Water NSW Act 2014 (NSW)
An Act to provide for State Water Corporation to become Water NSW and to abolish the Sydney Catchment Authority and transfer its functions to Water NSW; and to repeal and amend certain legislation consequentially.
This Act is the Water NSW Act 2014.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) water storages, water mains, or connected or associated works, or
(b) monitoring devices in, under, over or near any works referred to in paragraph (a), or
(c) any works ancillary or antecedent to any works referred to in paragraph (a) or (b), or
(d) hydro-electric plants or associated infrastructure or works,
and includes anything prescribed by the regulations as being within this definition, but excludes anything prescribed by the regulations as being outside this definition.
(a) its associated gravitation main, concrete reservoirs, reticulation systems and treatment works, and
(b) the pumping station at Oberon, and
(c) all incidental and connected works, and
(d) all additions, amplifications, improvements and extensions to that scheme.
(a) the sea or an arm of the sea,
(b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal,
(c) a river, stream or watercourse, whether tidal or non-tidal,
(d) a building erected on the land.
(a) is entitled to the land for an estate of freehold in possession, or
(b) is a person to whom the Crown has contracted to sell the land under the Crown Land Management Act 2016 or any other Act relating to alienation of land of the Crown, or
(c) is entitled to receive, or receives, or if the land were let to a tenant would receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise,
and, in relation to land of the Crown, means the Crown, but does not include a person who, or a class of persons that, is declared by the regulations as being outside this definition, either generally or in a particular case or class of cases.
(a) a company within the meaning of the Corporations Act 2001 of the Commonwealth, or
(b) a co-operative within the meaning of the Co-operatives National Law (NSW), or
(c) an association incorporated under the Associations Incorporation Act 2009, or
(d) a body prescribed by the regulations as not being a public authority for the purposes of this definition.
(a) water in rivers and lakes, and
(b) water occurring naturally on the surface of the ground, and
(c) sub-surface waters.
(a) any catchment infrastructure works, metering equipment, water storages and other water management works vested in or under the control of Water NSW, and
(b) any other assets of Water NSW of a kind prescribed by the regulations.
In this Act, each of the following terms and expressions has the same meaning as in the Water Management Act 2000—
Subject to subsections (1) and (2), words and expressions used in this Act have the same meanings as they have in the State Owned Corporations Act 1989.
Notes included in this Act do not form part of this Act.
State Water Corporation continues in existence as a corporation constituted by this Act, but with the new corporate name of Water NSW.
Accordingly, Water NSW is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, State Water Corporation.
Schedule 3 to this Act, as originally enacted, amended the State Owned Corporations Act 1989 to provide for Water NSW to continue to be a statutory State owned corporation.
The State Owned Corporations Act 1989 contains a number of provisions that will apply to Water NSW as a statutory State owned corporation. In particular—
(a) Part 3 contains provisions relating to the status of Water NSW, the application of the Corporations Act 2001 of the Commonwealth, the issue of shares to the Treasurer and another Minister, the board of directors, the chief executive officer, the employment of staff, the giving of directions by the portfolio Minister (including directions for the performance of non-commercial activities or the carrying out of public sector policies), the constitution of Water NSW, dividends and tax-equivalent payments, government guarantees, the sale or disposal of assets and the legal capacity and general powers of Water NSW, and
(b) Part 4 deals with the accountability of Water NSW (including statements of corporate intent, annual reports and accounts), and
(c) Part 5 deals with miscellaneous matters (including the duties and liabilities of directors and the application of public sector legislation).
For the purposes of the State Owned Corporations Act 1989, the foundation charter of Water NSW is this Part (but not the remainder of this Act).
Section 3 of the State Owned
Corporations Act 1989 defines the foundation charter of a statutory State owned corporation (
Nothing in this section limits the operation of section 4.
The principal objectives of Water NSW are—
(a) to capture, store and release water in an efficient, effective, safe and financially responsible manner, and
(b) to supply water in compliance with appropriate standards of quality, and
(c) to ensure that declared catchment areas and water management works in such areas are managed and protected so as to promote water quality, the protection of public health and public safety, and the protection of the environment, and
(d) to provide for the planning, design, modelling and construction of water storages and other water management works, and
(e) to maintain and operate the works of Water NSW efficiently and economically and in accordance with sound commercial principles.
The other objectives of Water NSW are as follows—
(a) to be a successful business and, to that end—
(i) to operate at least as efficiently as any comparable business, and
(ii) to maximise the net worth of the State’s investment in Water NSW,
(b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,
(c) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,
(d) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991.
The other objectives of Water NSW are of equal importance, but are not as important as the principal objectives of Water NSW.
Section 20E of the State Owned Corporations Act 1989 does not apply to Water NSW.
Nothing in this section gives rise to, or can be taken into account in, any civil cause of action.
For the purposes of this Act, the
(a) to capture and store water and to release water—
(i) to persons entitled to take the water, including release to regional towns, and
(ii) for any other lawful purpose, including the release of environmental water,
(b) to supply water to the Sydney Water Corporation,
(c) to supply water to water supply authorities and to local councils or county councils prescribed by the regulations,
(d) to supply water to licensed operators and licensed retailers within the meaning of the Water Industry Competition Act 2006,
(e) to supply water to other persons and bodies, but under terms and conditions that prevent the person or body concerned from supplying the water for consumption by others within the State unless the person or body is authorised to do so by or under an Act,
(f) to construct, maintain and operate water management works (including providing or constructing systems or services for supplying water),
(g) to protect and enhance the quality and quantity of water in declared catchment areas,
(h) to manage and protect declared catchment areas and water management works vested in or under the control of Water NSW that are used within or for the purposes of such areas,
(i) to undertake flood mitigation and management,
(j) to undertake research on catchments generally, and in particular on the health of declared catchment areas,
(k) to undertake an educative role within the community.
Water NSW may—
(a) provide facilities or services that are necessary, ancillary or incidental to its listed functions, and
(b) conduct any business or activity (whether or not related to its listed functions) that it considers will further its objectives.
However, the listed functions of Water NSW and its functions under subsection (2)—
(a) may only be exercised under the authority of, and in accordance with, one or more operating licences, and
(b) are subject to any applicable requirements under the Water Management Act 2000 or the Water Act 1912.
Water NSW also has such other functions as may be conferred or imposed on it—
(a) by or under another provision of this Act, or
(b) by or under any other Act or law, or
(c) by an operating licence.
Nothing in this Act requires the authorisation of an operating licence for the exercise of a function that is conferred or imposed on Water NSW by or under another provision of this Act or by or under any other Act or law.
The board of directors of Water NSW is to consist of not fewer than 3, and not more than 8, directors appointed by the voting shareholders.
The voting shareholders are to consult with the portfolio Minister on the persons recommended for appointment as directors.
The person for the time being holding office as chief executive officer of Water NSW is to be a director of the board.
Schedule 8 to the State Owned Corporations Act 1989 and section 20J (subsections (2) and (5) excepted) of that Act apply with respect to the board.
The persons appointed as directors are, between them, to have the necessary expertise, skills and knowledge that will enable Water NSW to meet its objectives.
The chief executive officer of Water NSW is to be appointed by the board after consultation with the voting shareholders and the portfolio Minister.
The board may remove a person from office as chief executive officer, at any time, for any or no reason and without notice, but only after consultation with the voting shareholders and the portfolio Minister.
The chief executive officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine after consultation with the voting shareholders.
The board may, after consultation with the voting shareholders and the portfolio Minister, fix the conditions of employment of the chief executive officer in so far as they are not fixed by or under any other Act or law.
The Government Sector Employment Act 2013 (Part 6 included) does not apply to the chief executive officer.
Clauses 1 and 4 of Schedule 9 to the State Owned Corporations Act 1989 have effect with respect to the chief executive officer.
The provisions of section 20K (2) and (4) of the State Owned Corporations Act 1989 do not apply to the chief executive officer.
The provisions of this section are in addition to, and (except to the extent to which this section provides) do not derogate from, the provisions of the State Owned Corporations Act 1989.
The board may, from time to time, appoint a person to act in the office of chief executive officer during the illness or absence of the chief executive officer.
The board may remove a person from office as acting chief executive officer, at any time, for any or no reason and without notice.
A person, while acting in the office of chief executive officer—
(a) has all the functions of the chief executive officer and is taken to be the chief executive officer, and
(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine.
For the purposes of this section, a vacancy in the office of chief executive officer is regarded as an absence from office of the chief executive officer.
The board is not to appoint a person to act in the office of chief executive officer during any vacancy in that office without the concurrence of the voting shareholders and the portfolio Minister.
The provisions of this section are in addition to, and (except to the extent to which this section provides) do not derogate from, the provisions of the State Owned Corporations Act 1989.
The Governor may, on the recommendation of the portfolio Minister, grant one or more operating licences to Water NSW to authorise it, in accordance with this Act, to carry out the listed functions specified in the licence, and such other functions as may be conferred or imposed on it by the licence, in the areas and circumstances (if any) specified in the licence.
Section 7 (5) provides that nothing in this Act requires the authorisation of an operating licence for the exercise of a function that is conferred or imposed on Water NSW by or under a provision of this Act (other than section 7) or by or under any other Act or law.
If Water NSW is granted more than one operating licence, each operating licence must specify the functions to which it relates and the areas or circumstances (or both) in which those functions may be exercised under the authority of that licence.
Except to the extent to which this Act expressly provides, nothing in an operating licence limits the requirements imposed by or under any other Act or law with respect to the functions referred to in subsection (1).
In this section,
Subject to subsection (2), an operating licence is subject to the terms and conditions determined by the Governor on the recommendation of the portfolio Minister.
