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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Australian Inland Energy Water
Infrastructure Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Water Supply Authorities Act 1987 No 140 2
4 Amendment of Energy Services Corporations Act 1995
No 95 2
5 Amendment of other Acts and instruments 2
Schedules
1 Amendment of Water Supply Authorities Act 1987 3
2 Amendment of Energy Services Corporations Act 1995 10
3 Amendment of other Acts and instruments 11
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Australian Inland Energy Water
Infrastructure Bill 2000
Act No , 2000
An Act to amend the Energy Services Corporations Act 1995 so as to rename
Australian Inland Energy as Australian Inland Energy Water Infrastructure, to
amend the Water Supply Authorities Act 1987 so as to establish the renamed body
as a water supply authority under that Act, and to enable the renamed body to
exercise additional regional development functions in the Far West region of the
State; to make consequential amendments to a number of other Acts and
instruments; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Australian Inland Energy Water Infrastructure Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Australian Inland Energy Water Infrastructure Act
2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Water Supply Authorities Act 1987 No 140
The Water Supply Authorities Act 1987 is amended as set out in
Schedule 1.
4 Amendment of Energy Services Corporations Act 1995 No 95
The Energy Services Corporations Act 1995 is amended as set out in
Schedule 2.
5 Amendment of other Acts and instruments
Each Act and instrument referred to in Schedule 3 is amended as set
out in that Schedule.
Page 2
Australian Inland Energy Water Infrastructure Bill 2000
Amendment of Water Supply Authorities Act 1987 Schedule 1
Schedule 1 Amendment of Water Supply Authorities
Act 1987
(Section 3)
[1] Section 8 Schedules relating to Authorities
Omit "Broken Hill Water Board" from section 8 (2).
Insert instead "Australian Inland Energy Water Infrastructure".
[2] Section 10 Exercise of functions by an Authority
Insert after section 10 (1):
(1A) Subsection (1) (b) does not apply to an Authority listed in Part
3 of Schedule 1.
[3] Section 60 Authority must provide information
Insert at the end of the section:
(2) This section does not apply to an Authority listed in Part 3 of
Schedule 1.
[4] Section 61 Efficiency review
Insert after section 61 (2):
(3) This section does not apply to an Authority listed in Part 3 of
Schedule 1.
[5] Section 62 Appointment of administrator
Insert after section 62 (3):
(4) This section does not apply to an Authority listed in Part 3 of
Schedule 1.
[6] Section 67
Insert after section 66:
67 Savings and transitional provisions
Schedule 7 has effect.
Page 3
Australian Inland Energy Water Infrastructure Bill 2000
Schedule 1 Amendment of Water Supply Authorities Act 1987
[7] Schedule 1 Water Supply Authorities
Omit "Broken Hill Water Board" from Part 1 of Schedule 1.
[8] Schedule 1, Part 3
Insert after Part 2:
Part 3
Australian Inland Energy Water Infrastructure
[9] Schedule 3
Omit "Broken Hill Water Board" from the heading to the Schedule.
Insert instead "Australian Inland Energy Water Infrastructure".
[10] Schedule 3, Part 1
Omit the Part.
[11] Schedule 3, Part 2
Insert in alphabetical order in clause 6 (1):
Corporation means Australian Inland Energy Water
Infrastructure.
[12] Schedule 3, Part 2
Omit "The Board" and "the Board" wherever occurring.
Insert instead "The Corporation" and "the Corporation", respectively.
Page 4
Australian Inland Energy Water Infrastructure Bill 2000
Amendment of Water Supply Authorities Act 1987 Schedule 1
[13] Schedule 7
Insert after Schedule 6:
Schedule 7 Savings and transitional provisions
(Section 67)
Part 1 Preliminary
1 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
Australian Inland Energy Water Infrastructure Act 2000
(2) Such a provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later day.
(3) To the extent to which such a provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other
than the State or an authority of the State), the rights of
that person existing before the date of that publication,
or
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the date of that publication.
