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Western Australia
Machinery of Government (Water Resources)
Amendment Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Regulations -- power to amend certain statutory rules 2
Part 2 -- Amendments to the Country
Areas Water Supply Act 1947
4. The Act amended 3
5. Section 5 amended 3
6. Section 12 amended 4
7. Section 12BA amended 4
8. Section 12BD amended 4
9. Section 12BE amended 5
10. Section 12C amended 5
11. Section 12E amended 5
12. Section 12EB amended 6
13. Section 12ED amended 6
14. Section 12EE amended 7
15. Section 45 amended 7
16. Section 111 amended 7
17. Section 112 amended 7
18. Section 113 amended 7
19. Section 114 amended 7
20. Section 115 amended 8
21. Section 116 replaced 8
22. Section 121 amended 9
23. Various references to Commission changed to CEO 9
238--1 page i
Machinery of Government (Water Resources) Amendment Bill 2003
Contents
Part 3 -- Amendments to the
Metropolitan Water Authority
Act 1982
24. The Act amended 10
25. Section 4 amended 10
26. Section 5 amended 10
27. Section 19 amended 10
28. Section 98 amended 11
29. Section 99 amended 11
30. Section 106 amended 11
31. Section 107 amended 12
Part 4 -- Amendments to the
Metropolitan Water Supply,
Sewerage, and Drainage Act 1909
32. The Act amended 13
33. Section 5 amended 13
34. Section 13 amended 14
35. Section 15 amended 14
36. Section 16 amended 14
37. Section 17 amended 14
38. Section 35 repealed 14
39. Section 57A amended 14
40. Section 57B amended 15
41. Section 57C amended 15
42. Section 57D amended 15
43. Section 57E amended 15
44. Section 57G amended 15
45. Section 57H amended 16
46. Section 57I amended 16
47. Section 146 amended 16
48. Section 153 amended 16
49. Section 156 amended 16
50. Section 157 amended 17
51. Section 158 amended 17
52. Section 159 amended 17
53. Section 160 amended 18
54. Section 161 replaced 18
page ii
Machinery of Government (Water Resources) Amendment Bill 2003
Contents
Part 5 -- Amendments to the Rights in
Water and Irrigation Act 1914
55. The Act amended 19
56. Section 2 amended 19
57. Section 4 amended 20
58. Section 5 amended 20
59. Section 5A amended 20
60. Section 16 amended 20
61. Section 26B amended 20
62. Section 26E amended 21
63. Section 26GE amended 21
64. Section 26GH amended 21
65. Section 26GL amended 21
66. Section 26GS amended 21
67. Sections 26GX and 26GY amended 22
68. Section 26GZE amended 22
69. Section 26GZG amended 22
70. Section 26GZI amended 23
71. Section 26H amended 23
72. Section 26J amended 24
73. Section 26N amended 24
74. Section 27 amended 24
75. Section 27C amended 25
76. Section 35 amended 25
77. Section 38 amended 25
78. Section 39 replaced 25
79. Section 69 amended 25
80. Section 70 amended 26
81. Section 71 amended 26
82. Section 73 amended 26
83. Section 75 replaced 26
84. Section 79A amended 27
85. Schedule 1 clause 6 amended 27
86. Schedule 1 clause 12 amended 27
87. Schedule 1 clause 15 amended 28
88. Schedule 1 clause 22 amended 28
89. Schedule 1 clause 26 amended 28
90. Schedule 1 clause 29A inserted 29
91. Schedule 1 clause 35 amended 30
92. Heading to Schedule 1 Division 8 amended 30
page iii
Machinery of Government (Water Resources) Amendment Bill 2003
Contents
93. Schedule 1 clause 38 amended 30
94. Heading to Schedule 1 Division 10 amended 31
95. Schedule 1 clause 41 amended 31
96. Various references to Commission changed to CEO 31
Part 6 -- Amendments to the Swan
River Trust Act 1988
97. The Act amended 34
98. Section 3 amended 34
99. Section 12 amended 34
100. Section 18 amended 34
101. Section 19 amended 35
102. Section 31 amended 35
103. Section 61 amended 35
104. Section 64 amended 35
Part 7 -- Amendments to the Water
Agencies (Powers) Act 1984
105. The Act amended 36
106. Long title amended 36
107. Section 3 amended 36
108. Section 9 inserted 38
109. Section 34 amended 38
110. Section 36 amended 39
111. Section 38 amended 40
112. Section 62 amended 40
113. Section 63 amended 40
114. Section 70 amended 41
115. Section 71 amended 41
116. Section 72 amended 42
117. Section 73 amended 42
118. Section 77 amended 43
119. Section 78 amended 43
120. Section 79 amended 43
121. Section 81 amended 43
122. Section 83 amended 46
123. Section 84 amended 46
124. Section 86 amended 47
125. Section 88 amended 48
126. Section 91 amended 48
page iv
Machinery of Government (Water Resources) Amendment Bill 2003
Contents
127. Section 93 amended 48
128. Various references to Commission changed to
Minister 49
129. Various references to Commission changed to CEO 49
Part 8 -- Repeal of the Water and Rivers
Commission Act 1995
130. The Water and Rivers Commission Act 1995 repealed 51
Part 9 -- Amendments to the
Waterways Conservation Act 1976
131. The Act amended 52
132. Long title amended 52
133. Section 3 amended 52
134. Section 5 amended 53
135. Section 8 amended 53
136. Section 9 amended 53
137. Section 10 amended 54
138. Sections 11 to 30 replaced by sections 11 to 14 54
139. Section 31 amended 58
140. Section 32 amended 58
141. Section 33 amended 59
142. Section 34 repealed 59
143. Section 35 amended 59
144. Section 36 amended 60
145. Section 37 amended 61
146. Section 38 amended 62
147. Sections 39 and 42 repealed 62
148. Section 46 amended 62
149. Section 48 amended 62
150. Section 49 amended 63
151. Section 50 amended 63
152. Section 51 amended 64
153. Section 52 amended 64
154. Section 53 amended 64
155. Section 54 replaced 64
156. Section 56 amended 66
157. Section 57 amended 67
158. Section 58 repealed 67
159. Section 59 amended 67
page v
Machinery of Government (Water Resources) Amendment Bill 2003
Contents
160. Section 61 amended 67
161. Section 62 amended 67
162. Section 63 amended 68
163. Section 64 amended 68
164. Section 67 repealed 68
165. Section 69 amended 68
166. Section 71 amended 69
167. Section 75 amended 69
168. Section 76 amended 70
169. Schedule repealed 70
170. Various references to Commission changed to CEO 71
Part 10 -- Consequential amendments
to other Acts
171. Conservation and Land Management Act 1984
amended 72
172. Constitution Acts Amendment Act 1899 amended 73
173. Energy Operators (Powers) Act 1979 amended 74
174. Environmental Protection Act 1986 amended 74
175. Financial Administration and Audit Act 1985
amended 75
176. Public Sector Management Act 1994 amended 75
177. Public Works Act 1902 amended 75
178. Sentencing Act 1995 amended 76
179. Soil and Land Conservation Act 1945 amended 76
180. Water Boards Act 1904 amended 77
181. Western Australian Planning Commission Act 1985
amended 77
Part 11 -- Transitional provisions
Division 1 -- Interpretation
182. Terms used in this Part 78
183. Interpretation Act 1984 not limited 79
Division 2 -- Transfer of assets, liabilities,
accounts, proceedings etc.
184. Minister to make transfer orders 80
185. Transfer of assets and liabilities 81
186. The Water and Rivers Commission Account 82
187. Transfer of care, control and management of reserved
land 83
page vi
Machinery of Government (Water Resources) Amendment Bill 2003
Contents
188. Commission to complete necessary transactions 83
189. Registration of documents 84
190. Exemption from State taxes 85
191. Rectifying error in transfer order 86
Division 3 -- Staff etc.
192. Transfer of staff 86
193. Transfer of arrangements about use of other staff 87
194. Employees' rights preserved 87
195. Transfer of contracts for services 87
Division 4 -- Committees of the Commission
196. Transfer of members of committees of the
Commission 88
Division 5 -- Former Management Authorities
under the Waterways Conservation Act 1976
197. By-laws under the Waterways Conservation Act 1976 88
198. Proceedings in relation to a former Management
Authority 89
Division 6 -- Continuing effect of things done
199. Continuing effect of licences, directions,
determinations, notices etc. 89
200. Completion of things commenced 90
201. Continuing effect of things done generally 90
202. Agreements and instruments generally 90
Division 7 -- General transitional provisions
203. Confidentiality obligations to continue 91
204. Financial reporting 91
205. Further transitional provision may be made 92
206. Saving 93
page vii
Western Australia
LEGISLATIVE ASSEMBLY
Machinery of Government (Water Resources)
Amendment Bill 2003
A Bill for
An Act to repeal the Water and Rivers Commission Act 1995, to
amend --
· the Country Areas Water Supply Act 1947;
· the Metropolitan Water Authority Act 1982;
· the Metropolitan Water Supply, Sewerage, and Drainage Act 1909;
· the Rights in Water and Irrigation Act 1914;
· the Swan River Trust Act 1988;
· the Water Agencies (Powers) Act 1984; and
· the Waterways Conservation Act 1976,
to make consequential amendments to other Acts, as part of the
reorganisation of that part of the Environment portfolio that relates
to the management of water resources, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Machinery of Government (Water Resources) Amendment Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Machinery of Government (Water
Resources) Amendment Act 2003.
5 2. Commencement
(1) This Part, the long title and Part 11, come into operation on the
day on which this Act receives the Royal Assent.
(2) The other provisions of this Act come into operation on a day
fixed by proclamation.
10 (3) Different days may be fixed under subsection (2) for different
provisions.
(4) A proclamation under subsection (2) cannot be made until the
Water Resources Management (Administration) Act 2003 has
come into operation and section 184 has been complied with.
15 3. Regulations -- power to amend certain statutory rules
(1) The Governor, on the recommendation of the Minister, may
make regulations amending a statutory rule.
(2) The Minister may make a recommendation under subsection (1)
only if he or she considers that each amendment proposed to be
20 made by the regulations is consequential on the enactment of
this Act.
(3) Nothing in this section prevents a statutory rule from being
amended in accordance with the Act under which it is made.
(4) In this section --
25 "statutory rule" means a regulation, rule or by-law.
page 2
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Country Areas Water Supply Act 1947 Part 2
s. 4
Part 2 -- Amendments to the Country Areas Water
Supply Act 1947
4. The Act amended
The amendments in this Part are to the Country Areas Water
5 Supply Act 1947*.
[* Reprinted as at 19 March 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 84.]
5. Section 5 amended
10 Section 5(1) is amended as follows:
(a) by deleting the definition of "Commission";
(b) by inserting the following definitions in the appropriate
alphabetical positions --
"
15 "CEO" means the chief executive officer of the
Department;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
20 "former authority" means the former Authority, the
former Commission or a former Minister;
"former Commission" means the Water and Rivers
Commission established by section 4 of the Water
and Rivers Commission Act 1995 and in existence
25 before the repeal of that Act;
";
(c) by deleting the definition of "officer" and inserting the
following definition instead --
"
30 "officer", in relation to the Corporation, means a
member of the staff of the Corporation engaged
page 3
Machinery of Government (Water Resources) Amendment Bill 2003
Part 2 Amendments to the Country Areas Water Supply Act 1947
s. 6
under section 15 of the Water Corporation
Act 1995;
".
6. Section 12 amended
5 Section 12 is amended by deleting "Commission" in both places
where it occurs and inserting instead --
" Minister ".
7. Section 12BA amended
Section 12BA(3) is amended as follows:
10 (a) by deleting "Commission" in the first 3 places where it
occurs and inserting instead --
" CEO ";
(b) by deleting "Commission, the former Authority" and
inserting instead --
15 " CEO, a former authority ".
8. Section 12BD amended
Section 12BD(1) is amended as follows:
(a) in paragraph (b) by deleting "Minister" and inserting
instead --
20 " CEO ";
(b) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Department ";
(c) by deleting "Commission" in the second place where it
25 occurs and inserting instead --
" CEO ".
page 4
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Country Areas Water Supply Act 1947 Part 2
s. 9
9. Section 12BE amended
(1) Section 12BE(1) is amended by deleting "Minister" and
inserting instead --
" CEO ".
5 (2) Section 12BE(4) is amended by deleting "Minister or of the
Commission" and inserting instead --
" Crown ".
10. Section 12C amended
Section 12C(1)(b) is amended by deleting "Minister" and
10 inserting instead --
" CEO ".
11. Section 12E amended
(1) Section 12E(5), (6), (7) and (8) are amended by deleting
"Commission" in each place where it occurs and inserting
15 instead --
" Minister ".
(2) Section 12E(7) is amended as follows:
(a) in paragraph (a) by deleting "the former Minister, the
former Authority" and inserting instead --
20 " a former authority ";
(b) in paragraph (b) by deleting "former Minister, the
former Authority" and inserting instead --
" former authority ".
page 5
Machinery of Government (Water Resources) Amendment Bill 2003
Part 2 Amendments to the Country Areas Water Supply Act 1947
s. 12
12. Section 12EB amended
(1) Section 12EB(2), (3) and (4) are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
5 " Minister ".
