New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 403)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActWater Management Amendment Act 2002Water Management Amendment Act 2004State Water Corporation Act 2004 (but only in relation to the amendments made to this Act)Water Management Amendment Act 2005Water Management Amendment Act 2008Water Management Amendment Act 2009Water Management Amendment Act 2010Statute Law (Miscellaneous Provisions) Act (No 2) 2011 , to the extent that it amends this Act or the regulations made under this Act
(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which such a 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 that 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 that publication.
(4) If the regulations so provide, such a provision has effect despite any other provision of this Schedule, Schedule 10 or Schedule 11.
In this Part:
"amended legislation" means any Act amended by Schedule 8, as so amended.
"appointed day", in its application to any act, matter, thing or circumstance
arising under this Part, means:
(a) in relation to a provision of the old legislation that has been repealed or amended by this Act, the day on which the repeal or amendment commences, or
(b) in relation to a new provision inserted into the amended legislation by this Act, the day on which the new provision commences."old legislation" means:
(a) any Act repealed by Schedule 7, as in force immediately before its repeal, and
(b) any Act amended by Schedule 8, as in force immediately before its amendment.
Any delegation that was in force immediately before the appointed day under a provision of the old legislation for which there is a corresponding provision in the amended legislation is taken to be a delegation in force under the corresponding provision of the amended legislation.
Subject to this Schedule and the regulations, in any Act or instrument, a reference to the Water Administration Ministerial Corporation (however described), in relation to a function that under the old legislation was exercisable by the Ministerial Corporation but under this Act is exercisable by the Minister, extends to the Minister.
Subject to this Schedule and the regulations, in any Act or instrument:
(a) a reference to a provision of the old legislation for which there is a corresponding provision in the amended legislation extends to the corresponding provision of the amended legislation, and
(b) a reference to any act, matter or thing referred to in a provision of the old legislation for which there is a corresponding provision in the amended legislation extends to the corresponding act, matter or thing referred to in the corresponding provision of the amended legislation.
Subject to this Schedule and the regulations:
(a) anything begun before the appointed day under a provision of the old legislation for which there is a corresponding provision in the amended legislation may be continued and completed under the old legislation as if this Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the old legislation for which there is a corresponding provision in the amended legislation (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of the amended legislation.
In this Division, "the 1912 Act" means the Water Act 1912 , as in force immediately before the appointed day.
Any rates and charges fixed under Part 3 or 7 of the 1912 Act are taken to have been fixed under Part 3 of Chapter 5 of this Act.
Subject to the regulations, any land that, immediately before the appointed day, was designated as a floodplain under Part 8 of the 1912 Act is taken to be a floodplain for the purposes of this Act.
A floodplain management plan adopted under section 166A of the 1912 Act is taken to be a Minister’s plan made under this Act in relation to floodplain management.
Part 3 of the Subordinate Legislation Act 1989 does not apply to or in respect of the following regulations:
(a) the Water (Part 2-General) Regulation 1997 ,
(b) the Water (Part 5-Bore Licences) Regulation 1995 ,
(c) the Water (Part 5-Drillers’ Licences) Regulation 1995 ,
(d) the Water (Part 8-General) Regulation 1995 .
In this Division, "the 1986 Act" means the Water Administration Act 1986 , as in force immediately before the appointed day.
The Water Administration Ministerial Corporation constituted by Part 2 of Chapter 8 of this Act is a continuation of, and the same legal entity as, the Water Administration Ministerial Corporation constituted by the 1986 Act.
Section 19 of the 1986 Act continues to apply to acts, matters and things that arose before the appointed day.
In this Division, "the 1987 Act" means the Water Supply Authorities Act 1987 , as in force immediately before the appointed day.
(1) Each water supply authority constituted by Part 2 of Chapter 6 of this Act is a continuation of, and the same legal entity as, the water supply authority of the same name constituted by the 1987 Act.
(2) Subject to the regulations, the area of operations of a water supply authority constituted by Part 2 of Chapter 6 of this Act is the same as the area of operations for the corresponding water supply authority constituted by the 1987 Act.