Page 5
Australian Inland Energy Water Infrastructure Bill 2000
Schedule 1 Amendment of Water Supply Authorities Act 1987
Part 2 Provisions consequent on enactment of
Australian Inland Energy Water
Infrastructure Act 2000
2 Definitions
In this Part:
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money), and
includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
rights means any rights, powers, privileges or immunities
(whether present or future and whether vested or contingent).
3 Dissolution of Broken Hill Water Board
(1) The Broken Hill Water Board is dissolved and its members
removed from office.
(2) No compensation is payable to or in respect of any former
member of the Broken Hill Water Board as a consequence of
his or her removal from office under this clause.
4 Transfer of staff
(1) Each person who, immediately before the commencement of
this clause, was a member of staff of the Broken Hill Water
Board becomes, by operation of this clause, a member of staff
of Australian Inland Energy Water Infrastructure.
(2) Any person who, under this clause, becomes a member of staff
of Australian Inland Energy Water Infrastructure is (until other
provision is duly made under any Act or law) to be employed
in accordance with any relevant statutory provisions, awards,
agreements and determinations that would have applied to the
person had the person not become a member of staff of
Australian Inland Energy Water Infrastructure but remained a
member of staff of the Broken Hill Water Board.
Page 6
Australian Inland Energy Water Infrastructure Bill 2000
Amendment of Water Supply Authorities Act 1987 Schedule 1
(3) For the purpose of preserving the superannuation and leave
entitlements of former members of staff of the Broken Hill
Water Board, that Board is declared to be a public authority to
which Schedule 4 to the State Owned Corporations Act 1989
applies, as referred to in the definition of eligible employee in
clause 1 of that Schedule.
5 Transfer of assets, rights and liabilities
Subject to the regulations:
(a) the assets of the Broken Hill Water Board are, by
operation of this clause, vested in Australian Inland
Energy Water Infrastructure, and
(b) the rights and liabilities of the Broken Hill Water Board
become, by operation of this clause, the rights and
liabilities of Australian Inland Energy Water
Infrastructure, and
(c) any proceedings relating to the assets, rights and
liabilities of the Broken Hill Water Board or a
predecessor of the Broken Hill Water Board and
pending immediately before the commencement of this
clause are taken to be proceedings pending against
Australian Inland Energy Water Infrastructure, and
(d) any act, matter or thing done or omitted to be done in
relation to the assets, rights or liabilities of the Broken
Hill Water Board before the commencement of this
clause by, to or in respect of the Broken Hill Water
Board or a predecessor of the Broken Hill Water Board
is (to the extent to which it has any force or effect) taken
to have been done or omitted by, to or in respect of
Australian Inland Energy Water Infrastructure.
6 Miscellaneous
(1) The operation of clauses 4 and 5 is not to be regarded:
(a) as a breach of confidence or otherwise as a civil wrong,
or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities, or
Page 7
Australian Inland Energy Water Infrastructure Bill 2000
Schedule 1 Amendment of Water Supply Authorities Act 1987
(c) as giving rise to any remedy by a party to an instrument,
or causing or permitting the termination of any
instrument, because of a change in the beneficial or
legal ownership of any asset, right or liability, or
(d) as an event of default under any contract or other
instrument.
(2) No attornment to Australian Inland Energy Water Infrastructure
by a lessee from the Broken Hill Water Board is required.
(3) No compensation is payable to any person in connection with
the operation of this clause.
(4) Subclause (1) does not affect the rights of any member of staff
referred to in clause 4.
(5) Duty under the Duties Act 1997 is not chargeable for or in
respect of anything certified by the Minister as having been
done in consequence of the operation of this clause (for
example, the transfer or conveyance of an interest in land).
7 Area of operations and special areas
(1) Subject to the regulations, the area of operations of Australian
Inland Energy Water Infrastructure is the same as the area of
operations for the Broken Hill Water Board, as it was
immediately before the commencement of this clause.