(2) Section 12EB(2), (3)(b) and (4) are amended by deleting
"former Minister, the former Authority" and inserting instead --
" former authority ".
(3) Section 12EB(3) and (4) are amended by deleting "former
10 Minister or the former Authority" and inserting instead --
" former authority ".
13. Section 12ED amended
(1) Section 12ED(2) is amended as follows:
(a) by deleting "Commission" in the first place where it
15 occurs and inserting instead --
" Department ";
(b) by deleting "Commission or the Minister" and inserting
instead --
" CEO ".
20 (2) Section 12ED(4) is amended by deleting "the Commission or
other person authorized by the Commission or the Minister" and
inserting instead --
"
the Department, or other person authorised by the
25 CEO,
".
(3) Section 12ED(5) is amended by deleting "of the Minister or".
page 6
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Country Areas Water Supply Act 1947 Part 2
s. 14
14. Section 12EE amended
Section 12EE(2) is amended by deleting "of the Minister or".
15. Section 45 amended
Section 45(3a) is amended by deleting "Commission" and
5 inserting instead --
" the Crown ".
16. Section 111 amended
Section 111 is amended by deleting "Commission" and
inserting instead --
10 " Crown ".
17. Section 112 amended
Section 112 is amended as follows:
(a) by deleting "Commission" in the first, third and fourth
places where it occurs and inserting instead --
15 " CEO ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ".
18. Section 113 amended
20 Section 113 is amended by deleting "Commission" and
inserting instead --
" Crown ".
19. Section 114 amended
Section 114 is amended by deleting "Commission" and
25 inserting instead --
" Department ".
page 7
Machinery of Government (Water Resources) Amendment Bill 2003
Part 2 Amendments to the Country Areas Water Supply Act 1947
s. 20
20. Section 115 amended
Section 115(1) is amended as follows:
(a) in paragraph (a) by deleting "Commission" in the first
place where it occurs and inserting instead --
5 " CEO ";
(b) in paragraph (a) by deleting "Commission" in the
second place where it occurs and inserting instead --
" Department ";
(c) in the heading to Table 1 by deleting "Commission" and
10 inserting instead --
" CEO ";
(d) in Table 1 by deleting "12C(7a)" and inserting
instead --
" 12C(7)(a) ";
15 (e) in Table 1 by deleting "obstruction of the Commission"
and inserting instead --
" obstruction of the CEO, etc. ";
(f) in Table 1 by deleting "used by the Commission" and
inserting instead --
20 " used by the Crown ";
(g) in Table 2 by deleting "obstruction of the Corporation"
and inserting instead --
" obstruction of the Corporation, etc. ".
21. Section 116 replaced
25 Section 116 is repealed and the following section is inserted
instead --
"
116. Corporation may be represented by officer
In any proceeding before a court, judge or person
30 acting judicially, any authorised officer of the
page 8
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Country Areas Water Supply Act 1947 Part 2
s. 22
Corporation may represent the Corporation in all
respects as if he were the party concerned.
".
22. Section 121 amended
5 Section 121 is amended by deleting "chief executive officer of
the Commission or" and inserting instead --
" CEO or the chief executive officer of ".
23. Various references to Commission changed to CEO
Each provision of the Act listed in the Table to this section is
10 amended by deleting "Commission" in each place where it
occurs and inserting instead --
" CEO ".
Table
s. 12B(2) s. 12ED(5)
s. 12BD(2) s. 12EE(2)
s. 12C(2), (3), (4), (5), (6) s. 45(1)(ca) and (2)
and (7) s. 108
s. 12D(1)
Note: The heading to section 12 will be altered by deleting "Commission" and
15 inserting instead "Minister".
The heading to section 112 will be altered by deleting "Commission"
and inserting instead "CEO".
The heading to section 121 will be altered by deleting "chief executive
officer of the Commission or" and inserting instead "CEO or the chief
20 executive officer of".
page 9
Machinery of Government (Water Resources) Amendment Bill 2003
Part 3 Amendments to the Metropolitan Water Authority Act 1982
s. 24
Part 3 -- Amendments to the Metropolitan Water
Authority Act 1982
24. The Act amended
The amendments in this Part are to the Metropolitan Water
5 Authority Act 1982*.
[* Reprinted as at 21 January 2000.]
25. Section 4 amended
Section 4(1)(a) is amended as follows:
(a) by deleting the definition of "Commission";
10 (b) by inserting the following definitions in the appropriate
alphabetical positions --
"
"CEO" means the chief executive officer of the
department of the Public Service principally
15 assisting in the administration of this Act;
"former Commission" means the Water and Rivers
Commission established by section 4 of the Water
and Rivers Commission Act 1995 and in existence
before the repeal of that Act;
20 ".
26. Section 5 amended
Section 5(2) is amended by inserting before "Commission" --
" former ".
27. Section 19 amended
25 Section 19 is amended by inserting after "delegate of " --
" the former Commission, ".
page 10
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Metropolitan Water Authority Act 1982 Part 3
s. 28
28. Section 98 amended
Section 98(1), (2), (4) and (5) are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
5 " CEO ".
29. Section 99 amended
(1) Section 99(1) is amended by deleting "Commission" and
inserting instead --
" CEO ".
10 (2) Section 99(3) is amended by deleting "Commission" and
inserting instead --
" Minister or the CEO ".
(3) Section 99(4) and (5) are amended by deleting "Commission"
and inserting instead --
15 " CEO ".
30. Section 106 amended
(1) Section 106(1), (2), (3), (4) and (5) are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
20 " CEO ".
(2) Section 106(6) is amended as follows:
(a) in paragraph (a) by deleting "Commission" and inserting
instead --
" CEO ";
25 (b) in paragraph (b) by deleting "the Commission or".
page 11
Machinery of Government (Water Resources) Amendment Bill 2003
Part 3 Amendments to the Metropolitan Water Authority Act 1982
s. 31
31. Section 107 amended
Section 107(2) is amended by deleting "Commission" and
inserting instead --
" CEO ".
page 12
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Metropolitan Water Supply, Sewerage, Part 4
and Drainage Act 1909
s. 32
Part 4 -- Amendments to the Metropolitan Water
Supply, Sewerage, and Drainage Act 1909
32. The Act amended
The amendments in this Part are to the Metropolitan Water
5 Supply, Sewerage, and Drainage Act 1909*.
[* Reprinted as at 29 January 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 248.]
33. Section 5 amended
10 Section 5(1) is amended as follows:
(a) by deleting the definition of "Commission";
(b) by inserting the following definitions in the appropriate
alphabetical positions --
"
15 "CEO" means the chief executive officer of the
Department;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
20 ";
(c) by deleting the definition of "officer" and inserting the
following definition instead --
"
"officer", in relation to the Corporation, means a
25 member of the staff of the Corporation engaged
under section 15 of the Water Corporation
Act 1995;
".
page 13
Machinery of Government (Water Resources) Amendment Bill 2003
Part 4 Amendments to the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909
s. 34
34. Section 13 amended
Section 13(a) is amended by deleting "Commission" and
inserting instead --
" Minister ".
5 35. Section 15 amended
Section 15 is amended by deleting "Commission" and inserting
instead --
" Minister ".
36. Section 16 amended
10 Section 16 is amended by deleting "without the authority of the
Commission" and inserting instead --
"
other than with the authority of the CEO or under
another written law
15 ".
37. Section 17 amended
Section 17(1) is amended by deleting "Commission" and
inserting instead --
" Minister ".
20 38. Section 35 repealed
Section 35 is repealed.
39. Section 57A amended
Section 57A(1) and (2) are amended by deleting "Commission"
and inserting instead --
25 " Minister ".
page 14
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Metropolitan Water Supply, Sewerage, Part 4
and Drainage Act 1909
s. 40
40. Section 57B amended
Section 57B(4) is amended by deleting "Commission" and
inserting instead --
" CEO ".
5 41. Section 57C amended
(1) Section 57C(1) and (2) are amended by deleting "Commission"
in each place where it occurs and inserting instead --
" Minister ".
(2) Section 57C(1) is amended by deleting "it" and inserting
10 instead --
" the Minister ".
42. Section 57D amended
Section 57D(1)(a) and (b) are amended by deleting
"Commission" and inserting instead --
15 " Minister ".
43. Section 57E amended
Section 57E(1), (2) and (3)(a) and (c) are amended by deleting
"Commission" and inserting instead --
" Minister ".
20 44. Section 57G amended
(1) Section 57G(1)(a), (2), (5)(a) and (b), and (7) are amended by
deleting "Commission" and inserting instead --
" CEO ".
(2) Section 57G(2)(a) and (b) are amended by deleting "it" and
25 inserting instead --
" the CEO ".
page 15
Machinery of Government (Water Resources) Amendment Bill 2003
Part 4 Amendments to the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909
s. 45
45. Section 57H amended
Section 57H(1), (2) and (3) are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
5 " CEO ".
46. Section 57I amended
(1) Section 57I(1) and (2) are amended by deleting "Commission"
in each place where it occurs and inserting instead --
" CEO ".
10 (2) Section 57I(1) is amended by deleting "it" and inserting
instead --
" the CEO ".
47. Section 146 amended
Section 146(1)(3a) is amended by deleting "Commission" and
15 inserting instead --
" CEO ".
48. Section 153 amended
Section 153 is amended by deleting "Commission" and
inserting instead --
20 " Crown ".
49. Section 156 amended
Section 156 is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
25 " CEO ";
page 16
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Metropolitan Water Supply, Sewerage, Part 4
and Drainage Act 1909
s. 50
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ";
(c) by deleting "it or he" and inserting instead --
5 " the CEO, Corporation or officer ".
50. Section 157 amended
Section 157 is amended by deleting "Commission" and
inserting instead --
" Crown ".
10 51. Section 158 amended
Section 158 is amended by deleting "Commission" and
inserting instead --
" Department ".
52. Section 159 amended
15 (1) Section 159(1) is amended as follows:
(a) by deleting "relevant authority" in the first and third
places where it occurs and inserting instead --
" CEO or the Corporation ";
(b) by deleting "relevant authority" in the second place
20 where it occurs and inserting instead --
" Department or the Corporation ".
(2) Section 159(3) is amended as follows:
(a) by deleting "relevant authority" in the first and third
places where it occurs and inserting instead --
25 " CEO or the Corporation ";
page 17
Machinery of Government (Water Resources) Amendment Bill 2003
Part 4 Amendments to the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909
s. 53
(b) by deleting "relevant authority" in the second place
where it occurs and inserting instead --
" Department or the Corporation ".
(3) Section 159(4) is repealed.
5 53. Section 160 amended
Section 160 is amended by deleting "the Commission or" in
the 3 places where it occurs.
54. Section 161 replaced
Section 161 is repealed and the following section is inserted
10 instead --
"
161. Corporation may be represented by officer
In any proceeding before a court, judge or person
acting judicially, any authorised officer of the
15 Corporation may represent the Corporation in all
respects as if he were the party concerned.
".
Note: The headings to sections 17 and 57C will be altered by deleting
"Commission" and inserting instead "Minister".
20 The heading to section 146 will be altered by deleting "Corporation"
and inserting instead "Minister".
The heading to section 156 will be altered by deleting "Commission"
and inserting instead "CEO".
page 18
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 55
Part 5 -- Amendments to the Rights in Water and
Irrigation Act 1914
55. The Act amended
The amendments in this Part are to the Rights in Water and
5 Irrigation Act 1914*.
[* Reprinted as at 10 January 2001.]
56. Section 2 amended
Section 2(1) is amended as follows:
(a) by deleting the definition of "Commission";
10 (b) by inserting the following definitions in the appropriate
alphabetical positions --
"
"CEO" means the chief executive officer of the
Department;
15 "Department" means the department of the Public
Service principally assisting in the administration
of this Act;
"officer", in relation to the Corporation, means a
member of the staff of the Corporation engaged
20 under section 15 of the Water Corporation
Act 1995;
"Water Resources Council" means the Water
Resources Council referred to in section 9 of the
Water Resources Management (Administration)
25 Act 2003;
".
page 19
Machinery of Government (Water Resources) Amendment Bill 2003
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 57
57. Section 4 amended
Section 4(3) is amended by deleting "Commission" and
inserting instead --
" Minister ".
5 58. Section 5 amended
Section 5(2) is amended as follows:
(a) after paragraph (a) by inserting --
" and ";
(b) in paragraph (b) by deleting "Commission" and
10 inserting instead --
" Minister ";
(c) after paragraph (b) by deleting "; and" and inserting
instead a full stop;
(d) by deleting paragraph (c).
15 59. Section 5A amended
Section 5A is amended by deleting "appropriated" and inserting
instead --
" allocated ".
60. Section 16 amended
20 Section 16(3) is amended by deleting ", the Commission," in
both places where it occurs.
