WATER ACT 1912 - SCHEDULE 2

WATER ACT 1912 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 4H)

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:

Water (Amendment) Act 1988

Water and Environmental Planning Legislation Amendment Act 1997

Water Legislation Amendment Act 1997

Sydney Water Catchment Management Act 1998

Water Amendment (Flood Control Works) Act 1999

Water Legislation Amendment Act 1999

(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or on a later date.

(3) To the extent to which any such provision takes effect on 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.

Part 2 - Provisions consequent on the enactment of the Water (Amendment) Act 1988

2 Definitions

In this Part:


"scheme" ,
"trust" ,
"water allocation" and
"year" have the same meanings as they have in Division 4B of Part 2.

3 Effect of existing schemes on trusts

Where, pursuant to Division 4B of Part 2, a trust becomes subject to a scheme otherwise than at the beginning of a year, the water allocation for the trust shall be taken to be reduced by such proportion as the part of the year that has elapsed bears to the whole of the year.

Part 3 - Provisions consequent on enactment of Water and Environmental Planning Legislation Amendment Act 1997

4 Definition

In this Part:


"amending Act" means the Water and Environmental Planning Legislation Amendment Act 1997 .

5 Pending inquiries and appeals

Section 4A of this Act, as inserted by Schedule 1 [2] to the amending Act, does not apply to an inquiry or appeal that commenced before the date of assent to the amending Act.

6 Transfer of water allocations and rights

(1) Section 22D of this Act, as inserted by Schedule 1 [6] to the amending Act, extends to any application:

(a) to transfer a water allocation under Part 2 of this Act, and

(b) to transfer water rights under Part 8 of the Water (Part 2) Regulations ,

that was made, but not completed, before the date of assent to the amending Act.

(2) Any thing done under:

(a) this Act with respect to the transfer of a water allocation under Part 2 of this Act, or

(b) Part 8 of the Water (Part 2) Regulations with respect to the transfer of water rights under that Part,

that would have been validly done had section 22D been in force at the time the thing was done is validated.

Part 4 - Provisions consequent on enactment of Water Legislation Amendment Act 1997

7 Definitions

In this Part,
"amending Act" means the Water Legislation Amendment Act 1997 .

8 Application of Part 2 amendments to existing applications

An amendment to section 20AI made by the amending Act applies to applications made under that section before the commencement of the amendment in the same way as it applies to applications made under that section after that commencement.

9 Application of Part 5 amendments to existing licences

An amendment to Part 5 made by the amending Act applies to licences issued under that Part before the commencement of the amendment in the same way as it applies to licences issued under that Part after that commencement.

10 Existing notices and directions taken to be orders

(1) Any notice that was in force under section 117A immediately before the commencement of Schedule 1 [9] to the amending Act is taken to be an order under that section.

(2) Any direction that was in force under section 121A immediately before the commencement of Schedule 1 [17] to the amending Act is taken to be an order under that section.

(3) Any direction that was in force under section 123 immediately before the commencement of Schedule 1 [18] to the amending Act is taken to be an order under that section.

11 Part 9 licences for Sydney and Hunter Water Corporations

(1) On the commencement of this clause, an application is taken to have been made by Sydney Water Corporation Limited for the grant of a water management licence under Part 9 for all water management works owned or operated by it immediately before that commencement.

(2) On the commencement of this clause, an application is taken to have been made by Hunter Water Corporation Limited for the grant of a water management licence under Part 9 for all water management works owned or operated by it immediately before that commencement.

(3) Part 9 applies to an application that is taken to have been made, as referred to in subclauses (1) and (2), in the same way as it applies to an application referred to in section 188.

Part 5 - Provisions consequent on enactment of Sydney Water Catchment Management Act 1998

12 Definition

In this Part,
"amending Act" means the Sydney Water Catchment Management Act 1998 .

13 Part 9 Licence for Sydney Catchment Authority

(1) On the commencement of this clause, an application is taken to have been made by the Sydney Catchment Authority for the grant of a water management licence under Part 9 for all water management works owned or operated by it.

