2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 (Climate Change and Water) A Bill for an Act to amend the law relating to the management of water resources in the Australian Capital Territory, to amend the Water Act 2007, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 3 Schedule 1--Australian Capital Territory (Planning and Land Management) Act 1988 4 Schedule 2--Water Act 2007 6 Schedule 3--Canberra Water Supply (Googong Dam) Act 1974 10 Schedule 4--Water Amendment Act 2008 11 Schedule 5--Trade Practices Act 1974 12 i Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 [Page Break] 2 management of water resources in the Australian 3 Capital Territory, to amend the Water Act 2007, 4 and for related purposes 5 The Parliament of Australia enacts: 6 1 Short title 7 This Act may be cited as the Australian Capital Territory and 8 Other Legislation Amendment (Water Management) Act 2009. 9 2 Commencement 10 (1) Each provision of this Act specified in column 1 of the table 11 commences, or is taken to have commenced, in accordance with 12 column 2 of the table. Any other statement in column 2 has effect 13 according to its terms. Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 1 [Page Break] Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. and anything in this Act not elsewhere covered by this table 2. Schedule 1 A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 3. Schedule 2, Immediately after the commencement of 15 December items 1 and 2 Schedule 1 to the Water Amendment Act 2008 2008. 4. Schedule 2, The day this Act receives the Royal Assent. item 3 5. Schedule 2, A single day to be fixed by Proclamation. items 4 to 17 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 6. Schedule 3 A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 7. Schedule 4 A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 8. Schedule 5 A single day to be fixed by Proclamation. However, if any of the provision(s) do not 2 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 3 [Page Break] 1 Schedule 1--Australian Capital Territory 2 (Planning and Land Management) Act 3 1988 4 5 1 Section 4 6 Insert: 7 take, in relation to water, has the same meaning as in the Water 8 Resources Act 2007 of the Australian Capital Territory, as in force 9 at the time this definition commences. 10 Note: This definition is inserted by the Australian Capital Territory and 11 Other Legislation Amendment (Water Management) Act 2009. 12 2 Section 6 13 Before "The functions", insert "(1)". 14 3 Paragraph 6(g) 15 Before "with the Minister's approval", insert "subject to subsection (2) 16 and". 17 4 At the end of section 6 18 Add: 19 (2) The functions of the Authority under paragraph (1)(g) do not 20 extend to the management or regulation, or both, of the taking of 21 water on National Land. 22 Note 1: Regulations may be made under section 27 of the Australian Capital 23 Territory (Self-Government) Act 1988 with the effect that the Water 24 Resources Act 2007 of the Australian Capital Territory binds the 25 Crown in right of the Commonwealth in respect of National Land. 26 Note 2: The Authority retains the function of approving works in Designated 27 Areas under section 12. 28 5 At the end of subsection 29(1) 29 Add: 30 ; and (c) has responsibility for the management or regulation, or both, 31 of the taking of water on National Land. 32 Note: The heading to section 29 is altered by adding at the end "and National Land". 4 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 [Page Break] 1 6 Paragraph 30(2)(a) 2 Repeal the paragraph, substitute: 3 (a) a liability arises: 4 (i) in respect of land at a time when it is Territory Land; or 5 (ii) in respect of the management or regulation, or both, of 6 the taking of water on National Land; and 7 Note: The heading to section 30 is altered by omitting "of Territory Land". 8 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 5 [Page Break] 1 Schedule 2--Water Act 2007 2 3 1 Subsection 18B(9) (definition of amendment) 4 Repeal the definition. 5 2 Subsection 18B(9) (definition of express amendment) 6 After "direct amendment", insert "(whether by the insertion, omission, 7 repeal, substitution or relocation of words or matter)". 8 Note: Section 18B of the Water Act 2007 was inserted by Schedule 1 to the Water Amendment 9 Act 2008. That Schedule commenced on 15 December 2008. The amendments to 10 subsection 18B(9) made by item 1 and this item are taken to have commenced 11 immediately after the commencement of that Schedule (see section 2 (commencement) 12 of this Act). 13 3 Transitional--referring States 14 New South Wales, Queensland, South Australia and Victoria are taken, 15 for the purposes of the Water Act 2007: 16 (a) to have been referring States at and after the commencement 17 of items 1 and 2 of this Schedule until immediately before the 18 commencement of this item; and 19 (b) to continue to be referring States at and after the 20 commencement of this item, subject to section 18B (meaning 21 of referring State) of that Act. 22 Note: Items 1 and 2 are taken to have commenced on 15 December 2008 (see the note to 23 item 2). Item 3 commences on the day this Act receives the Royal Assent. 24 4 At the end of subsection 21(1) 25 Add: 26 Note: The Basin Plan may apply, adopt or incorporate an instrument or other 27 writing as in force or existing at a particular time, or from time to time 28 (see subsection 33(4)). 29 5 Subparagraph 21(4)(c)(ii) 30 After "economic uses", insert "(including by the Commonwealth)". 