61. Section 26B amended
Section 26B(5) is amended by inserting after "26C" --
" and any local by-laws ".
page 20
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 62
62. Section 26E amended
Section 26E(2) is amended by deleting "Commission" and
inserting instead --
" Minister ".
5 63. Section 26GE amended
Section 26GE(3) is amended by inserting after "order" in the
first place where it occurs --
" under section 26GD(1) ".
64. Section 26GH amended
10 Section 26GH(2) is amended as follows:
(a) by inserting after "compensation" in the first place
where it occurs --
" under clause 39 of Schedule 1 ";
(b) by deleting "6(b)" and inserting instead --
15 " (6)(b) ".
65. Section 26GL amended
Section 26GL(1)(b)(iv) is deleted and the following
subparagraph is inserted instead --
"
20 (iv) are officers of the Department.
".
66. Section 26GS amended
Section 26GS(3) is amended by deleting "neither the
Commission nor the State is" and inserting instead --
25 " the Crown is not ".
page 21
Machinery of Government (Water Resources) Amendment Bill 2003
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 67
67. Sections 26GX and 26GY amended
Sections 26GX(2)(c)(iii) and (d) and 26GY(2)(b)(iii) are
amended by deleting "Commission's" and inserting instead --
" CEO's ".
5 68. Section 26GZE amended
(1) Section 26GZE(1) is repealed and the following subsection is
inserted instead --
"
(1) The CEO must submit the proposed plan, modified as
10 the CEO thinks fit under section 26GZD, to the
Minister and the Water Resources Council.
".
(2) Section 26GZE(2)(b) is amended by deleting "Commission
indicating its" and inserting instead --
15 " CEO indicating the CEO's ".
(3) After section 26GZE(2) the following subsection is inserted --
"
(2a) The Water Resources Council may submit to the
Minister a report indicating its opinion of the plan and
20 making recommendations about modification and
approval of the plan.
".
(4) Section 26GZE(4) and (5) are repealed.
69. Section 26GZG amended
25 After section 26GZG(4) the following subsection is inserted --
page 22
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 70
"
(4a) The CEO must advise the Water Resources Council of
the CEO's decision, and reasons, as to whether action
needs to be taken in respect of a plan under
5 subsection (1).
".
70. Section 26GZI amended
Section 26GZI(3) is amended by deleting all of the subsection
from and including "hours at" and inserting instead --
10 "
hours at the office or offices of the Department
designated by the CEO for the purposes of this
subsection.
".
15 71. Section 26H amended
(1) Section 26H(1) is amended as follows:
(a) by deleting "Commission" in the first and third places
where it occurs and inserting instead --
" CEO ";
20 (b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ".
(2) Section 26H(1a) is repealed and the following subsection is
inserted instead --
25 "
(1a) The provisions of Part VI of the Water Agencies
(Powers) Act 1984 that regulate entry onto land apply
in relation to any entry under subsection (1).
".
page 23
Machinery of Government (Water Resources) Amendment Bill 2003
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 72
72. Section 26J amended
(1) Section 26J(1) is amended by deleting "Commission shall be
entitled, in the name and on behalf of the Crown, to institute and
maintain by any officer of the Commission authorised for that
5 purpose by the Commission" and inserting instead --
"
CEO, or an officer of the Department authorised by the
CEO for the purpose, may institute and maintain
".
10 (2) Section 26J(2) is amended as follows:
(a) by deleting "Commission" in the first, fourth and fifth
places where it occurs and inserting instead --
" CEO ";
(b) by deleting "either the Crown or the Commission or any
15 person" and inserting instead --
" the Crown or any other person ";
(c) by deleting "or the Commission" in the second place
where it occurs;
(d) by deleting "Commission's" and inserting instead --
20 " Crown's ".
73. Section 26N amended
(1) Section 26N(2)(e) is amended by inserting after "Minister" --
" and the Water Resources Council ".
(2) Section 26N(3) is amended by deleting "(2)(c)" and inserting
25 instead --
" (2)(d) ".
74. Section 27 amended
Section 27(1)(a) is deleted.
page 24
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 75
75. Section 27C amended
Section 27C(2)(a) is amended by deleting "the operations of the
Commission" and inserting instead --
" operations ".
5 76. Section 35 amended
Section 35 is amended as follows:
(a) by deleting ", the Commission" in both places where it
occurs;
(b) by deleting "the Commission or" in the second place
10 where it occurs.
77. Section 38 amended
Section 38(c) is amended by deleting "Commission" and
inserting instead --
" Crown ".
15 78. Section 39 replaced
Section 39 is repealed and the following section is inserted
instead --
"
39. Allocation of water for irrigation
20 The CEO may, under Part III, allocate water for the
purposes of this Part.
".
79. Section 69 amended
Section 69 is amended by deleting "Commission" and inserting
25 instead --
" Crown ".
page 25
Machinery of Government (Water Resources) Amendment Bill 2003
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 80
80. Section 70 amended
Section 70 is amended as follows:
(a) by deleting "Commission" in the first, third and fourth
places where it occurs and inserting instead --
5 " CEO ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department ".
81. Section 71 amended
10 Section 71 is amended by deleting "Commission" and inserting
instead --
" Crown ".
82. Section 73 amended
Section 73 is amended by deleting "Commission" and inserting
15 instead --
" Department ".
83. Section 75 replaced
Section 75 is repealed and the following section is inserted
instead --
20 "
75. Corporation may be represented by officer
In any proceeding before a court, judge or person
acting judicially, any authorised officer of the
Corporation may represent the Corporation in all
25 respects as if he were the party concerned.
".
page 26
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 84
84. Section 79A amended
Section 79A is amended by deleting "chief executive officer of
the Commission or" and inserting instead --
" CEO or the chief executive officer of ".
5 85. Schedule 1 clause 6 amended
(1) Schedule 1 clause 6(2) is amended as follows:
(a) in paragraph (a) by deleting "its" and inserting
instead --
" the CEO's ";
10 (b) by deleting paragraph (b) and inserting the following
paragraph instead --
"
(b) that the applicant has a right to make written
submissions to the CEO, or be heard by a person
15 designated by the CEO, before the CEO makes a
decision on the application.
".
(2) Schedule 1 clause 6(4) is amended by deleting "its" and
inserting instead --
20 " a ".
86. Schedule 1 clause 12 amended
Schedule 1 clause 12(5) is amended by deleting "accountable
authority of the Commission under section 66" and inserting
instead --
25 " accountable officer of the Department under section 62 ".
page 27
Machinery of Government (Water Resources) Amendment Bill 2003
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 87
87. Schedule 1 clause 15 amended
Schedule 1 clause 15(2) is amended by deleting "its" and
inserting instead --
" the CEO's ".
5 88. Schedule 1 clause 22 amended
Schedule 1 clause 22(2)(b) is amended by deleting "its" and
inserting instead --
" the ".
89. Schedule 1 clause 26 amended
10 (1) Schedule 1 clause 26(4) is amended as follows:
(a) in paragraph (a) by deleting "its" and inserting
instead --
" the CEO's ";
(b) by deleting paragraph (b) and inserting the following
15 paragraph instead --
"
(b) that the licensee has a right to make written
submissions to the CEO, or be heard by a person
designated by the CEO, before the CEO makes a
20 decision to exercise the power.
".
(2) Schedule 1 clause 26(5) is amended by deleting "applicant" and
inserting instead --
" licensee ".
25 (3) Schedule 1 clause 26(6) is amended by deleting "it makes its"
and inserting instead --
" the CEO makes a ".
page 28
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 90
90. Schedule 1 clause 29A inserted
After clause 29 the following clause is inserted --
"
29A. Transfers of licence -- death of licence holder
5 (1) If the holder of a licence (the "original holder") dies, the
licence does not cease but continues, under this subclause,
until the sooner of --
(a) the end of the 12 months immediately following the
death of the original holder; or
10 (b) the time at which probate of the will, or letters of
administration of the estate, of the original holder is
granted.
(2) Any thing done, or omitted to be done, under the licence
while it continues under subclause (1) by or on behalf of the
15 estate of the original holder is as valid as it would have been
if done, or omitted to be done, by the original holder.
(3) If probate of the will, or letters of administration of the
estate, of the original holder is granted before the end of the
period referred to in subclause (1)(a) (or that period as
20 extended under subclause (5)), the executor or administrator
becomes, on the grant of probate or letters of administration,
the holder of the licence.
(4) This clause does not apply so as to extend the term of a
licence that is for a fixed term.
25 (5) The CEO may, on application, extend the period referred to
in subclause (1)(a) if the circumstances of the case warrant
it.
(6) In this clause --
"estate" has the meaning given by the Public Trustee
30 Act 1941.
".
page 29
Machinery of Government (Water Resources) Amendment Bill 2003
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 91
91. Schedule 1 clause 35 amended
(1) Schedule 1 clause 35(6) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
5 " CEO ";
(b) by deleting "an appearance before the Commission" and
inserting instead --
" that the person be heard ";
(c) in paragraph (a) by deleting "the Commission" and
10 inserting instead --
" a person designated by the CEO ".
(2) Schedule 1 clause 35(8)(a) is amended by deleting "its" and
inserting instead --
" the CEO's ".
15 92. Heading to Schedule 1 Division 8 amended
The heading to Schedule 1 Division 8 is amended by deleting
"Commission" and inserting instead --
" Minister ".
93. Schedule 1 clause 38 amended
20 (1) Schedule 1 clause 38(1) is amended as follows:
(a) in paragraphs (a), (b) and (d) by deleting "Commission"
and inserting instead --
" Minister ";
(b) in paragraph (c) by deleting "Commission" and inserting
25 instead --
" CEO ";
(c) in paragraph (d) by deleting "it" in the second place
where it occurs and inserting instead --
" the Minister ".
page 30
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 94
(2) Schedule 1 clause 38(2) and (4) are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
" Minister ".
5 94. Heading to Schedule 1 Division 10 amended
The heading to Schedule 1 Division 10 is amended by deleting
"Commission" and inserting instead --
" Minister or CEO ".
95. Schedule 1 clause 41 amended
10 Schedule 1 clause 41(1) and (2) are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
" Minister ".
96. Various references to Commission changed to CEO
15 (1) Each provision of the Act listed in the Table to this subsection is
amended by deleting "Commission" in each place where it
occurs and inserting instead --
" CEO ".
Table
s. 5C(1)(d) s. 26D(1) and (2)
s. 6(4) and (6) s. 26E(1)
s. 11(1)(a) s. 26F(1) and (2)
s. 16(2) s. 26G(1), (2), (2b) and (4)
s. 17(3a), (4), (6) and (7) s. 26GC(1) and (4)
s. 21A(1)(a) s. 26GD(1) and (2)
s. 22(1), (2), (2a), (3) and (4) s. 26GE(1) and (2)
s. 25(4) and (5) s. 26GG(1)
s. 26B(4)(d) and (5)(d) s. 26GI
20
page 31
Machinery of Government (Water Resources) Amendment Bill 2003
Part 5 Amendments to the Rights in Water and Irrigation Act 1914
s. 96
s. 26GM(1) and (2) s. 26GZN(1)
s. 26GP(1) and (2) s. 26GZO
s. 26GQ s. 26GZP(1)
s. 26GU(1)(a) and (b) s. 26GZQ(1) and (2)
s. 26GW(2) and (3) s. 26GZR
s. 26GX(2) and (3) s. 26GZS
s. 26GY(2) and (3) s. 26H(2)
s. 26GZB(a) and (b) s. 26N(2) and (3)
s. 26GZC(1), (2), (3) and (4) s. 26P(c)
s. 26GZD s. 26Q(1) and (2)
s. 26GZG(2), (3), (4) and (5) s. 27A(1)(a) and (c)
s. 26GZI(1), (2), (4) and (5) s. 27B
s. 26GZJ(1)(e) s. 36
s. 26GZK s. 37
s. 26GZL s. 38(a) and (d)
s. 26GZM(1) s. 66(3)
(2) Each clause of Schedule 1 (other than clauses 6(2)(b), 12(5),
26(4)(b), 35(6), 38 and 41) is amended by deleting
"Commission" in each place where it occurs and inserting
instead --
5 " CEO ".
(3) Each provision of the Act listed in the Table to this subsection is
amended by deleting "it" in each place where it occurs and
inserting instead --
" the CEO ".
10 Table
s. 26GE(2) Sch. 1 cl. 6(1)(b) and (4)
s. 26GZC(2) Sch. 1 cl. 7(2) and (4)
s. 26GZD Sch. 1 cl. 8
s. 26GZQ(2)(b)(i) Sch. 1 cl. 17(2)
page 32
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Rights in Water and Irrigation Act 1914 Part 5
s. 96
Sch. 1 cl. 18(3)(b)(ii) Sch. 1 cl. 31(5)
Sch. 1 cl. 22(2)(b) and (3)(b) Sch. 1 cl. 36(c) and (d)
Sch. 1 cl. 30(5) Sch. 1 cl. 39(4)
Note: The heading to section 26J will be altered by deleting "Commission
entitled" and inserting instead "CEO may".
