WATER MANAGEMENT ACT 2000 - SCHEDULE 5

WATER MANAGEMENT ACT 2000 - SCHEDULE 5

SCHEDULE 5 – Constitution and procedure of water supply authorities

(Section 288)

Part 1 - Provisions relating to the members of a water supply authority

2 Elected member

(1) In this clause--


"elected member" , in the case of a water supply authority of which one or more of the members is appointed after being elected by employees of the water supply authority, means a member so elected.

(2) Regulations may be made for or with respect to the election of a person to hold office as an elected member.

(3) The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, is to be the returning officer for an election, and has and may exercise the functions conferred or imposed on the returning officer by the regulations made under this clause in relation to the election.

(4) Employees of a water supply authority are entitled to vote at an election in accordance with the regulations made under this clause.

(5) A person's nomination as a candidate for election as elected member is invalid if--

(a) the nomination is not made by at least 2 persons who are employees of the water supply authority, or

(b) the person is not, at the time of nomination, an employee of the water supply authority, or

(c) the person is not, at the time of nomination, a member of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 or an association of employees registered as an organisation under the Workplace Relations Act 1996 of the Commonwealth, being such an organisation or association that is prescribed by the regulations for the purposes of this paragraph as being an organisation or association representing employees of the water supply authority, or

(d) the instrument of nomination is not accompanied by a statutory declaration to the effect that the person is, at the time of nomination, such a member, and the returning officer is entitled to rely on the information contained in the statutory declaration.

(6) A person may be, at the same time, both the elected member and an employee of the water supply authority.

(7) Nothing in any law, rule, direction or other requirement that--

(a) is applicable to the elected member in his or her capacity as an employee of the water supply authority, and

(b) would not be so applicable if the elected member were not such an employee,

operates so as to prevent or restrict the exercise by the elected member of any of the functions of an elected member.

(8) If no person is nominated at an election, or if for any other reason an election fails, the Governor may appoint a person eligible for election to be a part-time member, and the person, on being appointed, is taken to be a person elected in the manner prescribed by the regulations made under this clause.

(9) If a vacancy occurs in the office of elected member otherwise than by reason of the expiration of the period for which an elected member was appointed--

(a) the Governor may appoint a person eligible for election to hold, subject to this Schedule, the office of elected member for a term commencing on the date of appointment or a later date specified in the relevant instrument of appointment and ending on the commencement of the term of office of the next elected member, and

(b) any such person, on being so appointed, is taken to be a person elected in the manner prescribed by the regulations made under this clause.

3 Chairperson of a water supply authority

(1) One of the members, in and by the relevant instrument of appointment as such a member, or by another instrument executed by the Governor, is to be appointed as chairperson of a water supply authority.

(2) The Governor may remove a member from the office of chairperson.

(3) A person who is a member and chairperson is taken to have vacated office as chairperson if the person--

(a) is removed from that office by the Governor under subclause (2), or

(b) resigns that office by instrument in writing addressed to the Minister, or

(c) ceases to be a member.

(4) The Minister may appoint a member to act in the office of chairperson during a vacancy in the office or during the illness or absence of the chairperson and the person, while so acting, has and may exercise all the functions of the chairperson and is taken to be the chairperson.

(5) This clause does not apply to the Broken Hill Water Board or the Cobar Water Board constituted as provided by Parts 2 and 3 of this Schedule.

4 Acting members

(1) The Minister may, from time to time, appoint a person to act in the office of a member during a vacancy in the office or during the illness or absence of the member, and the person, while so acting, has and may exercise all the functions of the member and is taken to be a member.

(2) The Minister may remove any person from any office to which the person was appointed under this clause.

(3) A person while acting in the office of a part-time member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.

5 Terms of office

Subject to this Part, a member is to hold office--

(a) in the case of a part-time member other than an elected member--for such period not exceeding 5 years, or

(b) in the case of an elected member--for such period not exceeding 5 years but not less than 3 years,

6 Remuneration

A part-time member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

7 Casual vacancies

(1) A member (other than a full-time member) is taken to have vacated office if the member--

(a) dies, resigns or is removed from office, or

(b) absents himself or herself from 4 consecutive meetings of the water supply authority of which reasonable notice has been given to the member personally or in the ordinary course of post, unless--

(i) the water supply authority has granted the member leave to be absent from those meetings, or

(ii) within 4 weeks after the last of those meetings, the member is excused by the water supply authority for having been absent from those meetings, or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(d) becomes a mentally incapacitated person, or

(e) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(f) being an elected member, ceases to be an employee of the water supply authority for which he or she is an elected member.

