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WATER BOARD (CORPORATISATION) BILL 1994*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to establish Sydney Water Corporation Limited ("the
Corporation") as a State owned corporation, within the context of the State Owned
Corporations Act 1989, in relation to the supply of water, the provision of sewerage and
stormwater drainage systems and the disposal of waste water in its area of operations.
The Bill provides for the transfer of assets, rights and liabilities of the Water Board to
the Corporation and for the dissolution of the Water Board.
Detailed provision is made regarding the functions of the Corporation. A key feature
is the scheme of operating licences, which will be issued to the Corporation to enable it
to exercise its functions and which will regulate the exercise of its functions.
The Bill contains other provisions that are described below.
PART 1--PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.
Clause 3 contains definitions of terms used in the proposed Act, and also provides
that words and expressions used in the proposed Act have the same meanings as they
have in the State Owned Corporations Act 1989.
* Amended in committee--see table at end of volume.
PART 2--ESTABLISHMENT OF STATE OWNED CORPORATION
Clause 4 provides for the insertion of the name of Sydney Water corporation
Limited in Schedule 1 to the State Owned Corporations Act 1989. This action is
contemplated by the State Owned Corporations Act, and has the effect of making the
Corporation a SOC.
Clause 5 prohibits the sale or disposal of shares in the Corporation to persons other
than eligible Ministers.
Clause 6 provides that the Premier may not nominate as a voting shareholder of the
Corporation the Minister who has oversight of the provisions of the proposed Act
dealing with any operating licence granted to the Corporation. If a Minister who is a
voting shareholder becomes responsible for the administration of the relevant
provisions, the Premier is required, as soon as practicable, to revoke the Minister's
nomination as a voting shareholder of the Corporation.
PART 3--TRANSFER OF ASSETS, RIGHTS AND LIABILITIES
Clause 7 empowers the Minister to direct the transfer of the business undertaking of
the Water Board to the Corporation. On the direction taking effect, the assets of the
Water Board vest in the Corporation and the rights and liabilities of the Water Board
become those of the Corporation.
Clause 8 empowers the Minister to direct that specified assets, rights and liabilities
be excluded from the business undertaking transferred to the Corporation. These are to
be transferred instead to the Ministerial Holding Corporation constituted by the State
Owned Corporations Act 1989 or another person nominated by the Minister on behalf of
the Crown.
Clause 9 empowers the Minister to direct the transfer, to the Corporation or a
subsidiary of the Corporation, of other assets, rights or liabilities belonging to the State
or an authority of the State and used by the Water Board.
PART 4--AREA OF OPERATIONS
Clause 10 provides that the area of operations of the Corporation is the same as the
area of operations of the Water Board immediately before its dissolution. Each operating
licence is to describe in a schedule the area of operations, or the part of the area of
operations, to which it relates.
The Governor may expand or reduce the area of operations by order and may specify
in the order which systems or services the Corporation may carry out in the whole or
any part of the area of operations as so varied.
The area of operations must not be reduced unless the Minister is satisfied that
similar services to those provided by the Corporation in the area to be excised will be
provided by a council, Hunter Water Corporation Limited, a public authority or a Water
Supply Authority. Further, the area of operations must not be reduced, or expanded into
the area within which a council, Hunter Water Corporation Limited, a public authority
or a Water Supply Authority provides the same services as the Corporation, unless
consultations have taken place between the Corporation and the other body concerning
the proposed reduction or expansion and its implications.
Clause 11 provides that an order made for the purposes of the Part may include
provisions to facilitate the giving of effect to the order, such as provisions concerning
the transfer of assets, staff and records.
PART 5--OPERATING LICENCES
Clause 12 states that the Governor may grant one or more operating licences to the
Corporation to enable the Corporation, in the area of operations, to provide and maintain
systems and services for:
· storing or supplying water; or
· providing sewerage services; or
· providing stormwater drainage services; or
· disposing of waste water.
Operating licences may enable the Corporation to provide all or any of the systems or
services in the same or different parts of the area of operations.
While an operating licence is in force, the Corporation is authorised, on behalf of the
Water Administration Ministerial Corporation and despite any provision of the Water
Administration Act 1986, to exercise the right of the Water Administration Ministerial
Corporation to the use and flow, and to the control, of water for the purposes mentioned
above and the purposes of extraction and transportation of water.
