Water Management Act 2000 Water Management (Repeals, Savings and Miscellaneous Amendments) Regulation 2000 (2000-748) [GG No 168 of 22.12.2000, p 13574] (NSW)

Case
No judgment structure available for this case.

2000 No 748

New South Wales

Water Management (Repeals, Savings

and Miscellaneous Amendments)

Regulation 2000

under the

Water Management Act 2000

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Water Management Act 2000.

RICHARD AMERY, M.P.,

Minister for Agriculture, and Minister for Land and Water Conservation

Explanatory note

The object of this Regulation is to save the operation of certain regulations under the Water Act 1912, to amend those and other regulations and to repeal further regulations in connection with the commencement of the Water Management Act 2000.

This Regulation is made under the Water Management Act 2000, including section

400 (the general power to make regulations) and clause 1 of Schedule 9.

Published in Gazette No 168 of 22 December 2000, page 13574

Page 1

[36]

2000 No 748

Clause 1

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Water Management (Repeals, Savings and

Miscellaneous Amendments) Regulation 2000

1     Name of Regulation

This Regulation is the Water Management (Repeals, Savings and

Miscellaneous Amendments) Regulation 2000.

2 Commencement

This Regulation commences on 1 January 2001.

3     Repeal of certain regulations

The following regulations are repealed:

(a)

the Fish River Water Supply Administration (Price of Water) Regulation 1995,

(b)

the Private Irrigation Districts (Debentures) Regulation 1999,

(c)

the Water (Part 6) Regulation 1997,

(d)

the Water Supply Authorities (Olympic Co-ordination Authority) Regulation 1999.

4     Saving of certain regulations

The following regulations, as in force immediately before 1 January 2001, are taken to be regulations under the Water Management Act 2000, and may be amended and repealed accordingly:

(a)

the Water (Part 3—Elections) Regulation 1995, and

(b)

the Water (Part 3—General) Regulation 1995, and

(c)

the Water (Part 7) Regulation 1996.

5 Amendment of Drainage (Elections) Regulation 1995

The Drainage (Elections) Regulation 1995 is amended as set out in

Schedule 1.

6 Amendment of Drainage (General) Regulation 1995

The Drainage (General) Regulation 1995 is amended as set out in

Schedule 2.

Page 2

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Clause 7

Regulation 2000

7 Amendment of Hunter Valley Flood Mitigation Regulation 1997

The Hunter Valley Flood Mitigation Regulation 1997 is amended as set out in Schedule 3.

8 Amendment of Irrigation Corporations (General) Regulation 1995

The Irrigation Corporations (General) Regulation 1995 is amended as set out in Schedule 4.

9 Amendment of Private Irrigation Districts (First Elections) Regulation 2000

The Private Irrigation Districts (First Elections) Regulation 2000 is amended as set out in Schedule 5.

10     Amendment of Water (Part 3—Elections) Regulation 1995

The Water (Part 3—Elections) Regulation 1995 is amended as set out in Schedule 6.

11     Amendment of Water (Part 3—General) Regulation 1995

The Water (Part 3—General) Regulation 1995 is amended as set out in Schedule 7.

12 Amendment of Water (Part 7) Regulation 1996

The Water (Part 7) Regulation 1996 is amended as set out in Schedule

8.

13 Amendment of Water Supply Authorities (Benerembah Irrigation District Environment Protection Trust) Regulation 1996

The Water Supply Authorities (Benerembah Irrigation District Environment Protection Trust) Regulation 1996 is amended as set out in Schedule 9.

14 Amendment of Water Supply Authorities (Broken Hill—General) Regulation 1997

The Water Supply Authorities (Broken Hill—General) Regulation

1997 is amended as set out in Schedule 10.

Page 3

2000 No 748

Clause 15

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

15     Amendment of Water Supply Authorities (Broken Hill—Special Areas) Regulation 1997

The Water Supply Authorities (Broken Hill—Special Areas)

Regulation 1997 is amended as set out in Schedule 11.

16 Amendment of Water Supply Authorities (Broken Hill—Water, Sewerage and Trade Waste) Regulation 1997

The Water Supply Authorities (Broken Hill—Water, Sewerage and Trade Waste) Regulation 1997 is amended as set out in Schedule 12.