Note: The headings to sections 26G, 26GC, 26GQ, 26GZN and 26Q and
Schedule 1 clauses 8, 10, 18, 24, 25, 31, 33 and 40 will be altered by
5 deleting "Commission" and inserting instead "CEO".
The heading to Schedule 1 clauses 7 and 32 will be altered by deleting
"Commission's" and inserting instead "CEO's".
The headings to Schedule 1 clauses 38 and 41 will be altered by
deleting "Commission" and inserting instead "Minister".
page 33
Machinery of Government (Water Resources) Amendment Bill 2003
Part 6 Amendments to the Swan River Trust Act 1988
s. 97
Part 6 -- Amendments to the Swan River Trust
Act 1988
97. The Act amended
The amendments in this Part are to the Swan River Trust
5 Act 1988*.
[* Reprinted as at 1 December 2000.]
98. Section 3 amended
Section 3 is amended by deleting the definition of "Water and
Rivers Commission".
10 99. Section 12 amended
Section 12(1) is amended as follows:
(a) by deleting paragraph (b);
(b) in paragraph (g) by deleting "3" and inserting instead --
" 4 ";
15 (c) in paragraph (g) by deleting "neither" and inserting
instead --
" none ".
100. Section 18 amended
Section 18 is amended by deleting "The person referred to in
20 section 12(1)(b) is the deputy chairman of the Trust and has"
and inserting instead --
"
The Minister is to designate one of the members
appointed under section 12(1)(g) as the deputy
25 chairman of the Trust and that person has
".
page 34
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Swan River Trust Act 1988 Part 6
s. 101
101. Section 19 amended
Section 19(3) is amended by deleting "the person referred to in
section 12(1)(b)" and inserting instead --
" the deputy chairman ".
5 102. Section 31 amended
Section 31(1) is amended by deleting "Water and Rivers
Commission" and inserting instead --
" CEO ".
103. Section 61 amended
10 Section 61(2) is amended by deleting "it that case" and inserting
instead --
" in that case ".
104. Section 64 amended
Section 64(1)(a) is amended by deleting "an officer or employee
15 of the Water and Rivers Commission" and inserting instead --
" officers provided under section 31(1) ".
page 35
Machinery of Government (Water Resources) Amendment Bill 2003
Part 7 Amendments to the Water Agencies (Powers) Act 1984
s. 105
Part 7 -- Amendments to the Water Agencies (Powers)
Act 1984
105. The Act amended
The amendments in this Part are to the Water Agencies
5 (Powers) Act 1984*.
[* Reprinted as at 4 January 2000.]
106. Long title amended
The long title is amended by deleting all of the words from and
including "the Water Corporation" to and including "to make"
10 and inserting instead --
" certain water agencies and to make ".
107. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by inserting the following definitions in the appropriate
15 alphabetical positions --
"
"CEO" means the chief executive officer of the
department of the Public Service principally
assisting in the administration of the Water
20 Resources Management (Administration)
Act 2003;
"former Commission" means the Water and Rivers
Commission established by section 4 of the Water
and Rivers Commission Act 1995 and in existence
25 before the repeal of that Act;
"Minister" means the Minister to whom the
administration of the Water Resources
Management (Administration) Act 2003 is
committed;
page 36
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Water Agencies (Powers) Act 1984 Part 7
s. 107
"Department (Water Resources)" means the
department of the Public Service principally
assisting in the administration of the Water
Resources Management (Administration)
5 Act 2003;
";
(b) in the definition of "statutory authority" by deleting
"Commission" and inserting instead --
" Minister, the CEO ";
10 (c) in the definition of "works" by inserting after "drainage
works" --
" , gauging works, wells, weirs ";
(d) in the definition of "works" by deleting "Commission"
and inserting instead --
15 " Crown ";
(e) by deleting the definition of "officer" and inserting the
following definition instead --
"
"officer", in relation to the Corporation, means a
20 member of the staff of the Corporation engaged
under section 15 of the Water Corporation
Act 1995;
";
(f) by deleting the definition of "Commission".
25 (2) Section 3(3) is amended by deleting "the Commission or" in the
4 places where it occurs.
(3) After section 3(3) the following subsection is inserted --
"
(4) Where a provision of this Act or a relevant Act
30 authorises the CEO to enter upon, carry out works in,
on, over or under, or exercise any other power in
relation to, any land, premises or thing for any purpose,
the provision also authorises an officer of the
page 37
Machinery of Government (Water Resources) Amendment Bill 2003
Part 7 Amendments to the Water Agencies (Powers) Act 1984
s. 108
Department (Water Resources) or a person authorised
by the CEO (together with such workmen and other
persons, vehicles, vessels or plant as may be necessary
for the purpose) to exercise that power and to occupy
5 the land so far as is necessary for the purposes of the
Act and any reference to a power of, or to an obligation
or liability of, the CEO may, where the context so
requires, be construed accordingly.
".
10 108. Section 9 inserted
After section 8 the following section is inserted --
"
9. Functions and powers of Minister and CEO --
relation to other Acts and to the Corporation
15 (1) A function that the Minister or CEO has under this Act
is not to be exercised for or in relation to the
Corporation if the Corporation has a corresponding
power under this Act, unless the contrary intention
appears or the context otherwise requires.
20 (2) A power given to the Minister or CEO by this Act is in
addition to any other power the Minister or CEO has
for the purposes of this or a relevant Act (whether or
not granted by or under one of those Acts).
".
25 109. Section 34 amended
(1) Section 34(1) is amended by deleting "Commission" and
inserting instead --
" Minister, the CEO ".
(2) Section 34(3)(b) is amended by deleting "Commission or" and
30 inserting instead --
" Crown or of ".
page 38
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Water Agencies (Powers) Act 1984 Part 7
s. 110
110. Section 36 amended
(1) Section 36(1)(c) is deleted and the following paragraph is
inserted instead --
"
5 (c) as to provide that where, by reason of the
unavailability of materials or any other reason
that the CEO or the Corporation considers
valid, any requirement imposed by the
Minister, the CEO or the Corporation cannot be
10 conformed to in any particular case, the CEO or
the Corporation may in writing dispense with
that requirement and instead require the use of
materials or any other matters which the CEO
or the Corporation considers to be appropriate;
15 ".
(2) Section 36(4) is amended as follows:
(a) in paragraph (b) by deleting "Commission" and
inserting instead --
" Minister or CEO ";
20 (b) in paragraph (c) by deleting "Commission" and inserting
instead --
" Crown ";
(c) in paragraph (d) by deleting "Commission" and
inserting instead --
25 " CEO ".
(3) Section 36(6) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Crown ";
30 (b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department (Water Resources) ";
page 39
Machinery of Government (Water Resources) Amendment Bill 2003
Part 7 Amendments to the Water Agencies (Powers) Act 1984
s. 111
(c) by deleting "Commission" in the third place where it
occurs and inserting instead --
" CEO ".
(4) Section 36(7) is amended by deleting "Commission" and
5 inserting instead --
" Crown ".
111. Section 38 amended
Section 38(1) is amended by deleting "Commission" and
inserting instead --
10 " Minister ".
112. Section 62 amended
Section 62(1) is amended by deleting "its" and inserting
instead --
" the CEO's or the Corporation's ".
15 113. Section 63 amended
(1) Section 63(1) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Crown ";
20 (b) by deleting "Commission" in the second and third places
where it occurs and inserting instead --
" Minister or CEO ".
(2) Section 63(2) is amended as follows:
(a) by deleting "Commission" in the first place where it
25 occurs and inserting instead --
" Crown ";
page 40
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Water Agencies (Powers) Act 1984 Part 7
s. 114
(b) by deleting "Commission" in the second, third and
fourth places where it occurs and inserting instead --
" CEO ".
114. Section 70 amended
5 (1) Section 70(1) is amended by deleting "or on behalf of ".
(2) Section 70(2) is amended as follows:
(a) by deleting "a person authorized by" in the first place
where it occurs;
(b) by inserting before "the Corporation" in the first place
10 where it occurs --
" a person authorised by ".
115. Section 71 amended
(1) Section 71(1) is amended as follows:
(a) by deleting "Commission" in the first place where it
15 occurs and inserting instead --
" CEO ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Crown ";
20 (c) by deleting "Commission" in the third place where it
occurs and inserting instead --
" Minister or CEO ".
(2) Section 71(3) is repealed and the following subsection is
inserted instead --
25 "
(3) Whenever an officer of the Department (Water
Resources) or the Corporation, by its officers or agents,
enters or has entered on or into any land, premises or
thing the officer responsible for the conduct of the
30 entry shall, on request, produce evidence of his
page 41
Machinery of Government (Water Resources) Amendment Bill 2003
Part 7 Amendments to the Water Agencies (Powers) Act 1984
s. 116
appointment and give particulars of the power
conferred on the CEO or the Corporation by virtue of
which the officer claims a right of entry.
".
5 116. Section 72 amended
Section 72(6) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" CEO ";
10 (b) by deleting "the Commission or the Corporation by its
officers" and inserting instead --
"
officers of the Department (Water Resources), or the
Corporation by its officers,
15 ".
117. Section 73 amended
(1) Section 73(1) is amended as follows:
(a) by deleting "Commission" in the first, third, fifth and
sixth places where it occurs and inserting instead --
20 " CEO ";
(b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" Department (Water Resources) ";
(c) by inserting after "section 3(3)" --
25 " or (4) ";
(d) in paragraph (b) by deleting "Commission" and
inserting instead --
" Crown ".
page 42
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Water Agencies (Powers) Act 1984 Part 7
s. 118
(2) Section 73(3) is amended by deleting "Commission" and
inserting instead --
" Department (Water Resources) ".
118. Section 77 amended
5 Section 77(1) is amended by deleting "the Commission or" in
both places where it occurs.
119. Section 78 amended
(1) Section 78(1) is amended as follows:
(a) by deleting "Commission" in the first and third places
10 where it occurs and inserting instead --
" Minister ";
(b) by deleting "or the Commission" and inserting
instead --
" , the former Commission or the Minister ".
15 (2) Section 78(2) is amended by deleting "or the Commission" and
inserting instead --
" , the former Commission or the Minister ".
120. Section 79 amended
Section 79 is amended by deleting "Commission" in the first,
20 third and fourth places where it occurs and inserting instead --
" Minister ".
121. Section 81 amended
(1) Section 81(1) is amended as follows:
(a) by deleting "Commission" in the first place where it
25 occurs and inserting instead --
" Crown ";
page 43
Machinery of Government (Water Resources) Amendment Bill 2003
Part 7 Amendments to the Water Agencies (Powers) Act 1984
s. 121
(b) by deleting "subsection (1) of section 84" and inserting
instead --
" section 84(1) or (1a) ";
(c) by deleting "subsection (2) of that section to be vested in
5 the Commission" and inserting instead --
" section 84(2) to be vested in the CEO ".
(2) Section 81(2) is amended by deleting "Commission" in both
places where it occurs and inserting instead --
" Crown ".
10 (3) Section 81(3) is amended as follows:
(a) by deleting "Commission" in the first, second and fourth
places where it occurs and inserting instead --
" Crown ";
(b) by deleting "Commission" in the third place where it
15 occurs and inserting instead --
" Minister ".
(4) Section 81(4) is amended by deleting "the Commission or" in
the 5 places where it occurs.
(5) Section 81(6) is amended as follows:
20 (a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Minister ";
(b) by deleting "Commission" in the second and third places
where it occurs and inserting instead --
25 " Crown ".
(6) Section 81(8) is repealed and the following subsection is
inserted instead --
"
(8) For the purposes of this Act or a relevant Act, the
30 Minister may exercise or delegate, or the Corporation
page 44
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Water Agencies (Powers) Act 1984 Part 7
s. 121
may exercise, any power that is by the Public Works
Act 1902 or Parts 9 and 10 of the Land Administration
Act 1997 vested in the relevant Minister and in so far as
that Act applies, or those Parts apply, to or in relation
5 to the compulsory taking of any land, or the entry on,
occupation or use of any land, under this Act or a
relevant Act, any reference in that Act or those Parts --
(a) to the relevant Minister, may be read for the
purposes of this Act or a relevant Act as a
10 reference to the Minister or the Corporation; or
(b) to the department of the Public Service
principally assisting the relevant Minister in the
administration of that Act or those Parts, may
be read for the purposes of this Act or a
15 relevant Act as a reference to the Department
(Water Resources) or the Corporation,
and that Act or those Parts may be construed
accordingly.
".
20 (7) Section 81(10) is amended as follows:
(a) by deleting "Minister administering that Act" and
inserting instead --
" Land Administration Minister ";
(b) by deleting "the Commission or" in each place where it
25 occurs.
(8) Section 81(11) is amended as follows:
(a) by deleting "Commission" in the first and second places
where it occurs and inserting instead --
" Minister ";
30 (b) by inserting after "the Minister" --
" may vary the taking accordingly or ";
page 45
Machinery of Government (Water Resources) Amendment Bill 2003
Part 7 Amendments to the Water Agencies (Powers) Act 1984
s. 122
(c) by deleting "the Commission or" in the third place
where it occurs.
