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CLAUSE NOTES
Water Management Amendment (Consequential and Transitional Provisions)
Bill 2015
PART 1 – PRELIMINARY
Clause 1 Short Title
Clause 2 Commencement
This Act will commence on a day or days to be proclaimed.
PART 2 – FARM WATER DEVELOPMENT ACT 1985 AMENDED
Clause 3 Principal Act
The Principal Act referred to in this Part is the Farm Water Development
Act 1985.
Clause 4 Section 5 amended (Loans for development of farm water)
Paragraph (a) is amended for consistency with amendments to Part 8 of
the Water Management Act 1999.
PART 3 – FOREST PRACTICES REGULATIONS 2007 AMENDED
Clause 5 Principal Regulations
The Principal Regulations referred to in this Part is the Forest Practices
Regulations 2007.
Clause 6 Regulation 4 amended (Circumstances in which forest practices plan,
&c., not required)
Subparagraph (i) of paragraph (d) is amended for consistency with
amendments to Part 8 of the Water Management Act 1999.
PART 4 – GAS ACT 2000 AMENDED
Clause 7 Principal Act
The Principal Act referred to in this Part is the Gas Act 2000.
Clause 8 Section 79E amended (Declaration of pipeline planning corridors)
Subsection (4) is amended for consistency with amendments to Part 8
of the Water Management Act 1999.
PART 5 – GAS PIPELINES ACT 2000 AMENDED
Clause 9 Principal Act
The Principal Act referred to in this Part is the Gas Act 2000.
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Clause 10 Section 70B amended (Declaration of pipeline planning corridors)
Subsection (4) is amended for consistency with amendments to Part 8
of the Water Management Act 1999.
PART 6 – INLAND FISHERIES ACT 1995 AMENDED
Clause 11 Principal Act
The Principal Act referred to in this Part is the Inland Fisheries Act 1995.
Clause 12 Section 139 amended (Free passage of fish)
Subsection (2)(c) is amended for consistency with amendments to
Part 8 of the Water Management Act 1999.
Clause 13 Section 164 amended (Non-application of Division)
Subsection (1)(d) is amended for consistency with amendments to
Part 8 of the Water Management Act 1999.
PART 7 – IRRIGATION COMPANY ACT 2011 AMENDED
Clause 14 Principal Act
The Principal Act referred to in this Part is the Irrigation Company Act
2011.
Clause 15 Schedule 1 amended (Savings and transitional provisions)
Clause 9 of Part 3 of Schedule 1 is amended to clarify that that
subclause (1) and (2) only relate to a permit held or applied for on the
transfer day.
PART 8 – MEANDER DAM PROJECT ACT 2003 AMENDED
Clause 16 Principal Act
The Principal Act referred to in this Part is the Meander Dam Project Act
2003.
Clause 17 Section 3 amended (Interpretation)
The definition of dam permit is amended to clarify it relates to the
definition that was in force on the day the Meander Dam Project Act
commenced.
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PART 9 – THREATENED SPECIES PROTECTION ACT 1995 AMENDED
Clause 18 Principal Act
The Principal Act referred to in this Part is the Threatened Species
Protection Act 1995.
Clause 19 Section 51 amended (Offences relating to listed taxa)
Subsection (4) is amended to clarify that it relates to a Division 3 permit
issued under the Water Management Act 1999.
PART 10 – WATER MANAGEMENT ACT 1999 AMENDED
Clause 20 Principal Act
The Principal Act referred to in this Part is the Water Management Act
1999.
Clause 21 Section 304A amended (Regulations relating to safety of dams and dam
works)
A new paragraph is inserted that enables regulations to be made under
section 304A to specify the type and timing of activities and reporting
requirements undertaken for the design, construction, surveillance or
decommissioning of dams.
Clause 22 Section 314 inserted
Section 314 inserts a new Schedule 9 that provides transitional and
savings provisions for the Water Management Amendment (Dam Works)
Bill 2015.
Clause 23 Schedule 9 inserted (Transitional And Savings Provisions – Water
Management Amendment (Dam Works) Act 2015
Schedule 9 is inserted into the Act which includes a number of savings
and transitional provisions consequent on the amendments to Parts 8
and 14 of the Water Management Act 1999.
Clause 1 (Interpretation)
‘Assessment Committee’ is defined as the Assessment Committee for
Dam Construction constituted under section 138 of the previous Act.
‘Commencement day’ is defined as the day on which section 20 of the
Water Management (Dam Works) Amendment Act 2015 commences.
‘Existing permit’ is defined as a permit under section 157 of the previous
Act that is in force immediately before the commencement day.
‘New Act’ is defined as this Act in force on and after the
commencement day.
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‘Offset’ is defined as having the having the same meaning as in
section 138 of the new Act.
‘Offset register’ is defined as having the having the same meaning as in
section 138 of the new Act.
‘Previous Act’ is defined as this Act as in force immediately before the
commencement day.
