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WATER MANAGEMENT ACT 1999 - SCHEDULE 4A - Savings and transitional provisions consequent on Water Legislation Amendment Act 2008

WATER MANAGEMENT ACT 1999 - SCHEDULE 4A

- Savings and transitional provisions consequent on Water Legislation Amendment Act 2008

SCHEDULE 4A - Savings and transitional provisions consequent on Water Legislation Amendment Act 2008

Section 307A

1.    Interpretation
In this Schedule –
amended Act means this Act as amended by the Water Legislation Amendment Act 2008 .
2.    Temporary water allocations
(1) This clause applies to a permission in force under section 90 of this Act as in force immediately before the day on which section 43 of the Water Legislation Amendment Act 2008 commences.
(2) The permission continues in force according to its terms on and after the day referred to in subclause (1) until the expiry of the period not exceeding 3 months for which the permission was granted.
3.    Well drilling offences
(1) Notwithstanding section 136A(1) of the amended Act –
(a) it is not an offence for a person to physically undertake well works contrary to that section during the first 2 months of the lead-in period; and
(b) it is not an offence for a person to physically undertake well works contrary to paragraph (a) of that section during the last 4 months of the lead-in period if the person –
(i) has applied for a well driller's licence in accordance with section 136B ; and
(ii) has not been given notice that the application has been refused; and
(c) it is not an offence for a person to physically undertake well works contrary to paragraph (b) of that section during the last 4 months of the lead-in period if the person is an employee of, and working under the on-site supervision of, someone who has or is reasonably believed by the first-mentioned person to have –
(i) applied for a well driller's licence in accordance with section 136B ; and
(ii) not been given notice that the application has been refused.
(2) In this clause –
lead-in period means the 6-month period immediately following the day on which section 62 of the Water Legislation Amendment Act 2008 commences.
4.    Well works offences
Notwithstanding section 135 of the amended Act, it is not an offence for a person to cause any well works to be undertaken contrary to that section during the first 2 months immediately following the day on which section 62 of the Water Legislation Amendment Act 2008 commences.
5.    Trust elections
(1) This clause applies if any elections of trustees are in the process of being conducted immediately before the day on which section 96 of the Water Legislation Amendment Act 2008 commences.
(2) The elections are to proceed as if the former Act and the former electoral regulations were still in force.
(3) The elections have effect under and for the amended Act.
(4) For the purposes of this clause, an election of trustees is taken to be in the process of being conducted if the returning officer has not issued a certificate of the result of the election.
(5) In this clause –
former Act means this Act as in force immediately before the day referred to in subclause (1) ;
former electoral regulations means the provisions of Part 5 of the Water Management Regulations 1999 as in force immediately before the day referred to in subclause (1) .
6.    Trust polls
(1) This clause applies if any polls under section 213 are in the process of being taken immediately before the day on which section 97 of the Water Legislation Amendment Act 2008 commences.
(2) The polls are to proceed as if the former Act and the former polling regulations were still in force.
(3) The polls have effect under and for the amended Act.
(4) For the purposes of this clause, a poll is taken to be in the process of being taken if the returning officer has not finished counting the ballot papers.
(5) In this clause –
former Act means this Act as in force immediately before the day referred to in subclause (1) ;
former polling regulations means the provisions of Part 5 of the Water Management Regulations 1999 as in force immediately before the day referred to in subclause (1) .
7.    Trust membership
(1) Subject to clause 2 of Part 1 of Schedule 3 to the amended Act, a person who was an elected trustee under the former Act retires at the same time as he or she would have retired had the Water Legislation Amendment Act 2008 not been enacted.
(2) In this clause –
former Act means this Act as in force immediately before the commencement of section 96 of the Water Legislation Amendment Act 2008 .
8.    Regulations
(1) The Governor may make regulations of a savings and transitional nature consequent on the enactment of the Water Legislation Amendment Act 2008 .
(2) A regulation made under subclause (1) in respect of any matter may take effect on a day on which any provision of the Water Legislation Amendment Act 2008 relating to that matter commences or a later day.
(3) The provisions of Division 4 of Part 15 have, subject to any necessary modification, the same application to regulations made under subclause (1) as they have to any of the regulations to which that Division applies.