(9) Section 81(12) is amended as follows:
(a) by deleting "Minister administering that Act" and
5 inserting instead --
" Land Administration Minister ";
(b) by deleting "that Minister" and inserting instead --
" the Land Administration Minister ".
(10) Section 81(14) is amended as follows:
10 (a) by deleting "subsections (8) and (9)" and inserting
instead --
" this section ";
(b) by inserting the following definition in the appropriate
alphabetical position --
15 "
"Land Administration Minister" means the Minister
to whom the administration of the Land
Administration Act 1997 is committed;
".
20 122. Section 83 amended
Section 83(1a) is amended as follows:
(a) by deleting "its" in the first place where it occurs and
inserting instead --
" the Minister's or CEO's ";
25 (b) in paragraph (a) by deleting "its" and inserting
instead --
" the CEO's ".
123. Section 84 amended
(1) Section 84(1) is amended by deleting "the Commission or".
page 46
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Water Agencies (Powers) Act 1984 Part 7
s. 124
(2) After section 84(1) the following subsection is inserted --
"
(1a) Where the CEO places or has placed, or causes or
permits or has caused or permitted any works or other
5 things to be placed upon, in, over or under any land for
the purposes of this Act or a relevant Act those works
or other things shall be taken to have been lawfully so
placed.
".
10 (3) Section 84(2) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" Crown ";
(b) by deleting "Commission" in the second and third places
15 where it occurs and inserting instead --
" CEO ".
(4) Section 84(4) is amended by inserting after "former
Authority" --
" , to the former Commission ".
20 124. Section 86 amended
Section 86 is amended as follows:
(a) in the definition of "exempt works", in paragraph (c), by
deleting "Commission" and inserting instead --
" Crown ";
25 (b) in the definition of "major works", in paragraph (b)(ii),
by deleting "Commission" and inserting instead --
" CEO ".
page 47
Machinery of Government (Water Resources) Amendment Bill 2003
Part 7 Amendments to the Water Agencies (Powers) Act 1984
s. 125
125. Section 88 amended
Section 88(1) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
5 " CEO ";
(b) in paragraph (a) by deleting all of the paragraph from
and including "deposited" and inserting instead --
"
deposited in the office of the Department
10 (Water Resources) or Corporation nearest to the
locality in which the proposed works are to be
situated;
".
126. Section 91 amended
15 Section 91(1) is amended by deleting "it" and inserting
instead --
" the CEO or the Corporation ".
127. Section 93 amended
Section 93(1) is amended as follows:
20 (a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" CEO ";
(b) in paragraph (a) by deleting all of the paragraph from
and including "deposited" and inserting instead --
25 "
deposited in the office of the Department
(Water Resources) or Corporation nearest to the
locality in which the proposed works are to be
situated;
30 ".
page 48
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Water Agencies (Powers) Act 1984 Part 7
s. 128
128. Various references to Commission changed to Minister
Each provision of the Act listed in the Table to this section is
amended by deleting "Commission" in each place where it
occurs and inserting instead --
5 " Minister ".
Table
s. 8(3) s. 77(2) and (3)
s. 70(3) s. 81(5), (7), (9), (12) and (13)
s. 75(1) and (2)
129. Various references to Commission changed to CEO
Each provision of the Act listed in the Table to this section is
amended by deleting "Commission" in each place where it
10 occurs and inserting instead --
" CEO ".
Table
s. 36(3) s. 88(1)(c)
s. 62(1) and (3) s. 89(2) and (3)
s. 66 s. 90(1) and (2)
s. 70(1) and (2) s. 91(1) and (3)
s. 71(2) s. 92
s. 72(1), (2), (4) and (7) s. 93(1)(b) and (2)
s. 73(4) s. 94(2) and (3)
s. 82(1) s. 95(1), (2) and (3)
s. 83(1a), (2) and (3) s. 96
s. 84(3) and (4) s. 97(1), (2) and (3)
s. 87 s. 103(11)
Note: The heading to section 8 will be altered by deleting "Commission" and
inserting instead "Minister".
page 49
Machinery of Government (Water Resources) Amendment Bill 2003
Part 7 Amendments to the Water Agencies (Powers) Act 1984
s. 129
The heading to section 81 will be altered by deleting "Commission" and
inserting instead "Crown".
The heading to section 96 will be altered by deleting "Commission" and
inserting instead "CEO".
page 50
Machinery of Government (Water Resources) Amendment Bill 2003
Repeal of the Water and Rivers Commission Act 1995 Part 8
s. 130
Part 8 -- Repeal of the Water and Rivers Commission
Act 1995
130. The Water and Rivers Commission Act 1995 repealed
The Water and Rivers Commission Act 1995 is repealed.
page 51
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 131
Part 9 -- Amendments to the Waterways Conservation
Act 1976
131. The Act amended
The amendments in this Part are to the Waterways Conservation
5 Act 1976*.
[* Reprinted as at 20 September 2002.]
132. Long title amended
The long title is amended by deleting ", for the establishment of
a Rivers and Estuaries Council and certain Management
10 Authorities".
133. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definitions of "Commission",
"committee", "Council", "Management Authority" or
15 "Authority" and "the Environmental Protection
Authority";
(b) by inserting the following definitions in the appropriate
alphabetical positions --
"
20 "CEO" means the chief executive officer of the
Department;
"Department" means the department of the Public
Service principally assisting in the administration
of this Act;
25 ".
page 52
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 134
134. Section 5 amended
Section 5(3) is amended as follows:
(a) by deleting "Commission" in each place where it occurs
and inserting instead --
5 " Minister ";
(b) in paragraph (c) by deleting "and in the event of any
dispute thereon the provisions of section 15 shall apply".
135. Section 8 amended
(1) Section 8(1) and (2) are amended by deleting "Commission"
10 and inserting instead --
" Minister ".
(2) Section 8(2) is amended by deleting "it" and inserting
instead --
" the Minister ".
15 136. Section 9 amended
(1) Section 9(1) is amended by deleting "The powers of the
Commission apply" and inserting instead --
" This Act applies ".
(2) Section 9(1a) is amended by deleting "The powers of the
20 Commission do" and inserting instead --
" This Act does ".
(3) Section 9(2) is repealed.
(4) Section 9(3) is amended by deleting "the powers of the
Commission and the relevant Authority shall be deemed to
25 apply" and inserting instead --
" this Act applies ".
page 53
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 137
137. Section 10 amended
(1) Section 10(1) is amended as follows:
(a) by deleting "Environmental Protection Authority" and
inserting instead --
5 " Minister ";
(b) in paragraph (a) by deleting "constitute a Management
Authority for the area,";
(c) in paragraph (a) by deleting "and place the area under
the control and management of the Authority so
10 constituted";
(d) in paragraph (c) by deleting "dissolve a Management
Authority, or".
(2) Section 10(2) is repealed.
(3) Section 10(4) is amended by deleting "the area to which the
15 powers of the Commission or an Authority are to apply unless,
in the opinion of the Commission" and inserting instead --
" a management area unless, in the opinion of the Minister ".
(4) Section 10(5) is amended as follows:
(a) by deleting "the waters and associated land to which the
20 powers of the Commission or an Authority apply or are
to apply" and inserting instead --
" a management area ";
(b) by deleting "section 36 of the Interpretation Act 1918"
and inserting instead --
25 " section 42 of the Interpretation Act 1984 ".
138. Sections 11 to 30 replaced by sections 11 to 14
Sections 11 to 30 are repealed and the following sections are
inserted instead --
page 54
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 138
"
11. General functions of the Minister
The Minister has the overall responsibility for the
conservation of the waters and associated land to which
5 this Act applies and for --
(a) the preservation and enhancement of the quality
of the environment and amenity of those waters
and that land; and
(b) the control and prevention of any act or
10 omission which may cause the pollution of
those waters or that land.
12. Performance of the functions of the CEO
(1) The CEO is to perform his functions under this Act --
(a) to the extent practicable, in consultation with
15 relevant bodies, residents and other persons
affected by the operation of this Act;
(b) to the extent practicable, jointly with relevant
bodies, residents and other persons affected by
the operation of this Act.
20 (2) In relation to a management area, the CEO is to
perform his functions under this Act --
(a) in a way that is consistent with the management
programme for that area and any working plan
included in that programme;
25 (b) having regard to --
(i) the interests of navigation, fisheries,
agriculture, water supply and recreation
in the area;
(ii) the natural beauty and amenity of the
30 area;
(iii) the preservation of public rights of
access to the area;
page 55
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 138
(iv) the rights acquired by persons in
relation to boat houses, jetties and other
structures to the extent that the exercise
of those rights is not likely to impair the
5 environment.
(3) In subsection (1) --
"relevant bodies", for any particular area to which this
Act applies, means --
(a) the local government or governments for the
10 area;
(b) any other public authority exercising
functions in relation to the area; and
(c) other bodies representing persons interested
in the use of the waters and land in the area.
15 13. Functions of the CEO
(1) In addition to any other functions of the CEO, the CEO
has the following functions --
(a) to maintain and manage all areas to which this
Act applies and to carry out works for the
20 purposes of improving and maintaining the
condition of the waters and associated land to
which this Act applies;
(b) to carry out, or cause to be carried out, river
training, dredging, reclamation and structural
25 works;
(c) to control, under the regulations, acts or
omissions which may cause the pollution of
waters and associated land to which this Act
applies;
30 (d) to promote coordinated action by owners and
occupiers of land, and public authorities having
the control of land adjacent to or associated
with any of the waters to which this Act
page 56
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 138
applies, for the control and prevention of
pollution;
(e) to establish and develop criteria for the
assessment of the extent of environmental
5 change or pollution;
(f) to specify standards and criteria and the
methods of sampling and testing to be used for
any purpose;
(g) to conduct or promote relevant research or enter
10 into projects for research or the collation of
information;
(h) to provide advice and disseminate knowledge
on the conservation and good management of
rivers, inlets and estuaries and of associated
15 lands;
(i) to publish reports and provide information for
the purpose of increasing public awareness of
the problems and remedies that exist in relation
to environmental pollution as it relates to
20 waters and associated land;
(j) to carry out, or cause to be carried out, works
for the preservation or enhancement of
amenities or facilities for recreation;
(k) to control, under the regulations, the excision or
25 reclamation of any waters or associated land;
(l) generally promote, encourage, coordinate and
carry out planning and projects in the
management and conservation of rivers, inlets
and estuaries.
30 (2) In performing his functions under this Act, the CEO
may arrange for local governments and other public
authorities to carry out works and may finance the
works or reimburse the local government or authority
concerned.
page 57
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 139
14. Covenants
The Minister may take and enforce covenants as to the
conservation of the land and waters to which this Act
applies to the same extent as if the Minister were
5 possessed of adjacent land for the benefit of which the
covenant is to have effect.
".
139. Section 31 amended
Section 31(1) is amended by deleting "Commission or a
10 Management Authority" and inserting instead --
" Minister ".
140. Section 32 amended
(1) Section 32(1) is amended as follows:
(a) by inserting after "Land Administration Act 1997" --
15 " (the "Land Administration Minister") ";
(b) by deleting "Commission" and inserting instead --
" Minister ".
(2) Section 32(2) is amended as follows:
(a) by deleting "Minister referred to in that subsection" and
20 inserting instead --
" Land Administration Minister ";
(b) in paragraph (b) by deleting "Commission" in each
place where it occurs and inserting instead --
" Minister or CEO ";
25 (c) by deleting "that Minister" and inserting instead --
" the Land Administration Minister ".
page 58
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 141
141. Section 33 amended
(1) Section 33(1) is repealed and the following subsection is
inserted instead --
"
5 (1) The CEO may refer to a local government any matter
that may affect the district of the local government for
any information and advice the local government may
be able to offer and is to have regard to the views of the
local government.
10 ".
(2) Section 33(3) is amended as follows:
(a) by deleting "Commission or the relevant Management
Authority" and inserting instead --
" CEO ";
15 (b) by deleting "an Authority" and inserting instead --
" the Minister ";
(c) by deleting "Commission or that Management
Authority" and inserting instead --
" CEO ".
20 142. Section 34 repealed
Section 34 is repealed.
143. Section 35 amended
(1) Section 35(1) is amended as follows:
(a) by deleting "Commission, in consultation with the
25 relevant Management Authority and" and inserting
instead --
" Minister, in consultation ";
page 59
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 144
(b) by deleting all of the subsection from and including "in
relation to" and inserting instead --
"
in relation to waters and associated land to which this
5 Act applies, during the period to which the programme
relates.
".
(2) Section 35(2) is amended by deleting "Commission or relevant
Management Authority" and inserting instead --
10 " CEO ".
(3) Section 35(6) is amended by deleting "Commission and the
relevant Management Authority" and inserting instead --
" CEO ".