‘Registered offset’ is defined as having the same meaning as in
section 138 of the new Act.
Clause 2 (Abolition of Assessment Committee for Dam Construction)
Subclause (1) abolishes the Assessment Committee for Dam
Construction with subclause (2) revoking the appointment of each
member. Subclause (3) abolishes any subcommittees that had been
established under section 142 of the previous Act and the appointment
of any subcommittee members (subclause (4)).
Subclause (5) specifies that there is no termination benefit payable to
any member of the Assessment Committee or a relevant
subcommittee.
Clause 3 (Order exempting dam works from needing a permit)
An order exempting a category of dam works from the operation of
Part 8 of the Act that was made under section 137(3) of the previous
Act is taken to be an order made under section 140 of the new Act.
Clause 4 (Existing permit)
Subclause (1) specifies that an existing permit continues in force as if it
were a Division 3 permit under the new Act, subject to conditions that
were on the permit when granted.
Under subclause (2), the provision in subclause (1) will cease to apply
when all the conditions relating to the operation of a dam or an offset
have been fulfilled or been dealt with by another appropriate regulatory
measure (for example dam operating notice, water licence condition or
registered offset).
Subclauses (3) and (4) clarify the process for registering an offset on the
offset register.
Subclause (5) relates to any applications that were made to extend the
duration of a permit that were not determined before the
commencement of the new Act.
Subclause (6) relates to any requests that were made to amend an
existing permit that were not determined before the commencement of
the new Act.
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Subclause (7) clarifies that if it was a condition of a permit that a notice
of completion be given, then notice of completion of dam works under
section 164ZA is not required.
Clause 5 (Applications for permits)
In accordance with subclause (2), an application that was made under
the previous Act that meets the criteria set out in subclause (1) is taken
to have been made under the new Act. This applies to representations
that were made in relation to that application.
Subclause (3) provides that a referral by the EPA Director to the EPA
Board made under the previous Act is taken to be made under the new
Act.
Subclause (4) provides that any request made by the Assessment
Committee for information or the taking of action made under the
previous Act is taken to be made under the new Act.
Subclause (5) provides that any request made to the Assessment
Committee to amend an application made under the previous Act is
taken to be made under the new Act.
Clause 6 (Applications for approval of dam works)
Clause 6 clarifies that where under section 146(4)(d) of the previous
Act an application for approval of dam works was made, but not
determined before the commencement day, that application will be
taken to be a notice of completion in relation to those dam works.
Clause 7 (Dam works for which permit was not required under
previous Act)
Subclause (1) defines the type of dam works that subclause (2) applies
to which includes dam works that prior to the commencement of the
new Act did not require a dam works permit but under the new Act
will require a dam works permit. If such works are underway before the
new Act commenced, they have 6 months to be completed and to
submit a notice of completion.
Clause 8 (Notice requiring action if offence committed)
Subclause (1) provides that any notice requiring action to be taken that
was made under the previous Act is taken to be made under the new
Act.
Subclause (2) provides that where the Minister authorised a person to
enter land and take action under the previous Act that authorisation is
taken to be made under the new Act.
Clause 9 (Appeals)
This clause provides for appeals made under the previous Act to be
taken to be an appeal under the new Act. This includes an appeal in
relation to a Ministerial direction, request by the Assessment Committee
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for further information and the grant or refusal of a permit application
and any conditions associated with such a determination.
Clause 10 (Legal proceedings)
Clause 10 clarifies that any legal proceedings instituted by or against the
Assessment Committee under the previous Act are taken to be
instituted by or against the Crown. This also applies to a judgement or
order of a court, refer to subclause (3).
Clause 11 (Documents)
Clause 11 specifies that any documents issued, made, provided by or
served by the Assessment Committee are taken to have been done so
by the Minister when the new Act commences.
Clause 12 (Amendment of subordinate instruments by amendment
Act).
This section clarifies that Regulations amended by this Act can be
subsequently be amended via regulation in the future.
PART 11 – WILDLIFE (GENERAL) REGULATIONS 2010 AMENDED
Clause 24 Principal Regulations
The Principal Regulations referred to in this Part is the Wildlife (General)
Regulations 2010.
Clause 25 Regulation 35 amended (Taking specially protected wildlife)
Subregulation (3)(b) is amended to clarify that it relates to a permit
issued under Part 8 of the Water Management Act 1999.
Clause 26 Regulation 36 amended (Taking protected wildlife)
Subregulation (3)(b) is amended to clarify that it relates to a permit
issued under Part 8 of the Water Management Act 1999.
Clause 27 Regulation 35 amended (Taking partly protected wildlife)
Subregulation (3)(b) is amended to clarify that it relates to a permit
issued under Part 8 of the Water Management Act 1999.
PART 12 – REPEAL OF ACT
Clause 28 Repeal of Act
This clause allows for the repeal of this Act on the three hundredth and
sixty fifth day from the day on which it commences.
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