WATER ACT 2007 - SECT 37 Constitutional operation of section 35 (water trading rules)

WATER ACT 2007 - SECT 37

  (1)   This section deals with the provisions of the Basin Plan to the extent to which they deal with the trading or transfer of a tradeable water right in relation to Basin water resources.

Note:   See item   12 of the table in subsection   22(1).

  (2)   Section   35 imposes obligations in relation to the provisions if at least one of the parties to the trading or the transfer is a constitutional corporation.

  (3)   Section   35 imposes obligations in relation to the provisions if the trading or transfer takes place in the course of trade and commerce:

  (a)   between the States; or

  (b)   between a State and a Territory.

  (4)   Section   35 imposes obligations in relation to the provisions if:

  (a)   the trading or transfer takes place in a Territory; or

  (b)   the trading or transfer relates to tradeable water rights in relation to a water resource in a Territory.

  (5)   Section   35 imposes obligations in relation to the provisions if at least one element of the trading or transfer takes place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph   51(v) of the Constitution).

  (7)   Subsections   (2), (3), (4) and (5):

  (a)   have effect independently of each other; and

  (b)   do not limit section   36; and

  (c)   do not limit the operation (if any) that section   35 validly has apart from this section.