The operating licence must include terms or conditions under which Water NSW is required—
(a) in connection with an operating licence that authorises Water NSW to capture, store, release or supply water—
(i) to provide, construct, operate, manage and maintain efficient, co-ordinated and commercially viable systems and services to capture, store, release or supply water, and
(ii) to ensure that the systems and services meet the performance standards specified in the operating licence in relation to water delivery, water quality, service interruptions or any other matters set out in the operating licence, and
(b) in connection with an operating licence that authorises Water NSW to exercise functions with respect to a declared catchment area—to compile indicators of the direct impact of Water NSW’s activities (including, but not limited to, the impact of energy used and waste generated) on the environment so as to provide information about its performance and enable reports to be prepared.
In the case where Water NSW has been granted more than one operating licence, section 11 (2) also requires each operating licence to specify the functions of Water NSW to which the licence relates and the areas or circumstances (or both) in which those functions may be exercised under the authority of that licence.
The terms and conditions of an operating licence are to make provision for the preparation of operational audits by IPART.
The terms and conditions of an operating licence may confer on Water NSW any specified functions of—
(a) the Minister administering the Water Management Act 2000 under that Act or the Water Act 1912, or
(b) the Ministerial Corporation under any Act or law.
A function is not to be conferred under subsection (4) unless the Minister administering the Water Management Act 2000 or the Premier provides his or her concurrence to the conferral of the function.
A function of the Minister referred to in subsection (4) (a) or of the Ministerial Corporation conferred on Water NSW under subsection (4) may also be exercised by the Minister or the Ministerial Corporation (as the case requires) despite that conferral. However, a function may be conferred exclusively on Water NSW if the Minister administering the Water Management Act 2000 or the Premier provides his or her concurrence to the exclusive conferral of the function.
The conferral of functions under subsection (4) has effect according to its tenor.
The Governor, on the recommendation of the portfolio Minister, may—
(a) amend an operating licence (including by adding, altering or omitting functions authorised by the licence or areas or circumstances in which such functions may be exercised under the authority of the licence), or
(b) substitute an operating licence, or
(c) impose, amend or revoke conditions of the operating licence.
The portfolio Minister is to consult with Water NSW before making a recommendation to the Governor under subsection (1).
The term of an operating licence is to be for a maximum of 5 years, as determined by the Governor.
The Governor may renew an operating licence, subject to subsection (1).
An operating licence may be renewed even if its term has expired.
The area of operations of Water NSW is the whole of the State.
However, nothing in this Act authorises or requires Water NSW to exercise any of the following functions except as provided by this section—
(a) a function that is conferred or imposed on the Sydney Water Corporation by or under the Sydney Water Act 1994 with respect to its area of operations,
(b) a function that is conferred or imposed on the Hunter Water Corporation by or under the Hunter Water Act 1991 with respect to its area of operations under that Act,
(c) a function that is conferred or imposed on a water supply authority by or under the Water Management Act 2000 with respect to the area of operations prescribed for it by regulations made under section 289 (1) of that Act.
Subsection (2) (c) does not limit the functions of Water NSW in its capacity as a water supply authority in relation to the Fish River water supply scheme.
Despite subsections (1) and (2), an operating licence may authorise Water NSW—
(a) to carry out any of its functions outside of the State, or
(b) to exercise a function referred to in subsection (2), but only with the agreement of the Corporation or water supply authority concerned (the
relevant body ).
If Water NSW is authorised by an operating licence to exercise any functions of the kind referred to in subsection (4) (b), Water NSW is to obtain the agreement of each relevant body in relation to the exercise of those functions.
Nothing in this section affects the area of operations of the Sydney Water Corporation or Hunter Water Corporation or any water supply authority.
If, in the opinion of the portfolio Minister, Water NSW contravenes an operating licence, the portfolio Minister may cause a notice to be served on Water NSW requiring it to rectify the contravention within a specified period.
If, in the opinion of the portfolio Minister, Water NSW contravenes an operating licence, and whether or not a notice has been served under subsection (1) or the period specified in the notice has ended, the Governor may direct that Water NSW is to pay a monetary penalty of an amount to be determined by the Governor.
The fact that the Governor has directed that action be taken under this section does not prevent the Governor directing that the same or other action under this section be taken if the contravention continues or a fresh contravention occurs.
An operating licence may make provision for advice to be provided to the portfolio Minister in connection with the exercise of the portfolio Minister’s functions under this section.
A penalty imposed under this section may be recovered in any court of competent jurisdiction as if it were a debt due to the State.
IPART may impose a monetary penalty on Water NSW if Water NSW contravenes an operating licence.
IPART may, instead of imposing a monetary penalty, require Water NSW to take such action as IPART considers appropriate in the circumstances, including (for example) requiring the sending of information to customers or the publication of notices in newspapers.
IPART may not require action to be taken under subsection (2) by Water NSW if the cost of that action would exceed the monetary penalty that IPART could impose under this section on Water NSW.
If IPART requires information to be sent to a customer under subsection (2), Water NSW may satisfy that requirement by sending the information to the customer with the next account or bill to be sent to the customer by Water NSW or, if Water NSW is sending other information to that customer before the next account or bill, with that other information.
Action may be taken under this section only if Water NSW has knowingly contravened an operating licence.
The monetary penalty that IPART may impose under this section must not exceed $10,000 for the first day on which the contravention concerned occurs and a further $1,000 for each subsequent day (not exceeding 30 days) on which the contravention continues.
IPART must not take action under this section unless—
(a) IPART has—
(i) considered whether the contravention has been or is likely to be the subject of any other penalty or action or any claim for compensation, and is satisfied that it is nevertheless appropriate to take action under this section, and
(ii) considered the action that Water NSW has taken or is likely to take in respect of the contravention and the cost to Water NSW in taking that action, and is satisfied that it is nevertheless appropriate to take action under this section, and
(b) each of the following procedures have been followed—
(i) notice of the proposed action has been given to Water NSW,
(ii) Water NSW has been given a reasonable opportunity to make submissions with respect to the proposed action,
(iii) IPART has given due consideration to any such submissions.
IPART is required to consider the seriousness of the contravention concerned in determining whether to impose a monetary penalty under this section.
IPART must not take action under this section in respect of a contravention if any action has already been taken under section 16 in respect of the contravention.
Nothing in this section affects any powers under section 16 in respect of a contravention, whether or not IPART has already taken action under this section in respect of the contravention.
A penalty imposed under this section may be recovered in any court of competent jurisdiction as if it were a debt due to the State.
Water NSW, if aggrieved by a decision of IPART to take action under section 17 in relation to Water NSW, may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision.
Section 53 (Internal reviews) of the Administrative Decisions Review Act 1997 does not apply to such a decision of IPART.
An operating licence of Water NSW may be cancelled only in the circumstances specified by this section.
The Governor may cancel an operating licence of Water NSW if Water NSW ceases, otherwise than as authorised by the operating licence, to carry out the functions of Water NSW to which the licence relates in accordance with the operating licence for any reason.
The Governor may cancel any or all of the operating licences of Water NSW if—
(a) Water NSW—
(i) is, in the opinion of the portfolio Minister, in material default in complying with any operating licence, viewed in terms of the operation of the operating licence as a whole, and
(ii) has not, within the time specified by the portfolio Minister in a notice to Water NSW, either rectified the default or shown cause, to the satisfaction of the portfolio Minister, why the operating licence should not be cancelled, or
(b) Water NSW has been convicted on more than 3 occasions within a period of 12 months of offences that are punishable by a fine of at least $10,000 or, if Water NSW were a natural person, imprisonment for 12 months or more.
A notice under section 16 (1) can also be regarded as a notice for the purposes of subsection (3) (a) (ii).
If an operating licence is cancelled under this section, the Governor may, by order published in the Gazette, transfer to the Ministerial Corporation, the State or a public or local authority (as specified in the order), from a date specified in the order, such of the assets and rights of Water NSW that are specified in the order and that, in the opinion of the portfolio Minister, are necessary to enable the Ministerial Corporation, the State or the public or local authority to exercise such of the functions exercisable (or formerly exercisable) by Water NSW as appear to be necessary in the public interest.
An order under this section may provide for—
(a) the Ministerial Corporation, the State or a public or local authority to assume those liabilities of Water NSW that the Governor considers appropriate and specifies in the order, or
(b) the Ministerial Corporation, the State or a public or local authority to pay the whole or any part of the liabilities of Water NSW.
Schedule 1 applies to any transfer of assets, rights or liabilities under this section.
In this Division—
(a) the Environment Protection Authority and the Secretary of the Ministry of Health, and
(b) the Chief Executive of the Office of Environment and Heritage, the Secretary of the Department, local councils, county councils, and any persons, bodies or agencies for the time being nominated by order of the portfolio Minister communicated to Water NSW.
Water NSW is required to enter into memoranda of understanding respectively with the regulatory agencies referred to in paragraph (a) of the definition of
A memorandum of understanding is to be of the nature referred to in an operating licence.
A memorandum of understanding is to be reviewed, and amended or replaced, at such times and in such circumstances as are agreed on between Water NSW and the regulatory agency concerned or as are determined by the portfolio Minister.
If Water NSW and a regulatory agency are not able to enter into, or agree on a term of, a memorandum of understanding, the memorandum is to be entered into in accordance with the procedures determined by the Premier or is taken to be entered into in such terms as are determined by the Premier.
The portfolio Minister may, from time to time, direct Water NSW to enter into memoranda of understanding with such regulatory agencies referred to in paragraph (b) of the definition of
The portfolio Minister may specify the matters to be dealt with in a memorandum of understanding and the period (not more than 6 months from the date of the direction) within which the memorandum is to be entered into.
A memorandum of understanding is to be reviewed, and amended or replaced, at such times and in such circumstances as are agreed on between Water NSW and the regulatory agency concerned or as are determined by the portfolio Minister.