(3) Subject to this Act, the members of a water supply authority constituted by the 1987 Act continue to hold office as members of the corresponding water supply authority constituted by Part 2 of Chapter 6 of this Act for the residue of their respective terms of office under the 1987 Act.
A special area for a water supply authority constituted by the 1987 Act is taken to be a special area for the corresponding water supply authority constituted by Part 2 of Chapter 6 of this Act.
A certificate of compliance granted by a water supply authority under the 1987 Act is taken to be a certificate of compliance issued by the corresponding water supply authority under Part 2 of Chapter 6 of this Act.
(1) An order declaring a development area, charging year, drainage area, floodplain, river management area or special industry under section 28 of the 1987 Act is taken to be the corresponding order under Part 2 of Chapter 6 of this Act.
(2) Service charges levied by a water supply authority under the 1987 Act are taken to be service charges levied by the corresponding water supply authority under Part 2 of Chapter 6 of this Act.
(3) Determinations made by a water supply authority under section 34 of the 1987 Act are taken to be determinations made by the corresponding water supply authority under Part 2 of Chapter 6 of this Act.
(4) Assessments made by a water supply authority under section 35 or 36 of the 1987 Act are taken to be assessments made by the corresponding water supply authority under Part 2 of Chapter 6 of this Act.
(5) A certificate issued by a water supply authority under section 41 of the 1987 Act is taken to be a certificate issued by the corresponding water supply authority under Part 2 of Chapter 6 of this Act.
A penalty notice issued by an authorised employee of a water supply authority under section 51 of the 1987 Act is taken to have been issued by an authorised employee or agent of the corresponding water supply authority under Part 2 of Chapter 6 of this Act, and may be enforced accordingly.
Any regulations in force under the 1987 Act immediately before the appointed day are taken to be regulations under this Act, and may be amended and repealed accordingly.
In this Division, "the 1945 Act" means the Fish River Water Supply Administration Act 1945 , as in force immediately before the appointed day.
Any amount payable by a council under Part 4 of the 1945 Act is taken to be payable under Part 1 of Chapter 5 of this Act.
Any regulations in force under the 1945 Act immediately before the appointed day are taken to be regulations under this Act, and may be amended and repealed accordingly.
In this Division, "the 1956 Act" means the Hunter Valley Flood Mitigation Act 1956 , as in force immediately before the appointed day.
Any permission in force under section 12 of the 1956 Act immediately before the appointed day, and any approval in force under section 16 of the 1956 Act immediately before the appointed day, are taken to be consents in force under Part 2 of Chapter 5 of this Act.
Any work that, immediately before the appointed day, was under the control and management of the Ministerial Corporation under the 1956 Act is taken to be under the control and management of the Ministerial Corporation under Part 2 of Chapter 5 of this Act.
Any amount for which the Hunter Catchment Management Trust or a local council was liable under the 1956 Act immediately before the appointed day is taken to be an amount for which the Trust or council is liable under Part 2 of Chapter 5 of this Act.
Any regulations in force under the 1956 Act immediately before the appointed day are taken to be regulations under this Act, and may be amended and repealed accordingly.
In this Division, "the 1994 Act" means the Irrigation Corporations Act 1994 , as in force immediately before the appointed day.
Any operating licence granted to an irrigation corporation under the 1994 Act is taken to be an operating licence under Part 1 of Chapter 4 of this Act.
Section 75 of the 1994 Act continues to apply to matters arising under that Act before the appointed day as if this Act had not been enacted.
Any regulations in force under the 1994 Act immediately before the appointed day are taken to be regulations under this Act, and may be amended and repealed accordingly.
In this Division, "the 1973 Act" means the Private Irrigation Districts Act 1973 , as in force immediately before the appointed day.
(1) A provisional private domestic and stock water supply district constituted under the 1973 Act is taken to be a private domestic and stock water supply district constituted under Part 2 of Chapter 4 of this Act.
(2) A private domestic and stock water supply district constituted under the 1973 Act is taken to be a private domestic and stock water supply district constituted under Part 2 of Chapter 4 of this Act.