Clause 13 provides that an operating licence is subject to terms and conditions
determined by the Governor. However, an operating licence must (except to the extent
that the Governor otherwise directs in an order under clause 10) include terms or
conditions requiring the Corporation:
· to provide, construct, operate, manage and maintain efficient, co-ordinated and
commercially viable systems and services for supplying water, providing sewerage
services and disposing of waste water; and
· to provide, operate, manage and maintain a stormwater drainage service within the
capacity of the stormwater drainage service included in the business undertaking
transferred to it; and
· to ensure that the systems and services meet quality and performance standards
specified in the operating licence in relation to water quality, service interruptions,
pricing and other matters determined by the Governor.
The requirement to provide, operate, manage and maintain a stormwater drainage
service is not to be included in an operating licence if the Minister is satisfied that the
service is provided by another appropriate body.
Clause 14 provides that an operating licence must also include terms and conditions
requiring the Corporation to establish and regularly consult with one or more Customer
Councils appointed by it in relation to the provision of the systems and services.
Clause 15 provides that an operating licence may only be amended in the manner
specified in the operating licence. Provision is made for the tabling in Parliament of
written notice of amendments to an operating licence and for the disallowance of
amendments by either House of Parliament.
Clause 16 states that an operating licence is to be for a maximum of 5 years and
may be renewed for a maximum of 5 years at a time.
Clause 17 states that an operating licence applies to the whole or a part of the area
of operations, as specified in the operating licence.
Clause 18 provides that, if the Minister is of the opinion that the Corporation has
contravened an operating licence, the Minister may require the Corporation to rectify the
contravention within a specified time. If, in the opinion of the Minister, the Corporation
contravenes an operating licence and whether or not a notice calling for rectification has
been served, the Governor may direct that the Corporation be served with a letter of
reprimand or pay a penalty (not exceeding $1 million). The giving of a direction does
not prevent the making of another direction by the Governor under the clause if the
contravention continues or a fresh contravention occurs.
Clause 19 deals with cancellation of an operating licence. A licence may be
cancelled by the Governor only if
· there is an unauthorised cessation in the provision of services, or any of them, by
the Corporation; or
· the Corporation is, in the opinion of the Minister, in material default in complying
with the operating licence and has not, within the time specified by the Minister,
either remedied the default or shown cause, in a manner satisfactory to the Minister,
why the operating licence should not be cancelled; or
· the Corporation is insolvent; or
· the Corporation has been convicted on more than 3 occasions within 12 months of
criminal offences punishable by a fine of at least $10,000 or, if the Corporation
were a natural person, penal servitude or imprisonment for 12 months or more.
If an operating licence is cancelled, the Governor may, by order, vest in the Crown or
another person the assets and rights of the Corporation that will enable the Crown or
other person to provide immediately the services covered by the operating licence, or
any of them, for the benefit of the Corporation's customers. The order may make
provision for the Crown or another person to assume liabilities of the Corporation or for
the Crown to pay the whole or any part of the Corporation's liabilities.
PART 6--PROVISIONS RELATING TO THE CORPORATION
Division l--Objectives of Corporation
Clause 20 sets out the principal objectives of the Corporation. These are as follows:
(a) in accordance with section 8 of the State Owned Corporations Act 1989, to be a
successful business with the aims described in the clause;
(b) to protect the environment by conducting its operations under any operating
licence with reference to the principles of ecologically sustainable development
enumerated in section 6 (2) of the Protection of the Environment Administration
Act 1991;
(c) to protect public health by supplying safe drinking water in compliance with the
requirements of any operating licence.
Division 2--Provisions relating to works
Clause 21 provides that the Corporation owns all works that it installs in or on land
or in water and all works in or on land or in water that are vested in or transferred to it
(whether or not it owns the land). The Corporation is empowered to maintain and
manage its works in a manner that will ensure that the works operate efficiently. The
Corporation may sell or otherwise deal with its works.
Clause 22 provides that authorised persons may enter land on behalf of the
Corporation for any of the purposes specified in the clause.
Clause 23 provides for the issue of certificates of authority for the purposes of the
proposed Act. The Minister may, by order, impose conditions or restrictions on
certificates of authority.
Clause 24 makes provision as to the manner in which a power to enter land may be
exercised.
Clause 25 provides that, if damage is caused in the exercise of functions under the
Division, compensation is to be provided and may be made by reinstatement, repair,
construction of works or payment. If a sewer is installed, compensation is payable only
in specified circumstances.
