Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 (WA)

WESTERN AUSTRALIA

WATER AGENCIES RESTRUCTURE

(TRANSITIONAL AND

CONSEQUENTIAL PROVISIONS)

ACT 1995

(No. 73 of 1995)

ARRANGEMENT

Page

PART 1 — PRELIMINARY

1.	Short title	2
2.	Commencement	2

PART 2 — WATER AUTHORITY ACT 1984

3.	Principal Act	3
4.	Long title repealed and replaced	3
5.	Part I heading amended	3
6.	Part I Division 1 heading deleted	3
7.	Section 1 amended	4
8.	Section 3 amended	4
9.	Section 4 repealed	7
10.	Section 5 amended	7

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995

11.	Part I, Division 2 repealed	7
12.	Part II heading deleted	8
13.	Part II Division 1 heading deleted	8
14.	Section 7 repealed	8
15.	Section 8 amended	8
16.	Sections 9 and 10 repealed	9
17.	Part II, Divisions 2, 3, 4, 5, 6, 7, 8 and 9 repealed	9
18.	Part II, Division 10 heading deleted	9
19.	Section 33 repealed	9
20.	Section 34 amended	9
21.	Section 35 repealed	11
22.	Section 37 amended	11
23.	Section 38 amended	12
24.	Part III, Division 1 repealed	12
25.	Section 41 amended	12
26.	Part III, Divisions 2, 3, 4 and 5 repealed	12
27.	Section 61 repealed	12
28.	Section 65 amended	12
29.	Section 66 amended	13
30.	Part VI heading amended	13
31.	Section 71 amended	13
32.	Section 73 amended	13
33.	Part VII heading amended	13
34.	Section 75 amended	13
35.	Sections 76 and 80 repealed	14
36.	Section 81 amended	14
37.	Section 82 amended	14
38.	Section 83 amended	15
39.	Section 84 amended	16
40.	Section 103 amended	16
41.	Various references to ‘‘Authority’’
changed to ‘‘Corporation’’	17
42.	Various references to ‘‘Authority’’
changed to ‘‘Commission or the Corporation’’	18

PART 3 — COUNTRY AREAS WATER SUPPLY ACT 1947

43.	Principal Act	19
44.	Section 5 amended	19
45.	Section 7 amended	21
46.	Section 11 amended	21
47.	Section 12BA amended	23

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995

48.	Section 12E amended	23
49.	Section 12EB amended	23
50.	Part III repealed	25
51.	Section 38 amended	25
52.	Section 39 repealed	25
53.	Section 40 amended	25
54.	Section 45 amended	25
55.	Section 58 amended	26
56.	Section 71 amended	26
57.	Section 85 amended	26
58.	Section 86 amended	26
59.	Section 87 amended	27
60.	Section 115 repealed and a section substituted	28
61.	Section 121 amended	29
62.	Various references to ‘‘Authority’’
changed to ‘‘Commission’’	29
63.	Various references to ‘‘Authority’’
changed to ‘‘Corporation’’	29
64.	Various references to ‘‘Authority’’
changed to ‘‘Commission or the Corporation’’	30
65.	References to ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’	31

PART 4 — COUNTRY TOWNS SEWERAGE ACT 1948

66.	Principal Act	32
67.	Section 3 amended	32
68.	Section 5 repealed	33
69.	Section 93 amended	33
70.	Section 119 amended	33
71.	Various references to ‘‘Authority’’
changed to ‘‘Corporation’’	33
72.	Various references to ‘‘Authority’s’’
changed to ‘‘Corporation’s’’	34
73.	References to ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’	35

iii

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995

PART 5 — LAND DRAINAGE ACT 1925

74.	Principal Act	36
75.	Section 6 amended	36
76.	Section 7 repealed	37
77.	Section 9 amended	37
78.	Various references to ‘‘Authority’’
changed to ‘‘Corporation’’	38
79.	References to ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’	39

PART 6 — METROPOLITAN WATER AUTHORITY ACT 1982

80.	Principal Act	40
81.	Long title repealed and replaced	40
82.	Section 4 amended	40
83.	Section 5 amended	41
84.	Sections 8, 10 and 18 repealed	42
85.	Section 19 amended	42
86.	Section 28 repealed	42
87.	Section 98 amended	42
88.	Section 99 amended	44
89.	Section 100 amended	45
90.	Section 106 amended	45
91.	Section 107 amended	46
92.	Various references to ‘‘Authority’’
changed to ‘‘Corporation’’	46
93.	Various references to ‘‘Water Authority Act 1984’’
changed to ‘‘Water Agencies (Powers) Act 1984’’	46

PART 7 — METROPOLITAN WATER SUPPLY, SEWERAGE, AND

DRAINAGE ACT 1909

94.	Principal Act	48
95.	Section 5 amended	48
96.	Part III repealed	50
97.	Section 14 amended	50
98.	Section 16 amended	51
99.	Section 35 amended	52
100.	Section 39 amended	52

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995

101.	Section 46 repealed	52
102.	Section 52 amended	52
103.	Section 57EA amended	52
104.	Section 115 amended	53
105.	Section 146 amended	54
106.	Section 146A repealed	54
107.	Seventh, Eighth, Ninth, Tenth, Eleventh
and Twelfth Schedules amended	55
108.	Various references to ‘‘Authority’’
changed to ‘‘Commission’’	56
109.	Various references to ‘‘Authority’’
changed to ‘‘Corporation’’	56
110.	Various references to ‘‘Authority’’
changed to ‘‘Commission or the Corporation’’	57
111.	References to ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’	58

PART 8 — RIGHTS IN WATER AND IRRIGATION ACT 1914

112.	Principal Act	59
113.	Section 2 amended	59
114.	Part II repealed	61
115.	Section 12 amended	61
116.	Section 13 amended	61
117.	Section 26J amended	61
118.	Section 26K inserted	61
119.	Section 27 amended	62
120.	Part V repealed	63
121.	Section 35 amended	63
122.	Section 36 amended	63
123.	Section 37 amended	64
124.	Section 38 amended	64
125.	Section 39 amended	64
126.	Section 39A amended	64
127.	Section 39E and 42A amended	65
128.	Section 45 repealed	65
129.	Section 62 repealed	65
130.	Section 66 amended	65
131.	Section 69 amended	65
132.	Section 70 amended	65
133.	Section 71 amended	66

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995

134.	Section 73 amended	66
135.	Section 75 amended	66
136.	Section 79A amended	67
137.	Section 80 repealed	67
138.	Various references to ‘‘Authority’’
changed to ‘‘Commission’’	67
139.	Various references to ‘‘Authority’’
changed to ‘‘Corporation’’	68
140.	Various references to ‘‘Water Authority Act 1984’’
changed to ‘‘Water Agencies (Powers) Act 1984’’	68

PART 9 — WATER BOARDS ACT 1904

141.	Principal Act	70
142.	Section 3 amended	70
143.	Section 3A inserted	72
144.	Section 5 amended	72
145.	Section 36 amended	73
146.	Section 37 amended	73
147.	Section 38 repealed	74
148.	Section 40 amended	74
149.	Section 41 amended	74
150.	Section 43 repealed	74
151.	Section 44 amended	74
152.	Section 45 amended	75
153.	Section 46 amended	75
154.	Section 52 amended	76
155.	Section 65 repealed	76
156.	Section 110 amended	76
157.	Section 113 amended	76
158.	Section 141 amended	76
159.	Various references to ‘‘Authority’’
changed to ‘‘Corporation’’	76

PART 10 — WATER SUPPLY, SEWERAGE AND DRAINAGE

ACT 1912

160.	Principal Act	77
161.	Section 4 amended	77
162.	Various references to ‘‘Water Authority Act 1984’’
changed to ‘‘Water Agencies (Powers) Act 1984’’	77

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995

PART 11 — WESTERN AUSTRALIAN WATER RESOURCES

COUNCIL ACT 1982

163.

Act repealed

PART 12 — WATERWAYS CONSERVATION ACT 1976

164.	Principal Act	79
165.	Long title amended	79
166.	Section 3 amended	79
167.	Section 4 amended	80
168.	Section 10 amended	80
169.	Section 11 repealed and substituted	80
170.	Section 13 repealed	82
171.	Section 14 amended	82
172.	Section 18 amended	83
173.	Section 19 amended	83
174.	Section 20 amended	83
175.	Section 21 amended	83
176.	Section 22 amended	84
177.	Section 24 amended	84
178.	Section 28 amended	84
179.	Section 30 amended	85
180.	Section 39 amended	85
181.	Sections 40 and 41 repealed	86
182.	Section 43 amended	86
183.	Section 45 amended	86
184.	Section 48 amended	86
185.	Section 66 amended	87
186.	Section 75 amended	87
187.	Schedule amended	87
PART 13 — AMENDMENT OF VARIOUS ACTS
188.	Consequential amendments	88

PART 14 — TRANSITIONAL PROVISIONS

Division 1 — Preliminary

189.

Definitions

103

vii

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995

Division 2 — Devolution of Water Authority’s assets,

liabilities etc.

190. Minister to make order for allocation

of assets and liabilities

104

191.

Power to make subsequent order

106

192. Transfer of assets and liabilities to

the Corporation

106

193. Transfer of assets and liabilities to

the Commission

108

194. Transfer of assets and liabilities to both

the Corporation and the Commission

109

195.

Unallocated assets and liabilities

111

196.

Debt paper

112

197.

Guarantees in respect of Authority

113

198.

Authority to complete necessary transactions

114

199.

Exemption from State taxation

115

200.

Registration of documents

116

Division 3 — Water and Rivers Commission, succession to

Waterways Commission and Water Resources Council

201.	Definitions	116
202.	Devolution of former bodies’ assets,
liabilities etc.	117

Division 4 — Staff, transition of employment

203.	Transition to staff of Corporation	117
204.	Transition to staff of Commission	118
205.	Transition to staff of Coordinator	119
206.	Corporation may be constituted an SES organization	119
207.	Saving	120
208.	Employees’ rights preserved	120

Division 5 — General transitional provisions

209.	Definitions	121
210.	Annual report for part of a year	122
211.	Completion of things commenced	122

viii

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995

212.	Continuing effect of things done	122
213.	Immunity to continue	123
214.	References to Authority in Government agreements	123
215.	Agreements and instruments generally	123
216.	Performance of necessary transitional functions	124
217.	Corporation, time to obtain certain licences	125
218.	Further transitional provision may be made	125
219.	Saving	126

WESTERN AUSTRALIA

WATER AGENCIES

RESTRUCTURE (TRANSITIONAL

AND CONSEQUENTIAL PROVISIONS) ACT 1995

No. 73 of 1995

AN ACT to amend the Water Authority Act 1984, the Waterways Conservation Act 1976 and other Acts and to repeal the Western Australian Water Resources Council Act 1982 as part of a scheme for the abolition of the Water Authority and the Waterways Commission and their replacement with —

a corporation to supply water services;

a commission responsible for water resources;

and

a public official to coordinate and regulate the

provision of water services,

to provide for the devolution of the assets and liabilities of the Water Authority and the Waterways Commission and for other transitional matters, and for related purposes.

[Assented to 27 December 1995.]

The Parliament of Western Australia enacts as follows:

No. 73]

Water Agencies Restructure (Transitional

s. 1

and Consequential Provisions) Act 1995

PART 1 — PRELIMINARY

Short title

1. This Act may be cited as the Water Agencies Restructure

(Transitional and Consequential Provisions) Act 1995.

Commencement

2. (1)

191 come into operation on the day on which this Act receives the

Royal Assent.

This section, the long title and sections 1, 189, 190 and

The other provisions of this Act come into operation on

such day as is fixed by proclamation, but the proclamation cannot

be made until section 190 (1) has been complied with.

(2)

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 3

PART 2 — WATER AUTHORITY ACT 1984

Principal Act

3. In this Part the Water Authority Act 1984* is referred to as the principal Act.

[* Act No. 3 of 1984.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, p. 228.]

Long title repealed and replaced

4. The long title to the principal Act is repealed and the

following long title is substituted —

‘‘

An Act to vest powers in the Water Corporation, the Water and Rivers Commission and the Coordinator of Water Services, to make other provision in respect of their functions, and for related and other purposes.