(3) A provisional private domestic and stock water supply and irrigation district constituted under the 1973 Act is taken to be a private domestic and stock water supply and irrigation district constituted under Part 2 of Chapter 4 of this Act.
(4) A private domestic and stock water supply and irrigation district constituted under the 1973 Act is taken to be a private domestic and stock water supply and irrigation district constituted under Part 2 of Chapter 4 of this Act.
(1) The Board of management of a provisional private district or private district under the 1973 Act is taken to be a private irrigation board under Part 2 of Chapter 4 of this Act.
(2) Subject to this Act, the members of a Board of management of a provisional private district or private district constituted under the 1973 Act continue to hold office as members of the corresponding private irrigation board under this Act for the residue of their respective terms of office under the 1973 Act.
Any work that, immediately before the appointed day, was under the control and management of the Board of management of a provisional private district or private district under the 1973 Act is taken to be under the control and management of the corresponding private irrigation board under Part 2 of Chapter 4 of this Act.
(1) Any rates and charges fixed by the Board of management of a provisional private district or private district under the 1973 Act before the appointed day are taken to have been fixed by the corresponding private irrigation board under Part 2 of Chapter 4 of this Act.
(2) A certificate issued by the Board of management of a provisional private district or private district under the 1973 Act before the appointed day is taken to be a certificate issued by the corresponding private irrigation board under Part 2 of Chapter 4 of this Act.
Any determination made by the Board of management of a provisional private district or private district under the 1973 Act before the appointed day is taken to be a determination made by the corresponding private irrigation board under Part 2 of Chapter 4 of this Act.
Any by-laws made the Board of management of a provisional private district or private district under the 1973 Act before the appointed day are taken to be by-laws made by the corresponding private irrigation board under Part 2 of Chapter 4 of this Act, and may be amended and repealed accordingly.
Any regulations in force under the 1973 Act immediately before the appointed day are taken to be regulations under this Act, and may be amended and repealed accordingly.
In this Division, "the 1939 Act" means the Drainage Act 1939 , as in force immediately before the appointed day.
Any rate levied under Division 2 of Part 5 of the 1939 Act before the appointed day is taken to be a rate levied under Division 3 of Part 3 of Chapter 4 of this Act.
Any regulations in force under the 1939 Act immediately before the appointed day are taken to be regulations under this Act, and may be amended and repealed accordingly.
In this Part:
"assets" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description (including money), and includes securities, choses in action and
documents.
"liabilities" means any liabilities, debts or obligations (whether present or
future and whether vested or contingent).
"rights" means any rights, powers, privileges or immunities (whether present
or future and whether vested or contingent).
"transfer order" means an order made by the Minister under clause 52.
"transferee" means the person to whom any staff, assets, rights or liabilities
are transferred by a transfer order.
"transferor" means the person from whom any staff, assets, rights or
liabilities are transferred by a transfer order.
(1) The Minister may, by order in writing, transfer to any public authority (including any water supply authority) any assets, rights or liabilities (but not any staff) of the Minister or the Ministerial Corporation with respect to the Fish River water supply scheme referred to in Part 1 of Chapter 5.
(2) The Minister may, by order in writing, transfer to any public authority any staff, assets, rights or liabilities of the Minister or the Ministerial Corporation with respect to the Hunter Valley flood mitigation works referred to in Part 2 of Chapter 5.
(3) The Minister may, by order in writing, transfer to any private irrigation board any assets, rights or liabilities (but not any staff) of the Minister or the Ministerial Corporation with respect to the Lowbidgee flood control and irrigation works referred to in Part 3 of Chapter 5.
(4) The Minister may, by order in writing, transfer to any public authority, irrigation corporation or private irrigation board any assets, rights or liabilities (but not any staff) of the Benerembah Irrigation District Environment Protection Trust referred to in Part 1 of Schedule 3.
(5) The Minister may, by order in writing, transfer to any public authority any assets, rights or liabilities (but not any staff) of the Upper Parramatta River Catchment Trust referred to in Part 1 of Schedule 3.