If Water NSW and a regulatory agency are not able to enter into, or agree on a term of, a memorandum of understanding, the memorandum is to be entered into in accordance with the procedures determined by the Premier or is taken to be entered into in such terms as are determined by the Premier.
Water NSW must give notice of the preparation of each memorandum of understanding to which it is a party.
The notice is to be given in a manner that the regulatory agency concerned is satisfied is likely to bring the notice to the attention of members of the public in the area of operations of Water NSW and must—
(a) specify the address of the place at which copies of the memorandum of understanding may be inspected, and
(b) specify the address to which representations concerning the memorandum of understanding may be forwarded.
Any person may, within 30 days or such longer period as may be specified in the notice, make representations to Water NSW and to the regulatory agency concerned about the memorandum of understanding.
Water NSW and each regulatory agency must, on the expiration of the period referred to in subsection (3), and before entering into the memorandum of understanding, consider any representations made under this section.
Notice of the execution of a memorandum of understanding is to be published in the Gazette and in a manner that the regulatory agency concerned is satisfied is likely to bring the notice to the attention of members of the public in the area of operations of Water NSW within 14 days after the execution.
The requirements of this section apply to an amendment to a memorandum of understanding in the same way as they apply to a memorandum of understanding.
This section applies only to—
(a) water storages and pipelines of Water NSW that were water storages and pipelines of the Sydney Catchment Authority to which section 21A of the Sydney Water Catchment Management Act 1998 applied immediately before its repeal, and
(b) water storages and pipelines of Water NSW (or water storages and pipelines of Water NSW of a kind) prescribed by the regulations.
Subject to its operating licences, Water NSW has control over all water in water storages or pipelines to which this section applies.
Water in these water storages or pipelines is available for supply by Water NSW.
Water NSW may enter into an arrangement with any person to permit that person to draw or take water from these water storages or pipelines.
Water NSW is required to enter into arrangements with the Sydney Water Corporation regarding the supply of water by Water NSW to the Sydney Water Corporation.
The matters with which the arrangements are to deal are to include the following—
(a) the standard of quality of the water supplied,
(b) the continuity of water supply,
(c) the maintenance of adequate reserves of water by Water NSW,
(d) subject to this Division, the cost to be paid by the Sydney Water Corporation for the supply of water to it.
The arrangements may be amended or replaced from time to time.
The Treasurer is to be consulted about the terms of the arrangements, including amendments and replacements, before their finalisation.
The terms of the arrangements, including amendments and replacements, have no effect unless or until approved by the portfolio Minister.
The arrangements are to be reviewed as required by—
(a) the terms of the arrangements, or
(b) the terms of an operating licence, or
(c) the portfolio Minister.
The arrangements are to be amended or replaced at times specified by—
(a) the terms of the arrangements, or
(b) the terms of an operating licence, or
(c) the portfolio Minister.
The provisions of section 23 (Public exhibition of memoranda of understanding) apply, with the necessary modifications, to arrangements under this section in the same way as they apply to memoranda of understanding.
Nothing in this Division limits the matters that may be included in an operating licence or limits the terms of an operating licence.
Water NSW and the Sydney Water Corporation are required to enter into negotiations for the purpose of entering into, amending or replacing the arrangements as and when required by or under this Division.
If it appears to the Premier that negotiations are unable to be finalised, the arrangements are to be entered into, amended or replaced in accordance with the procedures determined by the Premier or are taken to be entered into, amended or replaced in such terms as are determined by the Premier.
An arrangement under this Division is not to be entered into, amended or replaced except after consultation with IPART and after IPART has provided a report on the proposed arrangement or amendment to the portfolio Minister, Water NSW and the Sydney Water Corporation.
In providing such a report, IPART is to take into consideration any public submissions made under the provisions applied by section 25 (8).
IPART may investigate the adequacy and operation of the arrangements under this Division at any time, and may provide a report on any aspect of the arrangements, or their adequacy or operation, to the portfolio Minister.
The portfolio Minister is to table the report (or cause it to be tabled) in both Houses of Parliament within one month after the Minister receives the report.
Without limiting the generality of any provisions of the Independent Pricing and Regulatory Tribunal Act 1992, the supply of water by Water NSW to the Sydney Water Corporation is capable of being declared to be a government monopoly service within the meaning of that Act.
The provisions of this Division and of the arrangements have effect subject to the Independent Pricing and Regulatory Tribunal Act 1992.
The portfolio Minister may, with the concurrence of the voting shareholders, by order in writing, transfer to Water NSW such of the assets, rights and liabilities of the Ministerial Corporation, the State or a public or local authority as are specified or referred to in the order.
The portfolio Minister may, with the concurrence of the voting shareholders, by order in writing, transfer to the Ministerial Corporation or to any other person or body on behalf of the State such of the assets, rights and liabilities of Water NSW, as are specified or referred to in the order.
The portfolio Minister is not to make an order under subsection (1) or (2) unless the relevant person or body from whom, or to whom, the assets, rights or liabilities are to be transferred has consented to the transfer.
The fee simple in land that comprises the bed of any river, lake or estuary is not to be transferred to Water NSW under this section unless the Minister administering the Crown Land Management Act 2016 has been consulted in relation to the transfer.
Subsection (4) does not prevent the transfer to Water NSW of the ownership of any works installed in or on the bed of any river, lake or estuary.
An order under this section may be made on such terms and conditions as are specified in the order.
Schedule 1 applies to any transfer of assets, rights or liabilities by an order under this section.
Section 20C of the State Owned Corporations Act 1989 does not apply to the transfer of assets, rights or liabilities to Water NSW.
This section operates concurrently with Part 6-3A of the Fair Work Act 2009 of the Commonwealth which provides that certain terms and conditions of employment of a State public sector employee are transferred when the employee is transferred to the employment of a national system employer such as Water NSW.
The Minister may, by order in writing, transfer to Water NSW any person employed in the Department who is designated by the Secretary of the Department to be a person required for the purposes of enabling Water NSW to exercise its functions (a
A transfer under this section does not require the consent of the transferred employee.
On the day specified in the order (the
(a) the employment of the transferred employee in the Public Service is terminated, and
(b) the transferred employee becomes an employee of Water NSW.
On and from the transfer day for a transferred employee—
(a) the transferred employee is entitled to continue as a contributor, member or employee for the purposes of any superannuation scheme in respect of which the transferred employee was a contributor, member or employee (as an employee in the Public Service) immediately before the transfer day and remains so entitled subject to any variation to that entitlement made either by agreement or otherwise in accordance with law, and
(b) Water NSW is taken to be an employer for the purposes of any superannuation scheme in respect of which the transferred employee continues as a contributor, member or employee pursuant to an entitlement under this section, and
(c) the continuity of the transferred employee’s contract of employment is taken not to have been broken by the transfer of employment, and service of the employee in the Public Service (including service deemed to be service with Water NSW) that is continuous service up to the time of transfer is taken for all purposes to be service with Water NSW, and
(d) the transferred employee retains any rights to sick leave, annual leave or extended or long service leave accrued or accruing immediately before the transfer day (except accrued leave for which the employee has, on ceasing to be employed in the Public Service, been paid the monetary value in pursuance of any other entitlement of the employee).
A transferred employee is not entitled in respect of the same period of service to claim a benefit under this section and another law or instrument.
The Secretary of the Department may, in connection with the transfer of a transferred employee’s employment under this section, give a certificate in writing as to the extent of the accrued rights to annual leave, sick leave or extended or long service leave that are retained by the employee under this section, and such a certificate is evidence of the matters certified.
In the event that Part 6-3A of the Fair Work Act 2009 of the Commonwealth does not apply to a transferred employee, Water NSW is nevertheless required to provide the transferred employee with the same entitlements to which the employee would have been entitled under that Part had it applied to the employee.
The following provisions apply in relation to the transfer of a transferred employee’s employment under this section—
(a) the transfer has effect despite the Government Sector Employment Act 2013, the Industrial Relations Act 1996 or any other law, contract or instrument under a law,
(b) the termination of the employee’s employment in the Public Service by operation of this section does not preserve, or give rise to, any entitlements or rights other than those provided for by the Fair Work Act 2009 of the Commonwealth and this section,
(c) the transferred employee is not entitled to any payment or other benefit by reason only of having ceased to be an employee in the Public Service as a result of the transfer,
(d) the Crown is not required to make any payment to the transferred employee in relation to the transferred employee’s accrued rights in respect of annual leave, sick leave or extended or long service leave,
(e) the transfer does not affect the transferred employee’s appointment (if any) under section 390 of the Water Management Act 2000 as an authorised officer for the purposes of that Act.
Water NSW is the owner of all works installed by, vested in or transferred to Water NSW in or on any land (including the bed of any river, lake or estuary) whether or not the land is owned by Water NSW.
Water NSW may, subject to this and any other Act or law and for purposes consistent with its objectives—
(a) build and install works, and
(b) operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that are necessary or appropriate to any of its works, and
(c) sell, demolish or otherwise deal with any of its works.
Part 3 and section 91 (b) and (c) of the Public Works and Procurement Act 1912 do not apply in respect of works owned by Water NSW.
The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
Water NSW may acquire land (including an interest in land) for the purposes of this Act.
Other purposes for which land may be acquired under this section include the purposes of a future sale, lease or disposal, that is, to enable Water NSW to exercise its functions in relation to land under this Act.
Land that Water NSW is authorised to acquire under this section may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
For the purposes of the Public Works and Procurement Act 1912—
(a) an acquisition in accordance with this section is taken to be for an authorised work, and
(b) Water NSW is, in relation to that work, taken to be the Constructing Authority, and
(c) Part 3 and section 91 (b) and (c) of that Act do not apply in respect of that work.
