Commonwealth Numbered Acts

WATER ACT 2007 (NO. 137, 2007) - SECT 5

Reference of matters by State Parliament to Commonwealth Parliament

             (1)  A State is a referring State if the Parliament of the State has referred the matters covered by subsections (3) and (4) to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:

                     (a)  if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and

                     (b)  if and to the extent to which the matters are included in the legislative powers of the Parliament of the State.

This subsection has effect subject to subsections (5) and (6).

             (2)  A State is a referring State even if a law of the State provides that the reference to the Parliament of the Commonwealth of either or both of the matters covered by subsections (3) and (4) is to terminate in particular circumstances.

Reference covering initial provisions of this Act

             (3)  This subsection covers the matters to which the referred provisions relate to the extent of making laws with respect to those matters by including the referred provisions.

Reference covering amendments of this Act

             (4)  This subsection covers the matter of the management of water within or beneath the Murray‑Darling Basin to the extent of the making of laws with respect to those matters by making express amendments of this Act.

Effect of termination of reference

             (5)  A State ceases to be a referring State if the State's initial reference terminates.

             (6)  A State ceases to be a referring State if:

                     (a)  the State's amendment reference terminates; and

                     (b)  subsection (7) does not apply to the termination.

             (7)  A State does not cease to be a referring State because of the termination of its amendment reference if:

                     (a)  the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and

                     (b)  the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and

                     (c)  that State's amendment reference, and the amendment reference of every other referring State, terminates on the same day.

Definitions

             (8)  In this section:

"amendment reference" of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection (4).

"initial reference" of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection (3).

"referred provisions" means this Act (other than Part 7) as originally enacted to the extent to which it deals with matters that are included in the legislative powers of the Parliaments of the States.

"the management of water within or beneath the Murray-Darling Basin" includes the following:

                     (a)  the management of any such water for consumptive purposes (including for irrigation, industry, urban use and stock and domestic use);

                     (b)  the management of any such water for environmental purposes (including for ecosystem function, biodiversity, water quality and river health);

                     (c)  trading of rights in or in relation to any such water;

                     (d)  charging for or in relation to any such water;

                     (e)  the construction, operation and maintenance of works for regulation or control of the flow of any such water;

                      (f)  the powers, functions and operation of Commonwealth authorities in relation to any such water.