17 Amendment of Water Supply Authorities (Finance) Regulation 1996

The Water Supply Authorities (Finance) Regulation 1996 is amended as set out in Schedule 13.

18 Amendment of Water Supply Authorities (Upper Parramatta River Catchment Trust) Regulation 2000

The Water Supply Authorities (Upper Parramatta River Catchment

Trust) Regulation 2000 is amended as set out in Schedule 14.

19 Amendment of Water Supply Authorities (Water Restrictions) Regulation 1999

The Water Supply Authorities (Water Restrictions) Regulation 1999 is amended as set out in Schedule 15.

20     Saving of liability of Goodnight Irrigation Trust

Section 5 of the Irrigation (Amendment) Act 1973 continues to apply to and in respect of the Goodnight Irrigation Trust referred to in that section as if that Act had not been repealed.

21 Notes

The explanatory note does not form part of this Regulation.

Page 4

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Drainage (Elections) Regulation 1995

Schedule 1

Schedule 1

Amendment of Drainage (Elections)

Regulation 1995

(Clause 5)

[1]     Clause 1

Omit “Drainage (Elections) Regulation 1995”.

Insert instead “Water Management (Private Drainage Boards—Elections)

Regulation 1995”.

[2]     Clause 3

Omit the definition of the Act. Insert instead:

the Act means the Water Management Act 2000.

[3]     Clauses 3A and 3B

Insert after clause 3:

3A

Continuation in office of existing members of private irrigation

boards

(1)

Each person who, immediately before 1 January 2001, was a director of a drainage union under the Drainage Act 1939 is taken to have continued in office as a director of the corresponding private drainage board for the residue of the term for which the person was elected.

(2)

This Regulation applies to and in respect of such a person in the same way as it applies to and in respect of a person who is elected to office as a member of a private drainage board on or after 1 January 2001.

3B

Continuation of certain sections of Drainage Act 1939

(1)

Despite the repeal of the Drainage Act 1939, sections 16–29 of that Act apply to and in respect of a private drainage board in the same way as they formerly applied to and in respect of the board of directors of a union under that Act.

Page 5

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 1

Amendment of Drainage (Elections) Regulation 1995

(2) In the sections of the Drainage Act 1939 referred to in

subclause (1):

(a)

any reference to regulations is taken to be a reference to this Regulation, and

(b)

any reference to a prescribed matter is taken to be a reference to a matter prescribed by this Regulation.

(3)

This clause ceases to have effect on 1 September 2001.

[4]     Clause 4

Omit “under section 29 of the Act”.

[5]     Clauses 6 and 7

Omit the clauses.

Page 6

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Drainage (General) Regulation 1995

Schedule 2

Schedule 2

Amendment of Drainage (General)

Regulation 1995

(Clause 6)

[1]     Clause 1

Omit “Drainage (General) Regulation 1995”.

Insert instead “Water Management (Private Drainage Boards—General)

Regulation 1995”.

[2]     Clause 3

Omit the definition of the Act from clause 3 (1). Insert instead:

the Act means the Water Management Act 2000.

[3]     Clause 3 (2)

Omit the subclause.

[4]     Clauses 3A and 3B

Insert after clause 3:

3A

Continuity of existing bodies

Each private drainage board is a continuation of, and the same legal entity as, the drainage union from which it has arisen.

3B

Continuation of certain sections of Drainage Act 1939

(1)

Despite the repeal of the Drainage Act 1939, sections 30 and 31 of that Act apply to and in respect of a private drainage board in the same way as they formerly applied to and in respect of the board of directors of a union under that Act.

(2) In the sections of the Drainage Act 1939 referred to in

subclause (1):

(a)

any reference to regulations is taken to be a reference to this Regulation, and

Page 7

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 2

Amendment of Drainage (General) Regulation 1995

(b)

any reference to a prescribed matter is taken to be a reference to a matter prescribed by this Regulation.

(3)

This clause ceases to have effect on 1 September 2001.

[5]     Clauses 4–7

Omit the clauses.

[6]     Clause 8

Omit “section 45” wherever occurring. Insert instead “section 209”.

[7]     Clauses 14, 15 and 19

Omit the clauses.

[8]     Clause 20

Omit “For the purposes of section 22 (2) of the Act, the”.

Insert instead “The”.

[9]     Schedule 1

Omit the Schedule.