(2) The Governor may remove a part-time member from office.

(3) If the office of any member becomes vacant, a person is, subject to this Part, to be appointed to fill the vacancy.

8 Disclosure of pecuniary interests

(1) A member who has a direct or indirect pecuniary interest--

(a) in a matter that is being considered, or is about to be considered, at a meeting of the water supply authority, or

(b) in a thing being done or about to be done by the water supply authority,

must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the water supply authority.

(2) A disclosure by a member at a meeting of the water supply authority that the member--

(a) is a member, or is in the employment, of a specified company or other body, or

(b) is a partner, or is in the employment, of a specified person, or

(c) has some other specified interest relating to a specified company or other body or a specified person,

is taken to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person that may arise after the date of the disclosure.

(3) The water supply authority must cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book must be open at all reasonable hours to the inspection of any person on payment of such fee as may be determined by the water supply authority from time to time.

(4) After a member has, or is deemed to have, disclosed the nature of an interest in any matter or thing under subclause (1) or (2), the member must not, unless the Minister otherwise determines--

(a) be present during any deliberation of the water supply authority, or take part in any decision of the water supply authority, with respect to that matter, or

(b) exercise any functions under this Act with respect to that thing,

as the case requires.

(5) A contravention of this clause does not invalidate any decision of the water supply authority or the exercise of any function under this Act.

(6) A reference in this clause to a meeting of the water supply authority includes a reference to a meeting of a committee of the water supply authority.

9 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member and the office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.

(2) If by or under any other Act provision is made--

(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or

(b) prohibiting the person from engaging in employment outside the duties of that office,

that provision does not operate to disqualify the person from holding that office and also the office of a part-time member or from accepting and retaining any remuneration payable to the person under this Part as a part-time member.

Part 2 - Broken Hill Water Board

13 Definitions

(1) In this Part--


"Corporation" means Australian Inland Energy Water Infrastructure.


"council" means the Council of the City of Broken Hill.


"financial year" means the financial year for the Corporation.


"mining company" means a company for the time being prescribed as a mining company for the purposes of this Part.

(2) Until the regulations otherwise provide, the following companies are mining companies for those purposes--

Pasminco Australia Limited

Minerals Mining and Metallurgy Limited

(3) If a company ceases to be a mining company for the purposes of this Part, it remains responsible for any undischarged liability to which it was subject under this Part while it was a mining company.

14 Exemption from service charges

(1) Land at Broken Hill that is held by a mining company under a lease from the Crown, and is used for mining or incidental purposes, is not subject to a water service charge.

(2) Land referred to in subclause (1) is not subject to a sewerage service charge because of the construction of any sewerage works.

15 Supply of water to mining companies

(1) The Corporation must supply each mining company, at places as near as possible to the mines or works of the company, with the water required by the company to carry on its business.

(2) Subclause (1) has effect only in so far as is permitted by--

(a) the capacity of the works of the Corporation, and

(b) the requirements of the landholders of land and of other persons using water for domestic purposes.

16 Mining companies to take water

(1) A mining company is to draw from the Corporation all the water that it requires for the purposes of its business and that the Corporation is able to supply.

(2) Subclause (1) does not prevent a mining company from drawing water from--

(a) supplies conserved in its own tanks and dams, or

(b) sources other than Stephens Creek, by means lawfully used by it on and after 21 December 1915 and before 1 January 1939.

17 Water charges

(1) The charge for water supplied by the Corporation to a mining company is to be--

(a) 11 cents per kilolitre unless it is water referred to in paragraph (b), or

(b) 5.5 cents per kilolitre if it is used only for a dwelling or plantation or any other purpose determined by the Corporation to be a social purpose.

(2) A determination by the Corporation of the proportion of water supplied by it to a mining company that is water referred to in subclause (1) (b) is binding on the company.

(3) The charge imposed by subclause (1) is taken to be a charge imposed by the Corporation for water supplied to the land referred to in clause 14.

(4) No liability for a service charge arises in relation to land that--

(a) adjoins the rising main between Menindee and the pumping station at Stephens Creek, and

(b) a holding in the Western Division (within the meaning of the Crown Land Management Act 2016 ) or a part of land held under freehold title,

unless the whole of the holding or freehold land of which it forms part is within the area of operations of the Corporation.