’’.

Part I heading amended

5. The heading to Part I of the principal Act is amended by inserting after ‘‘PRELIMINARY’’ the following —

‘‘ , AND OTHER MATTERS	’’.
Part I Division 1 heading deleted

6. The heading to Division 1 of Part I of the principal Act is

deleted.

No. 73]

Water Agencies Restructure (Transitional

s. 7

and Consequential Provisions) Act 1995

Section 1 amended

7. Section 1 of the principal Act is amended by deleting ‘‘Water Authority’’ and substituting the following —

‘‘ Water Agencies (Powers) ’’.

Section 3 amended

8. Section 3 (1) of the principal Act is amended —

(a)	bydeletingthedefinitionsof‘‘actingmember’’, ‘‘appointed day’’, ‘‘Authority’’, ‘‘Board’’, ‘‘Chairman’’, ‘‘committee of the Authority’’, ‘‘district’’, ‘‘Managing Director’’, ‘‘member’’, ‘‘officer of the Authority’’, ‘‘Regional Advisory Committee’’, ‘‘the Account’’ and ‘‘the former Authority’’;
(b)	byinserting,intheirappropriatealphabetical positions, the following definitions —

‘‘

‘‘Commission’’ means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995;

‘‘Coordinator’’ means the Coordinator of Water Services referred to in section 4 of the Water Services Coordination Act 1995;

‘ ‘Corporation’’ means the Water Corporation established by section 4 of the Water Corporation Act 1995;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 8

‘‘former Authority’’ means the Water Authority of Western Australia under this Act before the commencement of Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995;

‘‘officer’’, in relation to —

(a)	theCommission,meansa member of staff as defined in section 3 of the Water and Rivers Commission Act 1995;
(b)	theCorporation,meansa member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

’’;

(c)

in the definition of ‘‘functions’’ by deleting ‘‘duties’’ and substituting the following —

‘‘ powers, duties and authorities

’’;

(d)

in paragraph (c) of the definition of ‘‘local authority’’ by deleting ‘‘or section 13 of the Country Areas Water Supply Act 1947’’;

(e)

in the definition of ‘‘relevant Act’’ by deleting ‘‘, or the provisions of an Act determined pursuant to an Order made under subsection (2) of section 5 to comprise a relevant Act’’;

No. 73]

Water Agencies Restructure (Transitional

s. 8

and Consequential Provisions) Act 1995

(f)	in the definition of ‘‘statutory authority’’ by deleting ‘‘Authority’’ and substituting the following —

‘‘

Commission, the Coordinator or the

Corporation, as the case requires,

’’;

(g)	bydeletingthedefinitionof‘‘watercourse’’and substituting the following definition —

‘‘

‘‘watercourse’’ means —

(a)	anyriver,creek,streamor brook, whether artificially improved or altered or not;
(b)	anyconduitthatwhollyor partially diverts a river, creek, stream or brook from its natural course and forms part of that river, creek, stream or brook; or
(c)	anynaturalcollectionofwater into, through, or out of which any thing referred to in paragraph (a) or (b) flows, whether artificially improved or altered or not,

in which water flows or is contained whether permanently, intermittently or occasionally, together with the bed and banks of any thing referred to in paragraph (a), (b) or (c);

’’;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 9

(h)	bydeletingthedefinitionof‘‘waterservices’’and substituting the following definition —

‘‘

‘‘water services’’ means water supply, sewerage, drainage or irrigation services;

’’;

and

(i) in the definition of ‘‘works’’ —

(i)	bydeleting‘‘Authority’’andsubstitutingthe following —

‘‘ Corporation ’’; and

(ii) byinsertingafter‘‘waterservicesor’’the following —

‘‘ by the Commission ’’.

Section 4 repealed

9. Section 4 of the principal Act is repealed.

Section 5 amended

10. Section 5 of the principal Act is amended —

(a)	in subsection (1) by repealing ‘‘Subject to subsection (2), for’’ and substituting the following —

‘‘ For ’’; and

(b)	by repealing subsection (2).

Part I, Division 2 repealed

11.

(1)

Division 2 of Part I of the principal Act is repealed.

No. 73]

Water Agencies Restructure (Transitional

s. 12

and Consequential Provisions) Act 1995

The repeal of section 6 (1) of the principal Act by this section does not affect the application of any regulations, by-laws or rules that continued to apply under that subsection and were in force immediately before the commencement of this section.

(2)

Regulations, by-laws or rules referred to in subsection (2) may be amended or repealed —

(3)

(a)	in the case of regulations or by-laws, as if they were made under the principal Act as amended by this Act; and
(b)	in the case of rules, as if they were by-laws made under the principal Act as amended by this Act.

Part II heading deleted

12. The heading to Part II of the principal Act is deleted.

Part II Division 1 heading deleted

13. The heading to Division 1 of Part II of the principal Act is

deleted.

Section 7 repealed

14. Section 7 of the principal Act is repealed.

Section 8 amended

15.

(1)

Section 8 (1) and (2) of the principal Act are repealed.

(2)	Section 8 (3) of the principal Act is amended —

(a)	by inserting after ‘‘vested in’’ in the 2nd place where it occurs the following —

‘‘ the former Authority, ’’;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 16

(b)	by deleting ‘‘on and after the appointed day is to be utilised by the Authority shall, by operation of this section, be vested in the Authority’’ and substituting the following —

‘‘

is, or is to be, used by the Corporation or the Commission shall, by operation of this section, be vested in the Corporation or the Commission,

’’;

and

(c)	by deleting ‘‘of the Authority’’ and substituting the following —

‘‘

of the Corporation or the Commission

’’.

Sections 9 and 10 repealed

16. Sections 9 and 10 of the principal Act are repealed.

Part II, Divisions 2, 3, 4, 5, 6, 7, 8 and 9 repealed

17. Divisions 2, 3, 4, 5, 6, 7 , 8 and 9 of Part II of the principal

Act are repealed.

Part II, Division 10 heading deleted

18. The heading to Division 10 of Part II of the principal Act is

deleted.

Section 33 repealed

19. Section 33 of the principal Act is repealed.

No. 73]

Water Agencies Restructure (Transitional

s. 20

and Consequential Provisions) Act 1995

Section 34 amended

20. (1)

following subsection is substituted —

‘‘

Section 34 (1) of the principal Act is repealed and the

(1) The Minister may make by-laws prescribing all matters that are required or permitted by this Act or any relevant Act to be prescribed, or are necessary or convenient to be prescribed, for the purposes of the performance by the Commission, the Corporation or the Coordinator of their respective functions under this Act or any relevant Act.

’’.

Any by-laws made or deemed to be made under section 34 (1) of the principal Act as in force immediately before the commencement of this section are to continue in operation and have effect for all purposes as if made under that subsection as amended by this section.

(2)

Section 34 (2) of the principal Act is amended by deleting

‘‘by the Authority under this Act’’ and substituting the

following —

(3)

‘‘ under subsection (1) ’’.

(4)	Section 34 (3) of the principal Act is amended —

(a)	by deleting ‘‘Without prejudice to the generality of the powers conferred by subsection (1), by-laws made under this Act’’ and substituting the following —

‘‘

Without limiting subsection (1), by-laws

made under that subsection

’’;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 21

(b)	bydeletingparagraph(b)andsubstitutingthe following paragraph —

‘‘

(b)	provide for the due management and use of water, works, water services, water resources and property of the Commission or the Corporation;

’’;

(c)

in paragraph (c) —

(i)	by deleting ‘‘under the jurisdiction or control of the Authority’’; and
(ii)	by deleting ‘‘under its jurisdiction or control or subject to its authority’’;

(d)

inparagraph(f)bydeleting‘‘undertheAuthority’s jurisdiction or control or subject to its authority’’;

(e)

inparagraph(g)byinsertingafter‘‘works,’’the following —

‘‘ reservoir, ’’; and

(f)	in paragraph (k) by deleting ‘‘Authority’s works’’ and substituting the following —

‘‘

Corporation’s works and confer functions on the Coordinator in relation to those matters.

’’.

Section 35 repealed

21. Section 35 of the principal Act is repealed.

Section 37 amended

22. Section 37 of the principal Act is amended by deleting ‘‘or to facilitate the operations of the Authority’’.

No. 73]

Water Agencies Restructure (Transitional

s. 23

and Consequential Provisions) Act 1995

Section 38 amended

23. Section 38 (1) of the principal Act is amended by deleting ‘‘Authority’’ and substituting the following —

‘‘ Commission or the Coordinator	’’.
Part III, Division 1 repealed

24. Division 1 of Part III of the principal Act is repealed.

Section 41 amended

25. Section 41 (1) of the principal Act is amended by deleting ‘‘under this Act’’ and substituting the following —

‘‘ under section 34 (1)

’’.

Part III, Divisions 2, 3, 4 and 5 repealed

26. Divisions 2, 3, 4 and 5 of Part III of the principal Act are

repealed.

Section 61 repealed

27. Section 61 of the principal Act is repealed.

Section 65 amended

28. Section 65 (c) of the principal Act is amended by deleting ‘‘Authority’’ and substituting the following —

‘‘ Coordinator ’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 29

Section 66 amended

29. Section 66 of the principal Act is amended by deleting

‘‘Authority’’ and substituting the following —

‘‘

Commission, the Coordinator or the Corporation

’’.

Part VI heading amended

30. The heading to Part VI of the principal Act is amended by deleting ‘‘BY THE AUTHORITY.’’.

Section 71 amended

31. Section 71 (1) of the principal Act is amended by deleting

‘‘other Act administered by the Authority, the Authority’’ and

substituting the following —

‘‘

relevant Act, the Commission or the Corporation

’’.

Section 73 amended

32. Section 73 (1) (b) of the principal Act is amended by

deleting ‘‘Authority’s works’’ and substituting the following —

‘‘

works of the Commission or the Corporation

’’.

Part VII heading amended

33. The heading to Part VII of the principal Act is amended by deleting ‘‘BY THE AUTHORITY.’’.

Section 75 amended

34. Section 75 (3) of the principal Act is repealed.

No. 73]

Water Agencies Restructure (Transitional

s. 35

and Consequential Provisions) Act 1995

Sections 76 and 80 repealed

35. Sections 76 and 80 of the principal Act are repealed.

Section 81 amended

36. Section 81 (1) of the principal Act is amended —

(a)	bydeleting‘‘theAuthority,’’andsubstitutingthe following —

‘‘

the Commission or the Corporation.

’’; and

(b)	by deleting the passage from and including ‘‘nor shall the Authority’’ to the end of the subsection.

Section 82 amended

37. Section 82 (1) of the principal Act is repealed and the

following subsections are substituted —

‘‘

Subject to this Act and any relevant Act, the Commission may carry out works for the purposes of this Act or any relevant Act that are related to the conservation, protection or management of water resources.

(1)

Subject to this Act, any relevant Act and the terms and conditions of any operating licence granted to it under the Water Services Coordination Act 1995, the Corporation may carry out —

(1a)

(a)	works for the purposes of this Act or any relevant Act that are intended to provide, or are related to the provision of, water services; and

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 38

(b)	such other works as are requested by, and undertaken wholly or in part at the expense of, any other person being works of a kind that are related to the provision of water services.

’’.

Section 83 amended

38. (1) deleting ‘‘, conservation or management’’.

Section 83 (1) (a) (i) of the principal Act is amended by

(2) After section 83 (1) of the principal Act the following

subsection is inserted —

‘‘

For the purposes of its functions under this

Act or a relevant Act the Commission, subject to

Part VI, may —

(1a)

(a)	enteruponanyland,street,premisesor thing and acquire, provide or construct wells, reservoirs, dams and such other works as in its opinion may be required for the purposes of the conservation or management of water; and
(b)	carryoutsuchotherworksincludingthe construction of premises and provision of facilities as may be necessary for the purposes of this Act or any relevant Act.

’’.

Section 83 (2) of the principal Act is amended by deleting ‘‘subsection (1)’’ and substituting the following —

(3)

‘‘ subsections (1) and (1a)

’’.

