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This is a Bill, not an Act. For current law, see the Acts databases.
Central Coast Water Corporation
Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Central Coast Water Corporation Act 2006 to facilitate the
establishment of the Central Coast Water Corporation as a water supply authority; to
amend the Energy and Utilities Administration Act 1987 to provide for the
Corporation to be made a contributor to the Climate Change Fund; and for other
purposes.
Clause 1 Central Coast Water Corporation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Central Coast Water Corporation Amendment Act 2010. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
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Central Coast Water Corporation Amendment Bill 2010
Amendment of Central Coast Water Corporation Act 2006 No 105 Schedule 1
Schedule 1 Amendment of Central Coast Water 1
Corporation Act 2006 No 105 2
[1] Section 2 Commencement 3
Omit section 2 (2)(8). Insert instead: 4
(2) The following proclamations may not be made except on the 5
Minister's recommendation: 6
(a) a proclamation to commence section 4 (the proclamation 7
constituting the Corporation), 8
(b) a proclamation to commence Schedule 7.2 [2], 9
(c) a proclamation to commence Schedule 7.2 [4]. 10
(3) The Minister may not recommend the making of a proclamation 11
referred to in subsection (2) unless: 12
(a) in the case of the proclamation constituting the 13
Corporation--each of the constituent councils: 14
(i) has, by a resolution of the council, approved the 15
same constitution for the Corporation (being a 16
constitution that complies with section 8), and 17
(ii) has, pursuant to a resolution of the council, entered 18
into a voting shareholders' agreement with the other 19
constituent council (being an agreement that 20
complies with section 10), and 21
(b) each of the constituent councils has, pursuant to a 22
resolution of the council, requested that the Minister 23
recommend the making of the proclamation. 24
[2] Section 3 Definitions 25
Omit "and whether vested or contingent" wherever occurring from the 26
definitions of assets, liabilities and rights in section 3 (1). 27
Insert instead ", whether vested or contingent and whether personal or 28
assignable". 29
[3] Section 10 Voting shareholders' agreement 30
Omit "section 2 (3) (c) or (8)" from section 10 (2) (a) (i). 31
Insert instead "section 2 (3) (b)". 32
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Central Coast Water Corporation Amendment Bill 2010
Schedule 1 Amendment of Central Coast Water Corporation Act 2006 No 105
[4] Section 28A 1
Insert after section 28: 2
28A Ownership of water management works 3
(1) The Corporation is the owner of all water management works 4
(within the meaning of Part 2 of Chapter 6 of the Water 5
Management Act 2000): 6
(a) that are installed in or on land by the Corporation, or 7
(b) that were previously installed in or on land and transferred 8
to the Corporation from a constituent council under this 9
Act, 10
regardless of whether or not the Corporation owns the land in or 11
on which the works are situated. 12
(2) The Corporation may operate, repair, replace, maintain, remove, 13
extend, expand, connect, disconnect, improve or do any other 14
things that are necessary or appropriate to any such works to 15
ensure that, in the opinion of the Corporation, the works are used 16
in an efficient manner for the purposes for which the works were 17
installed. 18
(3) The provisions of this section have effect despite anything 19
contained in section 42 of the Real Property Act 1900. 20
[5] Section 32 Transfer of staff, assets, rights and liabilities 21
Omit "The Minister" and "a constituent council's" from section 32 (2). 22
Insert instead "A constituent council" and "the council's", respectively. 23
[6] Section 32 (3) 24
Omit the subsection. Insert instead: 25
(3) A transfer order under subsection (2) may not be made by a 26
constituent council unless the other constituent council has 27
consented to the transfer order. 28
[7] Section 32 (4) and (5) 29
Omit the subsections. 30
[8] Section 32 (8)(8B) 31
Omit section 32 (8). Insert instead: 32
(8) An order under this section may be made on such terms and 33
conditions as are specified or referred to in the order (including 34
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Central Coast Water Corporation Amendment Bill 2010
Amendment of Central Coast Water Corporation Act 2006 No 105 Schedule 1
terms and conditions for the payment of consideration agreed or 1
determined in accordance with subsection (8A)). 2
(8A) The consideration, if any, to be paid by the Corporation or a 3
constituent council in respect of the transfer of any asset, right or 4
liability of a constituent council to the Corporation is to be a fair 5
value: 6
(a) determined by agreement between the Corporation and 7
both of the constituent councils, or 8
(b) if such an agreement cannot be reached--determined by an 9
independent arbitrator who is: 10
(i) appointed by the Corporation and both of the 11
councils, or 12
(ii) appointed by the Minister if the Corporation and 13
both of the councils cannot agree on an arbitrator. 14
(8B) The determination of any such arbitrator as to an amount of 15
consideration payable is final. 16
[9] Section 33 Grant of operating licence 17
Insert after section 33 (2): 18
(3) The Corporation is not required to have an operating licence to 19
carry out the functions referred to in subsection (1) (a) or (b) until 20
such time as it becomes a water supply authority for the purposes 21
of the Water Management Act 2000. 22
Note. On the commencement of Schedule 7.2 [4], the Water 23
Management Act 2000 will be amended to include the Corporation as a 24