Clause 26 confers power on the Corporation to open the surface of a public road or
public reserve subject to conditions such as restoration and removal of rubbish.
Clause 27 specifies the procedure to be adopted by the Corporation if it wishes to
alter the position of anything in or under a public road that does not belong to the
Corporation and is used as a conduit for a substance, energy or signals.
Clause 28 provides that land in or on which a work of the corporation is installed is
taken to be the subject of a covenant in favour of the Corporation under which the
owner of the land from time to time must ensure, among other things, that the work and
its operation are not interfered with. Persons must not place structures in a manner that
interferes with the operation of the Corporation's works and are liable to compensate the
Corporation for loss or damage that results if they do so.
Clause 29 specifies other circumstances in which persons involved in causing
damage to the Corporation's works are liable to compensate the Corporation.
Clause 30 deals with the procedure to be followed if interference to works is caused
by trees.
Division 3--Acquisition of land
Clause 31 provides that the Corporation may acquire land by compulsory process
under the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the
proposed Act. The Corporation cannot give a proposed acquisition notice under the
Land Acquisition (Just Terms Compensation) Act 1991 without the Minister's approval.
Division 4--Offences
Clause 32 creates offences relating to the illegal use or diversion of water.
Clause 33 prohibits discharge of any substance into a work owned by the
Corporation without its written agreement or otherwise than in accordance with a
customer or other contract or arrangement.
Clause 34 provides that prosecution or conviction of a person for an offence against
the proposed Act does not limit other rights of the Corporation in relation to such
matters as the recovery of damages or expenses incurred because of the offence.
Clause 35 provides that certain persons involved in the commission of an offence
against the proposed Act are themselves guilty of an offence and liable to the same
penalty as the principal offender.
Clause 36 provides for proceedings for an offence against the proposed Act to be
taken before a Local Court or the Supreme Court in its summary jurisdiction. Such
proceedings may only be taken within 12 months after an offence is committed.
Division 5--Customer contracts
Clause 37 requires the initial terms and conditions of a customer contract relating to
the provision by the Corporation of water supply and sewerage services to customers to
be set out in an operating licence or licences. The terms and conditions, or a summary of
them, must be published in a daily newspaper circulating in the area of operations, and
must include particulars of the Corporation's contract charges or the manner of their
calculation (except to the extent that the contract charges relate to a government
monopoly service within the meaning of the Government Pricing Tribunal Act 1992).
Clause 38 provides that an owner of land connected to a water or sewer main
owned by the Corporation is taken to have entered into a customer contract with the
Corporation for the provision of services on the terms and conditions set out in the
operating licence or licences, as varied from time to time in accordance with clause 42.
In addition, if a customer contract contains provisions as to the imposition and payment
of availability charges or stormwater drainage charges (as to which, see notes on clauses
47 and 48 below), a person by whom those charges are payable is also taken to have
entered into a customer contract. A customer contract is not unjust, unconscionable,
harsh or oppressive for the purposes of any law.
Clause 39 provides that an owner of land is not to be taken to have entered into a
customer contract under clause 38 `in respect of an unauthorised water or sewer main
connection.
Clause 40 provides that Division 5 does not apply to a contract or other
arrangement the terms and conditions of which have been specifically agreed to by a
customer and the Corporation or by a person and a Water Supply Authority.
Clause 41 provides that the jurisdiction of a consumer claims tribunal under the
Consumer Claims Tribunals Act 1987 extends to the hearing and determination of
claims relating to the provision of services by the Corporation under a customer
contract.
Clause 42 states that the Corporation may, with the Governor's approval, vary the
terms and conditions of a customer contract by notice published in a daily newspaper
circulating in the Corporation's area of operations at least 6 months before the variation
takes effect or within a shorter period approved by the Minister. A copy of the notice is
to be given to customers with the next account for service charges issued after the
publication date. The clause does not apply to a variation of the level of fees or charges
which is in accordance with a determination of the Government Pricing Tribunal.
Division 6--Fees and charges
Clause 43 provides that the Corporation may impose fees and charges for services
or things provided by it, including availability charges and stormwater drainage area
charges. Fees and charges may be fixed by reference to any factors or combination of
factors, such as the nature of the service or thing provided, the place where it is
provided, usage or estimated usage of the service or thing, land value, land size or any
other factor specified in an operating licence or prescribed by the regulations.