No. 73]

Water Agencies Restructure (Transitional

s. 39

and Consequential Provisions) Act 1995

Section 84 amended

39. Section 84 (4) of the principal Act is amended by inserting after ‘‘former Minister’’ the following —

‘‘

, to the former Authority

’’.

Section 103 amended

40.	(1)	Section 103 (1) of the principal Act is amended —
(a)	inthedefinitionof‘‘authorisedperson’’bydeleting ‘‘under subsection (10) to give infringement notices;’’ and substituting the following —
‘‘

, or of a class authorised, under the regulations to give infringement notices in respect of the offences specified in relation to that person or class in the regulations;

’’;

and

(b)	inthedefinitionof‘‘designatedperson’’bydeleting ‘‘subsection (10);’’ and substituting the following —

‘‘

the regulations to whom payment may be made of modified penalties for the offences specified in relation to that person or class in the regulations;

’’.

(2) Section 103 (2) of the principal Act is amended by

inserting after ‘‘under this section’’ the following —

‘‘

and is an offence in respect of which the person is

authorised to give a notice under this section

’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 41

(3)	Section 103 (10) of the principal Act is repealed.

(4) Section 103 (11) of the principal Act is amended by deleting ‘‘The Authority shall issue to each’’ and substituting the following —

‘‘

The Commission and the Corporation shall issue to any member of staff who is an

’’.

Various references to ‘‘Authority’’ changed to

‘‘Corporation’’

41. The principal Act is amended by deleting ‘‘Authority’’ where

it occurs in the provisions referred to in the table to this section

and substituting the following —

‘‘ Corporation ’’.

Table

34 (3) (i)	67 (1)	69 (1)	99 (1)
41 (1)	67 (2)	69 (2)	99 (2)
41B (2)	67 (3)	69A (1)	99 (3)
41E (1)	67 (4)	69A (2)	99 (4)
41F (1)	67 (5)	69A (3)	99 (5)
41F (2)	67 (6)	69A (4)	100
41G (1)	67 (7)	69B (1)	101
41G (2)	67 (8)	69B (3)	102 (1)
41H	67 (9)	71 (1) (a) (i)	102 (2)
41J	67 (10)	83 (1)	102 (3)
41K	67 (11)	85 (1)
41M	67 (12)	85 (2)
64	68 (1)	98

No. 73]

Water Agencies Restructure (Transitional

s. 42

and Consequential Provisions) Act 1995

Various references to ‘‘Authority’’ changed to ‘‘Commission or the Corporation’’

42. The principal Act is amended by deleting ‘‘Authority’’ where

it occurs in the provisions referred to in the table to this section

and substituting the following —

‘‘ Commission or the Corporation

’’.

Table

3 (3)	72 (2)	81 (7)	88 (1) (a)
36 (1) (c)	72 (4)	81 (8)	88 (1) (c)
36 (3)	72 (6)	81 (9)	89 (2)
36 (4) (b)	72 (7)	81 (10)	89 (3)
36 (4) (c)	73 (1)	81 (11)	90 (1)
36 (4) (d)	73 (3)	81 (12)	90 (2)
36 (6)	73 (4)	81 (13)	91 (1)
36 (7)	75 (1)	83 (2)	91 (3)
62 (1)	75 (2)	83 (3)	92
62 (3)	77 (1)	84 (1)	93 (1)
63 (1)	77 (2)	84 (2)	93 (1) (a)
63 (2)	77 (3)	84 (3)	93 (1) (b)
70 (1)	78 (1)	84 (4)	94 (2)
70 (2)	78 (2)	86	94 (3)
70 (3)	79	(definitions	95 (1)
71 (1) (a)	81 (1)	of ‘‘exempt	95 (2)
(except sub-	81 (2)	works’’ and	95 (3)
paragraph (i))	81 (3)	‘‘major	96
71 (2)	81 (4)	works’’)	97 (1)
71 (3)	81 (5)	87	97 (2)
72 (1)	81 (6)	88 (1)	97 (3)

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 43

PART 3 — COUNTRY AREAS WATER SUPPLY ACT 1947

Principal Act

43. In this Part the Country Areas Water Supply Act 1947* is referred to as the principal Act.

[* Reprint approved 18 April 1980.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, p. 49.]

Section 5 amended

44. Section 5 (1) of the principal Act is amended —

(a)	by deleting the definitions of ‘‘authorised’’, ‘‘Authority’’, ‘‘officer of the Authority’’ and ‘‘stream’’;
(b)	by inserting in the appropriate alphabetical positions the following definitions —

‘‘

‘‘Commission’’ means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995;

‘ ‘Corporation’’ means the Water Corporation established by section 4 of the Water Corporation Act 1995;

‘‘former Authority’’ means the Water

Authority of Western Australia under

the Water Authority Act 1984 before

No. 73]

Water Agencies Restructure (Transitional

s. 44

and Consequential Provisions) Act 1995

the commencement of Part 2 of the Wat e r Ag en c i e s R e s t r u c t u r e (Transitional and Consequential Provisions) Act 1995;

‘‘officer’’, in relation to —

(a)	theCommission,meansa member of staff as defined in section 3 of the Water and Rivers Commission Act 1995;
(b)	theCorporation,meansa member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

’’;

(c)	in the definitions of ‘‘by-laws’’ and ‘‘catchment area’’ by deleting ‘‘by the former Minister or the Authority’’;
(d)	in the definition of ‘‘former Minister’’ by deleting ‘‘the Authority’’ and substituting the following —

‘‘ the former Authority ’’;

(e)	bydeletingthedefinitionof‘‘waterboard’’and substituting the following definition —

‘‘

‘‘water board’’ means a water board constituted under the Water Boards Act;

’’;

and

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 45

(f)	bydeletingthedefinitionof‘‘watercourse’’and substituting the following definition —

‘‘

‘‘watercourse’’ means —

(a)	anyriver,creek,streamor brook, whether artificially improved or altered or not;
(b)	anyconduitthatwhollyor partially diverts a river, creek, stream or brook from its natural course and forms part of that river, creek, stream or brook; or
(c)	anynaturalcollectionofwater into, through, or out of which any thing referred to in paragraph (a) or (b) flows, whether artificially improved or altered or not,

in which water flows or is contained whether permanently, intermittently or occasionally, together with the bed and banks of any thing referred to in paragraph (a), (b) or (c);

’’.

Section 7 amended

45. Section 7 of the principal Act is amended by repealing

subsections (1) and (6).

Section 11 amended

46. Section 11 of the principal Act is amended —

(a)	byinsertingafterthesectiondesignation‘‘11.’’the subsection designation (1);

No. 73]

Water Agencies Restructure (Transitional

s. 46

and Consequential Provisions) Act 1995

(b)	by deleting ‘‘the Rights in Water and Irrigation Act, 1914-1945, or’’;
(c)	bydeleting‘‘theAuthority’’andsubstitutingthe following —

‘‘

but subject to subsection (2), the

Corporation

’’;

(d)	by deleting ‘‘streams, water courses’’ and substituting the following —

‘‘ watercourses ’’; and

(e)	by inserting the following subsection — ‘‘

(2) The Corporation shall not exercise

the powers conferred by subsection (1) —

(a)

inrelationtowatertowhich Division 1 of Part III of the Rights in Water and Irrigation Act 1914 applies, except in accordance with that Division;

(b)

in relation to water from —

(i)	anartesianwell(as defined in the Rights in Water and Irrigation Act 1914); or
(ii)	anon-artesianwell(as defined in that Act) within an area proclaimed under section 26B of that Act,

except under the authority of a licence issued under section 26D of that Act.

’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 47

Section 12BA amended

47. Section 12BA (3) of the principal Act is amended —

(a)	by deleting ‘‘Authority’’ in the first 3 places where it occurs and substituting the following —

‘‘ Commission ’’; and

(b)

by deleting ‘‘the Authority’’ in the fourth place where it occurs and substituting the following —

‘‘

the Commission, the former Authority

’’.

Section 12E amended

48. Section 12E (7) of the principal Act is amended —

(a)	exceptinparagraphs(a)and(b),bydeleting ‘‘Authority’’ where it occurs and substituting the following —

‘‘ Commission ’’; and

(b)

inparagraphs(a)and(b)bydeleting‘‘orthe Authority’’ and substituting the following —

‘‘

, the former Authority or the Commission

’’.

Section 12EB amended

49.	(1)	Section 12EB (2) of the principal Act is amended —
(a)	bydeleting‘‘Authority’’whereitfirstoccursand substituting the following —
‘‘ Commission ’’; and

No. 73]

Water Agencies Restructure (Transitional

s. 49

and Consequential Provisions) Act 1995

(b)

bydeleting‘‘ortheAuthority’’andsubstitutingthe following —

‘‘

, the former Authority or the Commission

’’.

(2)	Section 12EB (3) of the principal Act is amended —

(a)	bydeleting‘‘exercisedortheAuthority’’and substituting the following —

‘‘

or the former Authority exercised or the

Commission

’’;

and

(b)

in paragraph (b) by deleting ‘‘or the Authority’’ and substituting the following —

‘‘

, the former Authority or the Commission

’’.

(3)	Section 12EB (4) of the principal Act is amended —

(a)	bydeleting‘‘transferredortheAuthority’’and substituting the following —

‘‘

or the former Authority transferred or the

Commission

’’;

(b)

bydeleting‘‘ortheAuthority’’andsubstitutingthe following —

‘‘

, the former Authority or the Commission

’’;

and

(c)	by deleting ‘‘Authority’’ in the last 2 places where it occurs and substituting the following —

‘‘ Commission ’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 50

Part III repealed

50. Part III of the principal Act is repealed.

Section 38 amended

51. Section 38 (1) of the principal Act is amended by deleting ‘‘, with the approval of the Minister,’’.

Section 39 repealed

52. Section 39 of the principal Act is repealed.

Section 40 amended

53. Section 40 of the principal Act is amended by deleting

‘‘Authority’s’’ and substituting the following —

‘‘ Corporation’s ’’.

Section 45 amended

54. Section 45 (1) of the principal Act is amended —

(a)	by deleting ‘‘or’’ at the end of paragraph (c) (iii);
(b)	by deleting paragraph (c) (iv); and
(c)	byinsertingafterparagraph(c)thefollowing paragraph —

‘‘

(ca) not being authorized by the Commission, diverts water from any watercourse or source of supply within any catchment area or water

No. 73]

Water Agencies Restructure (Transitional

s. 55

and Consequential Provisions) Act 1995

reserve or does any act whereby the watercourse or source of supply may be diverted or diminished in quantity or injured in quality or purity;

’’.

Section 58 amended

55. Section 58 (6) of the principal Act is amended by deleting

‘‘Authority’s’’ in both places where it occurs and substituting the

following —

‘‘ Corporation’s ’’.

Section 71 amended

56. Section 71 (5) of the principal Act is amended by deleting ‘‘or the Authority.’’ and substituting the following —

‘‘

, the former Authority or the Corporation.

’’.

Section 85 amended

57. Section 85 (5) of the principal Act is amended by deleting ‘‘or the Authority’’ and substituting the following —

‘‘

, the former Authority or the Corporation

’’.

Section 86 amended

58.

(1)

Section 86 (1) of the principal Act is amended —

(a)

by deleting ‘‘or the Authority’’ in both places where it occurs and substituting the following —

‘‘

, the former Authority or the Corporation

’’;

and

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 59

(b)	by deleting ‘‘the Authority shall’’ and substituting the following —

‘‘ the Corporation shall ’’.

Section 86 (3) of the principal Act is amended by deleting ‘‘or the Authority’’ and substituting the following —

(2)

‘‘

, the former Authority or the Corporation

’’.

Section 87 amended

59. Section 87 (1) of the principal Act is amended —

(a)	by deleting ‘‘or the Authority’’ in both places where it occurs and substituting the following —

‘‘

, the former Authority or the Corporation

’’;

(b)

bydeleting‘‘bytheAuthority’’andsubstitutingthe following —

‘‘ by the Corporation

’’; and

(c)

by deleting ‘‘to the Authority’’ and substituting the following —

‘‘ to the Corporation ’’.

