Water (Amendment) Act 1988 (NSW)
| W A TER (A M E N D M E N T ) ACT 1988 N o. | 108 |
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Water Act 1912 No. 44
SCHEDULE 1—AMENDMENTS
| W ATER (A M E N D M E N T ) ACT | 1988 N o. 108 |
NEW SOUTH WALES
Act No. 108, 1988
An Act to amend the Water Act 1912 to apply volumetric water allocations schemes to certain trusts; to impose charges for water taken by certain trusts; and for other purposes. [Assented to 21 December 1988] ’
2 Act No. 108
Water (Amendment) 1988
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Water (Amendment) Act 1988.
Commencement
2. This Act commences on the date of assent to this Act.
Amendment of Water Act 1912 No. 44
3. The Water Act 1912 is amended as set out in Schedule 1.
SCHEDULE 1—AMENDMENTS
(Sec. 3)
(1) Section 4h—
After section 4g, insert:
Savings and transitional provisions
4h. Schedule 2 has effect.
(2) Section 20v (Definitions)—
| (a) | Section 20v (1)— Omit the definition of “entitlement” , insert instead: |
“entitlement” means—
(a) a licence, permit, authority or group licence; or
| (b) | in relation to a trust, the right to take and use water conferred on the trust by section 38b; |
| (b) | Section 20v (1)— After the definition of “scheme”, insert: |
“trust” means a trust constituted under Part 3 that is declared
by the regulations to be a trust to which this Division applies;
| (c) | Section 20v (2)— Omit the subsection, insert instead: |
| (2) | A reference in this Division to the holder of an entitlement |
includes—
| (a) | if the entitlement is an authority, a reference to each of the holders of the authority; and |
| (b) | if the entitlement is the right of a trust to take and use water, a reference to the trust. |
IVa/er (Amendment) 1988
SCHEDULE 1—AMENDMENTS—
| (3) | Section 22c (Flow of water assured by a work of the Crown)— | |
|
(1) In this section—
“entitlement” means—
(a) a licence, permit, authority or group licence; or
| (b) | in relation to a trust, the right to take and use water conferred on the trust by section 38b; |
“trust” means a trust constituted under Part 3 that is declared
by the regulations to be a trust to which this section applies.
( 1 a ) In this section—
| (a) | a reference to a work of the Crown includes a reference to a work vested in or controlled by the Dumaresq-Barwon Border Rivers Commission; and |
(b) a reference to the holder of an entitlement includes—
(i) if the entitlement is an authority, a reference to each of the holders of the authority; and
(ii) if the entitlement is the right of a trust to take and use water, a reference to the trust.
(b) Section 22c (3)—
(i) Omit “any licence, group licence, permit or authority”, insert instead “an entitlement” .
(ii) Omit “a licence, group licence or permit or, as the case may be, the holders of the authority” , insert instead “the entitlement”.
(iii) Omit “payable for the licence, group licence, permit or authority”, insert instead “(if any) payable for the entitlement”.
| (c) |
Section 22c (4) (al), (d), (e)— occurring, insert instead “entitlement” .
| (d) |
Section 22c (4) (b)— the entitlement but is” .
| (e) |
Section 22c (5)— “entitlement” .
4 Act No. 108
Water (Amendment) 1988
SCHEDULE 1 —AMENDMENTS—
| (f) |
Section 22c (6) (a)— permit or, as the case may be, the holders of the authority”, insert instead “entitlement (including, in relation to a group licence, each of the group licence occupiers)” .
| (g) |
Section 22c (6a) (b), (c)— occurring, insert instead “entitlement” .
(h) Section 22c (7)—
(i) Omit “licence, the group licence occupiers, the holder of the permit or, as the case may be, the holders of the authority”, insert instead “entitlement (including, in relation to a group licence, any 1 or more of the group
|
(ii) Omit “licence, group licence, permit or authority”, insert
|
(i) Section 22c (9)—
(i) Omit “a licence, group licence or permit fails or, as the case may be, the holders of an authority fail”, insert instead “an entitlement (not being the right of a trust to take and use water) fails” .
