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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water (Commonwealth Powers) Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose s 1
2 Commencement 2
PART 2--REFERENCE OF POWERS 3
3 Definitions 3
4 Reference of matters 6
5 Termination of references 7
6 Effect of termination of amendment reference before initial
reference 8
7 Evidence 9
PART 3--AMENDMENT OF THE MURRAY-DARLING BASIN
ACT 1993 11
8 Purpose 11
9 Definitions 11
10 Substitution of Part 2 12
PART 2--STATE MEMBER OF BASIN OFFICIALS
COMMITTEE 12
5 Appointment of member 12
6 Acting member of the Committee 13
7 Period of appointment 14
8 Standing obligation to disclose interests 14
9 Obligation to disclose interest before considering a
particular matter 15
11 Consequential repeal of sections 12 to 15 16
12 Repeal of tolls provision 16
13 Consequential repeal of section 24 16
14 Consequential repeal of section 26(a) 16
15 Consequential repeal of section 27 16
16 Section 28 substituted 16
28 Certain documents to be laid before Parliament 16
17 Consequential repeal of section 29 17
561295B.I-7/10/2008 i BILL LA INTRODUCTION 7/10/2008
Clause Page
18 Repeal of section 31, jurisdiction of Court 17
19 Repeal of section 33, spent provision 17
20 Repeal of Schedules 1 and 2 17
PART 4--CONSEQUENTIAL AMENDMENT AND REPEAL OF
OTHER ACTS 18
21 Insertion of definition in Water Act 1989 18
22 Consequential amendment of reference in Water Act 1989 18
23 Consequential amendment of section 160 of the Water
Act 1989 18
24 Consequential amendment of section 6A of the Snowy Hydro
Corporatisation Act 1997 18
25 Repeal of Murray-Darling Basin Amendment Act 2007 19
PART 5--REPEAL OF CERTAIN PARTS 20
26 Repeal of Parts 3, 4 and this Part 20
ENDNOTES 21
561295B.I-7/10/2008 ii BILL LA INTRODUCTION 7/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Water (Commonwealth Powers) Bill
2008
A Bill for an Act to refer certain matters relating to water management
to the Commonwealth Parliament for the purposes of section
51(xxxvii) of the Constitution of the Commonwealth and to amend the
Murray-Darling Basin Act 1993 to provide for the carrying out of an
agreement between the Commonwealth, New South Wales, Victoria,
Queensland, South Australia and the Australian Capital Territory with
regard to the water resources of the Murray-Darling Basin, to repeal
all provision in that Act as to any former agreement revoked by that
agreement, to make consequential amendments to the Snowy Hydro
Corporatisation Act 1997 and the Water Act 1989 to repeal the
Murray-Darling Basin Amendment Act 2007 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are to--
561295B.I-7/10/2008 1 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 1--Preliminary
s. 2
(a) refer certain matters relating to water
management to the Commonwealth
Parliament for the purposes of section
51(xxxvii) of the Constitution of the
5 Commonwealth; and
(b) amend the Murray-Darling Basin Act 1993
to provide for the carrying out of an
agreement between the Commonwealth,
New South Wales, Victoria, Queensland,
10 South Australia and the Australian Capital
Territory with regard to the water resources
of the Murray-Darling Basin, to repeal all
provision in that Act as to any former
agreement revoked by that agreement; and
15 (c) make consequential amendments to the
Snowy Hydro Corporatisation Act 1997
and the Water Act 1989; and
(d) to repeal the Murray-Darling Basin
Amendment Act 2007.
20 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2009 it comes into
25 operation on that day.