No. 73]

Water Agencies Restructure (Transitional

s. 60

and Consequential Provisions) Act 1995

Section 115 repealed and a section substituted

60. Section 115 of the principal Act is repealed and the

following section is substituted —

‘‘

Proceedings

115. (1) Proceedings for an offence against a

provision of this Act —

(a)	referred to in Table 1 to this section may be taken by the Commission or an officer of the Commission;
(b)	referred to in Table 2 to this section may be taken by the Corporation or an officer of the Corporation.

Table 1 — Proceedings by the Commission

12B (1)	113 (where the offence
12C (5)	relates to water works
12C (7) (a)	acquired, held or used
45 (1) (ca)	by the Commission)
112 (where the offence relates to obstruction of the Commission)

Table 2 — Proceedings by the Corporation

43B (1)	112 (where the offence
45 (1) (a)	relates to obstruction of
45 (1) (b)	the Corporation)
45 (1) (c)
45 (1) (d)	113 (where the offence
46 (1)	relates to water works
71 (2)	acquired, held or used
82	by the Corporation)

’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 61

Section 121 amended

61. Section 121 of the principal Act is amended by deleting ‘‘Managing Director of the Authority’’ and substituting the following —

‘‘

chief executive officer of the Commission or the Corporation

’’.

Various references to ‘‘Authority’’ changed to

‘‘Commission’’

62. The principal Act is amended by deleting ‘‘Authority’’ where

it occurs in the provisions referred to in the table to this section

and substituting the following —

‘‘ Commission ’’.

Table

12	12C (2)	12C (7)	12ED (2)
12B	12C (3)	12D (1)	12ED (4)
12BD (1)	12C (4)	12E (5)	12ED (5)
12BD (2)	12C (5)	12E (6)	12EE (2)
12BE (4)	12C (6)	12E (8)

Various references to ‘‘Authority’’ changed to

‘‘Corporation’’

63. The principal Act is amended by deleting ‘‘Authority’’ where it occurs in the provisions referred to in the table to this section (except in a reference to the Water Authority Act 1984) and substituting the following —

‘‘ Corporation ’’.

No. 73]

Water Agencies Restructure (Transitional

s. 64

and Consequential Provisions) Act 1995

Table

14 (1)	35 (5)	43A (2)	58 (7)	88
28 (1)	37 (2)	43A (3)	59 (1)	89 (1)
28 (2)	37 (3)	43A (4)	59 (2)	89 (2) (d)
29	37 (4)	43A (5)	60 (1)	90 (1)
30 (1)	37 (5)	43A (6)	60 (2)	91
30 (2)	37 (6)	43A (7)	62A (1)	92
31 (1)	37 (7)	43A (8)	62A (2)	93 (1)
31 (2)	37 (8)	43B (1)	71 (2)	94
31 (3)	37 (9)	43B (2)	73	95
32 (1) (b)	37 (11)	43B (3)	76	96
32 (2)	37 (12)	44 (1)	77 (1)	97 (1)
32 (3)	37 (15)	45 (1)	78 (3)	97 (4)
32 (4)	38 (1)	45 (2)	81	99
32 (5)	38 (2)	45 (3)	82	100
33 (1)	39A (1)	45 (4)	84 (1)	102 (1)
33 (2)	39A (2)	46 (1)	84 (2)	102 (3)
33 (3)	39A (3)	58 (1)	85 (1)	102 (5)
35 (1)	42 (1)	58 (4)	85 (3)	103
35 (2)	42 (2)	58 (5)	85 (4)	104
35 (3)	43 (1)	58 (6)	86 (2)	105 (1)

Various references to ‘‘Authority’’ changed to ‘‘Commission or the Corporation’’

64. The principal Act is amended by deleting ‘‘Authority’’ where

it occurs in the provisions referred to in the table to this section

and substituting the following —

‘‘ Commission or the Corporation

’’.

Table

108 113 (1)

111 114

112 116

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 65

References to ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’

65. The principal Act is amended by deleting ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’, as the case requires, where it occurs in the provisions referred to in the table to this section and substituting the following —

‘‘

Water Agencies (Powers) Act 1984

’’.

Table

5 (1 ) ‘‘prescribed’’ and ‘‘water	(de f in i t i ons	o f	29
32 (5)

supply charge’’)	33 (1) (da)
5 (2)	38 (2)
12E (7) (a)	58 (1)
14 (1)	105 (1)
28 (1)	120

No. 73]

Water Agencies Restructure (Transitional

s. 66

and Consequential Provisions) Act 1995

PART 4 — COUNTRY TOWNS SEWERAGE ACT 1948

Principal Act

66. In this Part the Country Towns Sewerage Act 1948* is

referred to as the principal Act.

[* Reprint approved 11 March 1980.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, p. 50.]

Section 3 amended

67. Section 3 (1) of the principal Act is amended —

(a)	bydeletingthedefinitionsof‘‘authorised’’and ‘‘Authority’’;
(b)	by inserting in the appropriate alphabetical positions the following definitions —

‘‘

‘ ‘Corporation’’ means the Water Corporation established by section 4 of the Water Corporation Act 1995;

‘‘former Authority’’ means the Water Authority of Western Australia under the Water Authority Act 1984 before the commencement of Part 2 of the Wat e r Ag en c i e s R e s t r u c t u r e (Transitional and Consequential Provisions) Act 1995;

‘‘officer’’ means a member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

’’;

(c)	inthedefinitionof‘‘by-laws’’bydeleting‘‘bythe former Minister or the Authority’’;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 68

(d)	in the definition of ‘‘former Minister’’ by deleting ‘‘the Authority’’ and substituting the following —

‘‘ the former Authority ’’;

(e)	in the definition of ‘‘sewerage works’’ by deleting ‘‘by the former Minister or the Authority’’;
(f)	in the definition of ‘‘water board’’ by deleting ‘‘or under the Country Areas Water Supply Act, 1947,’’; and
(g)	by deleting the semicolon at the end of the definition of ‘‘water board’’ and substituting a full stop.

Section 5 repealed

68. Section 5 of the principal Act is repealed.

Section 93 amended

69. Section 93 of the principal Act is amended by deleting ‘‘Authority’’ in each place where it occurs (except in the expressions ‘‘Local Authority’’ and ‘‘Local Health Authority’’) and substituting the following —

‘‘ Corporation ’’.

Section 119 amended

70. Section 119 of the principal Act is amended by deleting ‘‘Managing Director of the Authority’’ and substituting the following —

‘‘

chief executive officer of the Corporation

’’.

Various references to ‘‘Authority’’ changed to

‘‘Corporation’’

71. The principal Act is amended by deleting ‘‘Authority’’ where it occurs in the provisions referred to in the table to this section

No. 73]

Water Agencies Restructure (Transitional

s. 72

and Consequential Provisions) Act 1995

(except in a reference to the Water Authority Act 1984) and

substituting the following —

‘‘ Corporation ’’.

Table

11 (1)	34	41A (6)	65A (1)	96 (1)
11 (3)	35 (1)	41A (7)	65A (2)	96 (3)
11 (4)	35 (2)	42 (1)	75 (1)	96 (5)
11 (5)	36 (1)	42 (2)	79	97
23	36 (2)	42 (3)	80	98
23A (1)	36 (3)	43	81	102 (16)
23A (2)	37 (1)	44	83 (1)	105
24 (1)	37 (3)	45	83 (2)	108
24 (2)	39 (1)	46	84 (1)	110
25	40 (1)	61 (1)	85	111
28	40 (2)	61 (3)	86	112
29 (1)	40 (3)	61 (4)	87 (1)	113
29 (2)	41	61 (5)	88	114
29 (3)	41A (1)	61 (6)	89
30 (1)	41A (2)	62 (1)	90
31 (1)	41A (3)	62 (2)	91 (1)
32	41A (4)	63 (1)	91 (4)
33	41A (5)	63 (2)	94

Various references to ‘‘Authority’s’’ changed to

‘‘Corporation’s’’

72. The principal Act is amended by deleting ‘‘Authority’s’’ where it occurs in the provisions referred to in the table to this section and substituting the following —

‘‘ Corporation’s ’’.

Table

23 32 61 (5)

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 73

References to ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’

73. The principal Act is amended by deleting ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’, as the case requires, where it occurs in the provisions referred to in the table to this section and substituting the following —

‘‘

Water Agencies (Powers) Act 1984

’’.

Table

3 (1) (definitions of	11 (5)
‘‘prescribed’’ and	35 (1)
‘‘sewerage charge’’)	61 (1)
3 (2)	102
11 (1)	118 (1)

No. 73]

Water Agencies Restructure (Transitional

s. 74

and Consequential Provisions) Act 1995

PART 5 — LAND DRAINAGE ACT 1925

Principal Act

74. In this Part the Land Drainage Act 1925* is referred to as the principal Act.

[* Reprint approved 22 May 1967.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, pp. 114-5.]

Section 6 amended

75. Section 6 (1) of the principal Act is amended —

(a)	by deleting the definition of ‘‘Authority’’;
(b)	by inserting in the appropriate alphabetical positions the following definitions —

‘‘

‘ ‘Corporation’’ means the Water Corporation established by section 4 of the Water Corporation Act 1995;

‘‘officer’’ means a member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

’’;

(c)	in the definition of ‘‘former Minister’’ by deleting ‘‘the Authority’’ and substituting the following —

‘‘ the former Authority ’’;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 76

(d)	in the definition of ‘‘Main Drain’’ by deleting ‘‘by the former Minister or the Authority’’; and
(e)

bydeletingthedefinitionof‘‘Water-course’’and ‘‘

‘‘watercourse’’ means —

(a)	anyriver,creek,streamor brook, whether artificially improved or altered or not;
(b)	anyconduitthatwhollyor partially diverts a river, creek, stream or brook from its natural course and forms part of that river, creek, stream or brook; or
(c)	anynaturalcollectionofwater into, through, or out of which any thing referred to in paragraph (a) or (b) flows, whether artificially improved or altered or not,

in which water flows or is contained whether permanently, intermittently or occasionally, together with the bed and banks of any thing referred to in paragraph (a), (b) or (c);

’’.

Section 7 repealed

76. Section 7 of the principal Act is repealed.

Section 9 amended

77. Section 9 (3a) of the principal Act is amended —

(a)	bydeleting‘‘ortheAuthority’’andsubstitutingthe following —

‘‘

the former Authority or the Corporation

’’; and

No. 73]

Water Agencies Restructure (Transitional

s. 78

and Consequential Provisions) Act 1995

(b)	by deleting ‘‘Authority’’ in the last 2 places where it occurs and substituting the following —

‘‘ Corporation ’’.

Various references to ‘‘Authority’’ changed to

‘‘Corporation’’

78. The principal Act is amended by deleting ‘‘Authority’’ where

it occurs in the table to this section (except in a reference to the

Water Authority Act 1984) and substituting the following —

‘‘ Corporation ’’.

Table

60	74	99 (2)	108 (1)
64 (1)	81	99A (1)	111
64 (2)	81A	99A (2)	112
64 (3)	85 (1)	99D (1)	152
64 (4)	85 (6)	99D (2)	153
64 (5)	94 (1)	99E (1)	154
64 (6)	94 (2)	99E (2)	155
64 (7)	95 (1)	100 (1)	160
64 (8)	95 (2)	100 (2)	161
64 (9)	98 (1)	100B	162
64 (10)	98 (2)	103	167 (1)
64 (11)	98 (3)	104 (1)	167 (7)
70	98 (4)	104 (2)	171
71 (1)	98 (5)	104 (3)
71 (3)	98 (6)	105 (2)
73	99 (1)	105 (3)

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 79

References to ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’

79. The principal Act is amended by deleting ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’, as the case requires, where it occurs in the provisions referred to in the table to this section and substituting the following —

‘‘

Water Agencies (Powers) Act 1984

’’.

Table

6 (2)	81
60	108 (1)
64 (5)	148
65A

No. 73]

Water Agencies Restructure (Transitional

s. 80

and Consequential Provisions) Act 1995

PART 6 — METROPOLITAN WATER AUTHORITY

ACT 1982

Principal Act

80. In this Part the Metropolitan Water Authority Act 1982* is referred to as the principal Act.

[* Act No. 36 of 1982.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, pp. 136-7.]