(ii) Omit “licence, group licence, permit or authority”, insert
|
(4) Section 28 (Definitions)—
(a) Before the definition of “Murray Basin”, insert:
“Member”, in relation to a trust, means a trustee or a ratepayer.
(b) Omit the definition of “Trustee”, insert instead:
“Trustee”, in relation to a trust, means a trustee appointed or
elected under Division 4.
(5) Section 32 (Contents of proposals)—
Section 32 (g)—
Omit “ , if any,”, insert instead “(if any) levied under this Part” .
(6) Section 38b—
After section 38a, insert:
Right of trust to take and use water
38b. Subject to Division 4b of Part 2 and to section 22c, a trust
may—
(a) for the purposes for which it is constituted; and
Water (Amendment) 1988
SCHEDULE 1—AMENDMENTS—co«rmMC-£̂
| (b) | for any other purpose authorised by this Act in respect of the trust, |
take and use water conserved or obtained by works administered
and managed by the trust under this Part.
(7) Section 54 (Power of trustees to enter and inspect)—
| (a) |
Section 54 (4)— (otherwise than under Division 4b of Part 2)”.
| (b) | Section 54 (4)— Omit “as provided in this Act”. |
(8) Section 64a (Reduction or discontinuance of supply of water)—
Section 64a (1a)—
Before section 64 (1), insert:
(1 a) Subsection (1) docs not apply to a trust to which Division
4b of Part 2 applies.
(9) Sections 70a, 70b—
After section 70, insert:
Trusts not to exceed water allocation
| 70a. | (1) If a trust exceeds its water allocation under Division |
4b of Part 2, the Ministerial Corporation may, by notice in writing served on each of the members of the trust, direct the members not to take any more water from the water source subject to the volumetric water allocations scheme concerned.
(2) If a member on whom such a notice has been served lakes water contrary to the direction contained in the notice, the member is guilty of an offence and liable to a penalty not exceeding 100 penalty units.
Direction to trust to pay certain charges
| 70b. | (1) If a trust fails to pay a charge payable under section |
22c, or fails to pay such a charge in accordance with the requirements of that section, the Ministerial Corporation may, by notice in writing served on each of the members of the trust, direct the members not to take any more water from the water source coneerned until the charge is duly paid.
(2) If a member on whom such a notice has been served takes water contrary to the direction contained in the notice, the member is guilty of an offence and liable to a penalty not exceeding 100 penalty units.
6 Act No. 108
Water (Amendment) 1988
SCHEDULE I—AMENDMENTS—fom/rtuef/
(10) Schedule 2—
After Schedule 1, insert;
SCHEDULE 2—SAVINGS AND TRANSITIONAL PROVISIONS
(See. 4m)
PARI 1—PRELIMINARY
Savintis and transitional regulations
1. (1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Act;
Water (Amendment) Act 1988,
(2) Any such provision may, if the regulations so provide, take effect on the
dale of assent to the Act concerned or on a later dale.
(3) To the extent to which any such provision takes effect on a date that is earlier than the dale of its publication in the Gazette, the provision does not operate so as—
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the dale of its publication. |
PAR I 2—PROVISIONS CONSEQUENT ON 1 HE ENACTMENT
OF THE WATER (AMENDMENT) ACT 1988
Definitions
2. In this Part—
"scheme”, "trust”, “water allocation” and “year” have the same meanings
as they have in Division 4 b of Part 2.
Effect of existing schemes on trusts
3. Where, pursuant to Division 4 b of Part 2, a trust becomes subject to a scheme otherwise than at the beginning of a year, the water allocation for the trust shall be taken to be reduced by such proportion as the part of the year that has elapsed bears to the whole of the year.
[Minister's second reading speech made in—
Legislative Assembly on 29 November 1988 Legislative Council on 14 December 1988]
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