(4) Section 35(8) is amended by deleting "the Management
15 Authority and the Commission recommend and".
(5) Section 35(9) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" CEO ";
20 (b) by deleting "on behalf of the Commission or
Management Authority, and whether or not under the
direction of the Commission or that Authority" and
inserting instead --
" , whether or not under the direction of the CEO ".
25 144. Section 36 amended
(1) Section 36(2) is amended as follows:
(a) in paragraph (a) by deleting "to it";
(b) in paragraph (b) by deleting "its" and inserting
instead --
30 " the CEO's ";
page 60
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 145
(c) in paragraph (b) by deleting "Commission's" and
inserting instead --
" CEO's ".
(2) Section 36(3) is amended as follows:
5 (a) by deleting "it has furnished its" and inserting instead --
" the CEO has furnished the ";
(b) by deleting "it" in the second place where it occurs and
inserting instead --
" the CEO ".
10 (3) Section 36(4) is amended as follows:
(a) by deleting "it" and inserting instead --
" the CEO ";
(b) by deleting "its" in both places where it occurs.
145. Section 37 amended
15 (1) Section 37(1) is amended as follows:
(a) by deleting "the powers of the Commission apply" and
inserting instead --
" this Act applies ";
(b) by deleting "Commission" in the second and third places
20 where it occurs and inserting instead --
" CEO ";
(c) by deleting "and the relevant Management Authority all
such aid, information and facilities as are practicable,
and the Commission shall report to the Minister on the
25 matter when and as often as the Minister requires" and
inserting instead --
"
such aid, information and facilities as are practicable
".
page 61
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 146
(2) Section 37(2) is amended by deleting "in any management area
or area to which section 31 or section 32 applies" and inserting
instead --
" to which this Act applies ".
5 146. Section 38 amended
Section 38(1) is amended as follows:
(a) by deleting "Commission" in the first place where it
occurs and inserting instead --
" CEO ";
10 (b) by deleting "the powers of the Commission apply" and
inserting instead --
" this Act applies ".
147. Sections 39 and 42 repealed
Sections 39 and 42 are repealed.
15 148. Section 46 amended
(1) Section 46(2) is repealed.
(2) Section 46(9) is amended by deleting "Commission" and
inserting instead --
" Minister ".
20 149. Section 48 amended
(1) Section 48(1) is amended by deleting "for the time being subject
to the powers of the Commission" and inserting instead --
" to which this Act applies ".
(2) Section 48(3) and (4) are repealed.
page 62
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 150
(3) Section 48(7) is amended as follows:
(a) by deleting "Commission" in the first and second places
where it occurs and inserting instead --
" Minister ";
5 (b) by deleting "Commission" in the third place where it
occurs and inserting instead --
" CEO ".
150. Section 49 amended
Section 49(1) is amended by deleting "Commission or a
10 Management Authority" and inserting instead --
" Minister ".
151. Section 50 amended
(1) Section 50(1) is amended as follows:
(a) by deleting "Commission, or the relevant Management
15 Authority," and inserting instead --
" CEO ";
(b) by deleting "for the time being subject to its control"
and inserting instead --
" to which this Act applies ".
20 (2) Section 50(2) is amended as follows:
(a) by deleting "Commission and any Management
Authority" and inserting instead --
" CEO ";
(b) by deleting "subject to its control or on any associated
25 land" and inserting instead --
" or associated land to which this Act applies ".
page 63
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 152
152. Section 51 amended
Section 51 is amended by deleting "or a Management
Authority".
153. Section 52 amended
5 Section 52 is amended as follows:
(a) by deleting "Commission or a Management Authority"
and inserting instead --
" CEO ";
(b) by deleting "subject to its control" and inserting
10 instead --
" to which this Act applies ";
(c) by deleting "Commission or that Authority" in both
places where it occurs and inserting instead --
" CEO ".
15 154. Section 53 amended
Section 53 is amended as follows:
(a) by deleting "Commission or a Management Authority"
and inserting instead --
" CEO ";
20 (b) by deleting "Commission or that Authority" in the first
place where it occurs and inserting instead --
" CEO ";
(c) by deleting "Commission or that Authority, as the case
may be," and inserting instead --
25 " CEO ".
155. Section 54 replaced
Section 54 is repealed and the following section is inserted
instead --
page 64
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 155
"
54. By-laws
(1) The Minister may make by-laws for the purposes of
this Act that are applicable in the management area or
5 management areas specified in the by-laws.
(2) By-laws may be made under subsection (1) prescribing
or providing for any matter --
(a) that is required or permitted by this Act to be
prescribed or provided for by by-laws; or
10 (b) that is necessary or convenient to be prescribed
for the purpose of achieving the objects of this
Act.
(3) Before the Minister makes, amends or repeals any
by-laws (the "proposed by-laws") the Minister is to be
15 satisfied that the requirements of subsection (4) have
been complied with.
(4) The requirements are that --
(a) if the CEO is of the opinion that the proposed
by-laws may affect the functions of a body that
20 is responsible for the planning for, or
management of, a natural resource, the CEO is
to submit the proposed by-laws to that body;
(b) the CEO must have called for public comment
on the proposed by-laws in accordance with
25 subsection (5); and
(c) the CEO must have considered any submissions
made under this section and given a report on
them to the Minister.
page 65
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 156
(5) The CEO is taken to comply with subsection (4)(b)
by --
(a) publishing in 2 issues of a daily newspaper
circulating in the area or areas concerned a
5 notice outlining the proposed by-laws; and
(b) including in the notice a statement --
(i) specifying the places at which a copy of
the proposed by-laws may be inspected
or obtained;
10 (ii) indicating that written submissions on
the proposed by-laws may be made by
any person within a specified period;
and
(iii) showing the address to which
15 submissions may be delivered or posted.
(6) The period specified under subsection (5)(b)(ii) is not
to be less than 30 days after both of the notices referred
to in subsection (5)(a) have been published.
".
20 156. Section 56 amended
(1) Section 56(2) and (3) are repealed and the following subsection
is inserted instead --
"
(2) If there is conflict or inconsistency between the
25 provisions of a by-law made under this Act and the
provisions of a local law made under this Act, the
provisions of the by-law prevail to the extent of the
conflict or inconsistency.
".
30 (2) Section 56(5) is repealed and the following subsection is
inserted instead --
page 66
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 157
"
(5) Local laws made under this section are to be prepared
according to the same procedures and requirements as
if prepared by the local government under and for the
5 purposes of the provisions of the Local Government
Act 1995.
".
157. Section 57 amended
Section 57 is amended by deleting "made under this Act by a
10 Management Authority or a local government" and inserting
instead --
" or local law made under this Act ".
158. Section 58 repealed
Section 58 is repealed.
15 159. Section 59 amended
(1) Section 59(1) is amended by deleting "Commission or a
Management Authority" and inserting instead --
" CEO ".
(2) Section 59(2) is repealed.
20 160. Section 61 amended
(1) Section 61(1) is repealed.
(2) Section 61(2) is amended by deleting ", but no such
appointment shall be made in relation to any management area
without prior consultation with the Management Authority for
25 that area".
161. Section 62 amended
(1) Section 62(1) is repealed.
page 67
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 162
(2) Section 62(2) is amended by deleting ", but no such
appointment shall be made in relation to any management area
without prior consultation with the Management Authority for
that area".
5 162. Section 63 amended
(1) Section 63(1)(a) and (b) are deleted and the following paragraph
is inserted instead --
"
(a) an officer of the Department;
10 ".
(2) Section 63(5) is amended by deleting "Commission or a
specified Management Authority" and inserting instead --
" CEO ".
163. Section 64 amended
15 Section 64 is amended by deleting "Commission or to the
Management Authority for the area concerned" and inserting
instead --
" CEO ".
164. Section 67 repealed
20 Section 67 is repealed.
165. Section 69 amended
Section 69(3) is amended by deleting "Commission or the
relevant Management Authority under this Act or otherwise to
the knowledge of and with the approval of the Commission or
25 that Authority" and inserting instead --
"
CEO under this Act or otherwise to the knowledge of
and with the approval of the CEO
".
page 68
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 166
166. Section 71 amended
Section 71(2)(c) is amended by deleting "Commission or a
Management Authority on behalf of the Commission" and
inserting instead --
5 " CEO ".
167. Section 75 amended
(1) Section 75(1) is repealed and the following subsection is
inserted instead --
"
10 (1) In a prosecution or in other legal proceedings instituted
under this Act, proof of the following is not required
until evidence is given to the contrary --
(a) the particular or general appointment of an
officer of the Department;
15 (b) a decision of the CEO to prosecute an offence;
(c) authorisation by the CEO of a person to make a
complaint, prosecute an offence or otherwise
institute proceedings under this Act.
".
20 (2) Section 75(2) is amended by deleting "land or waters under the
control or management of the Commission or a Management
Authority" and inserting instead --
" waters or associated land to which this Act applies ".
(3) Section 75(3)(a) and (b) are amended by deleting "Commission
25 or a Management Authority" and inserting instead --
" CEO ".
(4) Section 75(4)(b) and (5) are amended by deleting "chief
executive officer of the Commission" and inserting instead --
" CEO ".
page 69
Machinery of Government (Water Resources) Amendment Bill 2003
Part 9 Amendments to the Waterways Conservation Act 1976
s. 168
(5) Section 75(7) is amended by deleting ", the Chairman of a
Management Authority, or the chief executive officer or other
authorised officer of the Commission or of a Management
Authority" and inserting instead --
5 " or the CEO ".
(6) Section 75(8) is repealed.
168. Section 76 amended
(1) Section 76(1) is repealed and the following subsection is
inserted instead --
10 "
(1) The Governor may make regulations prescribing all
matters that are required or permitted by this Act to be
prescribed, or are necessary or convenient to be
prescribed for giving effect to the purposes of this Act.
15 ".
(2) Section 76(2) is amended as follows:
(a) in paragraph (a) by deleting "land and waters under the
control or management of the Commission or a
Management Authority" and inserting instead --
20 " waters or associated land to which this Act applies ";
(b) in paragraph (f) by deleting "for the form and use of the
seal of the Commission and the conduct of proceedings
of the Commission and of the Management
Authorities,".
25 169. Schedule repealed
The Schedule is repealed.
page 70
Machinery of Government (Water Resources) Amendment Bill 2003
Amendments to the Waterways Conservation Act 1976 Part 9
s. 170
170. Various references to Commission changed to CEO
Each provision of the Act listed in the Table to this section is
amended by deleting "Commission" in each place where it
occurs and inserting instead --
5 " CEO ".
Table
s. 36(1), (2), (3), (4) and (5) s. 47(1), (3), (4), (5), (6), (7),
s. 37(2) (8) and (9)
s. 38(2) s. 48(8)
s. 43 s. 51
s. 46(3), (4), (5), (6), (7), (8), s. 61(2)
(10) and (11) s. 62(2)
Note: The heading to section 32 will be altered by deleting "Commission" and
inserting instead "Minister".
page 71
Machinery of Government (Water Resources) Amendment Bill 2003
Part 10 Consequential amendments to other Acts
s. 171
Part 10 -- Consequential amendments to other Acts
171. Conservation and Land Management Act 1984 amended
(1) The amendments in this section are to the Conservation and
Land Management Act 1984*.
5 [* Reprint 4 as at 24 April 2003.
For subsequent amendments see Gazette 15 August 2003
p. 3685-92.]
(2) Section 3 is amended as follows:
(a) by inserting the following definitions in the appropriate
10 alphabetical positions --
"
"CEO (Water Resources)" has the meaning given to
"CEO" by section 3 of the Water Resources
Management (Administration) Act 2003;
15 "Minister (Water Resources)" means the Minister to
whom the administration of the Water Resources
Management (Administration) Act 2003 is
committed;
";
20 (b) in the definition of "public water catchment area" in
paragraph (a) by deleting "Water and Rivers
Commission" and inserting instead --
" Minister (Water Resources) ";
(c) by deleting the definition of "Water and Rivers
25 Commission".
(3) Section 53 is amended by deleting the definition of "Minister
for Water Resources".
(4) Section 54(3)(a)(iii) is amended by deleting "Water and Rivers
Commission" and inserting instead --
30 " CEO (Water Resources) ".
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Machinery of Government (Water Resources) Amendment Bill 2003
Consequential amendments to other Acts Part 10
s. 172
(5) Section 58(3) is amended by deleting "Water and Rivers
Commission" and inserting instead --
" CEO (Water Resources) ".
(6) Section 59(7) is amended by deleting "Minister for Water
5 Resources" and inserting instead --
" CEO (Water Resources) ".
172. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this section are to the Constitution Acts
Amendment Act 1899*.
10 [* Reprinted as at 8 June 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 75 and
76 and Acts Nos. 24 of 2002 and 8, 30, 31, 35 and 50 of
2003.]
15 (2) Schedule V Part 3 is amended as follows:
(a) by deleting the item relating to the board of management
of the Water and Rivers Commission;
(b) by deleting the item relating to management authorities
under the Waterways Conservation Act 1976;
20 (c) by deleting the item relating to the Rivers and Estuaries
Council established by the Waterways Conservation
Act 1976;
(d) by inserting before the item relating to the Western
Australia Marine Manning Committee the following
25 item --
"
The Water Resources Council established by the Water
Resources Management (Administration) Act 2003.