Long title repealed and replaced

81. The long title to the principal Act is repealed and the

following long title is substituted —

‘‘

An Act to provide for objections to valuations for certain water service charges and to authorize the provision of certain drainage works and services.

’’.

Section 4 amended

82. Section 4 of the principal Act is amended —

(a)	by deleting the definition of ‘‘Authority’’;
(b)	byinserting,intheirappropriatealphabetical positions, the following definitions —

‘‘

‘‘Commission’’ means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 83

‘‘Coordinator’’ means the Coordinator of Water Services referred to in section 4 of the Water Services Coordination Act 1995;

‘ ‘Corporation’’ means the Water Corporation established by section 4 of the Water Corporation Act 1995;

‘‘former Authority’’ means the Water Authority of Western Australia under the Water Agencies (Powers) Act 1984 before the commencement of Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995;

‘‘former Metropolitan Authority’’ means the Metropolitan Water Authority unde r th i s Ac t be f o r e the commencement of section 36 of the Acts Amendment and Repeal (Water Authorities) Act 1985;

’’;

and

(c)	in the definition of ‘‘works’’ by deleting ‘‘Authority’’ and substituting the following —

‘‘ Corporation ’’.

Section 5 amended

83. Section 5 (2) of the principal Act is amended —

(a)	by inserting after ‘‘or the former’’ the following —

‘‘ Metropolitan ’’; and

No. 73]

Water Agencies Restructure (Transitional

s. 84

and Consequential Provisions) Act 1995

(b)	bydeleting‘‘totheAuthority’’andsubstitutingthe following —

‘‘

to the Commission, the Coordinator or the

Corporation as the case requires

’’.

Sections 8, 10 and 18 repealed

84. Sections 8, 10 and 18 of the principal Act are repealed.

Section 19 amended

85. Section 19 of the principal Act is amended by deleting ‘‘the former Authority or the Board of the former Authority, or the Authority or a person appointed pursuant to section 26’’ and substituting the following —

‘‘

the former Metropolitan Authority, the Board of the former Metropolitan Authority or the former Authority

’’.

Section 28 repealed

86. Section 28 of the principal Act is repealed.

Section 98 amended

87.	(1)	Section 98 (1) of the principal Act is amended —
(a)	bydeleting‘‘Authority’’whereitfirstappearsand substituting the following —
‘‘ Commission ’’; and

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 87

(b)

bydeleting‘‘by,oronbehalfof,orinconsultation with, the Authority’’ and substituting the following —

‘‘

in consultation with the Corporation,

’’.

Section 98 (2) of the principal Act is amended by deleting ‘‘Authority’’ in both places where it occurs and substituting —

(2)

‘‘ Commission ’’.

(3)	Section 98 (4) of the principal Act is amended —

(a)	bydeleting‘‘Authority’’andsubstitutingthe following —

‘‘ Commission ’’; and

(b)	by inserting after ‘‘collaborate with’’ the following —

‘‘ the Corporation and ’’.

(4)	Section 98 (5) of the principal Act is amended —

(a)

bydeleting‘‘TheArterialDrainageScheme’’and substituting the following —

‘‘

In preparing the Scheme, the Commission

’’;

(b)

by inserting after ‘‘works and’’ the following —

‘‘

the Scheme is to

’’; and

(c)

bydeleting‘‘Authority’’andsubstitutingthe following —

‘‘	Commission, the Corporation,’’.

No. 73]

Water Agencies Restructure (Transitional

s. 88

and Consequential Provisions) Act 1995

Section 99 amended

88. (1) Section 99 (1) of the principal Act is amended by

deleting ‘‘Authority’’ and substituting the following —

‘‘ Commission ’’.

(2)	Section 99 (3) of the principal Act is amended —

(a)	bydeleting‘‘Authority’’andsubstitutingthe following —

‘‘ Commission ’’; and

(b)	by deleting the passage beginning ‘‘, not being a main drain’’ to the end of the subsection and substituting a full stop.

(3)	Section 99 (4) of the principal Act is amended —

(a)	bydeleting‘‘Authority’’andsubstitutingthe following —

‘‘ Commission ’’;

(b)

in paragraph (d) by inserting after ‘‘a relevant plan,’’ the following —

‘‘ the Corporation and

’’; and

(c)

in paragraph (e) by inserting after ‘‘submissions from’’ the following —

‘‘ the Corporation and ’’.

Section 99 (5) of the principal Act is amended by deleting ‘‘Authority’’ and substituting the following —

(4)

‘‘ Commission ’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 89

Section 100 amended

89. (1) to’’ the following —

Section 100 (1) is amended by inserting after ‘‘regard

‘‘ the Scheme and ’’.

Section 100 (5) (a) of the principal Act is amended in sub-

paragraphs (iv) and (v) by deleting ‘‘Authority’’ in each place

where it occurs and substituting the following —

(2)

‘‘ Corporation or the Crown

’’.

Section 100 (5) (b) of the principal Act is amended in sub- paragraph (ii) by inserting after ‘‘Part VII’’ the following —

(3)

‘‘

of the Water Agencies (Powers) Act 1984

’’.

Section 106 amended

90. Section 106 of the principal Act is amended —

(a)	bydeleting‘‘Authority’’whereveritoccursand substituting the following —

‘‘ Commission ’’;

(b)

in subsection (2) (a) by inserting after ‘‘ served on’’ the following —

‘‘ the Corporation and

’’; and

(c)

in subsection (2) (c) by inserting after ‘‘negotiate with’’ the following —

‘‘ the Corporation and ’’.

No. 73]

Water Agencies Restructure (Transitional

s. 91

and Consequential Provisions) Act 1995

Section 107 amended

91. Section 107 (2) of the principal Act is amended by deleting ‘‘Authority’’ and substituting the following —

‘‘ Commission ’’.

Various references to ‘‘Authority’’ changed to

‘‘Corporation’’

92. The principal Act is amended by deleting ‘‘Authority’’ where it occurs in the provisions referred to in the table to this section (except in a reference to the Water Authority Act 1984) and substituting the following —

‘‘ Corporation ’’.

Table

43 (2a)	43 (13)	100 (7)	102 (5)
43 (6)	43 (15)	100 (8)	102 (6)
43 (7)	43 (16)	101 (1)	103
43 (8)	100 (1)	101 (2)	104 (7)
43 (9)	100 (2)	101 (3)	105
43 (10)	100 (4)	102 (1)	107 (1)
43 (11)	100 (5) (b)	102 (2)	108
43 (12)	100 (6)	102 (4)

Various references to ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’

93. The principal Act is amended by deleting ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’, as the case requires, wherever it occurs in the provisions referred to in the table to this section and substituting the following —

‘‘ Water Agencies (Powers) Act 1984 ’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 93

Table

4 (1) (b)	102 (6)
5 (1)	105
43 (1)	107 (1)
43 (2)	107 (2)
43 (2a)	107 (4)
43 (4)	108
43 (15)

No. 73]

Water Agencies Restructure (Transitional

s. 94

and Consequential Provisions) Act 1995

PART 7 — METROPOLITAN WATER SUPPLY, SEWERAGE,

AND DRAINAGE ACT 1909

Principal Act

94. In this Part the Metropolitan Water Supply, Sewerage, and Drainage Act 1909* is referred to as the principal Act.

[* Reprint approved 13 December 1977.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, pp. 137-8.]

Section 5 amended

95.	(1)	Section 5 (1) of the principal Act is amended —
(a)	by deleting the definitions of ‘‘authorised’’, ‘‘Authority’’, and ‘‘stream’’;
(b)	by inserting in the appropriate alphabetical positions the following definitions —
‘‘

‘‘Commission’’ means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995;

‘ ‘Corporation’’ means the Water Corporation established by section 4 of the Water Corporation Act 1995;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 95

‘‘former Metropolitan Authority’’ means the Metropolitan Water Authority under the Metropolitan Water Authority Act 1982;

‘‘officer’’, in relation to —

(a)	theCommission,meansa member of staff as defined in section 3 of the Water and Rivers Commission Act 1995;
(b)	theCorporation,meansa member of the staff of the Corporation engaged under section 15 of the Water Corporation Act 1995;

’’;

(c)	in the definitions of ‘‘catchment area’’ and ‘‘sewerage works’’ by deleting ‘‘by the former Board, the former Authority or the Authority’’;
(d)	bydeletingthedefinitionof‘‘watercourse’’and substituting the following definition —

‘‘

‘‘watercourse’’ means —

(a)	anyriver,creek,streamor brook, whether artificially improved or altered or not;
(b)	anyconduitthatwhollyor partially diverts a river, creek, stream or brook from its natural course and forms part of that river, creek, stream or brook; or
(c)	anynaturalcollectionofwater into, through, or out of which any thing referred to in

No. 73]

Water Agencies Restructure (Transitional

s. 96

and Consequential Provisions) Act 1995

paragraph (a) or (b) flows, whether artificially improved or altered or not,

in which water flows or is contained whether permanently, intermittently or occasionally, together with the bed and banks of any thing referred to in paragraph (a), (b) or (c);

’’;

(e)	in the definition of ‘‘waterworks’’ by deleting ‘‘by the former Board, the former Authority or the Authority’’; and
(f)	by deleting the semicolon at the end of the definition of ‘‘waterworks’’ and substituting a full stop.

(2) Section 5 (4) (a) of the principal Act is amended by deleting ‘‘the former Authority or the Authority’’ and substituting the following —

‘‘

the former Metropolitan Authority, the former

Authority or the Minister

’’.

Part III repealed

96. Part III of the principal Act is repealed.

Section 14 amended

97. Section 14 of the principal Act is amended —

(a)	byinsertingafterthesectiondesignation‘‘14.’’the subsection designation ‘‘(1)’’;
(b)	bydeleting‘‘TheAuthority’’andsubstitutingthe following —

‘‘

Subject to subsection (2), the Corporation

’’;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 98

(c)	by deleting ‘‘streams, watercourses,’’ and substituting the following —

‘‘ watercourses ’’;

(d)	by deleting ‘‘stream or’’; and
(e)	by inserting the following subsection —

‘‘

(2) The Corporation shall not exercise

the powers conferred by subsection (1) —

(a)

inrelationtowatertowhich Division 1 of Part III of the Rights in Water and Irrigation Act 1914 applies, except in accordance with that Division;

(b)

in relation to water from —

(i)	anartesianwell(as defined in the Rights in Water and Irrigation Act 1914); or
(ii)	anon-artesianwell(as defined in that Act) within an area proclaimed under section 26B of that Act,

except under the authority of a licence

issued under section 26D of that Act.

’’.

Section 16 amended

98. Section 16 of the principal Act is amended —

(a)	in paragraphs (a) and (c) by deleting ‘‘stream,’’;

No. 73]

Water Agencies Restructure (Transitional

s. 99

and Consequential Provisions) Act 1995

(b)	in paragraph (d) by deleting ‘‘stream or’’; and
(c)	in the penalty provision at the foot of the section by deleting ‘‘stream or’’.

Section 35 amended

99. Section 35 of the principal Act is amended by deleting

‘‘Governor’’ and substituting the following —

‘‘ Commission ’’.

Section 39 amended

100. Section 39 (3) of the principal Act is amended by inserting after ‘‘meter, and’’ the following —

‘‘ the by-laws ’’.

Section 46 repealed

101. Section 46 of the principal Act is repealed.

Section 52 amended

102. Section 52 (a) of the principal Act is amended by deleting ‘‘the Authority’’ and substituting the following —

‘‘	or under by-laws made under the power conferred by section 34 (3) (k) of the Water Agencies (Powers) Act 1984

’’.

Section 57EA amended

103. Section 57EA of the principal Act is amended —

(a)	by inserting after the section designation ‘‘57EA.’’ the subsection designation ‘‘(1)’’;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 104

(b)

bydeleting‘‘TheAuthority’’andsubstitutingthe following —

‘‘

Subject to subsection (2), the Corporation

’’;

and

(c)

by inserting the following subsection —

‘‘	(2) The Corporation shall not exercise the power conferred by subsection (1) in relation to water from —

(a)	anartesianwell(asdefinedin the Rights in Water and Irrigation Act 1914); or
(b)	anon-artesianwell(asdefined in that Act) within an area proclaimed under section 26B of that Act,

except under the authority of a licence

issued under section 26D of that Act.