Fees and charges may be imposed by customer contracts or other means. However,
fees and charges imposed by a customer contract can only be altered in accordance with
the contract or as permitted by the relevant operating licence. Further, compulsory fees
and charges may only be imposed by a customer contract (except to the extent that an
operating licence or the regulations otherwise permit).
An operating licence may regulate the imposition of fees and charges and may
specify, among other things, the fees and charges that may or may not be imposed. An
operating licence may require the Corporation to fix fees or charges on a basis that is
consistent with that employed by the Water Board before the transfer of the business
undertaking or on some other basis stipulated in the operating licence.
The proposed section has effect subject to the Government Pricing Tribunal Act
1992.
Clause 44 provides that a new owner of land is liable for contract charges unpaid by
the owner's predecessor in title as if the new owner had been a party to a customer
contract with the Corporation for provision of the services to which the unpaid charges
relate.
Clause 45 permits an occupier of land to pay outstanding contract charges,
availability charges or stormwater drainage area charges if not paid by the owner of the
land and to recover the amount involved from the owner or to deduct it from the rent or
licence or other occupation fee payable to the owner.
Clause 46 provides that, after the transfer of the business undertaking to the
Corporation, fees or charges imposed by the Corporation are not to be a charge on the
land to which they relate unless otherwise provided by the proposed Act.
Clause 47 provides that the Corporation may and, if required by an operating
licence must, require an owner of land to which a water or sewer main is available but is
not connected to pay an availability charge in relation to the land. Despite clause 46, an
availability charge is a charge on the land to which it relates. An operating licence may
require the Corporation to stop imposing availability charges.
Clause 48 provides for the declaration of stormwater drainage areas. The
Corporation may, and if required by an operating licence must, make and levy
stormwater drainage area charges on owners of land in stormwater drainage areas in the
area of operations. Despite clause 46, a stormwater drainage area availability charge is a
charge on the land to which it relates.
Clause 49 requires the Corporation, on the making of applications to it, to certify
whether any amounts payable to it in relation to particular land have been paid and, if
not, to state the amount owing and whether or not it is charged on the land.
Clause 50 provides that the Corporation may not levy service charges on land that
is described in Part l of Schedule 1 to the proposed Act unless it is land described in
Part 2 of that Schedule. This continues the service charge exemptions under the Water
Board Act 1987.
Clause 51 provides that the Corporation may enter into special arrangements with
the Valuer-General (but not in contravention of an operating licence) for the provision of
valuations for the purposes of the proposed Act. An operating licence may require the
Corporation to terminate or vary any such special arrangement.
Division 7--Development
Clause 52 contains definitions of certain terms used in the Division.
Clause 53 describes compliance certificates that may be issued by the Corporation
in relation to development.
Clause 54 provides that an approval given in relation to land in the area of
operations may be subject to a condition that a compliance certificate be obtained from
the Corporation. Nothing in the clause affects the imposition of conditions on approvals
under the Environmental Planning and Assessment Act 1979 or any other Act.
Clause 55 provides for the making of applications for compliance certificates by
developers.
Clause 56 makes provision for the grant of compliance certificates by the
Corporation. Before granting a compliance certificate, the Corporation may serve a
notice under clause 57 on the developer and require compliance with that notice.
Clause 57 provides that a notice served under the clause may require the developer
concerned, before an application for a compliance certificate is dealt with, to do any one
or more of the following:
(a) to pay an amount, assessed by the Corporation, to cover the whole or part of
relevant costs (as defined in clause 58) of certain works and systems;
(b) to enter into one or more agreements providing for one or more of the following:
(i) the payment of such an amount to the Corporation;
(ii) the construction, or the construction and manner of construction, of
specified works;
(iii) the transfer of works to the Corporation;
(c) to provide security for due performance of an agreement;
(d) to attend to additional or ancillary matters to give effect to any one or more of
the above.
The clause has effect subject to the Government Pricing Tribunal Act 1992.
Clause 58 describes the meaning of relevant costs for the purposes of clause 57.
Clause 59 provides that compliance certificates may be issued unconditionally or
subject to conditions.
Clause 60 provides that compliance certificates may be issued progressively in
relation to the stages of a development.
Clause 61 requires consent authorities (except in specified circumstances) to notify
the Corporation of development applications or building applications relating to the area
of operations or a special area that may increase the demand for water or removal of
waste water or that may damage or interfere with the Corporation's works or operations
or with the quality of water from which it draws its supply in a special area. The consent
authority must have regard to any submissions made by the Corporation when deciding
whether to consent to an application or to attach conditions to it.
