WATER ACT 2007 - SECT 61 Constitutional operation of section 59 (water trading rules)

WATER ACT 2007 - SECT 61

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

  (2)   Section   59 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   59 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   59 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   59 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   60; and

  (c)   do not limit the operation (if any) that section   59 validly has apart from this section.