’’.

Section 115 amended

104.

(1)

Section 115 (1) of the principal Act is amended —

(a)	by deleting ‘‘former Authority or the Authority’’ and substituting the following —

‘‘

former Metropolitan Authority, the former

Authority or the Corporation

’’;

and

No. 73]

Water Agencies Restructure (Transitional

s. 105

and Consequential Provisions) Act 1995

(b)	by deleting ‘‘Authority’’ in the second place where it occurs and substituting the following —

‘‘ Corporation ’’.

(2) Section 115 (3) of the principal Act is amended by deleting ‘‘former Authority or the Authority’’ and substituting the following —

‘‘

former Metropolitan Authority, the former Authority

or the Corporation

’’.

Section 146 amended

105. Section 146 (1) of the principal Act is amended —

(a)	inparagraph(2a)bydeleting‘‘streamsand watercourses’’ and substituting the following —

‘‘ watercourses and sources of supply ’’;

(b)	inparagraph(2b)bydeleting‘‘streamsand watercourses’’ and substituting the following —

‘‘ watercourses and reservoirs ’’;

(c)

inparagraph(2c)bydeleting‘‘streamsand watercourses’’ and substituting the following —

‘‘ watercourses and dams

’’; and

(d)

by deleting paragraph (26a).

Section 146A repealed

106.

(1)

Section 146A of the principal Act is repealed.

(2) Despite its repeal by this section, section 146A of the

principal Act continues to apply in respect of any complaint of an

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 107

offence referred to in that section that is alleged to have been

committed before the commencement of this section.

Seventh, Eighth, Ninth, Tenth, Eleventh and Twelfth

Schedules amended

107. (1) The Seventh Schedule to the principal Act is

amended —

(a)

by deleting ‘‘Water Authority of Western Australia’’ in the first, second and third places where it occurs and substituting the following —

‘‘

Water Corporation

’’; and

(b)

bydeleting‘‘OfficeoftheWaterAuthorityofWestern

Australia, Perth,’’.

(2)	The Eighth and Ninth Schedules to the principal Act are

amended —

(a)

by deleting ‘‘Water Authority of Western Australia’’ in the first and second places where it occurs and substituting the following —

‘‘

Water Corporation

’’; and

(b)

bydeleting‘‘OfficeoftheWaterAuthorityofWestern

Australia, Perth,’’.

(3) The Tenth, Eleventh and Twelfth Schedules to the principal Act are amended by deleting ‘‘Water Authority of Western

Australia’’ wherever it occurs and substituting the following —

‘‘

Water Corporation

’’.

The Eleventh Schedule to the principal Act is amended

by deleting ‘‘such Authority’’ in both places where it occurs and

substituting the following —

(4)

‘‘ such Corporation ’’.

No. 73]

Water Agencies Restructure (Transitional

s. 108

and Consequential Provisions) Act 1995

The Twelfth Schedule to the principal Act is amended by deleting ‘‘said Authority’’ and substituting the following —

(5)

‘‘

said Corporation

’’.

Various references to ‘‘Authority’’ changed to

‘‘Commission’’

108. The principal Act is amended by deleting ‘‘Authority’’ where it occurs in the provisions referred to in the table to this section and substituting the following —

‘‘ Commission ’’.

Table

13 (a)	57C (2)	57G (5)
16	57D (1)	57G (7)
17 (1)	57D (2)	57H (1)
35	57D (3)	57H (2)
57A (1)	57E (1)	57H (3)
57A (2)	57E (2)	57I (1)
57B (1)	57E (3)	57I (2)
57B (4)	57G (1)	146 (1) (3a)
57C (1)	57G (2)

Various references to ‘‘Authority’’ changed to

‘‘Corporation’’

109. The principal Act is amended by deleting ‘‘Authority’’ where it occurs in the provisions referred to in the table to this section (except in a reference to the Water Authority Act 1984) and substituting the following —

‘‘ Corporation ’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 110

Table

31	49 (1)	64 (2)	118 (1)
32	49 (2)	64 (3)	118 (2)
33	49 (3)	65	119 (1)
36	50 (1)	66 (1)	120
37	50A (1)	66 (2)	121
38 (1)	50A (2)	66 (3)	124A (1)
38 (2)	50A (3)	67	124A (2)
39 (1)	51 (1)	68	124A (3)
39 (2)	52 (except	69	146 (1) (5)
39 (3)	paragraph (a))	70 (1)	146 (1) (20)
40	53	70 (2)	147A (1)
41 (1)	54	70 (3)	147A (2) (a)
41 (3)	55	70 (4)	148 (1)
42	56	103 (1)	148 (2)
43 (1)	57	105B	148 (3)
43 (2)	58 (1)	109	148 (4)
45 (2)	58 (2)	110	148 (5)
45 (3)	59 (1)	113 (1)	148 (6)
45 (4)	59 (2)	113 (2)	148 (7)
45 (5)	59 (3)	114 (1)	150
45 (6)	61 (1)	114 (4)	151
45 (7)	61 (3)	114 (5)	152 (2)
45 (8)	61A (1)	114 (6)	152 (3)
45 (9)	61A (2)	115 (2)	152 (4)
45 (11)	63 (1)	116	154
45 (12)	64 (1)	117

Various references to ‘‘Authority’’ changed to ‘‘Commission or the Corporation’’

110. The principal Act is amended by deleting ‘‘Authority’’ where it occurs in the provisions referred to in the table to this section and substituting the following —

‘‘ Commission or the Corporation

’’.

No. 73]

Water Agencies Restructure (Transitional

s. 111

and Consequential Provisions) Act 1995

Table

15 158

153 159

156 160

157 161

References to ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’ changed to ‘‘Water Agencies (Powers) Act 1984’’

111. The principal Act is amended by deleting ‘‘Water Authority Act 1984’’ or ‘‘Water Authority Act 1984’’, as the case requires, where it occurs in the provisions referred to in the table to this section and substituting the following —

‘‘

Water Agencies (Powers) Act 1984

’’.

Table

5 (1) (definitions of	5 (5)
‘‘prescribed’’ and	36
‘‘water charge’’)	146 (1)
5 (3)	165
5 (4)

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 112

PART 8 — RIGHTS IN WATER AND IRRIGATION

ACT 1914

Principal Act

112. In this Part the Rights in Water and Irrigation Act 1914*

is referred to as the principal Act.

[* Reprinted as at 23 October 1986.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, pp. 184-5.]

Section 2 amended

113. Section 2 of the principal Act is amended —

(a)	by deleting the definition of ‘‘Authority’’;
(b)	byinserting,intheirappropriatealphabetical positions, the following definitions —

‘‘

‘‘Commission’’ means the Water and Rivers Commission established by section 4 of the Water and Rivers Commission Act 1995;

‘ ‘Corporation’’ means the Water Corporation established by section 4 of the Water Corporation Act 1995;

‘‘former Authority’’ means the Water Authority of Western Australia under the Water Authority Act 1984 before the commencement of Part 2 of the

No. 73]

Water Agencies Restructure (Transitional

s. 113

and Consequential Provisions) Act 1995

Wat e r Ag en c i e s R e s t r u c t u r e (Transitional and Consequential Provisions) Act 1995;

’’;

(c)	inthedefinitionof‘‘formerMinister’’byinserting after ‘‘1984, the’’ the following —

‘‘ former ’’; and

(d)	bydeletingthedefinitionof‘‘water-course’’and substituting the following —

‘‘

‘‘water-course’’ means —

(a)	anyriver,creek,streamor brook, whether artificially improved or altered or not;
(b)	anyconduitthatwhollyor partially diverts a river, creek, stream or brook from its natural course and forms part of the river, creek, stream or brook;
(c)	anynaturalcollectionofwater into, through or out of which any thing referred to in paragraph (a) or (b) flows, whether artificially improved or altered or not,

in which water flows or is contained whether permanently, intermittently or occasionally, together with the bed and banks of any thing referred to in paragraph (a), (b) or (c).

’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 114

Part II repealed

114. Part II of the principal Act is repealed.

Section 12 amended

115. Section 12 (4) of the principal Act is amended by deleting ‘‘as he thinks fit’’ and substituting the following —

‘‘ as it thinks fit	’’.
Section 13 amended

116. Section 13 (1) of the principal Act is amended by inserting after ‘‘take,’’ the following —

‘‘ divert, ’’.

Section 26J amended

117. Section 26J of the principal Act is amended by deleting ‘‘Authority’s’’ and substituting the following —

‘‘ Commission’s ’’.

Section 26K inserted

118. After section 26J of the principal Act the following section

is inserted —

‘‘

This Part binds the Crown and statutory undertakers

26K. (1) Except so far as a provision of this Part may be inconsistent with a Government agreement this Part binds the Crown and a statutory undertaker.

No. 73]

Water Agencies Restructure (Transitional

s. 119

and Consequential Provisions) Act 1995

(2)	The Governor may by order published in the

Gazette provide for exemptions for the Crown or a statutory undertaker from any provision of this Part.

(3) Section 43 (4) and (7) to (9) of the Interpretation Act 1984 applies to an order under subsection (2) as though the order were subsidiary legislation.

(4)	In this section —

‘‘Government agreement’’ has the same meaning as it has in the Government Agreements Act 1979;

‘‘statutory undertaker’’ means a person performing a function that is authorized or provided for by or under a written law.

’’.

Section 27 amended

119. (1) After section 27 (1) (g) of the principal Act the

following paragraph is inserted —

‘‘

(ga) charges that are to be paid by the holder of an operating licence (water supply services) or an operating licence (irrigation services) under the Water Services Coordination Act 1995 in respect of water taken under the licence;

’’.

(2) After section 27 (1) of the principal Act the following

subsection is inserted —

‘‘

(2) Without limiting the generality of paragraph

(ga) of subsection (1) —

(a)	the charges referred to in that paragraph may be in the form of a royalty for water taken under a licence; and

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 120

(b)

thevolumeofwatersotakenmaybe measured —

(i)	at the point where it is taken; or
(ii)	atapointthatisascloseasis practicable to the point at which it is diverted from its source and where measuring facilities can practicably be located.

’’.

Part V repealed

120. Part V of the principal Act is repealed.

Section 35 amended

121. Section 35 of the principal Act is amended —

(a)

by deleting ‘‘or the Authority’’ in both places where it occurs and substituting the following —

‘‘

, the Commission or the Corporation

’’; and

(b)

bydeleting‘‘oftheAuthority’’andsubstitutingthe following —

‘‘

of the Commission or the Corporation

’’.

Section 36 amended

122. Section 36 of the principal Act is amended by deleting ‘‘the Authority’’ and substituting the following —

‘‘

the Commission or the Corporation

’’.

No. 73]

Water Agencies Restructure (Transitional

s. 123

and Consequential Provisions) Act 1995

Section 37 amended

123. Section 37 of the principal Act is amended by deleting

‘‘Authority’’ and substituting the following —

‘‘ Commission or the Corporation	’’.
Section 38 amended

124. Section 38 of the principal Act is amended —

(a)

in paragraphs (a) and (c) by deleting ‘‘Authority’’ and substituting the following —

‘‘ Commission or the Corporation

’’;

(b)

in paragraph (d) by deleting ‘‘Authority’’ in the first and second places where it occurs and substituting the following —

‘‘ Commission or the Corporation

’’.

Section 39 amended

125. Section 39 of the principal Act is amended by inserting after ‘‘supply may’’ the following —

‘‘ , subject to that Part, ’’.

Section 39A amended

126. Section 39A of the principal Act is amended by deleting ‘‘water supply, which in accordance with section 39 the Authority has appropriated for irrigation’’ and substituting the following —

‘‘ irrigation works ’’.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 127

Section 39E and 42A amended

127. Sections 39E (6) and 42A (2) of the principal Act are amended by deleting ‘‘Authority’s’’ and substituting the following —

‘‘ Corporation’s ’’.

Section 45 repealed

128. Section 45 of the principal Act is repealed.

Section 62 repealed

129. Section 62 of the principal Act is repealed.

Section 66 amended

130. Section 66 (3) of the principal Act is amended by deleting ‘‘Authority’’ and substituting the following —

‘‘

Commission or the Corporation, as the case requires

’’.