Water NSW may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of this or any other Act, without the approval of the portfolio Minister.
Any such acquisition is not void merely because it is expressed to be for the purposes of Water NSW or for the purposes of this Act.
Water NSW may, if an operating licence so provides, operate, replace, repair, maintain, remove, connect, disconnect or modify metering equipment that Water NSW does not own.
Water NSW may from time to time test any metering equipment that it owns or any other metering equipment in respect of which it exercises functions under this section.
The regulations may provide that Water NSW is, or is not, to exercise any of its functions with respect to the operation, replacement, repair, maintenance, removal, connection, disconnection or modification of metering equipment under section 29 or this section to the exclusion of any other person and may limit the exercise of any of those functions to—
(a) specified water sources or classes of water sources, or
(b) a specified area, or
(c) specified access licences or approvals or classes of access licences or approvals for specified areas, or
(d) specified works or classes of works.
The functions conferred by section 29 and this section in respect of metering equipment are in addition to any functions conferred on Water NSW under the Water Management Act 2000 or the Water Act 1912 in relation to water management works or other works.
The conferral of functions by section 29 and this section in respect of metering equipment, and any regulations under this section, have effect despite any other provision of the Water Management Act 2000 or the Water Act 1912.
A direction under section 326 of the Water Management Act 2000, or a condition of an access licence or approval under that Act, ceases to have effect during any period that the exercise of a function is conferred exclusively on Water NSW by or under section 29 or this section, if the direction or condition requires the exercise of, or relates to the exercise of, that function.
Subsections (5) and (6) do not apply to a direction given to Water NSW or an access licence or approval held by Water NSW.
Subsection (6) does not affect the operation of, or enforcement of, a direction under section 326 of the Water Management Act 2000 or a condition of an access licence or approval in relation to any period before the direction or condition ceased to have effect.
In this section,
Water NSW may, by its employees and agents, enter and occupy land for any one or more of the following purposes—
(a) to read any of its metering equipment (including metering equipment in respect of which Water NSW has functions because of section 31),
(b) to operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that Water NSW considers are necessary or appropriate to any of its works,
(c) to construct new works and, for these purposes, to carry out any work on, below or above the surface of the land,
(d) to ascertain the character and condition of the land to enable Water NSW to operate, repair, replace, maintain, remove, extend, expand, connect, disconnect or improve, or do any other thing to, Water NSW’s systems and services for the purposes of carrying out the terms and conditions of its operating licences,
(e) if pollution of water is occurring in a declared catchment area or in water that is captured, stored, released or supplied by Water NSW—to find the source of the pollution and, for this purpose, to dig up and remove material from the land,
(f) in exercise of any of Water NSW’s functions—
(i) to divert water from, or alter the course of, a stream, and
(ii) to impound or take water on, in or under the surface of the land.
The power conferred by subsection (1) (a) is sufficient authority for an employee or agent to enter and occupy land (except an enclosed part occupied as a separate dwelling) during daylight unless the employee or agent is refused access by the lawful occupier of the land.
Water NSW may remove or use anything dug up or obtained in the exercise of its powers under this section.
Reasonable force may be used to enter land (but not a dwelling-house) under this section.
Water NSW must not exercise the powers conferred by subsection (1) (b), (c), (d), (e) or (f) unless—
(a) reasonable notice in writing of its intention to do so has first been given to the landholder of the land, building or dwelling-house, or
(b) it authorises the entry after forming the opinion that the giving of the notice would cause undue delay.
If the powers of entry under subsection (1) (b), (c), (d), (e) or (f) are exercised without notice being given or by force, Water NSW must, without delay, notify such persons as it considers appropriate of the action taken.
Nothing in this section limits any powers of entry that Water NSW may have apart from this section (including, without limitation, any powers it may have under sections 296 and 297 of the Water Management Act 2000 in its capacity as the water supply authority for the Fish River water supply scheme or in any other capacity).
Water NSW may, on giving reasonable notice to persons likely to be affected and for the purpose of exercising its functions under this or any other Act, open and break up—
(a) the soil and pavement of a public road or public reserve, and
(b) any sewer, drain or tunnel in or under a public road or public reserve.
The statutory body having the control and management of a public road or public reserve may, as prescribed by the regulations, require Water NSW to comply with conditions in exercising its powers under subsection (1), including conditions for restoration of the surface and removal of rubbish.
If a public road or public reserve is damaged by a leakage from, or a bursting of, Water NSW’s water main, the statutory body having the control and management of the public road or public reserve may require Water NSW to make good the damage without delay.
If Water NSW fails—
(a) to comply with a condition in force under subsection (2), or
(b) to comply with a requirement under subsection (3),
the statutory body affected by the failure may remedy it and recover the cost of doing so in a court of competent jurisdiction as a debt owed to the statutory body by Water NSW.
Water NSW may serve on a person a notice in writing that complies with subsection (2) if—
(a) Water NSW, in order to exercise its functions, needs an alteration to be made in the position of a conduit owned by the person, and
(b) the alteration would not permanently damage the conduit or adversely affect its operation.
A notice must—
(a) specify the alteration needed, and
(b) require the alteration to be made within a reasonable time stated in the notice, and
(c) include an undertaking by Water NSW to pay the reasonable cost of the alteration.
If the alteration is not made as required by the notice, Water NSW may make the alteration in such a manner as not to damage the conduit permanently or adversely affect its operation on completion of the alteration.
Water NSW may, for the purposes of subsection (3), exercise any powers of the person on whom the notice was served, in addition to or instead of any powers of Water NSW.
Except as provided by subsection (4), this section does not confer on Water NSW or the owner of the conduit any additional powers of entry or powers to carry out works than would be available apart from this section.
In this section—
Water NSW may—
(a) authorise devices for generating electricity from water released in the exercise of Water NSW’s functions under this Act to be placed on or in any of its water management works, and
(b) install and use devices placed on or in any of its water management works to generate and supply electricity.
If a person places a structure or other thing in or near any of the water management works of Water NSW in such a manner as to interfere with the work, Water NSW may—
(a) demolish and remove the structure or other thing, and
(b) repair the work, and
(c) recover the cost of doing so in a court of competent jurisdiction as a debt owing to Water NSW by the person who placed the structure or other thing there.
Water NSW may apply for and obtain an injunction to prevent a structure or other thing being placed as referred to in subsection (1).
A person—
(a) must not wilfully or negligently destroy, damage or interfere with any water management works of Water NSW, or
(b) must not open up ground to expose any water management work of Water NSW without reasonable excuse, or the consent of Water NSW, and without giving Water NSW at least 2 days’ written notice of intention to open the ground unless that requirement is waived by Water NSW.
Maximum penalty—
(a) in the case of a corporation—400 penalty units, or
(b) in the case of an individual—200 penalty units.
Water NSW, in exercising its functions under this Part, is to do as little damage as practicable and is, subject to this Part, to compensate all persons who suffer damage by the exercise of its functions.
Compensation may be made by reinstatement, repair, construction of works or payment.
A claim for compensation—
(a) is ineffective unless made in writing not later than 6 months after the damage was suffered, and
(b) in the absence of agreement on the compensation, must be dealt with as if it were a claim for compensation for the acquisition of land for public purposes under the Public Works and Procurement Act 1912.
Without limiting section 36, a person who, without the consent of Water NSW, carries out any activity that causes destruction of, damage to or interference with any work owned by Water NSW in circumstances in which the person should have known that the destruction, damage or interference would result from the carrying out of the activity, is liable to compensate Water NSW for all loss or damage suffered by Water NSW as a result.
Water NSW is not entitled to compensation both under this section and another provision of this Act for the same destruction, damage or interference.
A reference in this section to a person extends to any person—
(a) who caused the carrying out of the activity, or
(b) by whose order or direction the activity was carried out, or
(c) who aided, assisted, counselled or procured the carrying out of the activity.
Water NSW may proceed against a person for recovery of its loss or compensation for its damage under this section whether or not Water NSW has proceeded against the person principally responsible for the loss or damage or any other person involved in the carrying out of the activity that caused the loss or damage.
Water NSW may impose fees and charges on any person to whom Water NSW provides a service in the exercise of its functions, including any person to whom Water NSW makes water available.
Water NSW may impose different fees and charges according to specified factors or circumstances.
Any fee or charge imposed under this section is taken to be a debt due to Water NSW and is recoverable in a court of competent jurisdiction.
A fee or charge levied under this Act on the holder of an access licence (within the meaning of the Water Management Act 2000) and any costs awarded to Water NSW by a court in proceedings to recover the fee or charge are a charge on the access licence and may be registered in accordance with the Water Management Act 2000.
However, Water NSW may not impose a fee or charge under this section for the provision of any service whose cost is determined or regulated under any arrangement, operating licence, memorandum of understanding or other instrument under this Act.
For example, arrangements between Water NSW and the Sydney Water Corporation made under section 25 regarding the supply of water to the Sydney Water Corporation are required to make provision for the cost of the supply of such water (subject to the role of IPART under Division 7 of Part 2).
The Governor may, by order published in the Gazette, declare an area of land specified in the order to be, or to be part of, a declared catchment area of Water NSW.
The Governor may, by the same order or by a subsequent order published in the Gazette, declare a specified part of a declared catchment area of Water NSW to be the inner catchment area or outer catchment area of the declared catchment area.
The Sydney catchment area must not be reduced in size, and an order revoking the declaration of the Sydney catchment area as a declared catchment area must not be made, unless authorised by an Act of Parliament.
The Minister—
(a) must appoint a public authority or other person to be
the appointed person to carry out functions under this section in relation to the Sydney catchment area, and(b) may appoint a public authority or other person to be
the appointed person to carry out functions under this section in relation to any other declared catchment area.
The appointed person must develop and approve catchment health indicators of the catchment health of the declared catchment area.