Page 8

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Hunter Valley Flood Mitigation Regulation 1997

Schedule 3

Schedule 3

Amendment of Hunter Valley Flood

Mitigation Regulation 1997

(Clause 7)

[1]     Clause 1

Omit “Hunter Valley Flood Mitigation Regulation 1997”.

Insert instead “Water Management (Hunter Valley Flood Mitigation)

Regulation 1997”.

[2]     Clause 3

Omit the definition of the Act. Insert instead:

the Act means the Water Management Act 2000.

[3]     Clause 5

Omit the clause. Insert instead:

5     Definition of “Hunter Valley”

The land shown by cross-hatched edging on the Departmental Plan is declared to form part of the Hunter Valley for the purposes of Part 2 of Chapter 5 of the Act.

[4]     Clause 6

Omit the clause.

[5]     Clauses 7 and 8

Omit “Constructing Authority” wherever occurring.

Insert instead “Minister”.

[6]     Clause 7

Omit “section 40 (4)”, “section 40 (3)”, “section 39 (4)”, “section 38”,

“section 42 (4)”, “section 39 (2)” and “section 40 (1)”.

Insert instead “section 263 (3)”, “section 263 (1)”, “section “261 (2)”,

“section 260”, “section 265”, “section 261” and “section 262”, respectively.

Page 9

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 3

Amendment of Hunter Valley Flood Mitigation Regulation 1997

[7]     Clause 8

Omit “section 43 (2)”, “section 43 (1)”, “section 38” and “section 43 (1)”. Insert instead “section 266 (1)”, “section 265”, “section 260” and “section 265”, respectively.

Page 10

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Irrigation Corporations (General) Regulation 1995

Schedule 4

Schedule 4

Amendment of Irrigation Corporations

(General) Regulation 1995

(Clause 8)

[1]     Clause 1

Omit “Irrigation Corporations (General) Regulation 1995”.

Insert instead “Water Management (Irrigation Corporations) Regulation

1995”.

[2]     Clause 3

Omit the definition of the Act. Insert instead:

the Act means the Water Management Act 2000.

[3]     Clauses 4, 5 and 5A

Omit the clauses.

[4]     Clause 5B

Omit “the Act”. by clause 11”.

[5]     Clause 6

Omit “the Act” from clause 6 (2). by clause 11”.

[6]     Clause 7

Omit “the Act” from clause 7 (3) (a). by clause 11”.

Page 11

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 4

Amendment of Irrigation Corporations (General) Regulation 1995

[7]     Clauses 9 and 10

Omit the clauses.

[8]     Clause 11

Insert after clause 10:

11 Continuation of Division 3 of Part 4 of Irrigation Corporations Act 1994

(1)

Division 3 of Part 4 of the Irrigation Corporations Act 1994 continues to have effect despite its repeal by Schedule 7 to the Water Management Act 2000.

(2)

This clause ceases to have effect on 1 September 2002.

Page 12

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Private Irrigation Districts (First Elections) Regulation 2000

Schedule 5

Schedule 5

Amendment of Private Irrigation Districts

(First Elections) Regulation 2000

(Clause 9)

[1]     Clause 1

Omit “Private Irrigation Districts (First Elections) Regulation 2000”.

Insert instead “Water Management (Private Irrigation Boards) Regulation

2000”.

[2]     Clause 3

Omit the definitions of election, the Act and zone from clause 3 (1).

Insert instead in alphabetical order:

election means the election of the members of a private

irrigation board referred to in section 143 (3) (d) of the Act.

the Act means the Water Management Act 2000.

zone means:

(a)

a zone of a private irrigation district divided into zones under clause 4 (1), or

(b)

if a private irrigation district is not divided into zones, the private irrigation district.

[3]     Clause 4

Omit “provisional private district” wherever occurring.

Insert instead “private irrigation district”.

[4]     Clause 4

Omit “section 15 (3) (a)” from clause 4 (2) (a).

Insert instead “section 148 (3) (a)”.

[5]     Clause 4 (2) (b)

Omit “section 7 (2) (c)”. Insert instead “section 143 (3) (c)”.

Page 13

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 5

Amendment of Private Irrigation Districts (First Elections) Regulation 2000

[6]     Clauses 5A–5D

Insert after clause 5:

5A

Continuity of existing bodies

Each private irrigation board is a continuation of, and the same legal entity as, the board of management from which it has arisen.

