc (2) from employment with the Ministerial Corporation to employment with the Public Works Department as—

(a) an employee of the Minister administering the Public Works .Act 1912:

(b) a temporary emplosce under section 80 of the Public Service .Act 1979: or

Remuneratiun and conditions of employment of transferee

(D .A transferee is entitled on and after the appointed day to remuneration at a rate not kwer than the rate of remuneration payable by the Commission that was last applicable to the transferee immediately before that day subject, in the case of such of the remuneration as is salary or wages, to any adjustment necessary to give efficel to any II uci nation in the applicable basic wage in force under Part V of the Industrial .Arbitration •Act 1940 until the salary is, or the wages arc, lawfully varied.

(2) .A condition of employment applicable immediately before the appointed day to a transferee continues to be applicable to the transferee on and after that day until it is lawfully altered or revoked unless, in the case of a transferee to a position in the Public Service, it cannot have effect under the Public Service Act 1979.

li'atcr .Aciniiiiisliafiou I9S6

SCHED[.ll.F A—a>niiniirtl

SAVINGS AND TRANSI I IONAL PROVISIONS—

Suporannualinn

On ;i i k I aliL'i' the appoinicd day. a transferoL' who. immediately before that day. is a eontrihutor to a superannuation scheme-—

(a) retains ;iny rights accrued or accruing to the (rnnsfercc as such a contributor: and

(b)	may continue to contribute to the superannuation scheme subject to the provisions of the Act by or under which it is established.

Leave

( I} For the pui poses of sick leave, long service leave or leave in the nature of

long service leas e, service of a transferee with the Gommission shall, on and after the

appointed day. be deemed to be service with the (iovcinmcnt.

(2) For the purpose of calculating the entitlement of a transferee to long service lca\ e or leave in the nature of long service leave at any time, there shall be deducted from the amount of long service leave or leave in the nature of long sers ice leave to which, but for this subclause, the transferee would be entitled—

(a) any long service leave or leave in the nature of tong service leave; and

(b)	the ec\|uivalent. in long service leave or leave in the iiatnre of long service leave, of any benefit instead of long service leave or leave in the nature of long service leave.

taken or recoised by the transferee before that time.

(.1) -K transferee shall retain any right to annual leave accrued to the transferee in respect of Ins or her service with the C ommission.

(4)	In this clause, a reference to service of a transferee with the Commission includes

a reference to sersiee with The Water Conservation and Irrigation C'omniission.

Applicaiions fur employment with Department

An employee of (he Ministerial Coiporalion is entitled to apply for and, if snitably qualified, may be appointed to till, a vacancy in a position in (be Department.

■Appeals—saving

8. Where an appeal by a transferee to the Gosernment and Related Employees -Appeal Tribunal is pending, or may be made, immediately before the appointed day, die appeal m;iy be continued or made, and be heard and determined, as nearly as practicable as if this Act had not been enacted.

Effect of certain other .Acts

( i ) -A transferee is not entitled to elaint, both under this Act and any other .Act. bench IS m respect of the same period of ser ̂ice.

(2) Fxcepi as provided by ibis .Schedule, nothing in this Schedule alfecis the operation of the Industrial .Arbitration .Act 1940.

18 Act No. 195

W'un-r \(innnistiTilion !9H6

SCHEDULE 4—

SAVINGS AND TKANSITIONAL PROVISIONS—

Ointinuation of corporation

10. T)k' Mi III St dial (orporation is a continual ion of, and the same legal enlity as.

the corporation ihat was constiiuted by section 4 of the Water Resources Commission

Act l‘J76.

References to Water Resources Commission

E.sccpi in so far as the context or subject-matter oihcrw'ise indicates or retiuires and subject to any prescribed exceptions, on and from the appointed day a re fore nee in another .Act (however expressed and whether it is an Act assented to before, or on or after, the appointed day) or in a regulation, by-law, rule or other statutory inslrunicnt or in any other document (whether of the same or a different kind)—

I 1.

(a)	to The Water Conservation and Irrigation Commission or the Water Resources Commission—shall be construed as a reference to the Water Administration Ministerial Corporation; or
(b)	to "the Commission”, where it is a reference to The Water C'onservalion and Irrigation Commission or the Water Resources Commission—shall be construed as a reference to the Ministerial Corporation,

Transfer to the Ministerial Corporation of functions of a Minister

12. If—

(a)	anything done before the appointed day by a Minister of the Crown in the c.sercisc of a function conferred or imposed by an Act still had elTeet immediately before tbal day: and

(b) the funetion becomes, on that day, a function of the Ministerial Corporation.

the exercise of the function continues to have cITect on and after that day as if it had

always been an exercise of a function of the Ministerial Corporation.

Repeals dn not affect certain amendments

I ,T	t he amendmenls made before the appointed day—
(a)	by Seliedules 5 and 6 to the Water Resources Commission Acl 1976 and seetiotis 18 and 19 of that Act in their application to those Schedules; and

(b) to that Act by the Statute Law (Miscellaneous Amendments) Act 1984,

continue to have elfeet on and after that day as if this Act had not been enacted.

Regulations

(1) The regulations may contain other provisions of a savings or transitional nature conscc]tient on the enactment of this .Act.

14.

(2) A provision referred to in subclause (1) may, if the regulations so provide, take efleei as from the appointed day or a later day.

fVater A(^//?i//u's/m!io/i 1986

SCHEDULE 4— cannHUcd

SAVINGS AND TRANSITIONAL PROVISIONS—

(3) To the cMcni to which a provision refcrrctl to in subclausc (1) lakes effect from a date dial is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)	to afTcci, in a manner prejudicial to any person (other than the State or an authority of the Slate), the rights of that person existing before the date of its publication therein; 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 lo be done before the date of its publication therein.

(4) A provision referred to in subclausc (1) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule, clause 2 excepted.