Clause 62 provides for the recovery by the Corporation of money owing to it as the
result of the service of a notice under clause 57.
Division 8--Special areas
Clause 63 defines "joint sponsors" (being the Director-General of National Parks
and Wildlife, the Director-General of the Department of Conservation and Land
Management and the Corporation) and "public agency" for the purposes of the
Division.
Clause 64 enables the Governor, on the Minister's recommendation, by order to
declare an area of land (for example, a catchment area) to be a special area. The
Minister may not recommend the making of such an order unless the Minister is
satisfied that the making of the order is necessary to protect the quality of stored waters
or to maintain the ecological integrity of the land involved, consistent with fulfilment of
the Corporation's obligations under any operating licence, or both.
Clause 65 provides that the Corporation must not dispose of any land in a special
area that it owns or is vested in it unless to or in favour of a statutory body or as
authorised by an Act of Parliament. A transitional provision in Schedule 8 protects the
position of persons who have existing arrangements with the Water Board involving
dealings with land in special areas.
Clause 66 provides that the approval of the Corporation must be obtained to any
action proposed to be taken under the Crown Lands Act 1989 in relation to a special
area. It also gives the Corporation, in relation to a special area, the same powers as a
manager of a reserve trust under that Act.
Clause 67 requires notice to be given to the Corporation, and enables the
Corporation to make representations, if powers are to be exercised by a public agency in
a special area.
Clause 68 provides for the making of regulations in relation to special areas.
Clause 69 provides for the preparation and submission to the Minister of plans of
management for each special area by the joint sponsors.
Clause 70 requires the Corporation to carry out and give effect to a plan of
management adopted under the proposed Act for a special area.
Division 9--Controlled areas
Clause 71 enables the Governor, on the Minister's recommendation, by order to
declare an area of land to be a controlled area. An order applies only while the land
concerned is owned by or vested in the Corporation. Certain lands referred to in
Schedule 1 to the Water Board (Special Areas) Regulation 1989 immediately before the
commencement of the clause (namely, Prospect Reservoir and surrounding land and
certain land in or on which water transfer structures such as tunnels, pipelines, water
mains and drainage tunnels are located) are taken to be controlled areas for the purposes
of the proposed Act.
Clause 72 provides for the making of regulations in relation to controlled areas.
Division 10--Activities outside area of operations
Clause 73 provides that, if an operating licence has been issued to the Corporation,
the Corporation can exercise, outside the area of operations, on behalf of the Water
Administration Ministerial Corporation and despite any provision in the Water
Administration Act 1986, the right of the Water Administration Ministerial Corporation
to the use and flow, and to the control, of water. This right may be exercised only for the
purposes specified in the clause.
Division 11--Other matters
Clause 74 provides that the Corporation may enter into contracts or arrangements
with other persons for the provision of systems or services covered by an operating
licence. Any such person may, for the purposes covered by the contract or arrangement,
exercise on behalf of the Water Administration Ministerial Corporation and despite any
provision in the Water Administration Act 1986, the right of the Water Administration
Ministerial Corporation to the use and flow, and to the control, of water.
PART 7-MISCELLANEOUS
Clause 75 provides that a reference to a company by a specified name (such as
Sydney Water Corporation Limited) includes references to the company under a changed
name.
Clause 76 provides for the alteration of Schedule 2 to the State Owned Corporations
Act 1989 (so far as the board of the Corporation is concerned) in the manner set out in
Schedule 2 to the proposed Act.
Clause 77 provides for the alteration of Schedule 3 to the State Owned Corporations
Act 1989 (so far as subsidiaries are concerned) in the manner set out in Schedule 3 to
the proposed Act.
Clause 78 declares that the Water Board is an authority to which Schedule 4 to the
State Owned Corporations Act 1989 applies so as to provide protection of
superannuation and other entitlements of eligible employees. This declaration is
by clause 1 of the Schedule. Provision is also made as to protection of
unbroken service with the Corporation that is continuous with service with the Water
Board for the purposes of the Transferred Officers Extended Leave Act 1961.
Clause 79 provides that the proposed Act binds the Crown.
Clause 80 prohibits persons who do not hold appropriate licences, supervisor
certificates or certificates of registration, or who are not appropriately supervised, from
doing any water supply, sewerage or stormwater drainage work that is to be connected
with works owned by the Corporation. This offence attracts a maximum penalty of 100
penalty units (currently, $10,000). The prohibition does not apply to employees of the
Corporation carrying out work on its behalf or to any other person the Corporation
authorises to carry out the work. Regulations may be made under the proposed Act
concerning the performance of such work.
