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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Water Corporation Bill 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 State Water Corporation
Division 1 Constitution of State Water Corporation as
statutory SOC
4 Establishment of State Water Corporation as statutory
State owned corporation 4
Division 2 Objectives and functions of State Water
Corporation
5 Objectives of Corporation 4
6 Functions of Corporation 5
State Water Corporation Bill 2004
Contents
Page
Division 3 Management of State Water Corporation
7 Board of directors of Corporation 6
8 Chief executive officer 6
9 Acting chief executive officer 7
Division 4 Transfer of assets, rights and liabilities
10 Transfer of specified assets, rights and liabilities 8
Division 5 Operating licence
11 Grant of operating licence 8
12 Terms and conditions of operating licence 9
13 Amendment of operating licence 10
14 Term of operating licence 10
15 Area covered by operating licence 10
16 Contravention of operating licence 11
17 Contravention of operating licence: action by Tribunal 11
18 Review of certain decisions of Tribunal concerning
operating licence 13
19 Cancellation of operating licence 13
Division 6 General
20 Foundation charter of Corporation 14
Part 3 Powers of State Water Corporation
21 Ownership of works 15
22 Acquisition of land for purposes of this Act 15
23 Entry on land 16
24 Power to break up roads 16
25 Altering position of conduits 17
26 Corporation may use water management works to
generate hydro-electricity 17
27 Obstruction of water management works 18
28 Finding source of pollution of water supply 18
29 Corporation may impose fees and charges 18
Part 4 Independent Pricing and Regulatory Tribunal
30 Regulatory functions of Tribunal 20
31 Operational and other audits 20
Part 5 Miscellaneous
32 Authorised officers 22
33 Obstruction of authorised officers 22
34 Exclusion of personal liability 22
Contents page 2
State Water Corporation Bill 2004
Contents
Page
35 Nature of proceedings for offences 23
36 Transfer of staff 23
37 Regulations 23
38 Amendment of Acts and regulations 23
39 Savings, transitional and other provisions 23
40 Review of Act 23
Schedule 1 Transfer of assets, rights and liabilities 25
Schedule 2 Transfer of staff 28
Schedule 3 Amendment of Acts and regulations 30
Schedule 4 Savings, transitional and other provisions 38
Contents page 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
State Water Corporation Bill 2004
Act No , 2004
An Act to establish State Water Corporation as a statutory State owned
corporation to exercise functions relating to the capture, storage and release of
water and other functions; to make consequential amendments to other Acts; and
for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 State Water Corporation Bill 2004
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the State Water Corporation Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
(1) In this Act:
area of operations of the Corporation means the area of operations
of the Corporation within the meaning of section 15.
authorised officer means a person to whom a certificate of authority
is issued under section 32.
board means the board of directors of the Corporation.
Corporation means State Water Corporation.
Department means the Department of Energy, Utilities and
Sustainability.
estuary has the same meaning as in the Water Management Act
2000.
exercise a function includes perform a duty.
Fish River water supply scheme means the water management
work comprising the concrete dam on Fish River at Oberon and
Duckmaloi Weir, together with:
(a) its associated gravitation main, concrete reservoirs,
reticulation systems and treatment works, and
(b) the pumping station at Oberon, and
(c) all incidental and connected works, and
(d) all additions, amplifications, improvements and extensions to
that scheme.
function includes a power, authority or duty.
lake has the same meaning as in the Water Management Act 2000.
Page 2
State Water Corporation Bill 2004 Clause 3
Preliminary Part 1
Ministerial Corporation means the Water Administration
Ministerial Corporation constituted by the Water Management Act
2000.
operating licence means the operating licence granted under section
11 or any renewal of it.
operational audit means an operational audit of the Corporation
that is required to be prepared under the operating licence.
river has the same meaning as in the Water Management Act 2000.
Tribunal means the Independent Pricing and Regulatory Tribunal
established under the Independent Pricing and Regulatory Tribunal
Act 1992.
water management work, water source and water supply authority
have the same meaning as in the Water Management Act 2000.
(2) Subject to subsection (1), words and expressions used in this Act
have the same meanings as they have in the State Owned
Corporations Act 1989.
(3) Notes included in this Act do not form part of this Act.
Page 3
Clause 4 State Water Corporation Bill 2004
Part 2 State Water Corporation
Part 2 State Water Corporation
Division 1 Constitution of State Water Corporation as
statutory SOC
4 Establishment of State Water Corporation as statutory State owned
corporation
(1) There is constituted by this Act a corporation with the corporate
name of State Water Corporation.