Any person who, by virtue of a transfer order, becomes a member of staff of a transferee is (until other provision is duly made under any Act or law) to be employed in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the person had the person not become a member of staff of the transferee but remained a member of staff of the transferor.
(1) When any assets, rights or liabilities are transferred by a transfer order, the following provisions have effect:(a) the assets of the transferor are, by operation of this clause, vested in the transferee,(b) the rights and liabilities of the transferor become, by operation of this clause, the rights and liabilities of the transferee,(c) all proceedings relating to the assets, rights and liabilities of the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending against the transferee,(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities of the transferor before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which it has any effect) taken to have been done or omitted by, to or in respect of the transferee,(e) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent to which it relates to the assets, rights or liabilities) taken to include a reference to the transferee.
(2) The operation of this clause is not to be regarded:(a) as a breach of confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the transferor is required.
(4) A transfer is subject to the terms and conditions of the transfer order by which it is effected.
(5) No compensation is payable to any person in connection with a transfer under this Division except to the extent (if any) to which the transfer order giving rise to the transfer so provides.
(6) Subclause (5) does not affect the rights of any member of staff referred to in clause 53.
A transfer takes effect on the date specified in the transfer order by which it is effected.
The Minister may, by order in writing, specify the consideration on which a transfer is made and the value or values at which the assets, rights or liabilities are transferred.
Duty under the Duties Act 1997 is not chargeable for or in respect of anything certified by the Minister as having been done in consequence of the operation of this clause (for example, the transfer or conveyance of an interest in land).
(1) The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities under this Division.
(2) A notice under this clause is conclusive evidence of the transfer to which it relates.
In this Part:
"the 2002 amending Act" means the Water Management Amendment Act 2002 .
Any guidelines in force under section 306 (3) (c) immediately before its amendment by the 2002 amending Act are taken to be guidelines issued by the Minister for the purposes of that paragraph as amended by that Act.
In this Part, "the 2004 amending Act" means the Water Management Amendment Act 2004 .
In any management plan made before the commencement of this clause:
(a) a reference to environmental health water or supplementary environmental water is taken to be a reference to planned environmental water, and
(b) any environmental water rules established by the plan in relation to environmental health water or supplementary environmental water are taken to have been established in relation to planned environmental water.
(1) Subject to section 43, any management plan for a water source whose nominal commencement date occurs before the date on which the water source is declared, by proclamation under section 55A, to be a water source to which Part 2 of Chapter 3 applies commences on, and has effect for 10 years from 1 July next after, the date so declared.
(2) In any management plan whose actual commencement date is later than its nominal commencement date:(a) any date or period of time that is required to be calculated by reference to the nominal commencement date is instead to be calculated by reference to the actual commencement date, and(b) any date specified in the plan is taken instead to be the date occurring after the date so specified by the number of days by which the actual commencement date succeeds the nominal commencement date.
(3) In this clause:
"actual commencement date", in relation to a management plan referred to in subclause (1), means the date on which that plan commences pursuant to that subclause.
"nominal commencement date", in relation to a management plan, means the date specified in the plan as the date on which the plan is to commence.
(1) Section 47, as substituted by the 2004 amending Act, applies to a management plan made before the substitution in the same way as it applies to a management plan made after the substitution.
(2) Subclause (1) does not apply to any management plan made before the substitution of section 47 if proceedings under section 47, as in force before the substitution, were commenced in the Land and Environment Court within 3 months after the date of its publication in the Gazette.
Section 50, as amended by the 2004 amending Act, applies to:
(a) any management plan that was in course of preparation before the commencement of this clause, and
(b) any management plan that was made before the commencement of this clause,in the same way as it applies to any management plan that is prepared or made after that commencement.