The appointed person must publish the approved catchment health indicators in the Gazette.
Those indicators may be amended or replaced in the same way as they were originally developed, approved and published.
The Minister—
(a) must appoint a public authority or other person to be the
appointed auditor to carry out functions under this section in relation to the Sydney catchment area, and(b) may appoint a public authority or other person to be the
appointed auditor to carry out functions under this section in relation any other declared catchment area.
The appointed auditor must—
(a) conduct an audit (a
catchment audit ) of the catchment health of the declared catchment area, and(b) present a report on that audit to the Minister.
The catchment audit must assess the state of the declared catchment area having regard to the catchment health indicators approved under section 41 for the area, as in force at the time of the assessment.
A catchment audit for the Sydney catchment area must be conducted, and a report presented to the Minister on that audit (the
A catchment audit for a declared catchment area other than the Sydney catchment area must be conducted, and a report presented to the Minister, within the period specified by the Minister.
The Minister is to table the report (or cause it to be tabled) in both Houses of Parliament within one month after the Minister receives the report.
The Minister is to forward a copy of the report of a catchment audit to Water NSW as soon as practicable after the report is received.
Water NSW must evaluate the findings of a catchment audit, as stated in the report of the catchment audit, to the extent to which they relate to the activities of Water NSW and risks to water quality in the declared catchment area to which the catchment audit relates.
Water NSW must incorporate the findings of a catchment audit, to the extent to which they relate to the activities of Water NSW and water quality, into—
(a) Water NSW’s risk framework, and
(b) Water NSW’s programs and activities relating to catchment management.
This section must be complied with within 6 months after the catchment audit report is received by the Minister.
If a catchment audit has been conducted under this Division for a declared catchment area, Water NSW must report to the Minister on Water NSW’s progress to achieve improvements in catchment health, to prevent degradation of existing catchment health and to maintain existing catchment health, having regard to the findings of the audit.
Such a report must be provided within 2 years after the catchment audit report is received by the Minister.
Nothing in this Division prevents—
(a) an operating licence from including terms and conditions relating to Water NSW’s activities (including, but not limited to, Water NSW’s catchment management functions) or requiring reports on those activities, or
(b) IPART from recommending to the Minister that an operating licence include terms and conditions relating to Water NSW’s catchment management functions or requiring reports on those functions.
In this Division—
(a) the Minister, and
(b) if the Minister is not the Minister for the Environment—the Minister for the Environment.
The Governor may, on the recommendation of the Minister, by order published in the Gazette, declare an area of land specified in the order to be a special area.
The Minister is not to recommend the making of such an order unless the Minister certifies that the Minister is satisfied that the making of the order is necessary for either or both of the following purposes—
(a) protecting the quality of stored waters, whether intended for use for drinking or other purposes,
(b) maintaining the ecological integrity of an area of land to be declared to be a special area in a manner that is consistent with Water NSW’s objectives.
The Minister must cause a copy of an order made under this section, including an order amending an order, to be tabled in each House of Parliament within 14 sitting days of that House after the order has been published in the Gazette.
A special area must not be reduced in size, and an order declaring an area of land to be a special area must not be repealed, unless authorised by an Act of Parliament.
The Governor may, on the recommendation of the Minister, by order published in the Gazette, declare that the order declaring an area of land at Woodford to be a special area (being an order published in Gazette No 45 of 15 March 1991 at page 2186) is repealed on the date specified in the later order.
Water NSW must not alienate, mortgage, charge or demise land in a special area that is owned by or vested in Water NSW unless—
(a) to or in favour of the Minister administering the National Parks and Wildlife Act 1974 (at no cost to that Minister), or
(b) authorised by an Act of Parliament.
Nothing in subsection (1) operates—
(a) to extinguish or otherwise affect any existing lease or other interest in the land in a special area, or
(b) to prevent the renewal of any such lease or other interest, or
(c) to prevent the grant of a lease or other interest in the land in accordance with any plan of management prepared in relation to the land under this Act.
Action may not be taken under the Crown Land Management Act 2016 in relation to land in a special area unless the Regulatory Authority has given approval in writing and any conditions to which the approval is subject are complied with.
The Regulatory Authority may, in a special area, exercise the functions of a statutory land manager within the meaning of the Crown Land Management Act 2016 that has been appointed as a Crown land manager of dedicated or reserved Crown land under that Act without being appointed as such.
A public agency may not, in relation to land within a special area, exercise functions other than functions under this Act unless notice is first given to the Regulatory Authority in the way prescribed by the regulations.
On receiving a notice referred to in this section, the Regulatory Authority may make such representations to the public agency as the Regulatory Authority thinks fit.
A public agency may not exercise functions contrary to any such representations unless, before the exercise of the functions, not less than 28 days’ notice has been given to the Regulatory Authority of the functions intended to be exercised.
If a public agency has functions with regard to a development application or an application for a complying development certificate relating to land within a special area to which an environmental planning instrument applies, the forwarding of the application or a copy of it to the Regulatory Authority, whether by the public agency or the applicant, is taken also to be the giving of notice for the purposes of this section.
This section does not apply to a public agency’s functions with regard to the making of an environmental planning instrument in relation to land within a special area.
This section does not apply to a public agency’s functions with regard to a development application if an environmental planning instrument applying in the special area prevents the development application from being determined by the granting of consent without the concurrence of the Regulatory Authority.
The regulations may make provision about special areas, including the following—
(a) the regulation and prohibition of the following—
(i) the extraction, use, pollution or contamination of waters within the areas,
(ii) the pollution or contamination of land within the areas,
(iii) access to, or the use of, the areas,
(iv) other conduct in relation to the areas,
(b) the circumstances and way in which Water NSW may regulate, prohibit or consent to conduct referred to in paragraph (a)(i)–(iv),
(c) the functions of authorised officers and the Regulatory Authority in relation to the areas,
(d) directions given by authorised officers, including directions given to persons about the following—
(i) conduct referred to in paragraph (a)(i)–(iv), including directing persons to leave an area,
(ii) the removal or disposal of animals, substances and other things,
(iii) the surrender of property, including stock or other animals and things,
(iv) the inspection of things for, or the investigation of, contraventions or suspected contraventions of this Act or the regulations,
(e) the removal of persons by authorised officers and the use of reasonable force,
(f) the removal, impoundment, disposal or sale, by authorised officers, of property, including stock or other animals and things, not authorised to be, or unlawfully, in the areas,
(g) the persons liable for costs incurred by authorised officers for matters referred to in paragraph (f) and the recovery of the costs by Water NSW,
(h) the fees and charges, or the imposition of fees and charges by Water NSW, for access to, or the use of, the areas,
(i) the waiver or refund of fees and charges.
A regulation made under this division prevails to the extent of an inconsistency with an instrument made under another Act, other than a State environmental planning policy made under the Environmental Planning and Assessment Act 1979.
In exercising functions under the regulations for this section, an authorised officer must not direct an owner, or lawful occupier, of land in a way that would limit the owner’s or occupier’s access to the land, or remove the owner or occupier from the land, unless the direction or removal is—
(a) in accordance with guidelines made by the Minister and published in the Gazette, and
(b) for the purpose of managing and protecting the areas, and water management works within the areas, so as to promote at least 1 of the following—
(i) water quality,
(ii) the protection of public health or public safety,
(iii) the protection of the environment.
Subsection (3) does not limit Part 6.
The joint sponsors are jointly required to cause a plan of management to be prepared for each special area as soon as practicable after it has been declared to be a special area.
When a plan of management has been prepared, the joint sponsors must give notice of the plan in a manner that the joint sponsors are satisfied is likely to bring the notice to the attention of members of the public and must, in that notice—
(a) specify the address of the place at which copies of the plan of management may be inspected, and
(b) specify the address to which representations concerning the plan of management may be forwarded.
Any person may, within 30 days or such longer period as may be specified in the notice, make representations to the joint sponsors concerning the plan of management.
The joint sponsors must, on the expiration of the period referred to in subsection (3), and before adopting the plan of management, consider any representations made under this section.
The joint sponsors may adopt the plan of management without alteration or with such alterations as the joint sponsors think fit having regard to the representations made under this section.
The joint sponsors may—
(a) amend or alter a plan of management from time to time, or
(b) cancel a plan of management, or
(c) cancel a plan of management and substitute a new plan.
Before doing any of the things referred to in subsection (6), the joint sponsors may consult with any person or body (including persons or bodies other than the joint sponsors) that the joint sponsors think fit.
Subsections (2)–(4) apply to an amendment or alteration of a plan of management in the same way as they apply to a plan of management.
A plan of management adopted under this Act for a special area must be carried out and given effect to by the joint sponsors.
Subject to the requirements of any other Act or any instrument under any other Act, no operations are to be undertaken by the joint sponsors in relation to the lands within the special area unless the operations are in accordance with the plan.
The joint sponsors (together or individually) may engage such contractors (including government agencies) as may be necessary or convenient to assist them in carrying out and giving effect to the plan.
The Governor may, on the recommendation of the Minister, by order published in the Gazette, declare an area of land specified in the order to be a controlled area.
An order under this section applies to land only while it is owned by or vested in Water NSW.