(2) Any special area for the Broken Hill Water Board, as existing
immediately before the commencement of this clause, is taken
to be a special area for Australian Inland Energy Water
Infrastructure under this Act.
8 Construction of certain references
A reference in any Act, in any instrument made under any Act
or in any document of any kind to the Broken Hill Water Board
or a predecessor of the Broken Hill Water Board is (to the
extent to which it relates to its assets, rights or liabilities) taken
to include a reference to Australian Inland Energy Water
Infrastructure.
Page 8
Australian Inland Energy Water Infrastructure Bill 2000
Amendment of Water Supply Authorities Act 1987 Schedule 1
9 General saving
Subject to the regulations:
(a) any application or notice (however described) that was
given or sent to the Broken Hill Water Board before the
commencement of this clause is taken to have been
given or sent to Australian Inland Energy Water
Infrastructure, and
(b) any decision or determination (however described) that
was made by the Broken Hill Water Board before the
commencement of this clause is taken to have been
made by Australian Inland Energy Water Infrastructure,
and
(c) any approval, consent or permission (however
described) that was given by the Broken Hill Water
Board before the commencement of this clause is taken
to have been given by Australian Inland Energy Water
Infrastructure.
Page 9
Australian Inland Energy Water Infrastructure Bill 2000
Schedule 2 Amendment of Energy Services Corporations Act 1995
Schedule 2 Amendment of Energy Services
Corporations Act 1995
(Section 4)
[1] Schedule 1 Energy services corporations
Omit "Australian Inland Energy" from Part 2.
Insert instead "Australian Inland Energy Water Infrastructure".
[2] Schedule 2 Supplementary provisions concerning constitution and
procedure
Insert after clause 3:
3A Ministerial directions in the public interest
(1) This clause applies to Australian Inland Energy Water
Infrastructure in relation only to the exercise of its functions
under the Water Supply Authorities Act 1987.
(2) A direction may be given to Australian Inland Energy Water
Infrastructure under section 20P of the State Owned
Corporations Act 1989 without compliance with subsection (3)
of that section if the portfolio Minister decides that this action
is warranted on grounds involving urgency, public health or
public safety.
(3) The notice referred to in section 20P of the State Owned
Corporations Act 1989 is to include a statement of the reasons
for that decision.
(4) The portfolio Minister is to publish in the Gazette (and is to
make available on the Internet) any direction under section 20P
of the State Owned Corporations Act 1989, and any
notification under section 20O of that Act, given to the board
of Australian Inland Energy Water Infrastructure as soon as
practicable after it is given.
Page 10
Australian Inland Energy Water Infrastructure Bill 2000
Amendment of other Acts and instruments Schedule 3
Schedule 3 Amendment of other Acts and instruments
(Section 5)
3.1 Attachment of Wages Limitation Act 1957 No 28
Schedule
Omit "Broken Hill Water Board".
3.2 Electricity Supply Act 1995 No 94
Schedule 3 Distribution districts
Omit "Australian Inland Energy".
Insert instead "Australian Inland Energy Water Infrastructure".
3.3 First State Superannuation Act 1992 No 100
[1] Schedule 1 Employers
Omit "Broken Hill Water Board" from Part 1.
[2] Schedule 1, Part 1
Omit "Australian Inland Energy".
Insert instead "Australian Inland Energy Water Infrastructure".
Page 11
Australian Inland Energy Water Infrastructure Bill 2000
Schedule 3 Amendment of other Acts and instruments
3.4 Government and Related Employees Appeal Tribunal Act 1980
No 39
Schedule 4 Employing authorities
Omit "The Broken Hill Water Board.".
3.5 Heritage Act 1977 No 136
[1] Section 123 Definitions
Omit paragraph (e) of the definition of rating or taxing authority.
Insert instead:
(e) a water supply authority within the meaning of the
Water Supply Authorities Act 1987,
[2] Section 123, definition of "valuing law"
Omit ", the Broken Hill Water and Sewerage Act 1938".
