Tasmanian Consolidated Acts

WATER MANAGEMENT ACT 1999 - SECT 47

      (1) In this section,

"transfer day" means the day on which a notice under subsection (2) takes effect.

      (2) Where a responsible water entity –

(a) fails to comply with a requirement to provide the Minister with the information relating to any activity arising from, or for the purpose of, a water management plan; or

(b) contravenes a condition to which its administration of the plan is subject; or

(c) otherwise fails to discharge its obligations under the plan –

      (2A) The notice is not a statutory rule.

      (3) The notice may provide for the substitution of the Minister or any suitable water entity as the authority to administer the relevant water management plan, but without otherwise affecting the plan.

      (4) On the revocation, the Minister may recover from the responsible water entity as a debt due to the Crown any expense actually and reasonably incurred by the Minister in –

(a) administering the plan as a result of the failure or contravention; or

(b) making good any damage done by the water entity.

      (5) A notice under subsection (2) may provide that –

(a) the property of the responsible water entity used in the administration of the water management plan vests in any other substituted water entity; and

(b) the functions, powers and obligations of the responsible water entity relating to that administration are transferred to the other water entity; and

(c) any legal proceedings relating to that administration pending immediately before the transfer day and which were instituted by, or against, the responsible water entity may be continued by or against the other water entity; and

(d) any legal proceedings relating to that administration by, or against, the responsible water entity to enforce a right that had accrued, and was in existence, immediately before the transfer day may be commenced by or against the other water entity; and

(e) a judgment or order of a court relating to that administration obtained before the transfer day by or against the responsible water entity may be enforced by or against the other water entity; and

(f) a document relating to that administration addressed to the responsible water entity may be served on the other water entity; and

(g) a contract relating to that administration made or entered into by the responsible water entity before the transfer day but not performed or discharged before that day is taken to have been made or entered into by the other water entity.