".
page 73
Machinery of Government (Water Resources) Amendment Bill 2003
Part 10 Consequential amendments to other Acts
s. 173
173. Energy Operators (Powers) Act 1979 amended
(1) The amendments in this section are to the Energy Operators
(Powers) Act 1979*.
[* Reprinted as at 15 September 2000.
5 For subsequent amendments see Act No. 53 of 2003.]
(2) Section 42(2)(a) is amended by deleting "Water and Rivers
Commission established by the Water and Rivers Commission
Act 1995" and inserting instead --
"
10 Minister or the CEO referred to in the Water
Resources Management (Administration)
Act 2003
".
174. Environmental Protection Act 1986 amended
15 (1) The amendments in this section are to the Environmental
Protection Act 1986*.
[* Reprinted as at 11 January 2002.]
(2) Section 57 is amended as follows:
(a) in subsection (2)(b)(ii) by deleting "the Water and
20 Rivers Commission" and inserting instead --
"
a person nominated by the Minister
(Water Resources)
";
25 (b) in subsection (3) by deleting "or from the Water and
Rivers Commission";
(c) in subsection (5) by deleting the definition of "Water
and Rivers Commission" and inserting instead --
"
30 "Minister (Water Resources)" means the Minister to
whom the administration of the Water Resources
page 74
Machinery of Government (Water Resources) Amendment Bill 2003
Consequential amendments to other Acts Part 10
s. 175
Management (Administration) Act 2003 is
committed.
".
175. Financial Administration and Audit Act 1985 amended
5 (1) The amendment in this section is to the Financial
Administration and Audit Act 1985*.
[* Reprinted as at 16 September 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 139 and
10 Acts Nos. 31 and 35 of 2003.]
(2) Schedule 1 is amended by deleting "Water and Rivers
Commission".
176. Public Sector Management Act 1994 amended
(1) The amendment in this section is to the Public Sector
15 Management Act 1994*.
[* Reprinted as at 9 February 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 317 and
Acts Nos. 29, 31 and 35 of 2003 and Gazette 15 August 2003
20 p. 3685-92.]
(2) Schedule 2 is amended by deleting item 56.
177. Public Works Act 1902 amended
(1) The amendments in this section are to the Public Works
Act 1902*.
25 [* Reprinted as at 1 June 2001.
For subsequent amendments see Act No. 31 of 2003.]
(2) Section 5A(ea) is amended by deleting "Water and Rivers
Commission Act 1995" and inserting instead --
" Water Resources Management (Administration) Act 2003 ".
page 75
Machinery of Government (Water Resources) Amendment Bill 2003
Part 10 Consequential amendments to other Acts
s. 178
(3) Section 5B(da) is amended by deleting "Water and Rivers
Commission established by the Water and Rivers Commission
Act 1995 or an officer of that commission" and inserting
instead --
5 "
chief executive officer of the department
principally assisting that Minister in the
administration of the Water Resources
Management (Administration) Act 2003 or an
10 officer of that department
".
178. Sentencing Act 1995 amended
(1) The amendments in this section are to the Sentencing Act 1995*.
[* Reprinted as at 4 May 2001.
15 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 353 and
Acts Nos. 35 and 50 of 2003.]
(2) Schedule 1 is amended as follows:
(a) in the item relating to the Metropolitan Water Supply,
20 Sewerage, and Drainage Act 1909 by deleting " or the
Water and Rivers Commission, as the case may
require";
(b) by deleting the item relating to the Waterways
Conservation Act 1976.
25 179. Soil and Land Conservation Act 1945 amended
(1) The amendment in this section is to the Soil and Land
Conservation Act 1945*.
[* Reprinted as at 12 August 1997.
For subsequent amendments see Western Australian
30 Legislation Information Tables for 2002, Table 1, p. 359 and
Act No. 31 of 2003.]
page 76
Machinery of Government (Water Resources) Amendment Bill 2003
Consequential amendments to other Acts Part 10
s. 180
(2) Section 4 is amended in the definition of "Public Authority" by
deleting paragraph (e).
180. Water Boards Act 1904 amended
(1) The amendments in this section are to the Water Boards
5 Act 1904*.
[* Reprint 4 as at 3 January 2003.
For subsequent amendments see Act No. 22 of 2003.]
(2) Section 3(1) is amended by deleting the definition of
"Commission".
10 (3) Sections 36(1)(c) and (d) and 37 are amended by deleting
"Commission" in each place where it occurs and inserting
instead --
" Minister ".
181. Western Australian Planning Commission Act 1985 amended
15 (1) The amendments in this section are to the Western Australian
Planning Commission Act 1985*.
[* Reprinted as at 16 March 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 429 and
20 Act No. 24 of 2002.]
(2) Section 5(1)(c)(ii) is amended by deleting "Water and Rivers
Commission established by the Water and Rivers Commission
Act 1995" and inserting instead --
"
25 Department referred to in the Water
Resources Management
(Administration) Act 2003
".
page 77
Machinery of Government (Water Resources) Amendment Bill 2003
Part 11 Transitional provisions
Division 1 Interpretation
s. 182
Part 11 -- Transitional provisions
Division 1 -- Interpretation
182. Terms used in this Part
In this Part --
5 "assets" means property of any kind whether tangible or
intangible, real or personal and, without limiting that
meaning, includes --
(a) any chose in action;
(b) goodwill;
10 (c) any right, interest or claim of any kind,
whether arising from, accruing under, created or evidenced
by or the subject of, an instrument or otherwise and
whether liquidated or unliquidated, actual, contingent or
prospective;
15 "CEO" means the chief executive officer of the Department;
"Commission" means the Water and Rivers Commission
established by section 4 of the Water and Rivers
Commission Act 1995 and in existence before the repeal of
that Act;
20 "Department" means the department of the Public Service
principally assisting in the administration of the Water
Resources Management (Administration) Act 2003;
"former body" means the Commission or a former
Management Authority;
25 "former Management Authority" means a Management
Authority constituted under sections 10 and 14 of the
Waterways Conservation Act 1976 as in force before
commencement;
"liability" means any liability, duty or obligation --
30 (a) whether actual, contingent or prospective, liquidated
or unliquidated; or
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Machinery of Government (Water Resources) Amendment Bill 2003
Transitional provisions Part 11
Interpretation Division 1
s. 183
(b) whether owed alone or jointly or jointly and severally
with any other person;
"management area" has the meaning given by section 3(1) of
the Waterways Conservation Act 1976;
5 "Minister" means the Minister to whom the administration of
the Water Resources Management (Administration)
Act 2003 is committed;
"Ministerial Body" means the Water Resources Ministerial
Body established by section 5 of the Water Resources
10 Management (Administration) Act 2003;
"relevant successor" means --
(a) the Minister in relation to a function of a former body
that after the transfer time is a function of the
Minister;
15 (b) the CEO in relation to a function of a former body
that after the transfer time is a function of the CEO;
(c) the State in relation to assets and liabilities
transferred to the State by section 185;
(d) the Ministerial Body in relation to assets and
20 liabilities transferred to the Ministerial Body by
section 185.
"repealed Act" means the Water and Rivers Commission
Act 1995;
"right" means any right, power, privilege or immunity whether
25 actual, contingent or prospective;
"transfer order" means an order under section 184;
"transfer time" means the time at which section 4 comes into
operation.
183. Interpretation Act 1984 not limited
30 This Division does not limit the operation of the Interpretation
Act 1984.
page 79
Machinery of Government (Water Resources) Amendment Bill 2003
Part 11 Transitional provisions
Division 2 Transfer of assets, liabilities, accounts, proceedings etc.
s. 184
Division 2 -- Transfer of assets, liabilities, accounts,
proceedings etc.
184. Minister to make transfer orders
(1) As soon as is practicable after this section comes into operation
5 the Minister is to make and publish in the Gazette a transfer
order that --
(a) specifies which assets and liabilities of the Commission
are to be assigned to the Ministerial Body by operation
of section 185;
10 (b) specifies proceedings in which the Ministerial Body is to
be substituted for the Commission as a party by
operation of section 185; and
(c) specifies any agreement or instrument that, by operation
of section 185, is to have effect as if references to the
15 State or the Ministerial Body were substituted, in
accordance with the order, for references in it to the
Commission.
(2) A transfer order may also deal with incidental or supplementary
matters and has effect accordingly.
20 (3) The transfer order may specify things by reference to schedules
which --
(a) need not be published in the Gazette; but
(b) must be available for public inspection,
and anything specified in a schedule is to be taken to be
25 specified in the order.
(4) A thing may be specified in a transfer order by describing the
class to which it belongs.
(5) Before a transfer order is made specifying anything by reference
to a schedule, a copy of which will be required to be delivered
30 to a relevant official under section 189, the Minister is to
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Machinery of Government (Water Resources) Amendment Bill 2003
Transitional provisions Part 11
Transfer of assets, liabilities, accounts, proceedings etc. Division 2
s. 185
consult with the, or each, relevant official as to the form and
content of the schedule.
(6) To the extent to which a schedule to a transfer order relates to
the functions of the Registrar of Titles, the schedule is to be in a
5 form that meets the requirements of the Registrar.
(7) A transfer order can only be made before the transfer time.
(8) The fact that a previous transfer order has been made does not
prevent a further transfer order from being made.
(9) A transfer order, or a schedule to which it refers, may be
10 amended by the Minister, by further order published in the
Gazette, but no such amendment may be made after the transfer
time.
185. Transfer of assets and liabilities
If a transfer order is made, then --
15 (a) at the transfer time --
(i) the assets of the Commission specified in the
transfer order are, by operation of this section,
assigned to the Ministerial Body; and
(ii) the rest of the assets of the Commission are, by
20 operation of this section, assigned to the State;
(b) at the transfer time --
(i) the liabilities of the Commission specified in the
transfer order are, by operation of this section,
assigned to and become the liabilities of the
25 Ministerial Body; and
(ii) the rest of the liabilities of the Commission are,
by operation of this section, assigned to and
become the liabilities of the State;
(c) at the transfer time, the Ministerial Body is substituted
30 for the Commission as a party to any proceedings
specified in the transfer order and the State is substituted
page 81
Machinery of Government (Water Resources) Amendment Bill 2003
Part 11 Transitional provisions
Division 2 Transfer of assets, liabilities, accounts, proceedings etc.
s. 186
for the Commission as a party to all other proceedings in
which the Commission was a party immediately before
the transfer time;
(d) any agreement or instrument specified in the order has
5 effect, by operation of this section, as if references to the
State or the Ministerial Body were, at the transfer time,
substituted, in accordance with the order, for references
in it to the Commission;
(e) any proceedings or remedy that might have been
10 commenced by, or available against or to, the
Commission in relation to the assets and liabilities
assigned by paragraphs (a) and (b) may be commenced
by, or are available against or to --
(i) the Ministerial Body, in the case of assets and
15 liabilities assigned by paragraphs (a)(i)
and (b)(i); and
(ii) the State, in the case of assets and liabilities
assigned by paragraphs (a)(ii) and (b)(ii);
and
20 (f) anything done or omitted to be done in relation to the
assets and liabilities assigned by paragraphs (a) and (b)
before the assignment by, to or in respect of the
Commission (to the extent that that thing has any effect)
is to be taken to have been done or omitted by, to or in
25 respect of --
(i) the Ministerial Body, in the case of assets and
liabilities assigned by paragraphs (a)(i)
and (b)(i); and
(ii) the State, in the case of assets and liabilities
30 assigned by paragraphs (a)(ii) and (b)(ii).
186. The Water and Rivers Commission Account
The balance, immediately before the transfer time, of the Water
and Rivers Commission Account referred to in section 26 of the
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Machinery of Government (Water Resources) Amendment Bill 2003
Transitional provisions Part 11
Transfer of assets, liabilities, accounts, proceedings etc. Division 2
s. 187
repealed Act is, at the transfer time, to be credited to an account
established under section 15B of the Financial Administration
and Audit Act 1985 for the Department.
187. Transfer of care, control and management of reserved land
5 (1) Land that, immediately before the transfer time, is under the
care, control and management of the Commission under the
Land Administration Act 1997 is to be regarded as if it had, at
that time, been placed under the care, control and management
of the Minister under section 46 of that Act.
10 (2) Land that, immediately before the transfer time, is under the
care, control and management of the Commission under an
enactment (other than the Land Administration Act 1997) is to
be regarded as if it had, at that time, been placed under the care,
control and management of the Minister under that enactment as
15 in force after the transfer time.
(3) Any conditions to which the care, control or management was
subject immediately before the transfer time apply to the
Minister after the transfer time.