5B

Continuation in office of existing members of private irrigation

boards

(1)

Each person who, immediately before 1 January 2001, was a member of the board of management for a private district under the Private Irrigation Districts Act 1973 is taken to have continued in office as a member of the corresponding private irrigation board for the residue of the term for which the person was elected.

(2)

This Regulation applies to and in respect of such a person in the same way as it applies to and in respect of a person who is elected to office as a member of a private irrigation board on or after 1 January 2001.

5C

Continuationofcertainsectionsof Private IrrigationDistrictsAct

1973

(1)

Despite the repeal of the Private Irrigation Districts Act 1973, sections 17, 18, 19, 20 (2), 21, 22, 23 and 70 of that Act apply to and in respect of a private irrigation board in the same way as they formerly applied to and in respect of the board of management of a private district under that Act.

(2) In the sections of the Private Irrigation Districts Act 1973

referred to in subclause (1):

(a)

any reference to regulations is taken to be a reference to this Regulation, and

(b)

any reference to a prescribed matter is taken to be a reference to a matter prescribed by this Regulation.

(3)

This clause ceases to have effect on 1 September 2001.

Page 14

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Private Irrigation Districts (First Elections) Regulation 2000

Schedule 5

5D

Construction of certain references

(1)

In sections 142, 144, 147, 160, 178 and 181 of the Act, any reference to a water use approval or water supply work approval is taken to be a reference to the corresponding authority, licence or permit in force under Part 2 or 5 of the Water Act 1912.

(2)

This clause ceases to have effect on the commencement of Part

3 of Chapter 3 of the Act.

[7]     Clause 18

Omit “provisional private district”.

Insert instead “private irrigation district”.

Page 15

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 6

Amendment of Water (Part 3—Elections) Regulation 1995

Schedule 6

Amendment of Water (Part 3—Elections)

Regulation 1995

(Clause 10)

[1]     Clause 1

Omit “Water (Part 3—Elections) Regulation 1995”.

Insert instead “Water Management (Private Water Trusts—Elections)

Regulation 1995”.

[2]     Clause 3

Omit the definition of the Act. Insert instead in alphabetical order:

the Act means the Water Management Act 2000. trustee means a member of a private water trust.

[3]     Clauses 4 and 4A

Omit clause 4. Insert instead:

4     Continuation in office of existing members of private water trusts

(1)

Each person who, immediately before 1 January 2001, was a trustee of a trust under Part 3 of the Water Act 1912 is taken to have continued in office as a member of the corresponding private water trust for the residue of the term for which the person was elected.

(2)

This Regulation applies to and in respect of such a person in the same way as it applies to and in respect of a person who is elected to office as a member of a private water trust on or after 1 January 2001.

4A

Continuation of certain sections of Water Act 1912

(1) Despite the repeal of Part 3 of the Water Act 1912, the provisions of Division 4 of that Part apply to and in respect of a private water trust in the same way as they formerly applied to and in respect of the trustees of a trust under that Part.

Page 16

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water (Part 3—Elections) Regulation 1995

Schedule 6

(2)

In the provisions of the Water Act 1912 referred to in subclause

(1):

(a)

any reference to regulations is taken to be a reference to this Regulation, and

(b)

any reference to a prescribed matter is taken to be a reference to a matter prescribed by this Regulation.

(3)

This clause ceases to have effect on 1 September 2001.

[4]     Clause 5

Omit “in accordance with section 45 of the Act” from clause 5 (1).

[5]     Clause 5 (4) (b)

Omit “under section 45 of the Act”.

[6]     Clause 6

Omit the clause.

Page 17

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 7

Amendment of Water (Part 3—General) Regulation 1995

Schedule 7

Amendment of Water (Part 3—General)

Regulation 1995

(Clause 11)

[1]     Clause 1

Omit “Water (Part 3—General) Regulation 1995”.

Insert instead “Water Management (Private Water Trusts—General)

Regulation 1995”.

[2]     Clause 3

Omit the definition of the Act from clause 3 (1).

Insert instead in alphabetical order:

the Act means the Water Management Act 2000. trustee means a member of a private water trust.

[3]     Clause 3 (2)

Omit the subclause.

[4]     Clause 3A

Insert after clause 3:

3A

Continuity of existing bodies

Each private water trust is a continuation of, and the same legal entity as, the trust from which it has arisen.