(2) The State Owned Corporations Act 1989 is amended by inserting in
Schedule 5, in alphabetical order, the words "State Water
Corporation".
Note. The State Owned Corporations Act 1989 contains many provisions that
apply to State Water Corporation as a statutory State owned corporation. In
particular, Part 3 contains provisions relating to their status, the application of
the Corporations Act 2001 of the Commonwealth, the issue of shares to the
Treasurer and another Minister, the board of directors, the chief executive
officer, the employment of staff, the giving of directions by the portfolio Minister
(including directions as to the performance of non-commercial activities or the
carrying out of public sector policies), the constitution, tax-equivalent payments,
government guarantees, the sale or disposal of assets and legal capacity. Part
4 deals with the accountability of State owned corporations (including
requirements for statements of corporate intent, annual reports and accounts).
Part 5 deals with miscellaneous matters (including the duties and liabilities of
directors and the application of public sector legislation).
Division 2 Objectives and functions of State Water
Corporation
5 Objectives of Corporation
(1) The principal objectives of the Corporation are to capture, store and
release water in an efficient, effective, safe and financially
responsible manner.
(2) The other objectives of the Corporation are as follows:
(a) to be a successful business and, to that end:
(i) to operate at least as efficiently as any comparable
business, and
(ii) to maximise the net worth of the State's investment in
the Corporation,
(b) to exhibit a sense of social responsibility by having regard to
the interests of the community in which it operates,
Page 4
State Water Corporation Bill 2004 Clause 6
State Water Corporation Part 2
(c) where its activities affect the environment, to conduct its
operations in compliance with the principles of ecologically
sustainable development contained in section 6 (2) of the
Protection of the Environment Administration Act 1991,
(d) to exhibit a sense of responsibility towards regional
development and decentralisation in the way in which it
operates.
(3) The other objectives of the Corporation are of equal importance, but
are not as important as the principal objectives of the Corporation.
(4) Section 20E of the State Owned Corporations Act 1989 does not
apply to the Corporation.
6 Functions of Corporation
(1) The principal functions of the Corporation are as follows:
(a) to capture and store water and to release water:
(i) to persons entitled to take the water, including release
to regional towns, and
(ii) for the purposes of flood management, and
(iii) for any other lawful purpose, including the release of
environmental water,
(b) to construct, maintain and operate water management works,
(c) any other functions conferred or imposed on it by the
operating licence or by or under this or any other Act or law.
(2) The Corporation may:
(a) provide facilities or services that are necessary, ancillary or
incidental to its principal functions, and
(b) conduct any business or activity (whether or not related to its
principal functions) that it considers will further its
objectives.
(3) The exercise by the Corporation of any of its functions is subject to
the operating licence and any applicable requirements under the
Water Management Act 2000 or the Water Act 1912.
(4) This section does not limit the functions of the Corporation apart
from this section, but is subject to the provisions of the State Owned
Corporations Act 1989, this Act and any other Act or law.
Page 5
Clause 7 State Water Corporation Bill 2004
Part 2 State Water Corporation
Division 3 Management of State Water Corporation
7 Board of directors of Corporation
(1) The board of directors of the Corporation is to consist of not fewer
than 3 and not more than 8 directors appointed by the voting
shareholders. The voting shareholders are to consult with the
portfolio Minister on the persons recommended for appointment as
directors.
(2) The person for the time being holding office as chief executive
officer of the Corporation is to be a director of the board.
(3) Of the directors, one is to be a person who is selected from a panel
of 3 persons nominated by the Labor Council of New South Wales
by a selection committee consisting of 2 persons nominated by the
voting shareholders and 2 persons nominated by the Labor Council
of New South Wales.
(4) The procedures for constituting the selection committee, for making
nominations and for determining other matters relating to the
selection process are to be determined by regulations under this Act
or (subject to any such regulations) by the voting shareholders.
(5) Schedule 8 to the State Owned Corporations Act 1989 (clause 4
excepted) and section 20J (subsections (2)-(5) and (7) excepted) of
that Act apply with respect to the board.
(6) The persons appointed as directors are, between them, to have the
necessary expertise, skills and knowledge that will enable the
Corporation to meet its objectives.
8 Chief executive officer
(1) The chief executive officer of the Corporation is to be appointed by
the board after consultation with the voting shareholders and the
portfolio Minister.
