WATER ACT 2007 - SECT 239N References in certain instruments to Murray - Darling Basin Commission etc.

WATER ACT 2007 - SECT 239N

  (1)   If a transitional instrument is one or more of the following:

  (a)   an instrument that was made by the Murray - Darling Basin Commission;

  (b)   an instrument to which the Murray - Darling Basin Commission was a party;

  (c)   an instrument that was given to, or in favour of, the Murray - Darling Basin Commission;

  (d)   an instrument under which any right or liability accrues or may accrue to the Murray - Darling Basin Commission;

  (e)   any other instrument in which a reference is made to the Murray - Darling Basin Commission;

it continues to have effect from the commencement of this Part as if:

  (f)   references in the transitional instrument to the Murray - Darling Basin Commission (however described) were references to the Authority; and

  (g)   references in the transitional instrument to the former Murray - Darling Basin Ministerial Council (however described) were references to the Murray - Darling Basin Ministerial Council; and

  (h)   references in the transitional instrument to the contracting governments under the former MDB Agreement (however described) were references to the contracting governments under the Agreement; and

  (i)   in the case of a protocol made under a Schedule to the former MDB Agreement:

  (i)   references in the protocol to the former MDB Agreement were references to the Agreement; and

  (ii)   references in the protocol to provisions of, or Schedules to, the former MDB Agreement were references to the corresponding provisions of, or Schedules to, the Agreement; and

  (iii)   references in the protocol to other protocols made under Schedules to the former MDB Agreement were references to the corresponding protocols made under Schedules to the Agreement.

  (2)   However, subsection   (1) does not apply to a transitional instrument specified in the regulations.

  (3)   If the regulations specify a transitional instrument for the purposes of subsection   (2), the regulations may also provide one or more of the following:

  (a)   that the transitional instrument has effect as if references in the transitional instrument to the Murray - Darling Basin Commission (however described) were references as specified in the regulations;

  (b)   that the transitional instrument has effect as if references in the transitional instrument to the former Murray - Darling Basin Ministerial Council (however described) were references as specified in the regulations;

  (c)   that the transitional instrument has effect as if references in the transitional instrument to the contracting governments (however described) were references as specified in the regulations;

  (d)   in the case of a protocol made under a Schedule to the former MDB Agreement--that the transitional instrument has effect as if references to one or more of the following:

  (i)   the former MDB Agreement;

  (ii)   provisions of, or Schedules to, the former MDB Agreement;

  (iii)   other protocols made under Schedules to the former MDB Agreement;

    were references as specified in the regulations.

  (4)   A transitional instrument is:

  (a)   an instrument of a legislative character; or

  (b)   an instrument of an administrative character (including a resolution made by the Murray - Darling Basin Commission); or

  (c)   a contract, arrangement or understanding;

that was in force immediately before the commencement of this Part, but does not include an Act, a State Act or an Act of a Territory.