[5]     Clause 4

Omit the clause.

[6]     Clause 10

Omit “section 55” from clause 10 (1). Insert instead “section 232”.

Page 18

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water (Part 3—General) Regulation 1995

Schedule 7

[7]     Clause 13

Omit “section 55 (3)” from clause 13 (1). Insert instead “section 232 (6)”.

[8]     Clauses 16 and 17

Omit the clauses. Insert instead:

16     Right of private water trust to take and use water (cf section 38B

of Water Act 1912)

(1)

Subject to Division 4B of Part 2 of the Water Act 1912, and to

section 22C of that Act, a private water trust may:

(a)

for the purposes for which it is constituted, and

(b)

for any other purpose authorised by the Water Management Act 2000,

take and use water conserved or obtained bywork administered and management by the trust under Part 4 of Chapter 4 of the Water Management Act 2000.

(2)

This section ceases to have effect on 1 September 2002.

[9]     Schedule 1

Omit the Schedule.

Page 19

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 8

Amendment of Water (Part 7) Regulation 1996

Schedule 8

Amendment of Water (Part 7)

Regulation 1996

(Clause 12)

[1]     Clause 1

Omit “Water (Part 7) Regulation 1996”.

Insert instead “Water Management (Lowbidgee Flood Control and

Irrigation Works) Regulation 1996”.

[2]     Clause 4

Omit “a district or provisional district constituted under Part 7 of the Water

Act 1912” from clause 4 (1).

Insert instead “the Lowbidgee district within the meaning of Part 3 of

Chapter 5 of the Water Management Act 2000”.

[3]     Clause 4

Omit “Ministerial Corporation” wherever occurring.

Insert instead “Minister”.

[4]     Clause 5

Omit the clause.

Page 20

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water Supply Authorities (Benerembah Irrigation District

Schedule 9

Environment Protection Trust) Regulation 1996

Schedule 9

Amendment of Water Supply Authorities

(Benerembah Irrigation District

Environment Protection Trust)

Regulation 1996

(Clause 13)

[1]     Clause 1

Omit “Water Supply Authorities (Benerembah Irrigation District

Environment Protection Trust) Regulation 1996”.

Insert instead “Water Management (Benerembah Irrigation District

Environment Protection Trust) Regulation 1996”.

[2]     Clause 3

Omit the definition of the Act. Insert instead:

the Act means the Water Management Act 2000.

[3]     Clause 5

Omit “section 13 (1)” and “section 28”.

Insert instead “section 289 (1)” and “section 308 (2)”, respectively.

[4]     Clause 6

Omit “section 13 (2)”. Insert instead “section 289 (2)”.

[5]     Clause 6 (b)

Omit “Ministerial Corporation” where firstly occurring.

Insert instead “Minister”.

[6]     Clause 7

Omit “section 30 (2)”. Insert instead “section 310 (2)”.

Page 21

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 9

Amendment of Water Supply Authorities (Benerembah Irrigation District

Environment Protection Trust) Regulation 1996

[7]     Clause 8

Omit “section 32”. Insert instead “section 313”.

[8]     Clause 9

Omit “section 33”. Insert instead “section 314”.

[9]     Clause 9 (b)

Omit the paragraph. Insert instead:

(b)

Murrumbidgee Irrigation Limited’s water allocation to the land.

[10]     Clause 10

Omit “section 34 (1)”. Insert instead “section 315 (1)”.

[11]     Clauses 13, 15 and 19–27

Omit the clauses.

[12]     Clause 18

Omit “Ministerial Corporation” wherever occurring in clause 18 (1).

Insert instead “Minister”.

Page 22

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water Supply Authorities (Broken Hill—General)

Schedule 10

Regulation 1997

Schedule 10 Amendment of Water Supply Authorities

(Broken Hill—General) Regulation 1997

(Clause 14)

[1]     Clause 1

Omit “Water Supply Authorities (Broken Hill—General) Regulation 1997”. Insert instead “Water Management (Broken Hill Water Supply—General) Regulation 1997”.

[2]     Clause 3

Omit the definitions of Board, relevant mining company and the Act.

Insert instead in alphabetical order:

Corporation means Australian Inland Energy Water

Infrastructure.

the Act means the Water Management Act 2000.

