WATER (COMMONWEALTH POWERS) ACT 2008 - SECT 6

WATER (COMMONWEALTH POWERS) ACT 2008 - SECT 6

6—Effect of termination of amendment reference before initial reference

        (1)         If the amendment reference terminates before the initial reference, the termination of the amendment reference does not affect—

            (a)         laws that were made under the amendment reference before that termination (whether or not they have come into operation before that termination); or

            (b)         the continued operation in the State of the Commonwealth Water Act as in operation immediately before that termination or as subsequently amended or affected by—

                  (i)         laws referred to in paragraph (a) that come into operation after that termination; or

                  (ii)         provisions referred to in section 4(4)(a) or (b).

        (2)         Accordingly, the amendment reference continues to have effect for the purposes of subsection (1) unless the initial reference is terminated.

        (3)         Subsection (1) does not apply to or in relation to an amendment of the Commonwealth Water Act that is excluded from the operation of this section by the proclamation that terminates the amendment reference.

        (4)         For the purposes of subsection (1)—

            (a)         the laws referred to in subsection (1)(a) include Commonwealth Water Act instruments; and

            (b)         the reference in subsection (1)(b) to the Commonwealth Water Act as in operation immediately before the termination of the amendment reference includes that legislation as affected by Commonwealth Water Act instruments that have come into operation before that time.