Section 69 amended

131. Section 69 of the principal Act is amended by deleting

‘‘Authority’’ and substituting the following —

‘‘ Commission, the Corporation ’’.

Section 70 amended

specifying —

190. (1)

(a)	how assets, rights and liabilities of the Authority are to be allocated to the Corporation and the Commission; and

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 190

(b)	anyproceedingsinwhichtheCorporationorthe Commission is to be, or both of those bodies are to be, substituted for the Authority as a party or parties.

(2)	An allocation under subsection (1) (a) may be made to —

(a)	the Corporation;
(b)	the Commission; or
(c)	both of those bodies either jointly or as tenants in common in equal or unequal shares.

(3) Without limiting subsection (1), an order under that

subsection may —

(a)	provide for the allocation of income in respect of any asset;
(b)	in respect of a particular liability, allocate a specified share of the liability to each of the Corporation and the Commission;
(c)	provide for the transfer, debiting, crediting, closing or otherwise dealing with any account, reserve, fund, provision, profit or liability for any levy; and
(d)	containsuchincidentalorsupplementaryprovisions as the Minister thinks fit.

The transfer order may allocate particular assets, rights

or liabilities or classes of assets, rights or liabilities by reference

to schedules in which they are specified; and those schedules —

(4)

(a)	need not be published in the Gazette; but
(b)	must be available for inspection by the public at a place identified in the order.

No. 73]

Water Agencies Restructure (Transitional

s. 191

and Consequential Provisions) Act 1995

The transfer order may be amended by the Minister, by

further order published in the Gazette, but no such amendment

may be made after the commencement day.

(5)

Power to make subsequent order

191. (1)

Where for any reason it is not practicable to allocate any asset, right or liability to the Corporation or the Commission, or to both of those bodies, under section 190 before the commencement day —

(a)	the transfer order is to specify that the asset, right or liability is to be allocated under this section; and
(b)	theMinistermaymakeafurtherorderunder section 190 in respect of that asset, right or liability not later than 90 days after the commencement day.

(2)	An order under subsection (1) is to have effect from the

commencement day.

The Authority is to be taken to continue to hold an asset

or right, and to be liable for a liability, to which subsection (1)

applies until the further order is made.

(3)

Transfer of assets and liabilities to the Corporation

192.

(1)

On and after the commencement day —

(a)	the assets and rights of the Authority allocated to the Corporation by the transfer order vest in the Corporation by force of this section;
(b)	the liabilities of the Authority (including a share of a liability) allocated to the Corporation by the transfer order become, by force of this section, the liabilities of the Corporation;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 192

(c)

withoutlimitingsection214,anyagreementor instrument relating to the assets, rights and liabilities referred to in paragraphs (a) and (b) has effect, by force of this section, as if the Corporation were substituted for the Authority in the agreement or instrument;

(d)

the Corporation is a party to any proceedings by or against the Authority commenced before the commencement day in accordance with any provision of the transfer order to that effect made under section 190 (1) (b);

(e)

anyproceedingsorremedythatmighthavebeen commenced by or available against or to the Authority in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b), may be commenced and are available, by or against or to the Corporation;

(f)

any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before the commencement day by, to or in respect of the Authority (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the Corporation;

(g)

theAuthorityistodelivertotheCorporationall registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to —

(i)	the assets, rights and liabilities referred to in paragraphs (a) and (b); and
(ii)	proceedings referred to in paragraph (d);

and

No. 73]

Water Agencies Restructure (Transitional

s. 193

and Consequential Provisions) Act 1995

(h)	allprovisionsofthetransferorderrelevanttothis section have effect.

(2) Subsection (1) (c) and (e) has effect subject to any

provision of the transfer order made under section 190 (3) (b).

Transfer of assets and liabilities to the Commission

193.

(1)

On and after the commencement day —

(a)	the assets and rights of the Authority allocated to the Commission by the transfer order vest in the Commission by force of this section;
(b)	the liabilities of the Authority (including a share of a liability) allocated to the Commission by the transfer order become, by force of this section, the liabilities of the Commission;
(c)	subject to section 214, any agreement or instrument relating to the assets, rights and liabilities referred to in paragraphs (a) and (b) has effect, by force of this section, as if the Commission were substituted for the Authority in the agreement or instrument;
(d)	the Commission is a party to any proceedings by or against the Authority commenced before the commencement day in accordance with any provision of the transfer order to that effect made under section 190 (1) (b);
(e)	anyproceedingsorremedythatmighthavebeen commenced by or available against or to the Authority in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b), may be commenced and are available, by or against or to the Commission;
(f)	any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 194

in paragraphs (a) and (b) before the commencement day by, to or in respect of the Authority (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the Commission;

(g)

theAuthorityistodelivertotheCommissionall registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to —

(i)	the assets, rights and liabilities referred to in paragraphs (a) and (b); and
(ii)	proceedings referred to in paragraph (d);

and

(h)	all of the provisions of the transfer order relevant to this section have effect.

(2) Subsection (1) (c) and (e) has effect subject to any

provision of the transfer made under section 190 (3) (b).

Transfer of assets and liabilities to both the Corporation and the Commission

194. On and after the commencement day —

(a)	the assets and rights of the Authority allocated to the Corporation and the Commission jointly by the transfer order vest in those bodies jointly by force of this section;
(b)	the assets and rights of the Authority allocated to the Corporation and the Commission as tenants in common by the transfer order vest in those bodies as tenants in common in the shares specified in the transfer order by force of this section;

No. 73]

Water Agencies Restructure (Transitional

s. 194

and Consequential Provisions) Act 1995

(c)	theliabilitiesoftheAuthorityallocatedtothe Corporation and the Commission jointly by the transfer order become, by force of this section, the liabilities of those bodies jointly;
(d)	subject to section 214, any agreement or instrument relating to the assets, rights and liabilities referred to in paragraphs (a), (b) and (c) has effect, by force of this section, as if the Corporation and the Commission were substituted for the Authority in the agreement or instrument;
(e)	theCorporationandtheCommissionjointlyare parties to any proceedings by or against the Authority commenced before the commencement day in accordance with any provision of the transfer order to that effect made under section 190 (1) (b);
(f)	anyproceedingsorremedythatmighthavebeen commenced by or available against or to the Authority in relation to the assets, rights and liabilities referred to in paragraphs (a), (b) and (c), may be commenced and are available, by or against or to the Corporation and the Commission jointly or severally in accordance with the transfer order;
(g)	any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a), (b) and (c) before the commencement day by, to or in respect of the Authority (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the Corporation and the Commission jointly or severally in accordance with the transfer order;
(h)	the Authority is to deliver to the Corporation and the Commission all registers, papers, documents, minutes,

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 195

receipts, books of account and other records (however

compiled, recorded or stored) relating to —

(i) the assets, rights and liabilities referred to in paragraphs (a), (b) and (c); and

(ii) proceedings referred to in paragraph (e);

and

(i) all of the provisions of the transfer order relevant to this section have effect.

Unallocated assets and liabilities

195. Subject to section 191, on and after the commencement

day —

(a)	any assets and rights of the Authority that do not vest in the Corporation or the Commission under section 192, 193 or 194 are to be dealt with as the Minister directs;
(b)	any liability of the Authority that does not become a liability of the Corporation or the Commission under section 192, 193 or 194 is, so far as it is properly payable, to be discharged in such manner and from such source as the Minister, with the approval of the Treasurer, directs;
(c)	subject to section 214, any agreement or instrument relating to the assets, rights and liabilities referred to in paragraphs (a) and (b) has effect, by force of this section, as if the State were substituted for the Authority in the agreement or instrument;
(d)	anyproceedingsorremedythatmighthavebeen commenced by or available against or to the Authority in relation to the assets, rights and liabilities referred

No. 73]

Water Agencies Restructure (Transitional

s. 196

and Consequential Provisions) Act 1995

to in paragraphs (a) and (b), may be commenced and

are available, by or against or to the State;

(e)	any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before the commencement day by, to or in respect of the Authority (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the State; and
(f)	the Authority is to deliver to the Minister all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to the assets, rights and liabilities referred to in paragraphs (a) and (b).

Debt paper

196. (1) Without limiting section 192, 193 or 194 any debt paper which devolves under any of those sections, and the determination of rights and obligations in respect of the same, continue to be governed by section 54 of the principal Act and by- laws made under section 55 of that Act, despite the repeal of those sections, as if —

(a)	those sections and by-laws remained in force; and
(b)	referencesinthosesectionsandby-lawstothe Authority were references to the Corporation or the Commission either individually, jointly or severally in accordance with the transfer order.

(2) The Minister may, by further by-laws, amend by-laws

that are made applicable by subsection (1).

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 197

Guarantees in respect of Authority

197. (1) A guarantee under section 52 (1) or 54 (4) of the principal Act as in force immediately before the commencement day is not affected by —

(a)	any provision of this Act, including without limitation the transfer of any liability of the Authority under section 192, 193 or 194 to the Corporation or the Commission individually or to those bodies jointly; or
(b)	any transfer, vesting or assumption of any liability of the Authority to, in or by the Corporation or the Commission, or those bodies jointly, by any other means.

Any guarantee referred to in subsection (1) is to continue in force and is to be read and construed, on and from —

(2)

(a)	the commencement day; or

(b)

as if it were a guarantee in respect of the body to, in or by which

the liabilities have been transferred, vested or assumed.

the day on which the transfer, vesting or assumption by any other means referred to in subsection (1) is effective,

Despite its repeal by section 26 of this Act, section 52 (4)

of the principal Act is to be taken to continue to apply for the

purposes of subsection (2).

(3)

The Treasurer may enter into any instrument confirming

the continued liability of the State under a guarantee referred to

in subsection (1).

(4)

Subject to subsection (7), sections 83 and 84 of the Water Corporation Act 1995 are to be taken to apply to a liability of the Corporation referred to in subsection (1) if a guarantee of that liability cannot be preserved under this section (whether because

(5)

No. 73]

Water Agencies Restructure (Transitional

s. 198

and Consequential Provisions) Act 1995

the guarantee is governed otherwise than by the law of the State

or for any other reason).

Subject to subsection (7), sections 29 and 30 of the Water and Rivers Commission Act 1995 are to be taken to apply to a liability of the Commission referred to in subsection (1) if a guarantee of that liability cannot be preserved under this section (whether because the guarantee is governed otherwise than by the law of the State or for any other reason).

(6)

(7) If a guarantee (‘‘the original guarantee’’) cannot be preserved as mentioned in subsection (5) or (6) and the lender requests the Treasurer to exercise powers referred to in that subsection to give a guarantee in the same terms as the original guarantee, the Treasurer is to comply with that request.

(8) By virtue of this subsection, any sum paid by the Treasurer under a guarantee referred to in subsection (1) in respect of the Corporation constitutes a charge on the assets of the Corporation.

Authority to complete necessary transactions

198. (1) Where any asset, right or liability of the Authority cannot be properly vested in or succeeded to by the Corporation or the Commission, or by both of those bodies, by the operation of this Part (whether because the matter is governed otherwise than by the law of the State, or for any other reason) —

(a)	the Authority is to be taken to continue to hold or be liable for that asset, right or liability until the same is effectively vested in or succeeded to by the Corporation or the Commission, or by both of those bodies, in accordance with the transfer order; and
(b)	the Authority is to take all practicable steps for the purpose of securing that such asset, right or liability is effectively vested in or succeeded to by the

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 199

Corporation or the Commission, or by both of those bodies, in accordance with the transfer order.

The fact that subsection (1) (a) applies to an asset, right or liability that is allocated to the Corporation or the Commission, or to both of those bodies, under this Part does not affect the duty of the Corporation or the Commission, or both of those bodies, to account for and report on that asset, right or liability under the written law by which the body is established.

(2)

Exemption from State taxation

199. (1) In this section —

‘‘State tax’’ includes stamp duty chargeable under the Stamp Act 1921 and any other tax, duty, fee, levy or charge under a law of the State.

(2)	State tax is not payable in relation to —

(a)	anything that occurs by the operation of this Part; or
(b)	anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of, giving effect to this Part.