The regulations may make provision about controlled areas, including the following—
(a) the regulation and prohibition of the following—
(i) extraction, use, pollution or contamination of waters within the areas,
(ii) pollution or contamination of land within the areas,
(iii) access to, or the use of, the areas,
(iv) other conduct in relation to the areas,
(b) the circumstances and way in which Water NSW may regulate, prohibit or consent to conduct referred to in paragraph (a)(i)–(iv),
(c) the functions of authorised officers and the Regulatory Authority in relation to the areas,
(d) directions given by authorised officers, including directions given to persons about the following—
(i) conduct referred to in paragraph (a)(i)–(iv), including directing persons to leave an area,
(ii) the removal or disposal of animals, substances and other things,
(iii) the surrender of property, including stock or other animals and things,
(iv) the inspection of things for, or investigation of, contraventions or suspected contraventions of this Act or the regulations,
(e) the removal of persons by authorised officers and the use of reasonable force,
(f) the removal, impoundment, disposal, or sale, of property, including stock or other animals and things, not authorised to be, or unlawfully, in the areas, by authorised officers,
(g) the persons liable for costs incurred by authorised officers for matters referred to in paragraph (f) and the recovery of the costs by Water NSW,
(h) the fees and charges, or the imposition of fees and charges by Water NSW, for access to, or use of, the areas,
(i) the waiver or refund of fees or charges.
A regulation made under this division prevails to the extent of an inconsistency with an instrument made under another Act, other than a State environmental planning policy made under the Environmental Planning and Assessment Act 1979.
The regulatory functions of IPART under this Act are as follows—
(a) the function of making recommendations under subsection (2),
(b) the functions of monitoring and reporting or informing under subsection (3),
(c) the auditing functions of IPART under subsection (4),
(d) the function of determining the operating licence fee (if any),
(e) the function of imposing monetary penalties or requiring other action to be taken under section 17,
(f) such other functions of IPART under this Act as are specified by the regulations for the purposes of this section.
IPART has the function of making recommendations to the portfolio Minister for or with respect to—
(a) the granting, amendment or cancellation of an operating licence, and
(b) the imposition, amendment or cancellation of conditions in relation to an operating licence, and
(c) action to be taken, and sanctions to be applied, in respect of a contravention of an operating licence, and
(d) remedial action that may be warranted as a result of a contravention of an operating licence.
IPART has the functions of—
(a) monitoring and reporting to the portfolio Minister on compliance by Water NSW with its operating licences, and
(b) informing the portfolio Minister about any failure of Water NSW to meet operational standards or any other requirements imposed on Water NSW under its operating licences.
IPART has such functions as may be conferred or imposed on it by an operating licence in connection with operational audits of Water NSW.
IPART is to prepare operational audits of Water NSW at the times directed by the portfolio Minister.
The portfolio Minister may direct IPART to prepare an operational audit of specified matters only.
IPART is to ensure that each operational audit of Water NSW is prepared in accordance with its operating licences.
IPART is to present to the portfolio Minister a report on each operational audit within one month after its receipt of the audit.
The portfolio Minister is to table the report (or cause it to be tabled) in both Houses of Parliament within one month after the Minister receives the report.
Water NSW is required to pay to the Treasurer the cost (as certified by IPART) involved in and in connection with carrying out the operational audit of Water NSW.
Without limitation, an operating licence may include terms and conditions relating to the determination of the cost of carrying out the operational audit.
For the purposes of this Act, the
(a) the Minister, or
(b) if the Minister appoints a person under this section to exercise that function—that person.
The Minister may, by order published in the Gazette, appoint a qualified person to exercise all or specified regulatory functions.
Section 43 (2) of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power.
Subject to the regulations, each of the following is a
(a) a public authority,
(b) the head of a Public Service agency.
However, Water NSW cannot be appointed to exercise a regulatory function that would authorise or permit Water NSW—
(a) to have a concurrence role (as referred to in section 62) with respect to the granting of development consent under Part 4 of the Environmental Planning and Assessment Act 1979 for the carrying out of development by it, or
(b) to grant development consent under Part 4 of the Environmental Planning and Assessment Act 1979 for the carrying out of development by it.
Different qualified persons may be appointed to exercise different regulatory functions, whether by the same order or different orders.
The Regulatory Authority in relation to a regulatory function may delegate the function to—
(a) if the Regulatory Authority is the Minister—a member of staff of the Department, or
(b) if the Regulatory Authority is a public authority—a member of staff of the authority, or
(c) if the Regulatory Authority is the head of a Public Service agency—a member of staff of that agency.
Without limiting the generality of any provisions of the Independent Pricing and Regulatory Tribunal Act 1992, a service provided by Water NSW in exercise of a regulatory function it is appointed to exercise under this section is capable of being declared to be a government monopoly service within the meaning of that Act.
A qualified person who is appointed under this section to exercise any regulatory functions must report annually to the Minister with respect to the exercise of the functions by the person and members of staff of the public authority or Public Service agency concerned.
A report under subsection (8) is to be provided to the Minister within 4 months after each 30 June.
The report is to specify the following matters in relation to the year ended on that 30 June—
This section does not affect any other mode of issuing, giving or serving a notice or other document under any other law.
An act or omission of any of the following—
(a) the Minister (including when acting as the Regulatory Authority),
(b) the Regulatory Authority,
(c) Water NSW or a director of Water NSW,
(d) an authorised officer,
(e) a member of staff of the Department (including the Secretary) or of Water NSW or the Regulatory Authority,
(f) a person acting under the direction of a person referred to in paragraph (a), (b), (c), (d) or (e),
does not subject the Minister, a director, authorised officer, member of staff or person so acting personally to any action, liability, claim or demand if the act or omission was done, or omitted to be done, in good faith for the purpose of executing this or any other Act.
In this section,
The Governor may make regulations about a matter that is—
(a) required or permitted by this Act to be prescribed, or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
A regulation may create an offence punishable by a penalty of not more than—
(a) for a corporation—400 penalty units, or
(b) otherwise—200 penalty units.
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
This Schedule applies to—
(a) the transfer of assets, rights or liabilities by an order made under a provision of this Act that provides for this Schedule to apply to the transfer (an
order transfer ), and(b) the transfer of assets, rights or liabilities by operation of a provision of this Act that provides for this Schedule to apply (an
automatic transfer ).
In this Schedule—
In this Schedule, the person or body from which any assets, rights or liabilities are transferred is called the
When any assets, rights or liabilities are transferred by a transfer to which this Schedule applies, the following provisions have effect—
(a) the assets of the transferor vest in the transferee by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,
(b) the rights or liabilities of the transferor become by virtue of this Schedule the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
(e) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the transfer, whether or not those entitlements and obligations were actual or potential at the time the transfer took effect,
(f) a reference in any Act, in any instrument made under any Act or in any document of any kind to—
(i) the transferor, or
(ii) any predecessor of the transferor,
to the extent to which the reference relates to those assets, rights or liabilities, is taken to be, or include, a reference to the transferee.
The operation of this Schedule is not to be regarded—
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an 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, or
(d) as an event of default under any contract or other instrument.
No attornment to the transferee by a lessee from the transferor is required.
An order transfer is subject to the terms and conditions of the order that gives rise to the transfer.
No compensation is payable to any person or body in connection with a transfer to which this Schedule applies except to the extent (if any) to which—
(a) in the case of an order transfer—the order giving rise to the transfer so provides, and
(b) in the case of an automatic transfer—the provision of this Act that gives rise to the transfer so provides.
Despite subclause (1), if the transferor or transferee is a local authority, compensation may be paid in relation to any asset or right the subject of the transfer.
Despite clause 7, the amount of any compensation payable under subclause (2) in relation to any such asset or right is to be determined by the Valuer-General.
In the case of an order transfer, the order that gives rise to the transfer may transfer an interest in respect of land vested in the transferor without transferring the whole of the interests of the transferor in that land.
If the interest transferred is not a separate interest, the order operates to create the interest transferred in such terms as are specified in the order.
This clause does not limit any other provision of this Act.
A transfer of assets, rights or liabilities to which this Schedule applies takes effect—
(a) in the case of an order transfer—on the day specified by the order that gives rise to the transfer, and
(b) in the case of an automatic transfer—on the day specified by the provision of this Act that gives rise to the transfer or, if no day is specified, on the commencement of the provision.
The portfolio Minister may, by order in writing, specify the consideration on which a transfer to which this Schedule applies is made and the value or values at which the assets, rights or liabilities are transferred.
State tax is not payable in relation to—
(a) an exempt matter, or
(b) anything done because of, or for a purpose connected with or arising out of, an exempt matter.
In this clause—
(a) the transfer of any assets, rights or liabilities by operation of this Schedule (including, without limitation, any instrument executed only for a purpose ancillary to or consequential on the operation of this Schedule),
(b) anything certified by the portfolio Minister in writing as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).
The portfolio Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Schedule.
Such a notice is conclusive evidence of that transfer.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any other Act that amends this Act.
If the regulations so provide, any such provision may—
(a) have effect despite any specified provisions of this Act (including a provision of this Schedule), and
(b) take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, 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 date of its publication.
A regulation made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
In this Part—
(a) the repealed Catchment Management Act, or
(b) the repealed Corporation Act.
For the purposes of this Part, a provision of this Act is a corresponding provision in relation to a provision of a repealed Act if the provision of this Act corresponds (or substantially corresponds) to the provision of the repealed Act.
If this Part provides for an event or other thing to occur on the relevant day, that event or thing is taken to occur at the beginning of that day.
Each person who was an appointed director of the board of State Water Corporation immediately before the relevant day continues in office, on and from that day, as an appointed director of the board of Water NSW, until the person’s term of office expires or he or she sooner vacates office as such.
A person who held office as the chief executive officer of State Water Corporation immediately before the relevant day continues in office, on and from that day, as the chief executive officer of Water NSW, until the person’s term of office expires or he or she sooner vacates office as such.
A person who held office as the acting chief executive officer of State Water Corporation immediately before the relevant day continues in office, on and from that day, as the acting chief executive officer of Water NSW, until the person’s term of office expires or he or she sooner vacates office as such.
Nothing in this Division limits the operation of section 4.
The Sydney Catchment Authority and the Sydney Catchment Authority Board are abolished on the relevant day.