(2) The board may remove a person from office as chief executive
officer, at any time, for any or no reason and without notice, but only
after consultation with the voting shareholders and the portfolio
Minister.
(3) The chief executive officer is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the board may
determine after consultation with the voting shareholders.
Page 6
State Water Corporation Bill 2004 Clause 9
State Water Corporation Part 2
(4) The board may, after consultation with the voting shareholders and
the portfolio Minister, fix the conditions of employment of the chief
executive officer in so far as they are not fixed by or under any other
Act or law.
(5) The Public Sector Employment and Management Act 2002 (Chapter
5 included) does not apply to the chief executive officer.
(6) Clauses 1 and 4 of Schedule 9 to the State Owned Corporations Act
1989 have effect with respect to the chief executive officer.
(7) The provisions of section 20K (2) and (4) of the State Owned
Corporations Act 1989 do not apply to the chief executive officer.
(8) The provisions of this section are in addition to and (except to the
extent to which this section provides) do not derogate from the
provisions of the State Owned Corporations Act 1989.
9 Acting chief executive officer
(1) The board may, from time to time, appoint a person to act in the
office of chief executive officer during the illness or absence of the
chief executive officer of the Corporation.
(2) The board may remove a person from office as acting chief
executive officer, at any time, for any or no reason and without
notice.
(3) A person, while acting in the office of chief executive officer:
(a) has all the functions of the chief executive officer and is taken
to be the chief executive officer, and
(b) is entitled to be paid such remuneration (including travelling
and subsistence allowances) as the board may determine.
(4) For the purposes of this section, a vacancy in the office of a chief
executive officer is regarded as an absence from office of the chief
executive officer.
(5) The board is not to appoint a person to act in the office of chief
executive officer during any vacancy in that office without the
concurrence of the voting shareholders and the portfolio Minister.
(6) The provisions of this section are in addition to and (except to the
extent to which this section provides) do not derogate from the
provisions of the State Owned Corporations Act 1989.
Page 7
Clause 10 State Water Corporation Bill 2004
Part 2 State Water Corporation
Division 4 Transfer of assets, rights and liabilities
10 Transfer of specified assets, rights and liabilities
(1) The Minister may, with the concurrence of the voting shareholders,
by order in writing, transfer to the Corporation such of the assets,
rights and liabilities of the Ministerial Corporation, the State or a
public or local authority as are specified or referred to in the order.
(2) The Minister may, with the concurrence of the voting shareholders,
by order in writing, transfer to the Ministerial Corporation or to any
other person or body on behalf of the State such of the assets, rights
and liabilities of the Corporation, as are specified or referred to in
the order.
(3) The Minister is not to make an order under subsection (1) or (2)
unless the relevant person or body from whom, or to whom, the
assets, rights or liabilities are to be transferred has consented to the
transfer.
(4) The fee simple in land that comprises the bed of any river, lake or
estuary is not to be transferred to the Corporation under this section
unless the Minister administering the Crown Lands Act 1989 has
been consulted in relation to the transfer.
(5) Subsection (4) does not prevent the transfer to the Corporation of
the ownership of any works installed in or on the bed of any river,
lake or estuary.
(6) An order under this section may be made on such terms and
conditions as are specified or referred to in the order.
(7) Schedule 1 applies to any transfer of assets, rights or liabilities under
this section.
(8) Section 20C of the State Owned Corporations Act 1989 does not
apply to the transfer of assets, rights or liabilities to the Corporation.
Division 5 Operating licence
11 Grant of operating licence
(1) The Governor, on the recommendation of the portfolio Minister,
may grant an operating licence to the Corporation to enable the
Corporation, in accordance with this Act, to carry out its functions.
Page 8
State Water Corporation Bill 2004 Clause 12
State Water Corporation Part 2
(2) Except to the extent to which this Act expressly provides, nothing in
the operating licence limits the requirements imposed by or under
any other Act or law with respect to the functions referred to in
subsection (1).
12 Terms and conditions of operating licence
(1) The operating licence is subject to the terms and conditions
determined by the Governor, on the recommendation of the
portfolio Minister, but must include terms or conditions under
which the Corporation is required:
(a) to provide, construct, operate, manage and maintain efficient,
co-ordinated and commercially viable systems and services to
capture, store and release water, and
(b) to ensure that the systems and services meet the performance
standards specified in the operating licence in relation to
water delivery and any other applicable requirements set out
in the operating licence.