The Treasurer or a person authorized by the Treasurer

may, on request by the Corporation or the Commission, certify in

writing that —

(3)

(a)	aspecifiedthingoccurredbytheoperationofthis Part; or
(b)	a specified thing was done under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

No. 73]

Water Agencies Restructure (Transitional

s. 200

and Consequential Provisions) Act 1995

(4) For all purposes and in all proceedings, a certificate under subsection (3) is conclusive evidence of the matters it certifies, except so far as the contrary is shown.

Registration of documents

200. (1) The relevant officials are to take notice of the provisions of this Part and are empowered to record and register in the appropriate manner the necessary documents, and otherwise to give effect to this Part.

(2) Without limiting subsection (1), a statement in an instrument executed by the Corporation or the Commission that any estate or interest in land or other property has become vested in it or in those bodies jointly or in specified shares under section 192, 193 or 194 is evidence of that fact, and the relevant official is entitled to rely on that statement without making further enquiry.

(3)	In subsection (1) —

‘‘relevant officials’’ means the Registrar of Titles, the Registrar of Deeds, the Ministers respectively administering the Land Act 1933 and the Mining Act 1978 and any other person authorized by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property.

Division 3 — Water and Rivers Commission, succession to

Waterways Commission and Water Resources Council

Definitions

201. In this Division, unless the contrary intention appears —

‘‘former body’’ means —

(a)	the Waterways Commission; or
(b)	the Water Resources Council.

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 202

Devolution of former bodies’ assets, liabilities etc.

202. On and after the commencement day —

(a)	theassetsandrightsofaformerbodythatwere immediately before that day vested in that body vest in the Commission by force of this section;
(b)	the liabilities of a former body immediately before that day become, by force of this section, the liabilities of the Commission;
(c)	anyproceedingsorremedythatimmediatelybefore that day might have been brought or continued by or available against or to a former body, may be brought or continued and are available, by or against or to the Commission;
(d)	any act, matter or thing done or omitted to be done before the commencement day by, to or in respect of a former body (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the Commission; and
(e)	each former body is to deliver to the Commission all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to its operations.

Division 4 — Staff, transition of employment

Transition to staff of Corporation

203. Any agreement made at any time between the Authority and a person for the employment of that person on the staff of the Corporation has effect after the commencement of section 15

No. 73]

Water Agencies Restructure (Transitional

s. 204

and Consequential Provisions) Act 1995

of the Water Corporation Act 1995 as if the person had been

engaged by the board of the Corporation under that section.

Transition to staff of Commission

204.	(1)	Any agreement made at any time between a person
and —

(a)	theemployingauthorityofthedepartmentofthe Public Service designated as the Water and Rivers Commission (or as it may be redesignated); or
(b)	the Commission,

for the employment of that person on the staff of the Commission has effect after the commencement of Part 5 of the Water and Rivers Commission Act 1995 as if the person had been appointed in accordance with section 23 (1) or engaged under section 23 (2) of that Act, as the case may require.

A person who immediately before the commencement day was engaged under section 39 (5) (b) of the Waterways Conservation Act 1976 is to be taken after that day to be engaged by the Commission under the power referred to in section 23 (5) of the Water and Rivers Commission Act 1995.

(2)

(3) A person who immediately before the commencement

day —

(a)	wasemployedonthestaffoftheWaterResources Division of the Authority and does not come within subsection (1), section 203 or 205; or
(b)	wasemployedonthestaffoftheWaterways Commission and does not come within subsection (1) or (2) or section 203 or 205,

is to be taken after that day to have been appointed in accordance with section 23 (1), or engaged under section 23 (2), of

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 205

the Water and Rivers Commission Act 1995, as the case may

require.

Transition to staff of Coordinator

205. Any agreement made at any time between the employing authority of the department of the Public Service designated as the Office of Water Regulation (or as it may be redesignated) and a person for the employment of that person on the staff of that Office has effect after the commencement of Part 2 of the Water Services Coordination Act 1995 as if the person had been appointed in accordance with section 6 of that Act.

Corporation may be constituted an SES organization

206. (1) Despite sections 5 and 6 of the Water Corporation Act 1995 the Minister for Public Sector Management (in this section called ‘‘the Minister’’) may by order published in the Gazette (‘‘an order’’) constitute the Corporation as an SES organization within the meaning in the Public Sector Management Act 1994 (‘‘the PSMA’’).

An order is only to be made if the Minister is satisfied that it is necessary to do so to make temporary provision for the employment of persons who before the commencement day were employed on the staff of the Authority but whose employment is not otherwise covered by this Division after that day.

(2)

(3) An order —

(a)	is to provide for the expiry of the order on a specified day; and
(b)	maycontainsuchincidentalandsupplementary provisions as the Minister thinks fit.

No. 73]

Water Agencies Restructure (Transitional

s. 207

and Consequential Provisions) Act 1995

Subsection (3) (a) does not prevent the amendment of an

order to extend its operation or the making of a new order on the

expiry of an order.

(4)

The effect of an order is that while the order is in force, and subject to its terms —

(5)

(a)	theboardoftheCorporationistoperformthe functions of an employing authority under the PSMA in respect of persons referred to in subsection (2); and
(b)	thechiefexecutiveofficeroftheCorporationisto perform the functions of a chief executive officer under the PSMA in respect of those persons, but only to the extent that he or she would be required to do so if he or she were deemed to be a chief executive officer under section 4 (6) of the PSMA.

(6) The Minister may amend an order by further order published in the Gazette, and is to revoke an order in like manner as soon as the Minister is satisfied that the need referred to in subsection (2) no longer applies.

Saving

207. A person who comes within section 204 (3) or 206 may be party to an agreement referred to in section 204 or 205 after the commencement day, in which case the agreement has effect under that section on the day provided for in the agreement.

Employees’ rights preserved

208. Except as otherwise agreed by an employee, the operation of this Division does not —

(a)	affect the employee’s pay, as that term is defined in regulation 3 of the Public Sector Management (Redeployment and Redundancy) Regulations 1994;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 209

(b)	prejudice the employee’s existing or accruing rights in respect of annual leave, long service leave or sick leave;
(c)	affect any rights under a superannuation scheme; or
(d)	interrupt continuity of service.

Division 5 — General transitional provisions

Definitions

209. In this Division, unless the contrary intention appears —

‘‘former body’’ means —

(a)	the Authority;
(b)	the Waterways Commission;
(c)	the Water Resources Council;

‘‘relevant successor’’ means —

(a)

the Corporation in relation to any function of the Authority that after the commencement day is a function of the Corporation;

(b)

the Commission in relation to any function of —

(i)	the Authority;
(ii)	the Waterways Commission; or

(iii) the Water Resources Council,

that after the commencement day is a function of

the Commission;

No. 73]

Water Agencies Restructure (Transitional

s. 210

and Consequential Provisions) Act 1995

(c)	the Coordinator in relation to any function of the Authority that after the commencement day is a function of the Coordinator.

Annual report for part of a year

210. The accountable authority, within the meaning in the Financial Administration and Audit Act 1985, of a former body is to report in respect of that body as required by section 66 of that Act, but limited to the period from the preceding 1 July to the commencement day, and Division 14 of Part II of that Act applies as if that period were a full financial year.

Completion of things commenced

211. Anything commenced to be done by a former body under any written law before the commencement day may be continued by the relevant successor so far as the doing of that thing is within the functions of the relevant successor after the commencement day.

Continuing effect of things done

212. Any act, matter or thing done or omitted to be done before

the commencement day by, to or in respect of a former body, to

the extent that that act, matter or thing —

(a)	has any force or significance after that day; and

(b)

is to be taken to have been done or omitted by, to or in respect of

the relevant successor.

wheretheformerbodyistheAuthority,isnot governed by section 192 (1) (f), 193 (1) (f), 194 (g) or 195 (e),

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 213

Immunity to continue

213. Despite any repeal effected by Part 2, where the Authority had the benefit of any immunity in respect of an act, matter or thing done or omitted before the commencement day, that immunity continues in that respect for the benefit of the relevant successor.

References to Authority in Government agreements

214.	(1)	A Government agreement which contains a reference
to —

(a)	the Authority;
(b)	the Metropolitan Water Authority;
(c)	theMetropolitanWaterSupply,Sewerageand Drainage Department; or

(d)

has effect after the commencement day as if the reference were to

the Corporation.

theMetropolitanWaterSupply,Sewerageand Drainage Board,

(2) Subsection (1) does not apply to a provision of a

Government agreement that is spent or has had its effect.

(3)	In this section —

‘‘Government agreement’’ has the same meaning as it has in the Government Agreements Act 1979.

Agreements and instruments generally

215. (1)

This section applies to any agreement or instrument subsisting immediately before the commencement day that does not come within the provisions of section 192 (1) (c), 193 (1) (c), 194 (d), 195 (c) or 214.

No. 73]

Water Agencies Restructure (Transitional

s. 216

and Consequential Provisions) Act 1995

(2) Any agreement or instrument to which this section

applies —

(a)	to which a former body was a party; or

(b) has effect after that day as if —

which contains a reference to a former body,

(c)	therelevantsuccessortotheformerbodywere substituted for the former body as a party to the agreement or instrument; and
(d)	any reference in the agreement or instrument to the former body were (unless the context otherwise requires) amended to be or include a reference to the relevant successor.

(3)	In this section —

‘‘instrument’’ includes subsidiary legislation.

Performance of necessary transitional functions

216. (1)

Despite the repeals effected by sections 14, 163 and 169, a former body continues in existence for the purpose of —

(a)	reporting as required by section 210; and
(b)	performing the functions described in sections 191 (3), 192 (1) (g), 193 (1) (g), 194 (h), 195 (f) and 198.

(2) The accountable authority, within the meaning in the Financial Administration and Audit Act 1985, of a former body also continues in existence for the purpose described in subsection (1) (a).

(3)	Despite the provisions of the relevant written laws —

(a)	the members of each of the former bodies immediately before the commencement day cease to hold office on that day; and

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 217

(b)

each of the former bodies is to —

(i)	beconstitutedbyapersonappointedbythe Minister; and
(ii)	performthefunctionsreferredtoinsubsection (1) through that person.

The person referred to in subsection (3) (b) holds office at

the pleasure of the Minister and on such terms and conditions as

the Minister determines.

(4)

The former bodies as constituted under this section have

the powers that are necessary or convenient for the purposes of

subsection (1).

(5)

The relevant successor to a former body is to provide the clerical or other assistance that the former body reasonably requires for the purposes of subsection (1) in respect of the functions that after the commencement day are functions of that successor.

(6)

Corporation, time to obtain certain licences

217. Where before the commencement day the Authority was doing anything and after that day the Corporation in continuing to do that thing is required to hold a licence under the Rights in Water and Irrigation Act 1914, the Corporation is to be treated as if it were the holder of such a licence until the expiry of 120 days after the commencement day.

Further transitional provision may be made

218. (1)

If there is no sufficient provision in this Part for any matter or thing necessary or convenient to give effect to the transition from a former body to the relevant successor the Minister may make that provision by order published in the Gazette.

No. 73]

Water Agencies Restructure (Transitional

s. 219

and Consequential Provisions) Act 1995

(2) The Minister may by order published in the Gazette make any provision that is necessary to rectify any omission from the transfer order.

An order under this section may be made so as to have effect from the commencement day.

(3)

(4) To the extent that a provision of any such order has effect on a day that is earlier than the day 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, the Corporation, the Commission, the Coordinator or any authority of the State), the rights of that person existing before the day of its publication; or
(b)	toimposeliabilitiesonanyperson(otherthanthe State, the Corporation, the Commission, the Coordinator or any authority of the State), in respect of anything done or omitted to be done before the day of publication.

Saving

219. The operation of any provision of this Part is not to be

regarded —

(a)	as a breach of contract or confidence or otherwise as a civil wrong;
(b)	as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information;
(c)	asgivingrisetoanyremedybyapartytoan instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability;

Water Agencies Restructure (Transitional

[No. 73

and Consequential Provisions) Act 1995

s. 219

(d)	as causing any contract or instrument to be void or otherwise unenforceable; or
(e)	as releasing or allowing the release of any surety.

By Authority: JOHN A. STRIJK, Acting Government Printer