water supply authority under that Act. 25
[10] Section 34 Terms and conditions of operating licences 26
Omit section 34 (3). Insert instead: 27
(3) The regulations may make provision for or with respect to: 28
(a) the establishment and operation of the industry 29
ombudsman scheme referred to in subsection (1) (b), and 30
(b) when any one or more of the conditions for an operating 31
licence referred to in subsection (1) or (2) will, or will not, 32
be required to be included in an operating licence. 33
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Central Coast Water Corporation Amendment Bill 2010
Schedule 1 Amendment of Central Coast Water Corporation Act 2006 No 105
[11] Section 59A 1
Insert after section 59: 2
59A Section 293 of Water Management Act 2000 does not apply to 3
certain functions under this Act 4
(1) A constituent council is not subject to the control and direction of 5
the Minister under section 293 of the Water Management Act 6
2000 in its capacity as a water supply authority in connection 7
with the exercise by the council of any of the following functions: 8
(a) the making of transfer orders to transfer any of the staff, 9
assets, rights or liabilities of the council to the Corporation, 10
(b) the making of a request by the council for the Minister to 11
recommend the making of a proclamation referred to in 12
section 2 (2) (b) or (c), 13
(c) the granting of consent by the council for the purposes of 14
section 32 (3), 15
(d) the determination of the consideration (if any) for any 16
assets, rights or liabilities of a constituent council that are, 17
or are proposed to be, transferred to the Corporation under 18
this Act. 19
(2) However, this section does not limit the Minister's powers of 20
control and direction under section 293 of the Water 21
Management Act 2000 when exercised for the purpose of 22
ensuring that a constituent council complies with its undertakings 23
under the Memorandum of Understanding. 24
(3) In this section: 25
Memorandum of Understanding means the Memorandum of 26
Understanding entered into by the Minister and the constituent 27
councils on 9 August 2010 concerning the transfer under this Act 28
of the functions of the councils as water supply authorities to the 29
Corporation. 30
[12] Schedule 5 Transfer of staff, assets, rights and liabilities 31
Insert after clause 9 (1) (d): 32
(d1) the transferee has all the entitlements and obligations of 33
the transferor in relation to those assets, rights and 34
liabilities that the transferor would have had but for the 35
order, whether or not those entitlements and obligations 36
were actual or potential at the time the order took effect, 37
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Central Coast Water Corporation Amendment Bill 2010
Amendment of Central Coast Water Corporation Act 2006 No 105 Schedule 1
[13] Schedule 5, clause 9 (2) 1
Insert "(or the making or operation of a transfer order)" after "this Schedule". 2
[14] Schedule 5, clause 10 3
Omit the clause. Insert instead: 4
10 No compensation payable 5
(1) Subject to subclause (2) and section 32 (8) and (8A), no 6
compensation is payable to any person or body in connection 7
with a transfer. 8
(2) A transfer order under section 41 (3) may provide for the extent 9
(if any) of compensation payable in connection with a transfer to 10
which the order gives rise. 11
[15] Schedule 5, clause 12 12
Insert "resulting from a transfer order under section 41" after "a transfer". 13
[16] Schedule 8 Savings, transitional and other provisions 14
Insert at the end of clause 1 (1): 15
Central Coast Water Corporation Amendment Act 2010 16
[17] Schedule 8, clause 1 (3) 17
Omit "in the Gazette". Insert instead "on the NSW legislation website". 18
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Central Coast Water Corporation Amendment Bill 2010
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
Schedule 2 Amendment of Energy and Utilities 1
Administration Act 1987 No 103 2
[1] Section 3 Definitions 3
Omit "and includes a licensed network operator or licensed retail supplier 4
within the meaning of the Water Industry Competition Act 2006" from the 5
definition of State water agency in section 3 (1). 6
Insert instead: 7
and includes: 8
(c) a licensed network operator or licensed retail 9
supplier within the meaning of the Water Industry 10
Competition Act 2006, and 11
(d) the Central Coast Water Corporation on and from 12
the time when it is prescribed by the regulations to 13
be a State water agency for the purposes of this 14
definition. 15
[2] Schedule 2 Savings, transitional and other provisions 16
Insert after Part 5: 17
Part 6 Provision consequent on enactment of 18
Central Coast Water Corporation 19
Amendment Act 2010 20
14 Prescription of Central Coast Water Corporation as State water 21
agency 22
(1) A regulation that prescribes the Central Coast Water Corporation 23
to be a State water agency for the purposes of the definition of 24
State water agency in section 3 (1) may not be made unless a day 25
or days have been appointed under section 2 of the Central Coast 26
Water Corporation Act 2006 for the commencement of both 27
Schedule 7.2 [2] and [4] to that Act. 28
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Central Coast Water Corporation Amendment Bill 2010
Amendment of Energy and Utilities Administration Act 1987 No 103 Schedule 2
(2) Both Gosford City Council and Wyong Shire Council cease to be 1
liable to make future contributions to the Climate Change Fund 2
on and from the day on which the Central Coast Water 3
Corporation is prescribed by the regulations to be a State water 4
agency for the purposes of the definition of State water agency in 5
section 3 (1). 6
Page 9
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