(2) Part 9 applies to an application that is taken to have been made, as referred to in subclause (1), in the same way as it applies to an application referred to in section 188.

Part 6 - Provisions consequent on enactment of Water Amendment (Flood Control Works) Act 1999

14 Definitions

In this Part:


"amending Act" means the Water Amendment (Flood Control Works) Act 1999 .


"approval" means an approval under Part 8.

15 Existing floodplain management plans

(1) The Ministerial Corporation may adopt as a floodplain management plan a plan that was prepared before the commencement of section 166A, which relates to the management of flood waters within a floodplain.

(2) If the plan was exhibited, and public comment was sought and taken into account before the plan was finalised, as required by the relevant floodplain development manual, the Ministerial Corporation may adopt the plan under section 166A without complying with section 166A (4).

(3) In this clause:


"relevant floodplain development manual" means the manual relating to the management of flood liable land which, at the time of the preparation of the plan, was the most recently notified manual under section 733 (5) (a) of the Local Government Act 1993 .

16 Existing controlled works

The amendments made to this Act by the amending Act apply to controlled works constructed before or after the commencement of those amendments.

17 Effect on pending applications

(1) The amendments made to this Act by the amending Act extend to pending applications, except as provided by subclause (2).

(2) Section 168B, section 169 (as substituted by the amending Act) and the amendments made to section 170 by the amending Act do not apply to pending applications.

(3) In this clause:


"pending application" means an application for approval that was made, but not determined by the Ministerial Corporation, before the commencement of Schedule 1 [29] to the amending Act.

18 Continuation of certain provisions

(1) The former provisions continue to have effect, as if the amending Act had not been enacted, with respect to any determination made by the Ministerial Corporation, before the relevant commencement date:

(a) to grant an approval under section 171 (including with respect to any objection that was made to the grant of that approval), or

(b) to refuse to grant an approval under section 171, or

(c) to grant an approval under section 171 subject to conditions, or

(d) to renew or refuse to renew an approval under section 176, or

(e) to renew an approval under section 176 subject to conditions other than those to which the approval was subject immediately before it was renewed.

(2) Accordingly:

(a) such a determination is to be dealt with by the Ministerial Corporation in accordance with the former provisions (including by referring the determination to a prescribed tribunal for inquiry and report, if that is required under the former provisions), and

(b) the former provisions have effect with respect to any determination that is referred to a prescribed tribunal for inquiry and report (whether before or after the relevant commencement date), and

(c) the former provisions have effect with respect to the decision of the prescribed tribunal in relation to such a referred determination.

(3) In this clause:


"former provisions" means the provisions of this Act, as in force immediately before the relevant commencement date.


"prescribed tribunal" means a Magistrate or a local land board.


"relevant commencement date" means the date of commencement of Schedule 1 [29] to the amending Act.

19 Conditions of approvals

Section 176A, as substituted by the amending Act, extends to approvals granted or renewed before the substitution of that section.

20 Recovery of costs of removal or modification of works

Section 181, as in force immediately before the commencement of Schedule 1 [49] to the amending Act, continues to apply in respect of any expenses incurred by the Ministerial Corporation in the exercise of its powers under section 179 (as in force immediately before the commencement of Schedule 1 [44] to the amending Act), as if section 181 had not been repealed.

21 Extension of time limit for prosecution of offences

Section 184A applies only to an offence under Part 8 or the regulations under Part 8 that is alleged to have been committed after the commencement of that section.

22 Saving of existing entitlements under Part 2 (1)

(1) An entitlement with respect to a work to which Part 2 applied because of paragraph (e) of the definition of
"Work to which this Part extends" in section 5 (1) (as in force immediately before the relevant commencement date), being a work to which Part 2 no longer extends because of the repeal of that paragraph by the amending Act, continues in force, subject to Part 2, as if the amending Act had not been enacted.

(2) However, the entitlement cannot be renewed under that Part.

(3) In this clause:


"entitlement" means a licence, permit, authority or group licence issued under Part 2, and in force immediately before the relevant commencement date.


"relevant commencement date" means the date of commencement of Schedule 1 [5] to the amending Act.