New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 39)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such 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 its 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 its publication.
(1) Any act, matter or thing done before the commencement of this clause:(a) by the Ministerial Corporation, the Department of Infrastructure, Planning and Natural Resources or the Department of Energy, Utilities and Sustainability in respect of the capture, storage or release of water or any other function of the Corporation in the area of operations of the Corporation, or(b) by the Minister administering the Fish River water supply scheme in respect of the supply of water from that scheme,or any associated functions, continues to have effect after that commencement as if the act, matter or thing were done by the Corporation.
(2) The Corporation may vary or revoke (if otherwise permitted under this Act or the regulations or any other applicable Act or law) any act, matter or thing continued under this clause.
(1) In this clause:
"IPART determination" means determination No 3, 2001 made by the Tribunal and published in Gazette No 30 of 25 January 2002 at pages 563-577.
(2) For the purposes of the Independent Pricing and Regulatory Tribunal Act 1992 , the IPART determination continues to apply to water released by the Corporation until a replacement determination is issued.
(3) Despite subclause (2), the prices in the IPART determination that applied to water supplied immediately before 30 June 2004 are to be increased by 2% in relation to water supplied on or after 1 July 2004.
(4) Nothing in this clause prevents the IPART determination being replaced, or a further determination being issued for the Corporation.
(1) In this clause:
"order of the Minister" means the order of the Minister under section 243 (3) of the Water Management Act 2000 that had effect immediately before the repeal of section 243 of that Act by Schedule 3.21 [1].
(2) The order of the Minister continues to apply to water supplied from the Fish River water supply scheme until a determination under section 315 of the Water Management Act 2000 in respect of that scheme takes effect.
A period within which any matter is required to be done under this Act or the State Owned Corporations Act 1989 in relation to a statement of corporate intent, in connection with the first statement of corporate intent of the Corporation, may be extended by the voting shareholders of the Corporation.
(1) This clause applies to development or an activity relating to:(a) water management works or other infrastructure or assets transferred to the Corporation from the Ministerial Corporation, the State or a public or local authority under this Act, or(b) a function conferred on the Corporation under this Act that was, immediately before its conferral, conferred on the Ministerial Corporation, the State or a public or local authority.
(2) A development application or environmental impact statement relating to a matter referred to in subclause (1) made or prepared by the Ministerial Corporation, the State or a public or local authority under the Environmental Planning and Assessment Act 1979 before its conferral, and not finally determined (in the case of a development application) or considered (in the case of an environmental impact statement) before that commencement, is taken to have been made or prepared by the Corporation.
(1) This clause applies to an authorisation granted to the Ministerial Corporation, the State or a public or local authority under any of the following Acts or under a regulation under any of those Acts, and in force immediately before the commencement of this clause:(a) Dangerous Goods Act 1975 ,(b) Environmental Planning and Assessment Act 1979 ,(c) Occupational Health and Safety Act 2000 ,(d) Protection of the Environment Operations Act 1997 ,(e) Water Act 1912 ,(f) Water Management Act 2000 ,(g) any other Act prescribed by the regulations.
(2) An authorisation is, to the extent that it relates to transferred functions or assets, taken to be held by the Corporation on the same terms and conditions as the Ministerial Corporation, the State or the public or local authority held the authorisation immediately before the commencement of this clause.
(3) The regulations may exempt an authorisation from the operation of this clause.
(4) Nothing in this clause prevents an authorisation from being varied, cancelled or replaced.
(5) In this clause:
"authorisation" includes a licence, permit or approval.
"transferred functions or assets" means functions conferred on, or assets, rights or liabilities vested in, the Corporation by or under this Act, that were, immediately before the conferral or vesting, conferred on, or vested in, the Ministerial Corporation, the State or a public or local authority.
(1) For the purposes of Part 9 of the Water Act 1912 , the Corporation is taken, at the time of transfer, to have been granted a water management licence under section 188 of that Act, for each water management work transferred to the Corporation by or under this Act (a "deemed water management licence").