Any person who held office as a member of the Sydney Catchment Authority Board immediately before the relevant day ceases to hold office as such on that day.
A person who held office as the Chief Executive of the Sydney Catchment Authority immediately before the relevant day ceases to hold office as such on that day.
A person who ceases to hold an office by operation of this clause is not entitled to any remuneration or compensation because of the loss of that office.
The object of this clause is to make arrangements for the transfer to Water NSW of the assets, rights and liabilities of the Sydney Catchment Authority on its abolition.
This clause is also intended to operate as an arrangement of the kind referred to in section 768AD (2) of the Fair Work Act 2009 of the Commonwealth. See also clause 8.
The assets, rights and liabilities of the Sydney Catchment Authority are transferred to Water NSW on the relevant day.
Schedule 1 applies to the transfer of assets, rights and liabilities by operation of this clause.
Without limiting section 31 of the Interpretation Act 1987, the provisions of this clause are intended to operate concurrently with the provisions of Part 6-3A (Transfer of business from a State public sector employer) of the Fair
Work Act 2009 of the Commonwealth (the
Part 6-3A of the Fair Work Act 2009 of the Commonwealth provides that certain terms and conditions of employment of a public sector employee are transferred when he or she is transferred to the employment of a national system employer. A statutory State owned corporation such as Water NSW is a national system employer for this purpose. Section 768AD of the Fair Work Act 2009 of the Commonwealth sets out the circumstances in which Part 6-3A of that Act will be applicable to the transfer of a public sector employee.
The Minister may, by order in writing, transfer the employment of a person in the Public Service under the Government Sector Employment Act 2013 (a
A transfer under this clause does not require the consent of the transferred employee.
On the day specified in the order (the
(a) the employment of the transferred employee in the Public Service is terminated, and
(b) the transferred employee becomes an employee of Water NSW.
Without limiting any entitlements arising under the federal transfer provisions, on and from the transfer day for a transferred employee—
(a) the transferred employee is entitled to continue as a contributor, member or employee for the purposes of any superannuation scheme in respect of which he or she was a contributor, member or employee (as an employee in the Public Service) immediately before the transfer day and remains so entitled subject to any variation to that entitlement made either by agreement or otherwise in accordance with law, and
(b) Water NSW is taken to be an employer for the purposes of any superannuation scheme in respect of which the transferred employee continues as a contributor, member or employee pursuant to an entitlement under this clause, and
(c) the continuity of the transferred employee’s contract of employment is taken not to have been broken by the transfer of employment, and service of the employee in the Public Service (including service deemed to be service with Water NSW) that is continuous service up to the time of transfer is taken for all purposes to be service with Water NSW, and
(d) the transferred employee retains any rights to sick leave, annual leave or long service leave accrued or accruing immediately before the transfer day (except accrued leave for which the employee has, on ceasing to be employed in the Public Service, been paid the monetary value in pursuance of any other entitlement of the employee).
A transferred employee is not entitled in respect of the same period of service to claim a benefit under this clause and another law or instrument.
The Secretary of the Department may, in connection with the transfer of a transferred employee’s employment under this clause, give a certificate in writing as to the extent of the accrued rights to annual leave, sick leave, extended or long service leave that are retained by the employee under this clause, and such a certificate is evidence of the matters certified.
In the event that the federal transfer provisions do not apply to a transferred employee, Water NSW is nevertheless required to provide the transferred employee with the same entitlements to which the employee would have been entitled under those provisions had they applied to the employee.
Nothing in this clause affects the continued application of clause 5 of Schedule 3 to the repealed Catchment Management Act to the determination of the entitlements of a transferred employee for the purposes of this clause if it applied to the employee immediately before the relevant day.
The following provisions apply in relation to the transfer of a transferred employee’s employment under this clause—
(a) the transfer has effect despite the Government Sector Employment Act 2013, Industrial Relations Act 1996 or any other law, contract or instrument under a law,
(b) the termination of the employee’s employment in the Public Service by operation of this clause does not preserve, or give rise to, any entitlements or rights other than those provided for by the Fair Work Act 2009 of the Commonwealth and this clause,
(c) the transferred employee is not entitled to any payment or other benefit by reason only of having ceased to be an employee in the Public Service as a result of the transfer,
(d) a public sector agency is not required to make any payment to the transferred employee in relation to the transferred employee’s accrued rights in respect of annual leave, sick leave or extended or long service leave.
In this clause—
(a) the State (including the Crown in right of the State),
(b) a Minister,
(c) the Ministerial Holding Corporation constituted by the State Owned Corporations Act 1989,
(d) a public authority of the State,
(e) any other person acting on behalf of the State (or the Crown in right of the State).
On the relevant day—
(a) the Sydney Catchment Management Fund, as referred to in section 24A of the repealed Catchment Management Act, is abolished, and
(b) any balance standing to the credit of that Fund becomes the money of Water NSW.
Any arrangement in force for the purposes of section 21A (3) or Division 4 of Part 3 of the repealed Catchment Management Act immediately before the relevant day is taken, on and from that day, to be an arrangement in force for the purposes of the corresponding provisions of this Act.
Any such arrangement—
(a) is taken to be with Water NSW rather than the Sydney Catchment Authority, and
(b) may be reviewed, replaced and amended in accordance with the provisions of this Act.
Any memoranda in force for the purposes of Division 4 of Part 4 of the repealed Catchment Management Act immediately before the relevant day is taken, on and from that day, to be memoranda in force for the purposes of the corresponding provisions of this Act.
Any such memoranda—
(a) is taken to be with Water NSW rather than the Sydney Catchment Authority, and
(b) may be reviewed, replaced and amended in accordance with the provisions of this Act.
This Division applies to the following operating licences (
(a) the operating licence issued to State Water Corporation under the repealed Corporation Act as in force immediately before the relevant day (the
existing State water operating licence ), and(b) the operating licence issued to the Sydney Catchment Authority under the repealed Catchment Management Act as in force immediately before the relevant day (the
existing Sydney catchment operating licence ).
For the purposes of this Division, each of the following listed functions of Water NSW are the
(a) to supply water to the Sydney Water Corporation,
(b) to supply water to water supply authorities and to local councils or county councils prescribed by regulations made for the purposes of section 7 (1) (c),
(c) to supply water to licensed operators and licensed retailers within the meaning of the Water Industry Competition Act 2006,
(d) to supply water to other persons and bodies, but under terms and conditions that prevent the person or body concerned from supplying the water for consumption by others within the State unless the person or body is authorised to do so by or under an Act,
(e) to construct, maintain and operate water management works (including providing or constructing systems or services for supplying water) for the Sydney catchment area,
(f) to protect and enhance the quality and quantity of water in the Sydney catchment area,
(g) to manage and protect the Sydney catchment area and water management works vested in or under the control of Water NSW that are used within or for the purposes of that area,
(h) to undertake research on catchments generally, and in particular on the Sydney catchment area,
(i) to undertake an educative role within the community concerning the Sydney catchment area,
(j) to exercise any other function conferred or imposed by the operating licence in connection with the Sydney catchment area.
The water management works referred to in subclause (2) (e) and (g) include water management works (wherever located) that were owned, vested in or controlled by the Sydney Catchment Authority immediately before the relevant day.
For the purposes of this Division, each of the following listed functions of Water NSW are the
(a) to capture and store water and to release water—
(i) to persons entitled to take the water, including release to regional towns, and
(ii) for any other lawful purpose, including the release of environmental water,
(b) to construct, maintain and operate water management works (including providing or constructing systems or services for supplying water),
(c) to undertake flood mitigation and management in its area of operations (other than the Sydney catchment area),
(d) to exercise any other function conferred or imposed by the operating licence.
The non-Sydney catchment functions and the Sydney catchment functions also include functions under section 7 (2) (the
Subject to any amendments made on or after the relevant day, an existing operating licence that becomes an operating licence under this Act by operation of this Division does not operate to authorise Water NSW to exercise a listed function or ancillary function of Water NSW, or a part of such a function, unless (and to the extent that) it forms—
(a) in relation to the existing State water operating licence—part of the non-Sydney catchment functions of Water NSW, or
(b) in relation to the existing Sydney catchment operating licence—part of the Sydney catchment functions of Water NSW.
On and from the relevant day, the existing State water operating licence continues in force, subject to the modifications specified by or under subclause (2), as an operating licence under this Act.
The existing State water operating licence has effect subject to the following modifications—
(a) any reference to State Water Corporation (however expressed) is to be read as a reference to Water NSW,
(b) any reference to a repealed Act (or a provision of a repealed Act) is to be read in accordance with the provisions of clause 24,
(c) any reference to the area of operations is to be read as a reference to the area of operations of Water NSW (but not so as to authorise the exercise of any Sydney catchment functions of Water NSW),
(d) any reference to the Sydney Catchment Authority is omitted,
(e) the functions that the licence authorises are limited to the non-Sydney catchment functions of Water NSW,
(f) any requirements concerning the carrying out of operational audits are limited to an audit of operations carried out for the purposes of the licence,
(g) any reporting requirements are limited to reports concerning operations carried out for the purposes of the licence,
(h) such other modifications as may be prescribed by the regulations.
If the Minister is not the portfolio Minister, the Minister is not to recommend the making of a regulation for the purposes of subclause (2) (h) unless the Minister certifies that the Minister has consulted the portfolio Minister about the proposed modifications.
On and from the relevant day, the existing Sydney catchment operating licence continues in force, subject to the modifications specified by or under subclause (2), as an operating licence under this Act.