Clause 81 makes provision as to the service of notices under the proposed Act.
Clause 82 specifies that the Corporation must comply with the requirements of
Schedule 4 to the proposed Act as to the annual report of its operations in addition to
meeting relevant requirements of the State Owned Corporations Act 1989 and the
Corporations Law concerning annual reports.
Clause 83 provides that the Freedom of Information Act 1989 applies to the
Corporation and any subsidiaries of the Corporation as if they were public authorities.
Clause 84 provides that, despite the State Owned Corporations Act 1989, section 23
of the Independent Commission Against Corruption Act 1988 (dealing with power to
enter public premises) applies to the Corporation and its subsidiaries and to persons who
are public officials because of their connection with the Corporation or its subsidiaries.
Clause 85 empowers the Governor-in-Council to make regulations for the purposes
of the proposed Act.
Clause 86 repeals the Water Board Act 1987 and all regulations and by-laws under
that Act and the Metropolitan Water, Sewerage, and Drainage Act 1924 except as
provided in Schedule 8.
Clause 87 is a formal provision giving effect to the amendments to the Government
Pricing Tribunal Act 1992 set out in Schedule 5.
Clause 88 is a formal provision giving effect to the amendments of Acts set out in
Schedule 6.
Clause 89 is a formal provision giving effect to the amendments of regulations set
out in Schedule 7.
Clause 90 is a formal provision giving effect to the savings, transitional and other
provisions in Schedule 8.
Clause 91 provides for the review of the proposed Act within 5 years after its
commencement.
SCHEDULES
Schedule 1 describes land that is exempt from service charges, and land that is
excepted from that exemption, in accordance with clause 50.
Schedule 2 modifies the operation of Part 2 (Articles) of Schedule 2 (Provisions to
be included in Memorandum or Articles of Association of State Owned Corporations) to
the State Owned Corporations Act 1989, as regards the Corporation, by making
provision for a board consisting of specified members selected in a specified manner,
including a director with industrial relations experience, and for certain procedural
matters to do with the selection of that director.
Schedule 3 modifies the operation of Part 2 (Articles) of Schedule 3 (Provisions to
be included in Memorandum or Articles of Association of Subsidiaries) to the State
Owned Corporations Act 1989, as regards the Corporation, so that the prior approval of
the voting shareholders for the appointment of directors is needed only for directors
appointed by or on behalf of the Corporation, and for the transfer of shares is needed
only for shares held by Ministers or held by or on behalf of the Corporation.
Schedule 4 sets out requirements to be complied with in relation to the Corporation's
annual report in accordance with clause 82. These include certain of the requirements
currently applying to statutory bodies under the Annual Reports (Statutory Bodies) Act
1984 and regulations made under that Act.
Schedule 5 amends the Government Pricing Tribunal Act 1992 by introducing
provisions relating to the determination of maximum prices for government monopoly
services provided by specified government agencies and by including the Corporation
(in place of the Water Board) in the Schedule of government agencies in respect of
which the Government Pricing Tribunal has a standing reference.
Schedule 6 makes consequential amendments to various Acts, including amendments
to the Valuation of Land Act 1916 to set out the special arrangements for provisions of
valuations to the Corporation as referred to in the note to clause 51 above.
Schedule 7 makes consequential amendments to various regulations.
Schedule 8 contains savings, transitional and other provisions.
These include provisions dealing with the dissolution of the Water Board and the
vacation of office by Board members. Compensation is payable to members vacating
office on the dissolution of the Water Board under Part 8 of the Public Sector
Management Act 1988 unless the former member is immediately appointed to the
service of the Corporation or one of its subsidiaries. On dissolution of the Water Board,
the Corporation is taken for all purposes to be the same legal entity as the Water Board.
This provision does not affect a transfer of assets, rights and liabilities under the
proposed Act.
Provision is also made for the Governor, on the Minister's recommendation, by order
to declare an area of land to be part of the outer catchment of the Corporation. Such an
order may be amended or repealed by a State environmental planning policy or a
regional environmental planning policy made under the Environmental Planning and
Assessment Act 1979. Consent authorities in outer catchment areas must notify the
Corporation of any development application that may adversely affect the quality of
water from which the Corporation draws its supply and must have regard to any
submissions made by the Corporation concerning the development application.