Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 9A

Operation in a Basin State

  (1)   The operation of Parts   1A, 2A, 4, 4A, 10A and 11A in a referring State that is a Basin State is based on:

  (a)   the legislative powers that the Commonwealth Parliament has under section   51 of the Constitution (other than paragraph   51(xxxvii)); and

  (b)   the legislative powers that the Commonwealth Parliament has in respect of matters to which those Parts relate because those matters are referred to it by the Parliament of the referring State under paragraph   51(xxxvii) of the Constitution.

Note:   The State reference fully supplements the Commonwealth Parliament's other powers by referring the matters to the Commonwealth Parliament to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament.

  (2)   The operation of Parts   1A, 2A, 4 and 11A in a Basin State (other than the Australian Capital Territory) that is not a referring State is based on the legislative powers that the Commonwealth Parliament has under section   51 of the Constitution (other than paragraph   51(xxxvii)).

Operation in a State that is not a Basin State

  (3)   The operation of Parts   4A and 11A in a referring State that is not a Basin State is based on:

  (a)   the legislative powers that the Commonwealth Parliament has under section   51 of the Constitution (other than paragraph   51(xxxvii)); and

  (b)   the legislative powers that the Commonwealth Parliament has in respect of matters to which those Parts relate because those matters are referred to it by the Parliament of the referring State under paragraph   51(xxxvii) of the Constitution.

Note:   The State reference fully supplements the Commonwealth Parliament's other powers by referring the matters to the Commonwealth Parliament to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament.

Operation in the Australian Capital Territory

  (4)   The operation of Parts   1A, 2A, 4 and 10A in the Australian Capital Territory is based on:

  (a)   the legislative powers that the Commonwealth Parliament has under section   122 of the Constitution to make laws for the government of that Territory; and

  (b)   the legislative powers that the Commonwealth Parliament has under section   51 of the Constitution (other than paragraph   51(xxxvii)).

Operation in the Northern Territory

  (5)   The operation of Part   4A in the Northern Territory is based on:

  (a)   the legislative powers that the Commonwealth Parliament has under section   122 of the Constitution to make laws for the government of that Territory; and

  (b)   the legislative powers that the Commonwealth Parliament has under section   51 of the Constitution (other than paragraph   51(xxxvii)).