The existing Sydney catchment operating licence has effect subject to the following modifications—
(a) any reference to the Sydney Catchment Authority (however expressed) is to be read as a reference to Water NSW,
(b) any reference to a repealed Act (or a provision of a repealed Act) is to be read in accordance with the provisions of clause 24,
(c) any reference to the area of operations is to be read as a reference to the Sydney catchment area and any other part of the area of operations of Water NSW with respect to which the Sydney catchment functions of Water NSW are exercisable,
(d) the functions that the licence authorises Water NSW to exercise are limited to the Sydney catchment functions of Water NSW,
(e) any requirements concerning the carrying out of operational audits are limited to an audit of operations carried out for the purposes of the licence,
(f) any reporting requirements are limited to reports concerning operations carried out for the purposes of the licence,
(g) such other modifications as may be prescribed by the regulations.
If the Minister is not the portfolio Minister, the Minister is not to recommend the making of a regulation for the purposes of subclause (2) (g) unless the Minister certifies that the Minister has consulted the portfolio Minister about the proposed modifications.
The Governor may, on the recommendation of the portfolio Minister, reissue an existing operating licence as an operating licence under this Act in the name of Water NSW (a
A reissued operating licence must be in substantially the same terms as the operating licence it replaces.
A reissued operating licence is in
(a) the changes made to the licence are for the purpose of giving effect to the modifications specified by or under this Division for the licence, and
(b) the original expiry date for the operating licence is retained.
Nothing in this Division prevents an existing operating licence that becomes an operating licence under this Act by operation of this Division from being amended, renewed, cancelled and enforced in accordance with the provisions of this Act relating to operating licences.
The catchment area within the meaning of the repealed Catchment Management Act is taken, on and from the relevant day, to have been declared under this Act to be a declared catchment area known as the Sydney catchment area, and may be altered accordingly.
Section 40 (3) provides that an order revoking the declaration of the Sydney catchment area as a designated catchment area cannot be made unless authorised by an Act of Parliament.
The inner catchment area within the meaning of the repealed Catchment Management Act is taken, on and from the relevant day, to have been declared under this Act to be the inner catchment area for the Sydney catchment area, and may be altered or revoked accordingly.
The outer catchment area within the meaning of the repealed Catchment Management Act is taken, on and from the relevant day, to have been declared under this Act to be the outer catchment area for the Sydney catchment area, and may be altered or revoked accordingly.
An area of land that was a special area within the meaning of the repealed Catchment Management Act immediately before the relevant day is taken, on and from that day, to have been declared under this Act to be a special area, and may be altered or revoked accordingly.
A plan of management in force for the purposes of section 49 of the repealed Catchment Management Act immediately before the relevant day is taken, on and from that day, to be a plan of management in force for the purposes of the corresponding provisions of this Act.
Any such plan of management may be reviewed, replaced and amended in accordance with the provisions of this Act.
An area of land that was a controlled area within the meaning of the repealed Catchment Management Act immediately before the relevant day is taken, on and from that day, to have been declared under this Act to be a controlled area, and may be altered or revoked accordingly.
A person who held office as an authorised officer under a repealed Act immediately before the relevant day ceases to hold office as such on that day.
A person who ceases to hold an office by operation of this clause is not entitled to any remuneration or compensation because of the loss of that office.
Subject to the regulations, this clause applies to a notice given under a provision of a repealed Act in force immediately before the relevant day that—
(a) required a person to do, or not to do, things specified in the notice, and
(b) had not yet been complied with by that day.
A notice to which this clause applies is taken to have been given under the corresponding provision (if any) of this Act, and may be varied, revoked and enforced accordingly.
This clause applies to each of the following functions (an
(a) a function conferred or imposed on the Sydney Catchment Authority as referred to in section 17, 19 or 61 of the repealed Catchment Management Act,
(b) a function conferred or imposed on the Sydney Catchment Authority by Division 2 of Part 5 of the repealed Catchment Management Act,
(c) a function conferred or imposed on the Sydney Catchment Authority by Part 6A or 6B of the repealed Catchment Management Act,
(d) a function conferred or imposed on the Sydney Catchment Authority by section 69 of the repealed Catchment Management Act,
(e) any other function of the Sydney Catchment Authority prescribed by the regulations.
An existing regulatory function of the Sydney Catchment Authority that became exercisable before (but which had not yet been exercised by) the relevant day becomes, on and from that day, a function of the Regulatory Authority instead of the Sydney Catchment Authority, and is exercisable accordingly.
On and from the relevant day, the Sydney Water Catchment Management Regulation 2013 (as in force immediately before that day) is taken to be a regulation under this Act, and may be amended and repealed accordingly.
Schedule 3, as originally enacted, renamed the Sydney Water Catchment Management Regulation 2013 as the Water NSW Regulation 2013 and made various other amendments consequential on it becoming a regulation under this Act.
This clause applies in relation to—
(a) a provision of any other Act or any instrument made under any other Act (a
legislative provision ), and(b) a provision of any other instrument or document (a
non-legislative provision ).
On and from the relevant day (and except as otherwise provided by or under this clause)—
(a) subject to paragraph (b), a reference in a legislative provision to a repealed Act is to be read as a reference to this Act, and
(b) a reference in a legislative provision to a provision of a repealed Act is to be read as a reference to the corresponding provision (if any) of this Act, and
(c) a reference in a legislative provision to State Water Corporation or the Sydney Catchment Authority is to be read as a reference to—
(i) in the case of a provision that confers or imposes an existing regulatory function (within the meaning of clause 22)—the Regulatory Authority, and
(ii) in any other case—Water NSW.
However, subclause (2) does not apply to any of the following—
(a) a legislative provision that contains a reference to which that subclause would otherwise have applied if that reference was inserted or substituted by, or retained despite, an amendment made to the provision by this Act,
(b) a spent savings or transitional legislative provision,
(c) a provision of State Environmental Planning Policy (Western Sydney Employment Area) 2009,
(d) a provision of an Act that amends a repealed Act,
(e) a legislative provision (or a legislative provision belonging to a class of such provisions) prescribed by the regulations.
The regulations may make provision for or with respect to the updating of references to a repealed Act (or a provision of a repealed Act) or State Water Corporation or the Sydney Catchment Authority in—
(a) a legislative provision to which subclause (2) does not apply, and
(b) a non-legislative provision.
Subject to this Part and the regulations, the provisions of this clause extend to a provision of an instrument made under a repealed Act that is continued in force or effect under this Act by this Part in the same way as they apply to legislative provisions.
(Repealed)
For the purposes of any easement the benefit of which is transferred to Water NSW by or under this Act, Water NSW is taken to be a body representing the Crown.
The repeal of section 3A (Sydney Water Catchment Management Act 1998) of the Sydney Water Act 1994 by this Act does not affect the validity or efficacy of—
(a) any amendments made to an operating licence (or any substitution of an operating licence) under the authority of that section before its repeal, or
(b) the divesting or transfer of any functions of the Sydney Water Corporation by operation of that section before its repeal.
Subject to this Part and the regulations, anything done under or for the purposes of a provision of a repealed Act is, to the extent that the thing has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision (if any) of this Act.
This clause applies if, under section 12 (4), the terms of an operating licence confer on Water NSW specified functions of the kind referred to in that subsection (a
If a conferred function relates to the process for determining or otherwise dealing with an application under the Water Management Act 2000 or the Water Act 1912, Water NSW may, in the case of an application that was made but not determined before the conferral of the function on Water NSW, determine or otherwise deal with the application.
Any notice under the Water Management Act 2000 or the Water Act 1912 that relates to a conferred function is taken to have been given by Water NSW, and may be varied, revoked or enforced by Water NSW, if the notice—
(a) was given before the conferral of the function, and
(b) required a person to do, or not to do, things specified in the notice, and
(c) had not yet been complied with before the conferral of the function.
(Repealed)
Water NSW Act 2014 No 74. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. This Act has been amended as follows—
No 22 | Water NSW Amendment (Staff Transfers) Act 2016. Assented to 7.6.2016. Date of commencement, assent, sec 2. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 2, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 2, 1.8.2018, sec 2 (3). | |
No 61 | Water NSW Amendment (Warragamba Dam) Act 2018. Assented to 26.10.2018. Date of commencement, assent, sec 2. | |
No 26 | Water Industry Competition Amendment Act 2021. Assented to 1.11.2021. Date of commencement of Sch 2.17, 1.3.2024, sec 2 and 2024 (43) LW 1.3.2024. | |
No 80 | Water Legislation Amendment Act 2024. Assented to 21.11.2024. Date of commencement, assent, sec 2. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2016 No 22, Sch 1 [1]; 2017 No 17, Sch 2.20 [1]. |
Sec 7 | Am 2021 No 26, Sch 2.17[1]. |
Sec 23 | Am 2018 No 25, Sch 2.38 [1]. |
Sec 28 | Am 2017 No 17, Sch 2.20 [2]. |
Part 2, Div 9 (sec 28A) | Ins 2016 No 22, Sch 1 [2]. |
Sec 49 | Am 2017 No 17, Sch 2.20 [3] [4]. |
Sec 50 | Am 2024 No 80, Sch 3[1]. |
Sec 51 | Subst 2024 No 80, Sch 3[2]. |
Sec 52 | Am 2018 No 25, Sch 2.38 [2]. |
Sec 55 | Subst 2024 No 80, Sch 3[3]. |
Sec 63 | Am 2024 No 80, Sch 3[4]–[6]. |
Sec 64AA | Ins 2024 No 80, Sch 3[7]. |
Part 5A (secs 64A–64G) | Ins 2018 No 61, Sch 1. |
Sec 89 | Am 2024 No 80, Sch 3[8]. |
Sec 102 | Subst 2017 No 22, Sch 3.83. |
Sec 114 | Subst 2024 No 80, Sch 3[9]. |
Sch 2 | Am 2016 No 22, Sch 1 [3]; 2021 No 26, Sch 2.17[1] [2]. |
Schs 3, 4 | Rep 1987 No 15, sec 30C. |
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