31 6 Subsection 22(1) (note) 32 After "Note", insert "1". 33 7 At the end of subsection 22(1) (after the note) 6 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 [Page Break] 1 Add: 2 Note 2: The Basin Plan may apply, adopt or incorporate an instrument or other 3 writing as in force or existing at a particular time, or from time to time 4 (see subsection 33(4)). 5 8 Subsection 22(1) (table item 2, column headed "Specific 6 requirements") 7 Before "The Authority must consult a State", insert "The surface water 8 of the Googong Dam Area (within the meaning of the Canberra Water 9 Supply (Googong Dam) Act 1974) must be included in a water resource 10 plan area for which the Australian Capital Territory (and not New South 11 Wales) prepares a water resource plan (see section 63A).". 12 9 At the end of section 33 13 Add: 14 (4) The Basin Plan may make provision in relation to a matter by 15 applying, adopting or incorporating, with or without modification, 16 any matter contained in an instrument or other writing: 17 (a) as in force or existing at a particular time; or 18 (b) as in force or existing from time to time. 19 (5) Subsection (4) has effect despite anything in subsection 14(2) of 20 the Legislative Instruments Act 2003. 21 (6) If the Basin Plan makes provision in relation to a matter by 22 applying, adopting or incorporating a matter as permitted by 23 subsection (4), the Authority must ensure that: 24 (a) the text of the matter applied, adopted or incorporated is 25 made publicly available on the Authority's website; and 26 (b) if the text of the matter is applied, adopted or incorporated as 27 in force or existing from time to time--any subsequent 28 amendments of that text are made publicly available on that 29 website. 30 10 At the end of section 55 31 Add: 32 (4) A water resource plan that the Minister adopts under section 69 33 may make provision in relation to a matter by applying, adopting 34 or incorporating, with or without modification, any matter 35 contained in an instrument or other writing: Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 7 [Page Break] 1 (a) as in force or existing at a particular time; or 2 (b) as in force or existing from time to time. 3 (5) Subsection (4) has effect despite anything in subsection 14(2) of 4 the Legislative Instruments Act 2003. 5 (6) If a water resource plan makes provision in relation to a matter by 6 applying, adopting or incorporating a matter as permitted by 7 subsection (4), the Authority must ensure that: 8 (a) the text of the matter applied, adopted or incorporated is 9 made publicly available on the Authority's website; and 10 (b) if the text of the matter is applied, adopted or incorporated as 11 in force or existing from time to time--any subsequent 12 amendments of that text are made publicly available on that 13 website. 14 11 At the end of subsection 63(1) 15 Add: 16 Note: The surface water of the Googong Dam Area is to be treated as if it 17 were located in the Australian Capital Territory (see section 63A). 18 12 After section 63 19 Insert: 20 63A Googong Dam Area to be treated as if located in the Australian 21 Capital Territory 22 For the purposes of this Act, the surface water of the Googong 23 Dam Area (within the meaning of the Canberra Water Supply 24 (Googong Dam) Act 1974) is to be treated as if it were located in 25 the Australian Capital Territory (and not in New South Wales). 26 13 At the end of subsection 65(2) 27 Add: 28 Note: The surface water of the Googong Dam Area is to be treated as if it 29 were located in the Australian Capital Territory (see section 63A). 30 14 At the end of subsection 68(2) 31 Add: 32 Note: The surface water of the Googong Dam Area is to be treated as if it 33 were located in the Australian Capital Territory (see section 63A). 8 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 [Page Break] 1 15 At the end of subsection 71(1) 2 Add: 3 Note: The surface water of the Googong Dam Area is to be treated as if it 4 were located in the Australian Capital Territory (see section 63A). 5 16 At the end of subsection 72(1) 6 Add: 7 Note: The surface water of the Googong Dam Area is to be treated as if it 8 were located in the Australian Capital Territory (see section 63A). 9 17 At the end of subsection 75(2) 10 Add: 11 Note: The surface water of the Googong Dam Area is to be treated as if it 12 were located in the Australian Capital Territory (see section 63A). 13 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 9 [Page Break] 1 Schedule 3--Canberra Water Supply 2 (Googong Dam) Act 1974 3 4 1 Section 4 5 Omit "Subject to this section", substitute: 6 (1) The Executive, on behalf of the Commonwealth, has the functions 7 of managing, protecting and using the water resources of the 8 Googong Dam Area in a way that is consistent with the objects of 9 the Water Resources Act 2007 of the Australian Capital Territory. 10 (2) Without limiting the generality of subsection (1) 11 10 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 [Page Break] 1 Schedule 4--Water Amendment Act 2008 2 3 1 Item 4 of Schedule 3 4 After "is taken,", insert "for a period of 4 years". 5 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009 11 [Page Break] 1 Schedule 5--Trade Practices Act 1974 2 3 1 Subsection 25(1) 4 After "the Water Act 2007", insert "(or any rules made under that Act)". 12 Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009 No. , 2009