Commonwealth Consolidated Acts

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WATER ACT 2007 - SECT 239J

Substitution of Authority as a party to pending proceedings

  (1)   If any proceedings to which:

  (a)   the Murray - Darling Basin Commission; or

  (b)   a person in the person's capacity as the President or a Commissioner;

was a party were pending in any court or tribunal immediately before the commencement of this Part, from that commencement the Authority is substituted for the Murray - Darling Basin Commission or the person as a party to the proceedings.

  (2)   The President is the person appointed in accordance with subclause   20(1) of the former MDB Agreement, and includes a Deputy President appointed under subclause   20(3) (in the capacity of Deputy President or acting President).

  (3)   A Commissioner is a person appointed in accordance with subclause   20(2) of the former MDB Agreement, and includes a Deputy Commissioner appointed under that subclause.

Note:   The Agreement provides for the Basin States to indemnify the Authority for a share of the costs associated with, or arising from, proceedings covered by this section.


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