[3]     Clauses 4A and 4B

Insert after clause 4:

4A

Construction of references in Division 2 of Part 2 of Schedule 5

to Act

Any reference to the Broken Hill Water Board in Division 2 of Part 2 of Schedule 5 to the Act is taken to be a reference to Australian Inland Energy Water Infrastructure.

4B

Exemption from sections 293, 320 and 321 of Act

Australian Inland Energy Water Infrastructure is exempt from sections 293 (1) (b), 320 and 321 of the Act.

[4]     Clauses 5, 6 and 7

Omit “Board” and “Board’s” wherever occurring.

Insert instead “Corporation” and “Corporation’s”, respectively.

Page 23

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 10

Amendment of Water Supply Authorities (Broken Hill—General)

Regulation 1997

[5]     Clauses 8, 9 and 10

Omit the clauses.

[6]     Clause 11

Omit “section 51”. Insert instead “section 365”.

Page 24

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water Supply Authorities (Broken Hill—Special Areas)

Schedule 11

Regulation 1997

Schedule 11 Amendment of Water Supply Authorities

(Broken Hill—Special Areas)

Regulation 1997

(Clause 15)

[1]     Clause 1

Omit “Water Supply Authorities (Broken Hill—Special Areas)

Regulation 1997”.

Insert instead “Water Management (Broken Hill Water Supply—Special

Areas) Regulation 1997”.

[2]     Clause 3

Omit the definitions of Board, Board land and the Act.

Insert instead in alphabetical order:

Corporation means Australian Inland Energy Water

Infrastructure.

Corporation land means land owned or vested in the

Corporation.

the Act means the Water Management Act 2000.

[3]     Clauses 3, 6, 7, 8, 10, 11, 13–22 and 25

Omit “Board” wherever occurring. Insert instead “Corporation”.

[4]     Clause 4

Omit “section 21 (3) of the Act”.

Insert instead “clause 21 of Schedule 9 to the Act”.

[5]     Clause 12

Omit the definition of pollutant from clause 12 (2). Insert instead:

pollutant means anything that causes pollution within the meaning of the Protection of the Environment Operations Act 1997.

Page 25

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 11

Amendment of Water Supply Authorities (Broken Hill—Special Areas)

Regulation 1997

[6]     Clause 14

Omit the definition of pesticide from clause 14 (2). Insert instead:

pesticide has the same meaning as it has in the Pesticides Act

1999.

[7]     Clause 18

Omit “(within the meaning of the Firearms Act 1989, the Firearms Act

1996 or the Prohibited Weapons Act 1989)” from clause 18 (i).

Insert instead “(within the meaning of the Firearms Act 1996 or the

Weapons Prohibition Act 1998)”.

[8]     Clause 25

Omit “section 23 (1)”. Insert instead “section 304 (1)”.

Page 26

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water Supply Authorities (Broken Hill—Water, Sewerage

Schedule 12

and Trade Waste) Regulation 1997

Schedule 12 Amendment of Water Supply Authorities

(Broken Hill—Water, Sewerage and Trade

Waste) Regulation 1997

(Clause 16)

[1]     Clause 1

Omit “Water Supply Authorities (Broken Hill Water Supply—Water,

Sewerage and Trade Waste) Regulation 1997”.

Insert instead “Water Management (Broken Hill Water Supply—Water,

Sewerage and Trade Waste) Regulation 1997”.

[2]     Clause 3

Omit the definitions of Board, land and the Act.

Insert instead in alphabetical order:

Corporation means Australian Inland Energy Water

Infrastructure.

land means:

(a)

a parcel within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, or

(b)

an existing lot within the meaning of the Conveyancing Act 1919.

the Act means the Water Management Act 2000.

[3]     Clauses 3, 6–29, 31, 32, 34 and 35

Omit “Board” and “Board’s” wherever occurring.

Insert instead “Corporation” and “Corporation’s”, respectively.

[4]     Clause 3, paragraph (j) of definition of “noxious substance”

Omit “Clean Waters Act 1970”.

Insert instead “Protection of the Environment Operations Act 1997”.

Page 27

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 12

Amendment of Water Supply Authorities (Broken Hill—Water, Sewerage

and Trade Waste) Regulation 1997

[5]     Clause 36

Omit “section 51”. Insert instead “section 365”.