18 Additional payments to Water Fund

(1) If, after excluding income received from the mining companies for water supplied to them during a financial year, there is a deficiency for that year in the Water Fund of the Corporation--

(a) the Treasurer, out of money to be provided by Parliament, may pay to the Corporation towards the deficiency thirteen fifty-ninths of its amount, and

(b) each mining company must, on demand, pay to the Corporation the prescribed contribution for the company.

(2) The prescribed contribution for a mining company towards the deficiency for a financial year is the amount ascertained by--

(a) calculating the amount that bears to forty-six fifty-ninths of the deficiency the same proportion as is borne by the amount payable by the company under clause 17 in that year to the total amount so payable by all the mining companies, and

(b) deducting from the amount so calculated the amount paid by the company under clause 17 in that year.

(3) The amount payable by a mining company under this clause is taken to be a charge imposed by the Corporation for water supplied by the Corporation.

19 Estimated deficit and advance payments

(1) If estimates prepared by the Corporation before the commencement of a financial year disclose the possibility of a deficit for that year in the Water Fund of the Corporation--

(a) the Corporation is to provide the Treasurer and each mining company with particulars of the estimates and the possible deficit, and

(b) the Treasurer and each mining company must, in that year, make payments to the Corporation as required by subclause (2).

(2) Towards discharging the respective liabilities of the Treasurer and each mining company for a financial year--

(a) the Treasurer must pay to the Corporation out of money to be provided by Parliament the amount estimated by the Treasurer to be sufficient to discharge the liability of the Treasurer, and

(b) each mining company must pay to the Corporation the amount estimated by the Corporation to be sufficient to discharge the liability of the mining company,

by equal instalments on 1 January, 1 April, 1 July and 1 October in that year.

(3) On the auditing of the Corporation's accounts for a financial year, the Corporation must pay to, or receive from, the Treasurer and each mining company an amount in adjustment of any difference between the estimated and actual liabilities under clause 18 for that financial year.

20 Sewerage charges

(1) Each mining company must, in respect of each financial year of the Corporation, pay to the Corporation an amount that bears to $6,400 the same proportion as the amount payable by the company to the council for ordinary rates bears to the total amount payable by all the mining companies to the council for ordinary rates for that year.

(2) The amount payable by a mining company under subclause (1) is taken to be a charge imposed by the Corporation for sewerage services for that year in respect of the land referred to in clause 14.

(3) If, in a financial year of the Corporation, there is a deficiency in its Sewerage Fund, the Treasurer, out of money to be provided by Parliament, may pay to the Corporation for application towards the deficiency--

(a) the amount of the deficiency, or

(b) $6,000,

whichever is the lesser amount.

(4) Money at credit in the Australian Inland Energy Water Infrastructure Administration Account in the Special Deposits Account at the Treasury is, at the request of the Corporation, to be paid to the Corporation for the renewal or replacement of capital assets.

21 Default by mining company

If the Corporation--

(a) has obtained judgment against a mining company for an amount payable under this Part, and

(b) the judgment remains unsatisfied even though the Corporation has taken all reasonable steps to enforce it,

Part 3 - Cobar Water Board

22 Members of the Cobar Water Board

(1) The Cobar Water Board is to consist of 7 part-time members appointed by the Governor.

(2) Of the members--

(a) one is to be selected by the Minister and is, in and by the instrument by which the person is appointed, to be appointed as President of the Board, and

(b) one is to be nominated by--

(i) Goldcorp Asia Pacific Pty Ltd, or

(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and

(c) one is to be nominated by--

(i) CBH Resources Limited, or

(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and

(d) one is to be nominated by--

(i) Cobar Management Pty Ltd, or

(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and

(e) 3 are to be nominated by the Cobar Shire Council.

(3) If a nomination under subclause (2) (b), (c), (d) or (e) is not made within a time notified by the Minister, a person nominated by the Minister is to be appointed.

(4) A person who, immediately before the substitution of this clause by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act 2006 , held office as a member of the Cobar Water Board ceases to hold office on that substitution.

(5) A person who ceases to hold office because of subclause (4) is not entitled to any remuneration or compensation because of so ceasing to hold office.

24 Meetings of the Board

(1) The President, if present, is to preside at a meeting of the Cobar Water Board.

(2) In the absence of the President from a meeting of the Board, a member elected from those present is to preside at the meeting.