SCHEDULE 9 - Savings and Transitional Provisions – Water Management Amendment (Dam Works) Act 2015

Section 314

1.    Interpretation

In this Schedule –

Assessment Committee means the Assessment Committee for Dam Construction constituted under section 138 of the previous Act;

commencement day means the day on which section 20 of the Water Management Amendment (Dam Works) Act 2015 commences;

existing permit means a permit granted under section 157 of the previous Act and in force immediately before the commencement day;

new Act means this Act as in force on and after the commencement day;

offset has the same meaning as in section 138 of the new Act;

offsets register has the same meaning as in section 138 of the new Act;

previous Act means this Act as in force immediately before the commencement day;

registered offset has the same meaning as in section 138 of the new Act.

2.    Abolition of Assessment Committee for Dam Construction

(1) The Assessment Committee is abolished.

(2) The appointment of each member of the Assessment Committee is revoked.

(3) Each subcommittee established by the Assessment Committee under section 142 of the previous Act is abolished.

(4) The appointment of each member of a subcommittee referred to in subclause (3) is revoked.

(5) A member of the Assessment Committee, or a member of a subcommittee referred to in subclause (3) , is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member.

3.    Orders exempting dam works from needing permit

An order made under section 137(2) of the previous Act and in force immediately before the commencement day is taken to be an order made under section 140 of the new Act.

4.    Existing permits

(1) An existing permit continues in force as if it were a Division 3 permit issued under the new Act, subject to the conditions to which the existing permit was subject immediately before the commencement day.

(2) Subclause (1) ceases to apply in relation to an existing permit that relates to dam works or to a dam constructed under the existing permit, when all conditions of that permit that relate to –

(a) the operation of the dam; or

(b) an offset in relation to the dam works or a dam –

have been fulfilled or have become conditions of a water licence, a dam operating notice, or a registered offset, that relates to the dam works or dam.

(3) The Minister may require the Secretary to register in the offsets register an offset, the carrying out of which is a condition of a permit to which subclause (1) relates.

(4) If an offset is registered in accordance with subclause (3) , it is taken to be a condition of the registered offset under section 164R of the new Act that the offset will be carried out.

(5) If, under section 159(9) of the previous Act, an application for the extension of the time for which an existing permit is in force was made, but not determined, before the commencement day, that application is taken to be an application for the extension of the relevant Division 3 permit made, on the day on which the application was made under the previous Act, under section 164E of the new Act.

(6) If, under section 162(1) of the previous Act, a request to amend an existing permit was made by the holder of the existing permit, but not determined, before the commencement day, the request is taken to be an application for an amendment of the relevant Division 3 permit made, on the day on which the request was made under the previous Act, under section 164F of the new Act.

(7) If it is a condition of an existing permit that notice of the completion of the dam works to which the permit relates is to be given, section 164ZA of the new Act does not apply in relation to the dam works.

5.    Applications for permits

(1) Subclause (2) applies in relation to an application if –

(a) the application is an application, for a permit, made under section 146(1) of the previous Act; and

(b) the application is not an application that was, before the commencement day, taken under section 149(4) of the previous Act to not have been received by the Assessment Committee; and

(c) the application was not, before the commencement day, granted, or refused, by the Assessment Committee under the previous Act.

(2) If this subclause applies in relation to an application –

(a) the application is taken to be an application for a Division 3 permit made, on the day on which the application under the previous Act was made, under section 144 of the new Act; and

(b) any representation made under section 149 of the previous Act in relation to the application is taken to be a representation made, in relation to the application, under section 146 of the new Act.

(3) If the Director, under section 152(2) or (3) of the previous Act, refers an application for a permit under the previous Act to the Board under section 27(2) of the EMPC Act, that referral is taken to be a referral made under section 148 of the new Act.

