Water Management (General) Amendment (Metering Equipment) Regulation 2011 (NSW)

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2011 No 156

New South Wales

Water Management (General)

Amendment (Metering Equipment)

Regulation 2011

under the

Water Management Act 2000

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

PHILLIP COSTA, MP

Minister for Water

Explanatory note
The object of this Regulation is to amend the Water Management (General) Regulation 2004 as follows:

(a)

to make the Water Administration Ministerial Corporation the owner of metering equipment installed or replaced by it on or after 4 March 2011,

(b) to confer on it the function of modifying metering equipment,

(c)

to confer on it exclusively the functions of maintaining, repairing, modifying, replacing and operating metering equipment installed, modified or replaced by the Corporation after 4 March 2011 or as part of the Hawkesbury Nepean River Recovery Project.

This Regulation is made under the Water Management Act 2000, including sections 372A,

372B and 400 (the general regulation-making power).

Published LW 3 March 2011 Page 1
2011 No 156 Water Management (General) Amendment (Metering Equipment)
Clause 1 Regulation 2011

Water Management (General) Amendment (Metering

Equipment) Regulation 2011

under the

Water Management Act 2000

1      Name of Regulation

This Regulation is the Water Management (General) Amendment
(Metering Equipment) Regulation 2011.

2      Commencement

This Regulation commences on 4 March 2011 and is required to be published on the NSW legislation website.

Water Management (General) Amendment (Metering Equipment) 2011 No 156
Regulation 2011
Amendment of Water Management (General) Regulation 2004 Schedule 1
Schedule 1 Amendment of Water Management
(General) Regulation 2004

Clause 108A

Insert after clause 108:

108A Metering equipment installed by Ministerial Corporation

(1)

The Ministerial Corporation is the owner of metering equipment installed or replaced by the Ministerial Corporation on or after

4 March 2011.

(2) The Ministerial Corporation may exercise the function of modifying metering equipment (whether or not it is the property of the Corporation) but is not to exercise that function to the exclusion of any other person unless the equipment is referred to in subclause (3).
(3) The Ministerial Corporation may exercise the functions specified in section 372A (2) of the Act exclusively in relation to the following metering equipment:
(a) metering equipment installed, modified or replaced by the Ministerial Corporation on or after 4 March 2011,
(b) metering equipment installed, modified or replaced by the Ministerial Corporation before 4 March 2011 pursuant to the Funding Deed dated 15 April 2009 between the Commonwealth of Australia and the New South Wales Government in relation to the Hawkesbury Nepean River Recovery Project.
(4) The provisions of this clause have effect despite anything
contained in section 42 of the Real Property Act 1900.
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