(2) A deemed water management licence (other than a deemed water management licence for the Fish River water supply scheme) does not authorise the Corporation to take and use water from any water source.
(3) The Ministerial Corporation is not required to comply with section 189 (3) of the Water Act 1912 in relation to any condition that it imposes on a deemed water management licence within 6 months after the date that the licence is taken to have been granted.
(4) If water management works are transferred to the Corporation by or under this Act, the Corporation is taken on the date of the transfer to have been granted all relevant approvals under Part 3 of Chapter 3 of the Water Management Act 2000 required to allow the Corporation to use those works in accordance with the Corporation’s functions (a "deemed approval").
(5) A deemed approval is subject to the provisions of the Water Management Act 2000 as if the approval had been granted under Division 2 of Part 3 of Chapter 3 of that Act at the time of the transfer of the relevant water management works, and accordingly it may be subjected to conditions, suspended or cancelled in accordance with that Act.
(6) The Minister administering the Water Management Act 2000 is not required to comply with section 102 (1) of that Act in relation to any discretionary condition imposed on a deemed approval within 6 months after the date that the approval is taken to have been granted.
(7) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of a deemed water management licence or a deemed approval.
(8) The Corporation is taken to hold any other licence or approval necessary under the Water Management Act 2000 or the Water Act 1912 to allow it to take and use water in the exercise of its functions.
(9) Any licence or approval under subclause (8) is taken to have effect for a period of 12 months commencing on the date of commencement of this clause or for such longer period as may be prescribed by the regulations.
(1) All assets, rights and liabilities of the Ministerial Corporation, the State or a public or local authority comprising the Fish River water supply scheme are transferred to the Corporation on the commencement of Schedule 3.21 [1].
(2) Any money in, or required to be paid into, the Fish River Water Supply Account immediately before the commencement of Schedule 3.21 [1], less any amount required, at that time, to be repaid to the Treasurer under section 251 (2) of the Water Management Act 2000 , is to be paid to the Corporation.
(3) Any amount owing to the Minister immediately before the commencement of Schedule 3.21 [1] in relation to the supply of water from the Fish River water supply scheme, is to be paid to the Corporation and may be recovered by the Corporation as a debt in a court of competent jurisdiction.
(4) On and after the commencement of Schedule 3.21 [1], the Corporation is entitled to the benefit and subject to the burden of, and taken to be a party to, any contract or arrangement in relation to the Fish River water supply scheme entered into by the Minister (or by a person on behalf of the Minister) with any person and having force immediately before the commencement of Schedule 3.21 [1].
(5) Schedule 1 applies to any transfer of assets, rights or liabilities under this clause.
(6) In this clause:
"Fish River Water Supply Account" has the same meaning as in Division 4 of Part 1 of Chapter 5 of the Water Management Act 2000 , before the repeal of that Division by Schedule 3.21 [1].
"Minister" means the Minister administering the Fish River water supply scheme immediately before the commencement of Schedule 3.21 [1].
For the purposes of any easement, the benefit of which is transferred to the Corporation by or under this Act, the Corporation is taken to be a body representing the Crown.
Any device for generating electricity from water released in accordance with this Act, that was on or in any water management work immediately before that work was transferred to the Corporation by or under this Act, is taken to have been authorised under section 26.
(1) Despite any other provision of this Act, the Governor may, on the recommendation of the portfolio Minister, grant an interim operating licence to the Corporation.
(2) The interim operating licence is subject to the terms and conditions determined by the Governor.
(3) Subject to subclause (4), the interim operating licence is taken to be an operating licence and the provisions of this Act apply accordingly.
(4) Section 12 (1) and (2) and section 14 do not apply in relation to the interim operating licence.
(5) The interim operating licence ceases to have effect:(a) on the granting of an operating licence under section 11, or(b) 1 year after the date of assent to this Act,whichever occurs first.