Water Board (Corporatisation) Act 1994 Water Board (Water Restrictions) Amendment (Short Description of Offence) Regulation 1998 (1998-552) [GG No 135 of 18.9.1998, p 7538] (NSW)

1998 No 552

New South Wales

Water Board (Water Restrictions) Amendment (Short Description of Offence) Regulation 1998

under the

Water Board (Corporatisation) Act 1994

His Excellency the Lieutenant-Governor, with the advice of the Executive Council. has made the following ,Regulation under the Water Board (Corporatisation) Act 1994.

Craig Knowles

Minister for Urban Affairs and Planning

Explanatory note

The object of this Regulation is to specify a short description for the offence of breaching water restrictions under the Water Board (Water Restrictions) Regulation 1994 to facilitate the issue of penalty notices and other legal processes.

This Regulation is made under the Water Board (Corporatisation) Act 1994, including section 106 (the general regulation-making power) and in accordance with section 145B of the Justices Act 1902.

This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.

Published in Gazette No 135 of 18 September 1998, page 7538 Page 1

1998 No 552

C l a u s e 1 Water Board (Water Restrictions) Amendment (Short Description of Offence) Regulation 1998

Water Board (Water Restrictions) Amendment

(Short Description of Offence) Regulation 1998

Name of Regulation

This Regulation is the Water Board (Water Restrictions)

Amendment (Short Description of Offence) Regulation 1998.

Commencement

This Regulation commences on 1 September 1998.

Amendment of Water Board (Water Restrictions) Regulation
1994

The Water Board (Water Restrictions) Regulation 1994 is amended as set out in Schedule 1.

Notes

The explanatory note does not form part of this Regulation.

* The regulation (statutory rule) appointed 1 September 1998 as the date of its commencement. Pursuant to section 39 (2A) of the Interpretation Act 1987, the regulation is not invalid merely because the regulation was published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which it is published in the Gazette, instead of from the earlier day.

1998 No 552

Water Board (Water Restrictions) Amendment (Short Description of Offence) Regulation 1998

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Clause 3A

Insert after clause 3:

3A Short description of offence

For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to the offence created by clause 2 is as follows:

breach water restrictions

For the purposes of any proceedings for such an offence, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.

The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.

Subclause (2) applies to any information, complaint, summons warrant, notice, order or other document

(whether issued, given or made before or after the

amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.