__________________
561295B.I-7/10/2008 2 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 2--Reference of Powers
s. 3
PART 2--REFERENCE OF POWERS
3 Definitions
(1) In this Part--
amendment reference means the reference under
5 section 4(1)(b);
Basin water resources means water resources
within or beneath that part of the State that
comprises the Murray-Darling Basin (as
defined in the terms, or substantially in the
10 terms, set out in the initial referred
provisions), but does not include ground
water resources of the Great Artesian Basin;
Commonwealth Water Act means the Water Act
2007 of the Commonwealth, as in force from
15 time to time;
Commonwealth Water Act instrument means any
instrument (whether or not of a legislative
character) that is made or issued under the
Commonwealth Water Act;
20 critical human water needs means the needs for a
minimum amount of water, that can only
reasonably be provided from Basin water
resources, required to meet--
(a) core human consumption requirements
25 in urban and rural areas; and
(b) those non-human consumption
requirements that a failure to meet
would cause prohibitively high social,
economic or national security costs;
561295B.I-7/10/2008 3 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 2--Reference of Powers
s. 3
express amendment of the Commonwealth Water
Act means the direct amendment of the text
of Parts 1A, 2A, 4, 4A, 10A and 11A of that
Act or of definitions of terms used in those
5 Parts (whether by the insertion, omission,
repeal, substitution or relocation of words or
matter) by another Commonwealth Act or by
an instrument under a Commonwealth Act,
but does not include the enactment by a
10 Commonwealth Act of a provision that has
or will have substantive effect otherwise than
as part of the text of those Parts or those
definitions;
initial reference means the reference under
15 section 4(1)(a);
initial referred provisions means the text of Parts
1A, 2A, 4, 4A, 10A and 11A set out in the
tabled text;
Murray-Darling Basin Agreement means the
20 Murray-Darling Basin Agreement (a copy of
which is set out in the tabled text), as
amended from time to time by the parties to
that Agreement in accordance with the
procedure set out in that Agreement;
25 reference means--
(a) the initial reference; or
(b) the amendment reference;
referred subject-matters means any of the
following--
30 (a) the powers, functions and duties of
Commonwealth agencies that--
(i) relate to Basin water resources;
and
(ii) are conferred by or under the
35 Murray-Darling Basin Agreement;
561295B.I-7/10/2008 4 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 2--Reference of Powers
s. 3
(b) the management of Basin water
resources to meet critical human water
needs;
(c) water charging in relation to Basin
5 water resources (other than for urban
water supply after the removal of the
water from a Basin water resource);
(d) the transformation of entitlements to
water from a Basin water resource to
10 enable trading in those water
entitlements;
(e) the application, in relation to water
resources that are not Basin water
resources, of provisions of the
15 Commonwealth Water Act dealing with
the subject-matters specified in
paragraphs (c) and (d) (being an
application of a kind that is authorised
by the law of the State);
20 (f) the transfer of assets, rights and
liabilities of the Murray-Darling Basin
Commission to the Murray-Darling
Basin Authority established by the
Commonwealth Water Act, and other
25 transitional matters relating to the
replacement of the Commission;
tabled text means the text of the proposed Water
Amendment Bill 2008 for a Commonwealth
Act as tabled by or on behalf of the Minister
30 for the River Murray in the House of
Assembly of South Australia on
23 September 2008.
561295B.I-7/10/2008 5 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 2--Reference of Powers
s. 4
(2) A reference in this Act to a Part of (or to be
inserted in) the Commonwealth Water Act
includes a reference to any Schedule to (or to be
inserted in) that Act that contains provisions
5 enacted for the purposes of that Part.
4 Reference of matters
(1) The following matters are referred to the
Parliament of the Commonwealth--
(a) the matters to which the initial referred
10 provisions relate, but only to the extent of the
making of laws with respect to those matters
by including the initial referred provisions in
the Commonwealth Water Act in the terms,
or substantially in the terms, set out in
15 Schedule 1 of the tabled text;
(b) the referred subject-matters, but only to the
extent of the making of laws with respect to
any such matter by making express
amendments of the Commonwealth Water
20 Act.
(2) The reference of a matter under subsection (1) has
effect only--
(a) if and to the extent that the matter is not
included in the legislative powers of the
25 Parliament of the Commonwealth (otherwise
than by a reference for the purposes of
section 51(xxxvii) of the Constitution of the
Commonwealth); and
(b) if and to the extent that the matter is included
30 in the legislative powers of the Parliament of
the State.
(3) The operation of each paragraph of subsection (1)
is not affected by the other paragraph.
561295B.I-7/10/2008 6 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 2--Reference of Powers
s. 5
(4) For the avoidance of doubt, it is the intention of
the Parliament of the State that--
(a) the Commonwealth Water Act may be
expressly amended, or have its operation
5 otherwise affected, at any time after the
commencement of this Act by provisions of
Commonwealth Acts whose operation is
based on legislative powers that the
Parliament of the Commonwealth has apart
10 from under the references under subsection
(1); and
(b) the Commonwealth Water Act may at any
time have its operation affected, otherwise
than by express amendment, at any time by
15 provisions of Commonwealth Water Act
instruments.