188. Commission to complete necessary transactions
20 (1) If an asset or liability of the Commission cannot be properly
assigned to the State or the Ministerial Body by the operation of
this Division (whether because the matter is governed otherwise
than by the law of the State or for any other reason) --
(a) the Commission is to be taken to continue to hold that
25 asset or be liable for that liability until it is effectively
assigned to the State or the Ministerial Body in
accordance with this Division; and
(b) the Commission is to take all practicable steps for the
purpose of ensuring that the asset or liability is
30 effectively assigned to the State or the Ministerial Body
in accordance with this Division.
page 83
Machinery of Government (Water Resources) Amendment Bill 2003
Part 11 Transitional provisions
Division 2 Transfer of assets, liabilities, accounts, proceedings etc.
s. 189
(2) The fact that subsection (1)(a) applies to an asset or liability that
is assigned to the State or the Ministerial Body under this
Division does not affect the duty of the accountable officer of
the Department under the Financial Administration and Audit
5 Act 1985.
(3) Despite the repeal of the repealed Act, the Commission
continues in existence for the purpose of performing the
functions described in subsection (1).
(4) The Commission is to perform the functions referred to in
10 subsection (3) through a person appointed by the Minister.
(5) The person holds office at the pleasure of the Minister and on
such terms and conditions as the Minister determines.
(6) The Commission as continued by this section has the powers
that are necessary or convenient for the purposes of this section.
15 189. Registration of documents
(1) The Minister is to cause a copy of each transfer order and any
schedule to which it refers to be delivered to each relevant
official.
(2) The relevant officials are to take notice of this Part and any
20 transfer order, including a schedule to which the order refers,
and are to record and register in the appropriate manner the
documents necessary to show the effect of the transfer order and
this Part.
(3) In this section --
25 "relevant official" means --
(a) the Registrar of Titles;
(b) the Minister administering the Land Administration
Act 1997;
(c) the Minister administering the Mining Act 1978; or
page 84
Machinery of Government (Water Resources) Amendment Bill 2003
Transitional provisions Part 11
Transfer of assets, liabilities, accounts, proceedings etc. Division 2
s. 190
(d)any other person authorised by a written law to
record and give effect to the registration of
documents relating to property transactions,
according to which, if any, of them has responsibility for a
5 register relating to the relevant property;
"relevant property" means property of a kind affected by the
transfer order, whether it is an estate or interest in land or
any other property.
190. Exemption from State taxes
10 (1) State tax is not payable in relation to --
(a) anything that occurs by the operation of this Part; or
(b) anything done (including a transaction entered into or an
instrument or document of any kind made, executed,
lodged or given) under this Part, or to give effect to this
15 Part, or for a purpose connected with or arising out of
giving effect to this Part.
(2) The Minister may certify in writing that --
(a) a specified thing occurred by the operation of this Part;
or
20 (b) a specified thing was done under this Part, or to give
effect to this Part, or for a purpose connected with or
arising out of giving effect to this Part.
(3) For all purposes and in all proceedings, a certificate under
subsection (2) is sufficient evidence of the matters it certifies,
25 except so far as the contrary is shown.
(4) In this section --
"State tax" includes stamp duty chargeable under the Stamp
Act 1921 and any other tax under a written law.
page 85
Machinery of Government (Water Resources) Amendment Bill 2003
Part 11 Transitional provisions
Division 3 Staff etc.
s. 191
191. Rectifying error in transfer order
(1) The Minister may, by order published in the Gazette, make any
provision that is necessary to correct any error in a transfer
order or a schedule to which a transfer order refers.
5 (2) An order under this section may be made so as to have effect
from the transfer time.
(3) To the extent that a provision of an order under this section has
effect before the day of its publication in the Gazette,
section 185 does not, as a result of that provision, operate so
10 as --
(a) to affect, in a manner prejudicial to any person (other
than the State, the Ministerial Body, or a Minister,
officer or agency of the State), the rights of that person
existing before the day of publication; or
15 (b) to impose liabilities on any person (other than the State,
the Ministerial Body, or a Minister, officer or agency of
the State), in respect of anything done or omitted to be
done before the day of publication.
Division 3 -- Staff etc.
20 192. Transfer of staff
(1) At the transfer time, the CEO becomes the employing authority,
within the meaning of the Public Sector Management Act 1994,
of each person for whom the board of the Commission was the
employing authority under that Act immediately before the
25 transfer time.
(2) A person whose engagement under section 23(2) of the repealed
Act is in force immediately before the transfer time becomes, at
the transfer time, a person engaged by the CEO under section 25
of the Water Resources Management (Administration) Act 2003.
page 86
Machinery of Government (Water Resources) Amendment Bill 2003
Transitional provisions Part 11
Staff etc. Division 3
s. 193
193. Transfer of arrangements about use of other staff
(1) An arrangement between the Commission and an employer
under section 24 of the repealed Act (other than the chief
executive officer) that is in force immediately before the
5 transfer time becomes, at the transfer time, an arrangement
between the CEO and the employer.
(2) In this section --
"chief executive officer" means the chief executive officer of
the department of the Public Service principally assisting in
10 the administration of the Environmental Protection
Act 1986.
194. Employees' rights preserved
(1) Except as otherwise agreed by an employee, the operation of
this Division does not --
15 (a) affect the employee's pay, as that term is defined in
regulation 3 of the Public Sector Management
(Redeployment and Redundancy) Regulations 1994;
(b) affect the employee's existing or accruing rights in
respect of annual leave, long service leave or sick leave,
20 which are enforceable against the State;
(c) affect any rights under a superannuation scheme; or
(d) interrupt the continuity of the employee's service.
(2) For the purposes of subsection (1)(d), the employee's service
with the Commission is to be taken to have been with the
25 Department.
195. Transfer of contracts for services
A person engaged by the Commission under a contract for
services (under section 100 of the Public Sector Management
Act 1994) that is in force immediately before the transfer time,
30 is to be taken to have been engaged, at the transfer time, by the
page 87
Machinery of Government (Water Resources) Amendment Bill 2003
Part 11 Transitional provisions
Division 4 Committees of the Commission
s. 196
CEO under that section on the same terms and conditions, for
the remainder of the duration of the contract.
Division 4 -- Committees of the Commission
196. Transfer of members of committees of the Commission
5 (1) The members of a committee that was in existence immediately
before the transfer time become, at the transfer time, the
members of an equivalent committee that is to be taken to have
been established by the Minister under section 24 of the Water
Resources Management (Administration) Act 2003.
10 (2) A committee that is to be taken to have been established
because of subsection (1) --
(a) has the same name and the same functions (to the extent
to which the functions are not inconsistent with
section 24 of the Water Resources Management
15 (Administration) Act 2003) as those of the committee
from which the members came; and
(b) may be dealt with by the Minister under section 24 of
the Water Resources Management (Administration)
Act 2003 as for any other committee established under
20 that section.
(3) In this section --
"committee" means a committee of the board of the
Commission, established under Schedule 1 clause 15 of the
repealed Act.
25 Division 5 -- Former Management Authorities under the
Waterways Conservation Act 1976
197. By-laws under the Waterways Conservation Act 1976
By-laws made under section 54 of the Waterways Conservation
Act 1976 by a former Management Authority in relation to a
30 management area and in force immediately before the transfer
page 88
Machinery of Government (Water Resources) Amendment Bill 2003
Transitional provisions Part 11
Continuing effect of things done Division 6
s. 198
time become, at the transfer time, by-laws under that section (as
in force after the transfer time) in relation to that management
area, as if they had been made by the Minister.
198. Proceedings in relation to a former Management Authority
5 At the transfer time --
(a) in relation to any proceedings by or against a former
Management Authority commenced before the transfer
time, the State is substituted for the Authority as a party
to the proceedings; and
10 (b) any proceedings or remedy that might have been
commenced by, or available against or to, a former
Management Authority in relation to anything done or
omitted to be done by the Authority, may be
commenced by, or are available against or to, the State.
15 Division 6 -- Continuing effect of things done
199. Continuing effect of licences, directions, determinations,
notices etc.
(1) A licence, permit or permission (however described) granted
under an enactment by a former body and in force immediately
20 before the transfer time is to be taken, for all purposes, to have
been granted, at the transfer time, by the relevant successor of
the former body under that enactment (as in force after the
transfer time).
(2) A direction, determination or notice (however described) given
25 under an enactment by a former body and in force immediately
before the transfer time is to be taken, for all purposes, to have
been given or made, at the transfer time, by the relevant
successor of the former body under that enactment (as in force
after the transfer time).
page 89
Machinery of Government (Water Resources) Amendment Bill 2003
Part 11 Transitional provisions
Division 6 Continuing effect of things done
s. 200
200. Completion of things commenced
Anything commenced to be done by a former body under a
written law before the transfer time may be continued by the
relevant successor of the former body so far as the doing of that
5 thing is within the functions of the relevant successor after the
transfer time.
201. Continuing effect of things done generally
Any act, matter or thing done or omitted to be done before the
transfer time by, to or in respect of a former body, to the extent
10 that that act, matter or thing --
(a) has any force or significance after the transfer time; and
(b) is not governed by another provision of this Part,
is to be taken, after the transfer time, to have been done or
omitted by, to or in respect of the relevant successor of the
15 former body.
202. Agreements and instruments generally
(1) Any agreement or instrument in force immediately before the
transfer time --
(a) to which a former body was a party; or
20 (b) which contains a reference to a former body,
has effect after the transfer time, to the extent to which the
agreement or instrument relates to the functions of a relevant
successor to the former body, as if --
(c) the relevant successor were substituted for the former
25 body as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the
former body were (unless the context otherwise
requires) amended to be or include a reference to the
relevant successor.
page 90
Machinery of Government (Water Resources) Amendment Bill 2003
Transitional provisions Part 11
General transitional provisions Division 7
s. 203
(2) This section does not apply to any agreement or instrument
covered by another provision of this Part.
(3) In this section --
"instrument" includes subsidiary legislation.
5 Division 7 -- General transitional provisions
203. Confidentiality obligations to continue
(1) Despite the repeal of section 34 of the repealed Act, the section
continues to apply to a person to whom it applied immediately
before the transfer time as if the references in paragraphs (a)
10 and (b) to "this Act" were references to "a water resources Act"
(within the meaning of the Water Resources Management
(Administration) Act 2003).
(2) Subsection (1) only applies to the extent that another enactment
about the use and disclosure of the information does not apply
15 to the person and the information.
204. Financial reporting
(1) Section 65A of the Financial Administration and Audit
Act 1985 applies in relation to the preparation and submission of
a final report in respect of the Commission as if --
20 (a) references in that section to a department were
references to the Commission; and
(b) references in that section to provisions of sections 62 to
65 of the Financial Administration and Audit Act 1985
were references to the equivalent provisions of
25 sections 66 to 70 of that Act,
except that --
(c) the period to which the final report is to relate is the
final period; and
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Machinery of Government (Water Resources) Amendment Bill 2003
Part 11 Transitional provisions
Division 7 General transitional provisions
s. 205
(d) the references in sections 66(1), 68 and 70(1) of that Act
to the end of the financial year are to be read as
references to the end of the final period.
(2) If at the transfer time, any duty imposed by Part II Division 14
5 of the Financial Administration and Audit Act 1985 on the
accountable authority of the Commission has not been complied
with in relation to the Commission for any financial year that
expired before the transfer time, that duty subsists and is to be
performed by the reporting officer as if the reporting officer
10 were the accountable authority.
(3) The time within which the reporting officer is to perform a duty
referred to in subsection (2) is extended until the end of the day
that is 2 months after the day on which the reporting officer is
appointed, but this subsection does not prevent the time from
15 being extended again under section 70 of the Financial
Administration and Audit Act 1985.
(4) The Minister is to give the reporting officer access to all records
necessary for the purposes of this section.
(5) In this section --
20 "final period" means the period beginning on the 1 July
immediately before the transfer time and ending at the
transfer time;
"reporting officer" means the person appointed under
section 65A(2) of the Financial Administration and Audit
25 Act 1985 as applied because of subsection (1).
205. Further transitional provision may be made
(1) If there is not sufficient provision in this Part for any matter or
thing necessary or convenient to give effect to the transition
from a former body to a relevant successor, the regulations may
30 make that provision.
(2) The regulations may be made so as to have effect from the
transfer time.
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Machinery of Government (Water Resources) Amendment Bill 2003
Transitional provisions Part 11
General transitional provisions Division 7
s. 206
(3) To the extent that a provision of the regulations has effect on a
day that is earlier than the day of its publication in the Gazette,
the provision does not operate so as --
(a) to affect, in a manner prejudicial to any person (other
5 than the State, the Ministerial Body or any other
authority of the State), the rights of that person existing
before the day of its publication; or
(b) to impose liabilities on any person (other than the State,
the Ministerial Body or any other authority of the State),
10 in respect of anything done or omitted to be done before
the day of publication.
(4) The Governor may make regulations for the purposes of this
section.
206. Saving
15 The operation of any provision of this Part is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a
civil wrong;
(b) as a breach of any contractual provision prohibiting,
20 restricting or regulating the assignment or transfer of
assets or liabilities or the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument
or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
25 ownership of any asset or liability;
(d) as causing any contract or instrument to be void or
otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
page 93
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