(4) If the Assessment Committee, by a notice under section 154(1) or 155A(2) of the previous Act, required an applicant for a permit under the previous Act to provide additional information or to take or arrange for the taking of an action, and the requirement had not been satisfied before the commencement day, the notice is taken to be a notice issued under section 149 of the new Act on the day on which the requirement was imposed.

(5) If a request was made under section 155B of the previous Act for the Assessment Committee to amend an application for a permit and the request was not determined under that section before the commencement day, the request is taken to be a request under section 151 of the new Act.

6.    Applications for approval of dam works

If, under section 146(4)(d) of the previous Act, an application for approval of dam works was made, but not determined, before the commencement day, that application is taken to be a notice of completion, in relation to the dam works, given under section 164ZA of the new Act.

7.    Dam works for which permit was not required under previous Act

(1) Subclause (2) applies in relation to dam works carried out after the commencement day, if –

(a) a person undertaking the dam works before the commencement day was not required, under the previous Act, to hold a dam works permit in relation to the dam works; and

(b) the dam works had commenced before the commencement day; and

(c) immediately after the commencement day, a person who proposes to undertake the dam works –

(i) is entitled to a Division 4 permit under section 159 of the new Act; or

(ii) is required under the new Act to hold a Division 3 permit before undertaking the works.

(2) If this subclause applies in relation to dam works –

(a) section 143 of the new Act does not apply in relation to so much of the dam works as are carried out before 6 months after the commencement day; and

(b) where the dam works are completed before 6 months after the commencement day, section 164ZB of the new Act applies in relation to the dam works as if the person who carried out the dam works held a Division 4 permit in relation to the dam works.

8.    Notice requiring action if offence committed

(1) If a notice under section 147(1) of the previous Act directing that action be taken was given, but not complied with, before the commencement day, that direction is taken to be a requirement under section 164ZM(1) of the new Act.

(2) If, immediately before the commencement day, a person is authorised under section 147(5) of the previous Act to enter on land and take any action specified in the authorisation, that authorisation is taken to be an authorisation given under section 164ZM(4)(a) of the new Act.

9.    Appeals

(1) If, under section 276 of the previous Act, an appeal against a direction made under section 147 of the previous Act was instituted, but not determined, before the commencement day, that appeal is taken to be an appeal under section 276 of the new Act against a requirement under section 164ZM of the new Act.

(2) If, under section 276 of the previous Act, an appeal against a requirement made under section 154 of the previous Act was instituted, but not determined, before the commencement day, that appeal is taken to be an appeal under section 276 of the new Act against a requirement under section 149 of the new Act.

(3) If, under section 276 of the previous Act, an appeal against the grant or refusal to grant a permit under Part 8 of the previous Act or the imposition of a condition on such a permit was instituted, but not determined, before the commencement day, that appeal is taken to be an appeal under section 276 of the new Act against the determination under section 156, or section 164, respectively, of the new Act.

10.    Legal proceedings

(1) A legal proceeding that is instituted by or against the Assessment Committee and is pending immediately before the commencement day may be continued by or against the Crown.

(2) A legal proceeding that could have been instituted by or against the Assessment Committee to enforce a right that had accrued, and was in existence, immediately before the commencement day may be instituted by or against the Crown.

(3) A judgment or order of a court obtained by or against the Assessment Committee before the commencement day may be enforced by or against the Crown.

11.    Documents

(1) If appropriate –

(a) a document issued or made by the Assessment Committee is taken to have been issued or made by the Minister; and

(b) a document served on or by, or provided to or by, the Assessment Committee is taken to have been served on or by, or provided to or by, the Minister.

(2) If appropriate, a reference in a document, including an existing permit, to the Assessment Committee is taken to be, or to include, a reference to the Minister.

12.    Subordinate instruments amended by amending Act may be amended or rescinded by regulations

The amendment by the Water Management Amendment (Consequential and Transitional Provisions) Act 2015 of a provision of any regulations made under any other Act does not prevent that provision, or any other provision, of those regulations from being amended or rescinded by a later regulation.