(5) Despite any other provision of this section, a
reference under this section has effect for a
period--
20 (a) beginning when this section commences; and
(b) ending at the end of the day fixed under
section 5 as the day on which the reference is
to terminate--
but no longer.
25 5 Termination of references
(1) The Governor in Council may, at any time, by
proclamation published in the Government
Gazette, fix a day as the day on which--
(a) the references terminate; or
30 (b) the amendment reference terminates.
(2) The Governor in Council may, by proclamation
published in the Government Gazette, revoke a
proclamation published under subsection (1), in
which case the revoked proclamation is taken (for
561295B.I-7/10/2008 7 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 2--Reference of Powers
s. 6
the purposes of section 4) never to have been
published.
(3) A revoking proclamation has effect only if
published before the day fixed under
5 subsection (1).
(4) The revocation of a proclamation published under
subsection (1) does not prevent publication of a
further proclamation under that subsection.
(5) If the amendment reference has terminated, the
10 expression the references in subsection (1)(a)
refers to the initial reference only.
6 Effect of termination of amendment reference
before initial reference
(1) If the amendment reference terminates before the
15 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
20 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--
25 (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).
30 (2) Accordingly, the amendment reference continues
to have effect for the purposes of subsection (1)
unless the initial reference is terminated.
561295B.I-7/10/2008 8 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 2--Reference of Powers
s. 7
(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
5 amendment reference.
(4) For the purposes of subsection (1)--
(a) the laws referred to in subsection (1)(a)
include Commonwealth Water Act
instruments; and
10 (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
15 Water Act instruments that have come into
operation before that time.
7 Evidence
(1) A certificate of the Clerk of the House of
Assembly of South Australia certifying that a
20 document is an accurate copy of the tabled text, or
is an accurate copy of a particular part or of
particular provisions of the tabled text, is
admissible in evidence in any proceedings and is
evidence--
25 (a) of the matter certified; and
(b) that the text of the proposed Commonwealth
Bill was tabled in the House of Assembly of
South Australia as referred to in the
definition of tabled text in section 3.
561295B.I-7/10/2008 9 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 2--Reference of Powers
s. 7
(2) Subsection (1) does not affect any other way in
which the tabling or content of the tabled text, or
the accuracy of a copy of the tabled text or of a
part or provisions of the tabled text, may be
5 established.
__________________
561295B.I-7/10/2008 10 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 3--Amendment of the Murray-Darling Basin Act 1993
s. 8
PART 3--AMENDMENT OF THE MURRAY-DARLING
BASIN ACT 1993
8 Purpose
In section 1 of the Murray-Darling Basin Act See:
Act No.
5 1993-- 39/1993.
Reprint No. 1
(a) omit "approve and"; as at
1 July 2003
(b) for "an agreement entered into between the and
amending
Commonwealth, New South Wales, Victoria Act Nos
and South Australia" substitute "an 108/2004 and
3/2007.
10 agreement entered into between the LawToday:
Commonwealth, New South Wales, Victoria, www.
legislation.
Queensland, South Australia and the vic.gov.au
Australian Capital Territory".
9 Definitions
15 (1) In section 3(1) of the Murray-Darling Basin Act
1993, for the definition of Agreement
substitute--
"Agreement means the Murray-Darling Basin
Agreement (a copy of which is set out in
20 Schedule 1 to the Water Act 2007 of the
Commonwealth), as in force from time to
time;".
(2) In section 3(1) of the Murray-Darling Basin Act
1993, the definitions of Amending Agreement,
25 authorised person, Commission, Commissioner
and State member are repealed.
(3) In section 3(1) of the Murray-Darling Basin Act
1993, insert the following definitions--
"Authority means the Murray-Darling Basin
30 Authority established under the Water Act
2007 of the Commonwealth;
Basin Officials Committee means the Committee
established under Part IV of the Agreement;
561295B.I-7/10/2008 11 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 3--Amendment of the Murray-Darling Basin Act 1993
s. 10
former agreement means--
(a) the Agreement approved under this Act
as in force before the commencement
of Part 3 of the Water
5 (Commonwealth Powers) Act 2008
and any amendments to that Agreement
agreed to by the Ministerial Council
under that Agreement before that
commencement; and
10 (b) any agreement that constituted a former
Agreement under the Agreement
specified in paragraph (a);
State Minister means the Minister who is the
member of the Murray-Darling Basin
15 Ministerial Council, established under the
Agreement, who represents the State;".