Despite section 61, a person may apply for an access licence in accordance with this Act if:
(a) the application is for a specific purpose access licence and the relevant management plan contains provisions to the effect that access licences of the type concerned should be exempt from any embargo under this Act (even though the provisions of this Act relating to the declaration of embargoes may have been repealed), or
(b) the application is for a supplementary water access licence and is made by the owner or occupier of land on which is situated a work referred to in:(i) the Schedule to the order under the Water Act 1912 published in Gazette No 119 of 19 July 2002 at page 5,493, or(ii) the Schedule to the order under the Water Act 1912 published in Gazette No 210 of 8 November 2002 at page 9,491.
(1) In any instrument that was in force under this Act immediately before the commencement of Schedule 3 [6] to the 2004 amending Act, a reference to section 71A extends to section 71M, as inserted by Schedule 3 [6].
(2) In any instrument that was in force under this Act immediately before the commencement of Schedule 3 [25] to the 2004 amending Act, a reference to section 71B-71J, 71K or 71L extends to section 71O-71W, 71Y or 71Z, respectively, as renumbered by Schedule 3 [25].
(3) The renumbering of section 71K as section 71Y does not affect the operation or validity of any access licence dealing principles or access licence dealing rules that were in force immediately before the section was renumbered.
Any direction in force under section 323 immediately before the amendment of that section by the 2004 amending Act continues to have effect as if that section had not been amended by that Act.
Any direction in force under section 325 immediately before the substitution of that section by the 2004 amending Act continues to have effect as if that section had not been substituted by that Act.
In this Part, "amending Act" means the Water Management Amendment Act 2005 .
(1) Any management plan (and any amendment of a management plan) that was published in the Gazette before the commencement of this clause is taken to have been validly made and to be valid on and from the date that it was so published.
(2) Anything done or omitted to be done before the commencement of this clause pursuant to a management plan or amendment of a management plan referred to in subclause (1) (or done or omitted purportedly in pursuance of such a plan or amendment) is taken on and from the time at which it was done or omitted to be done to have been validly done or validly omitted to be done.
(3) In this clause, a reference to a management plan, or an amendment of a management plan, includes a reference to a purported management plan or a purported amendment of a management plan.
In this Part, "the 2008 amending Act" means the Water Management Amendment Act 2008 .
(1) Any order that, immediately before the commencement of this clause, was in force under section 60 (2) is taken to have been made under section 49A, as inserted by the 2008 amending Act.
(2) Section 49A (4), as inserted by the 2008 amending Act, does not apply to an order referred to in subclause (1).
(1) A reference in sections 91H and 91I to a condition of an access licence or approval includes a reference to a condition of an entitlement as referred to in clause 2 of Schedule 10.
(2) This clause does not apply in respect of any proceedings for an offence under those sections commenced before the date of assent to the Water Management Amendment Act 2010 .
(3) Subclause (1) is taken to have commenced on the commencement of section 91H.
(1) A bore driller’s licence under the Water Act 1912 is taken to be a bore driller’s licence under this Act, and may be varied or revoked accordingly.
(2) Unless sooner revoked, a bore driller’s licence referred to in subclause (1) expires at the end of 3 years from the date on which it was issued under the Water Act 1912 .
(3) Until they are repealed, the Water Act 1912 and the Water (Part 5-Drillers’ Licences) Regulation 1995 continue to apply to a bore driller’s licence referred to in subclause (1).
In this Part:
"new corporation" means a private water corporation constituted under this
Part.
"the 2010 amending Act" means the Water Management Amendment Act 2010 .
A reference in any instrument to an adaptive environmental water condition is taken to be a reference to a condition referred to in section 8 (1) (b) (i), as inserted by the 2010 amending Act.
Sections 91A (4) and (5), 91B (5) and 91I (3), as inserted by the 2010 amending Act, do not apply to proceedings for offences commenced before the commencement of those subsections.
(1) The amendments made to Schedule 10 by the Statute Law (Miscellaneous Provisions) Act (No 2) 2011 apply in relation to the conversion of entitlements where the appointed day (within the meaning of Schedule 10) concerned is specified in a proclamation made under section 55A or 88A on or after the commencement of the amendments.
(2) Any regulations modifying the application of Schedule 10 in relation to a specified part of the State or water source before the commencement of the amendments to that Schedule continue to have effect as if the Schedule had not been amended.