New South Wales Consolidated Acts

CENTRAL COAST WATER CORPORATION ACT 2006 - SECT 2

2 Commencement

(1) This Act commences on a day or days to be appointed by proclamation, subject to this section.

(2) The proclamation to commence section 4 (the "proclamation constituting the Corporation") may not be made except on the Minister’s recommendation.

(3) The Minister’s recommendation for the proclamation constituting the Corporation may not be given unless each of the constituent councils:

(a) has, by a resolution of the council, approved a constitution for the Corporation, being a constitution that complies with section 8, and

(b) has, pursuant to a resolution of the council, entered into a voting shareholders’ agreement with the other constituent council, being an agreement that complies with section 10, and

(c) has, pursuant to a resolution of the council, requested the making of the recommendation.

(4) A constituent council may not take any action under subsection (3) except with the consent of the Minister and subject to such conditions, if any, as the Minister may specify and, for the avoidance of doubt, section 358 of the Local Government Act 1993 does not apply to or in respect of any such action.

(5) Schedule 7.2 [4] commences:

(a) except as provided by paragraph (b), on the first anniversary of the commencement of section 4, or

(b) if a proclamation commencing Schedule 7.2 [4] (the "proclamation establishing the Corporation as a water supply authority") is made before that anniversary, on the day appointed by that proclamation.

(6) The day appointed by the proclamation establishing the Corporation as a water supply authority may be a day occurring any time before, or within 12 months after, the first anniversary of the commencement of section 4.

(7) The proclamation establishing the Corporation as a water supply authority may not be made except on the Minister’s recommendation.

(8) The Minister’s recommendation for the proclamation establishing the Corporation as a water supply authority may not be given unless each of the constituent councils has, pursuant to a resolution of the council, requested the making of the recommendation.