(2) The terms and conditions of the operating licence are to make
provision for the preparation of operational audits by the Tribunal.
(3) The terms and conditions of the operating licence may confer on the
Corporation any specified functions of:
(a) the Minister administering the Water Management Act 2000
under that Act or the Water Act 1912, or
(b) the Ministerial Corporation under any Act or law.
(4) A function is not to be conferred under subsection (3) unless the
Minister administering the Water Management Act 2000 or the
Premier provides his or her concurrence to the conferral of the
function.
(5) A function of the Minister referred to in subsection (3) (a) or of the
Ministerial Corporation conferred on the Corporation under
subsection (3) may also be exercised by the Minister or the
Ministerial Corporation (as the case requires) despite that conferral.
However, a function may be conferred exclusively on the
Corporation if the Minister administering the Water Management
Act 2000 or the Premier provides his or her concurrence to the
exclusive conferral of the function.
(6) The conferral of functions under subsection (3) has effect according
to its tenor.
Page 9
Clause 13 State Water Corporation Bill 2004
Part 2 State Water Corporation
13 Amendment of operating licence
(1) The Governor, on the recommendation of the portfolio Minister,
may amend or substitute the operating licence or impose, amend or
revoke conditions of the operating licence.
(2) The portfolio Minister is to consult with the Corporation before
making a recommendation to the Governor under subsection (1).
14 Term of operating licence
(1) The initial term of the operating licence is to be for a maximum of
3 years, as determined by the Governor.
(2) After the initial term, the Governor may renew the operating licence
for a maximum of 5 years at a time.
(3) The operating licence may be renewed even if its term has expired.
15 Area covered by operating licence
(1) The area of operations of the Corporation is the whole of the State,
other than the following areas:
(a) the area of operations of Sydney Water Corporation within
the meaning of the Sydney Water Act 1994,
(b) the area of operations of Sydney Catchment Authority within
the meaning of the Sydney Water Catchment Management Act
1998,
(c) the area of operations of Hunter Water Corporation within the
meaning of the Hunter Water Act 1991,
(d) the area of operations of a water supply authority.
(2) Despite subsection (1) (b) and (d), the area of operations of the
Corporation includes the area of operations of the Corporation in its
capacity as a water supply authority in relation to the Fish River
water supply scheme.
(3) Despite subsection (1), the operating licence may authorise the
Corporation to carry out any of its functions:
(a) outside the State, or
(b) in any of the areas referred to in subsection (1) (a)-(d) with
the agreement of Sydney Water Corporation, Sydney
Catchment Authority, Hunter Water Corporation or the water
supply authority, respectively (the relevant body).
Page 10
State Water Corporation Bill 2004 Clause 16
State Water Corporation Part 2
(4) If, under subsection (3) (b), the Corporation is to carry out its
functions in more than one of the areas referred to in subsection (1)
(a)-(d), the Corporation is to obtain the agreement of each relevant
body in relation to the exercise of those functions.
(5) Nothing in this Act affects the area of operations of Sydney Water
Corporation, Sydney Catchment Authority or Hunter Water
Corporation.
(6) In this section, a reference to the area of operations of a water
supply authority means the area of operations prescribed for that
water supply authority by regulations made under section 289 (1) of
the Water Management Act 2000.
16 Contravention of operating licence
(1) If, in the opinion of the portfolio Minister, the Corporation
contravenes the operating licence, the portfolio Minister may cause
a notice to be served on the Corporation requiring it to rectify the
contravention within a specified period.
(2) If, in the opinion of the portfolio Minister, the Corporation
contravenes the operating licence, and whether or not a notice has
been served under subsection (1) or the period specified in the
notice has ended, the Governor may direct that the Corporation is to
pay a monetary penalty of an amount to be determined by the
Governor.
(3) The fact that the Governor has directed that action be taken under
this section does not prevent the Governor directing that the same or
other action under this section be taken if the contravention
continues or a fresh contravention occurs.
(4) The operating licence may make provision for advice to be
furnished to the portfolio Minister in connection with the exercise
of the portfolio Minister's functions under this section.
(5) A penalty imposed under this section may be recovered in any court
of competent jurisdiction as if it were a debt due to the State.
17 Contravention of operating licence: action by Tribunal
(1) The Tribunal may impose a monetary penalty on the Corporation if
the Corporation contravenes the operating licence.
