WATER ACT 2007 - SECT 239Q Things done under the former MDB Agreement

WATER ACT 2007 - SECT 239Q

  (1)   If:

  (a)   a thing was done before the commencement of this Part under a provision of the former MDB Agreement, by or in relation to, or pursuant to a resolution of, a body or person; and

  (b)   the thing still had effect immediately before that commencement; and

  (c)   the regulations specify:

  (i)   a provision of the Agreement to be the corresponding provision to the provision referred to in paragraph   (a); and

  (ii)   in relation to that corresponding provision, a body or person to be the corresponding body or person to the body or person referred to in that paragraph;

the thing done has effect from that commencement as if it had been done under the corresponding provision by or in relation to, or pursuant to a resolution of, the corresponding body or person.

  (2)   Regulations made for the purposes of paragraph   (1)(c):

  (a)   may specify:

  (i)   a part of a provision of the Agreement to be the corresponding provision to a provision referred to in paragraph   (1)(a); or

  (ii)   a provision of the Agreement, or a part of a provision of the Agreement, to be the corresponding provision to a part of a provision referred to in paragraph   (1)(a); and

  (b)   may specify different corresponding bodies or persons in relation to different parts of a provision of the Agreement.

This subsection may be applied in relation to the different ways in which a provision can operate as if each of those ways were a different part of the provision.

  (3)   If:

  (a)   a thing was done before the commencement of this Part under a provision of the former MDB Agreement, by or in relation to, or pursuant to a resolution of, the Murray - Darling Basin Commission; and

  (b)   the thing still had effect immediately before that commencement; and

  (c)   the provision has a corresponding provision in the Agreement; and

  (d)   subsection   (1) does not apply;

the thing done has effect from that commencement as if it had been done under the corresponding provision by or in relation to, or pursuant to a resolution of, the Authority.

  (4)   However, subsection   (3) does not apply to a thing specified in the regulations.

  (5)   The application of subsection   (1), (2) or (3) to the making of an instrument is not taken, for the purposes of the Legislation Act 2003 , to constitute the making of a legislative instrument by:

  (a)   in the case of subsection   (1) or (2)--the corresponding body or person referred to in that subsection; or

  (b)   in the case of subsection   (3)--the Authority.

  (6)   This section applies to protocols to the former MDB Agreement as if they were provisions of the former MDB Agreement, and applies to protocols to the Agreement as if they were provisions of the Agreement.