10 Substitution of Part 2
For Part 2 of the Murray-Darling Basin Act
1993 substitute--
20 "PART 2--STATE MEMBER OF BASIN
OFFICIALS COMMITTEE
5 Appointment of member
(1) The Minister may, under and in accordance
with the Agreement, appoint an individual as
25 the member of the Basin Officials
Committee representing the State.
(2) The member's appointment is not invalidated
merely because of a defect or irregularity in
connection with the appointment.
561295B.I-7/10/2008 12 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 3--Amendment of the Murray-Darling Basin Act 1993
s. 10
6 Acting member of the Committee
(1) The Minister may, in accordance with the
Agreement, appoint an individual to act as
the member of the Basin Officials
5 Committee representing the State.
(2) An individual's appointment under
subsection (1) to act as a member of the
Committee--
(a) does not cease to have effect merely
10 because the member's appointment
ceases to have effect; and
(b) if that member is replaced by the
appointment of another member,
continues in effect in relation to the
15 new member.
(3) An individual appointed to act as a member
of the Committee may act as, and perform
the functions and exercise the powers of, the
member--
20 (a) during a vacancy in the office of the
member, whether or not an appointment
has previously been made to the office;
or
(b) during any period, or during any
25 periods, when the member--
(i) is absent from duty or Australia;
or
(ii) is, for any reason, unable to attend
a meeting of the Committee; or
30 (iii) is, for any reason, unable to
perform the duties of the office.
561295B.I-7/10/2008 13 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 3--Amendment of the Murray-Darling Basin Act 1993
s. 10
(4) Anything done by or in relation to an
individual purporting to act under an
appointment is not invalid merely because--
(a) the occasion for the appointment had
5 not arisen; or
(b) there was a defect or irregularity in
connection with the appointment; or
(c) the appointment had ceased to have
effect; or
10 (d) the occasion to act had not arisen or had
ceased.
7 Period of appointment
The member of the Committee appointed for
the State and any acting member of the
15 Committee appointed for the State--
(a) holds office for the period specified in
the member's or acting member's
instrument of appointment, which must
not be more than 5 years; and
20 (b) holds office on the conditions specified
in the instrument of appointment; and
(c) is eligible for re-appointment at the end
of the period of his or her appointment.
8 Standing obligation to disclose interests
25 (1) The member of the Committee appointed for
the State (including an acting member
appointed for the State) must disclose any
interest the member has if that interest could
conflict with the proper performance of the
30 functions of the member's office.
(2) Disclosure is required whether or not there is
any particular matter under consideration
that gives rise to an actual conflict of
interest.
561295B.I-7/10/2008 14 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 3--Amendment of the Murray-Darling Basin Act 1993
s. 10
(3) The disclosure must be by written notice
given to the Chair of the Committee. The
notice must be given as soon as practicable
after the member becomes aware of the
5 potential for conflict of interest.
(4) Subsection (1) applies to interests--
(a) whether direct or indirect, and whether
or not pecuniary; and
(b) whether acquired before or after the
10 member's appointment.
9 Obligation to disclose interest before
considering a particular matter
(1) If--
(a) the member of the Committee
15 appointed for the State (including any
acting member appointed for the State)
has an interest in a matter being
considered or about to be considered by
the Committee; and
20 (b) the interest is an interest that could
conflict with the proper performance of
the functions of the member's office, as
those functions give the member a role
in deciding the matter--
25 the member must disclose the nature of the
interest to a meeting of the Committee.
(2) The disclosure must be made as soon as
possible after the relevant facts have come to
the member's knowledge.
30 (3) The disclosure must be recorded in the
minutes of the meeting of the Committee.
561295B.I-7/10/2008 15 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 3--Amendment of the Murray-Darling Basin Act 1993
s. 11
(4) Subsection (1) applies to interests--
(a) whether direct or indirect, and whether
or not pecuniary; and
(b) whether acquired before or after the
5 member's appointment.".
