Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


MACHINERY OF GOVERNMENT (WATER RESOURCES) AMENDMENT BILL 2003

                      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)        ".


     page 72
             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

     page 78
            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



     page 80
              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


     page 82
              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




                                                                         page 91
     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.


     page 92
             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.




 


[Index] [Search] [Download] [Related Items] [Help]