3.6 National Parks and Wildlife Act 1974 No 80
Section 74 Catchment areas and special areas
Omit "the Broken Hill Water Board" from section 74 (4).
Insert instead "a water supply authority within the meaning of the Water
Supply Authorities Act 1987".
3.7 Pipelines Act 1967 No 90
Section 3 Definitions
Omit "the Broken Hill Water Board," from the definition of statutory body
representing the Crown in section 3 (1).
Page 12
Australian Inland Energy Water Infrastructure Bill 2000
Amendment of other Acts and instruments Schedule 3
3.8 Public Authorities (Financial Arrangements) Regulation 2000
[1] Schedule 1 Authorities having Part 2 investment powers
Omit "Australian Inland Energy".
Insert instead "Australian Inland Energy Water Infrastructure".
[2] Schedule 1
Omit "Broken Hill Water Board".
3.9 Public Authorities Superannuation Act 1985 No 41
Schedule 3 Employers
Omit "The Broken Hill Water Board." from Part 1.
3.10 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Broken Hill Water Board".
3.11 Public Sector Management Act 1988 No 33
[1] Schedule 3 Declared authorities
Omit "Broken Hill Water Board".
[2] Schedule 3A Chief executive positions
Omit "President of the Broken Hill Water Board" from Part 3.
Page 13
Australian Inland Energy Water Infrastructure Bill 2000
Schedule 3 Amendment of other Acts and instruments
[3] Schedule 3A
Omit "(other than the President of the Broken Hill Water Board)" from
Part 3.
3.12 State Authorities Non-contributory Superannuation Act 1987
No 212
[1] Schedule 1 Employers
Omit "Australian Inland Energy" from Part 1.
Insert instead "Australian Inland Energy Water Infrastructure".
[2] Schedule 1, Part 1
Omit "The Broken Hill Water Board".
3.13 State Authorities Superannuation Act 1987 No 211
[1] Schedule 1 Employers
Omit "Australian Inland Energy" from Part 1.
Insert instead "Australian Inland Energy Water Infrastructure".
[2] Schedule 1, Part 1
Omit "The Broken Hill Water Board".
3.14 State Owned Corporations Act 1989 No 134
Schedule 5 Statutory SOCs
Omit "Australian Inland Energy".
Insert instead "Australian Inland Energy Water Infrastructure".
Page 14
Australian Inland Energy Water Infrastructure Bill 2000
Amendment of other Acts and instruments Schedule 3
3.15 Strata Schemes (Freehold Development) Act 1973 No 68
[1] Section 89 Definitions
Omit paragraphs (d) and (e) from the definition of appropriate valuing Act.
[2] Section 89, definition of "valuing authority"
Omit "the Hunter Water Corporation referred to in the Hunter Water Board
(Corporatisation) Act 1991 or the Broken Hill Water Board" from
paragraph (c).
3.16 Strata Schemes (Leasehold Development) Act 1986 No 219
[1] Section 121 Definitions
Omit paragraphs (c) and (d) from the definition of appropriate valuing Act.
[2] Section 121, definition of "valuing authority"
Omit "the Hunter Water Corporation referred to in the Hunter Water Board
(Corporatisation) Act 1991 or the Broken Hill Water Board," from
paragraph (a).
3.17 Superannuation Act 1916 No 28
[1] Schedule 3 List of employers
Omit "Australian Inland Energy" from Part 1.
Insert instead "Australian Inland Energy Water Infrastructure".
[2] Schedule 3, Part 1
Omit "The Broken Hill Water Board".
[3] Schedule 26
Omit "The Broken Hill Water Board" from Part 1.
Page 15
Australian Inland Energy Water Infrastructure Bill 2000
Schedule 3 Amendment of other Acts and instruments
3.18 Valuation of Land Act 1916 No 2
Section 47 Rating or taxing authorities
Omit "The Broken Hill Water Board." from section 47 (1).
Page 16
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