Page 28

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water Supply Authorities (Finance) Regulation 1996

Schedule 13

Schedule 13 Amendment of Water Supply Authorities

(Finance) Regulation 1996

(Clause 17)

[1]     Clause 1

Omit “Water Supply Authorities (Finance) Regulation 1996”.

Insert instead “Water Management (Water Supply Authorities—Finance)

Regulation 1996”.

[2]     Clause 3

Omit clause 3 (a). Insert instead:

(a)

Australian Inland Energy Water Infrastructure,

[3]     Clause 4

Insert in alphabetical order:

Authority means a water supply authority,

[4]     Clause 4, definition of “the Act”

Omit the definition of the Act. Insert instead:

the Act means the Water Management Act 2000.

[5]     Clause 5

Omit clause 5 (a). Insert instead:

(a)

Australian Inland Energy Water Infrastructure’s area of operations is the area of land shown cross-hatched on the map marked “Area of Operations of Broken Hill Water Board” deposited in the office of Australian Inland Energy Water Infrastructure, and

[6]     Clause 6

Omit “section 30 (2)”. Insert instead “section 310 (2)”.

Page 29

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 13

Amendment of Water Supply Authorities (Finance) Regulation 1996

[7]     Clause 7

Omit “section 32”. Insert instead “section 313”.

[8]     Clause 8

Omit “section 33” from clause 8 (1). Insert instead “section 314”.

[9]     Clause 10

Omit “section 34 (1)”. Insert instead “section 315 (1)”.

[10]     Clause 14

Omit the clause.

[11]     Clause 19

Omit “Water Supply Authorities Act 1987” from clause 19 (2).

Insert instead “Water Management Act 2000”.

[12]     Clause 30

Omit the clause.

[13]     Part 4

Omit the Part.

[14]     Clause 44

Omit “section 28” from clause 44 (1). Insert instead “section 308 (2)”.

[15]     Clauses 45 and 50–58

Omit the clauses.

[16]     Clause 49

Omit “Ministerial Corporation” wherever occurring in clause 49 (1).

Insert instead “Minister”.

Page 30

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water Supply Authorities (Finance) Regulation 1996

Schedule 13

[17]     Clause 58A

Omit “section 24 (2)”. Insert instead “section 305 (2)”.

[18]     Clause 58B

Omit “section 25”. Insert instead “section 306”.

Page 31

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 14

Amendment of Water Supply Authorities (Upper Parramatta River

Catchment Trust) Regulation 2000

Schedule 14 Amendment of Water Supply Authorities

(Upper Parramatta River Catchment Trust)

Regulation 2000

(Clause 18)

[1]     Clause 1

Omit “Water Supply Authorities (Upper Parramatta River CatchmentTrust)

Regulation 2000”.

Insert instead “Water Management (Upper Parramatta River Catchment

Trust) Regulation 2000”.

[2]     Clause 3

Omit the definition of the Act from clause 3 (1). Insert instead:

the Act means the Water Management Act 2000.

[3]     Clause 4

Omit “section 13 (1)”. Insert instead “section 289 (1)”.

[4]     Clause 5

Omit “section 13 (2) (b)”. Insert instead “section 289 (2) (b)”.

[5]     Clause 6

Omit “section 32”. Insert instead “section 313”.

[6]     Clause 7

Omit “section 33”. Insert instead “section 314”.

[7]     Clause 8

Omit “section 34 (1)”. Insert instead “section 315 (1)”.

Page 32

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Amendment of Water Supply Authorities (Upper Parramatta River

Schedule 14

Catchment Trust) Regulation 2000

[8]     Clauses 11, 17 and 20–28

Omit the clauses.

Page 33

2000 No 748

Water Management (Repeals, Savings and Miscellaneous Amendments)

Regulation 2000

Schedule 15

Amendment of Water Supply Authorities (Water Restrictions)

Regulation 1999

Schedule 15 Amendment of Water Supply Authorities

(Water Restrictions) Regulation 1999

(Clause 19)

[1]     Clause 1

Omit “Water Supply Authorities (Water Restrictions) Regulation 1999”.

Insert instead “Water Management (Water Supply Authorities—Water

Restrictions) Regulation 1999”.

[2]     Clause 2

Omit the definition of the Act. Insert instead:

the Act means the Water Management Act 2000.

[3]     Clause 6

Omit “section 51”. Insert instead “section 365”.

BY AUTHORITY

Page 34

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0