11 Consequential repeal of sections 12 to 15
Sections 12 to 15 of the Murray-Darling Basin
Act 1993 are repealed.
12 Repeal of tolls provision
10 Section 23 of the Murray-Darling Basin Act
1993 is repealed.
13 Consequential repeal of section 24
Section 24 of the Murray-Darling Basin Act
1993 is repealed.
15 14 Consequential repeal of section 26(a)
Section 26(a) of the Murray-Darling Basin Act
1993 is repealed.
15 Consequential repeal of section 27
Section 27 of the Murray-Darling Basin Act
20 1993 is repealed.
16 Section 28 substituted
For section 28 of the Murray-Darling Basin Act
1993 substitute--
"28 Certain documents to be laid before
25 Parliament
The Minister must cause a copy of--
(a) each annual report of the Authority
received by the State Minister under
section 214 of the Water Act 2007 of
30 the Commonwealth; and
561295B.I-7/10/2008 16 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 3--Amendment of the Murray-Darling Basin Act 1993
s. 17
(b) each amendment of the Agreement that
takes effect under the terms of the
Agreement--
to be laid before each House of Parliament
5 without delay.".
17 Consequential repeal of section 29
Section 29 of the Murray-Darling Basin Act
1993 is repealed.
18 Repeal of section 31, jurisdiction of Court
10 Section 31 of the Murray-Darling Basin Act
1993 is repealed.
19 Repeal of section 33, spent provision
Section 33 of the Murray-Darling Basin Act
1993 is repealed.
15 20 Repeal of Schedules 1 and 2
Schedules 1 and 2 to the Murray-Darling Basin
Act 1993 are repealed.
__________________
561295B.I-7/10/2008 17 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 4--Consequential Amendment and Repeal of Other Acts
s. 21
PART 4--CONSEQUENTIAL AMENDMENT AND REPEAL
OF OTHER ACTS
See: 21 Insertion of definition in Water Act 1989
Act No.
80/1989.
Reprint No. 9
In section 3(1) of the Water Act 1989 insert the
5 as at following definition--
24 April 2008.
LawToday: "Murray-Darling Basin Agreement has the same
www.
legislation. meaning as Agreement has in the Murray-
vic.gov.au Darling Basin Act 1993;".
22 Consequential amendment of reference in Water
10 Act 1989
For section 6(1)(b) of the Water Act 1989
substitute--
"(b) the Murray-Darling Basin Act 1993 and
the Murray-Darling Basin Agreement.".
15 23 Consequential amendment of section 160 of the
Water Act 1989
(1) In section 160(5) of the Water Act 1989, for "any
agreement ratified by that Act" substitute "the
Murray-Darling Basin Agreement".
20 (2) In section 160(6) of the Water Act 1989, after
"previous enactment" insert "and any references
to the Murray-Darling Basin Agreement include
references to any corresponding previous
agreement".
25 24 Consequential amendment of section 6A of the
Snowy Hydro Corporatisation Act 1997
In section 6A(2)(e) of the Snowy Hydro
Corporatisation Act 1997, for "the Murray-
Darling Basin Commission" substitute "the
30 Murray-Darling Basin Authority established under
the Water Act 2007 of the Commonwealth".
561295B.I-7/10/2008 18 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 4--Consequential Amendment and Repeal of Other Acts
s. 25
25 Repeal of Murray-Darling Basin Amendment Act
2007
The Murray-Darling Basin Amendment Act
2007 is repealed.
__________________
561295B.I-7/10/2008 19 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Part 5--Repeal of Certain Parts
s. 26
PART 5--REPEAL OF CERTAIN PARTS
26 Repeal of Parts 3, 4 and this Part
This Part and Parts 3 and 4 are repealed on the
first anniversary of the commencement of the
5 Parts.
Note
The repeal of this Part and Parts 3 and 4 does not affect the
continuing operation of the amendments made by the Parts (see
section 15(1) of the Interpretation of Legislation Act 1984).
561295B.I-7/10/2008 20 BILL LA INTRODUCTION 7/10/2008
Water (Commonwealth Powers) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561295B.I-7/10/2008 21 BILL LA INTRODUCTION 7/10/2008
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