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WATER ACT 1989 - SECT 307 Power of Minister to give directions

WATER ACT 1989 - SECT 307

Power of Minister to give directions

S. 307(1) amended by Nos 62/1995 s. 17, 85/2006 s. 125(1), substituted by No. 32/2010 s. 69.

    (1)     The Minister, after consulting with the Treasurer, may give a written direction to an Authority in relation to the performance of any of its functions or the exercise of any of its powers.

S. 307(1AA) inserted by No. 32/2010 s. 69.

    (1AA)     Without limiting subsection (1), a direction may be given in relation to—

        (a)     compliance with the specifications of or the conditions in a bulk entitlement; or

        (b)     compliance with—

              (i)     any conditions in; or

              (ii)     any duties imposed by the Minister on imposing—

a qualification on the holder of a bulk entitlement under Division 4 of Part 3.

S. 307(1A) inserted by No. 85/2006 s. 125(2).

    (1A)     An Authority to which a direction has been given under subsection (1) must comply with the direction.

    (2)     The Minister must give an Authority 14 days' notice of his or her intention to give a direction under subsection (1).

    (3)     If the Minister gives a direction to an Authority, the Minister must make sure that notice of the giving of the direction, and a statement or summary of the contents of the direction, is published in the Government Gazette.

    (4)     An Authority to which the Minister gives a direction must make sure that a statement or summary of the contents of the direction is included in the annual report of the Authority.

    (5)     A failure to comply with subsection (3) or (4) does not affect the validity of the direction.

S. 307A inserted by No. 85/2006 s. 126.