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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 Section 35 repealed 14 39.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.
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