(2) The Tribunal may, instead of imposing a monetary penalty, require
the Corporation to take such action as the Tribunal considers
appropriate in the circumstances, including (for example) requiring
Page 11
Clause 17 State Water Corporation Bill 2004
Part 2 State Water Corporation
the sending of information to customers or the publication of notices
in newspapers.
(3) The Tribunal may not require action to be taken under subsection
(2) by the Corporation if the cost of that action would exceed the
monetary penalty that the Tribunal could impose under this section
on the Corporation.
(4) If the Tribunal requires information to be sent to a customer under
subsection (2), the Corporation may satisfy that requirement by
sending the information to the customer with the next account or bill
to be sent to the customer by the Corporation or, if the Corporation
is sending other information to that customer before the next
account or bill, with that other information.
(5) Action may be taken under this section only if the Corporation has
knowingly contravened the operating licence.
(6) The monetary penalty that the Tribunal may impose under this
section must not exceed $10,000 for the first day on which the
contravention concerned occurs and a further $1,000 for each
subsequent day (not exceeding 30 days) on which the contravention
continues.
(7) The Tribunal must not take action under this section unless:
(a) the Tribunal has considered whether the contravention has
been or is likely to be the subject of any other penalty or action
or any claim for compensation, and is satisfied that it is
nevertheless appropriate to take action under this section, and
(b) the Tribunal has considered the action that the Corporation
has taken or is likely to take in respect of the contravention
and the cost to the Corporation in taking that action, and is
satisfied that it is nevertheless appropriate to take action under
this section.
(8) The Tribunal is required to consider the seriousness of the
contravention concerned in determining whether to impose a
monetary penalty under this section.
(9) The Tribunal must not take action under this section unless:
(a) notice of the proposed action has been given to the
Corporation, and
(b) the Corporation has been given a reasonable opportunity to
make submissions with respect to the proposed action, and
Page 12
State Water Corporation Bill 2004 Clause 18
State Water Corporation Part 2
(c) the Tribunal has given due consideration to any such
submissions.
(10) The Tribunal must not take action under this section in respect of a
contravention if any action has already been taken under section 16
in respect of the contravention.
(11) Nothing in this section affects any powers under section 16 in
respect of a contravention, whether or not the Tribunal has already
taken action under this section in respect of the contravention.
(12) A penalty imposed under this section may be recovered in any court
of competent jurisdiction as if it were a debt due to the State.
18 Review of certain decisions of Tribunal concerning operating
licence
(1) The Corporation, if aggrieved by a decision of the Tribunal to take
action under section 17 in relation to the Corporation, may apply to
the Administrative Decisions Tribunal for a review of the decision.
(2) Section 53 (Internal reviews) of the Administrative Decisions
Tribunal Act 1997 does not apply to such a decision of the Tribunal.
19 Cancellation of operating licence
(1) The operating licence may be cancelled by the Governor, but only
if:
(a) the Corporation ceases, otherwise than as authorised by the
operating licence, to carry out its functions in accordance with
the operating licence in the area of operations of the
Corporation for any reason, or
(b) the Corporation:
(i) is, in the opinion of the portfolio Minister, in material
default in complying with the operating licence, viewed
in terms of the operation of the operating licence as a
whole, and
(ii) has not, within the time specified by the portfolio
Minister in a notice to the Corporation, either rectified
the default or shown cause, to the satisfaction of the
portfolio Minister, why the operating licence should not
be cancelled, or
(c) the Corporation has been convicted on more than 3 occasions
within a period of 12 months of offences that are punishable
Page 13
Clause 20 State Water Corporation Bill 2004
Part 2 State Water Corporation
by a fine of at least $10,000 or, if the Corporation were a
natural person, imprisonment for 12 months or more.
(2) A notice under section 16 (1) can be regarded also as a notice for the
purposes of subsection (1) (b) (ii).
(3) If the operating licence is cancelled under this section, the Governor
may, by order published in the Gazette, transfer to the Ministerial
Corporation, the State or a public or local authority (as specified in
the order), from a date specified in the order, the assets and rights of
the Corporation that are specified in the order and that, in the
opinion of the portfolio Minister, are necessary to enable the
Ministerial Corporation, the State or the public or local authority to
exercise such of the functions exercisable (or formerly exercisable)
by the Corporation as appear to be necessary in the public interest.
(4) An order under this section may provide for:
(a) the Ministerial Corporation, the State or a public or local
authority to assume those liabilities of the Corporation that
the Governor considers appropriate and specifies in the order,
or
(b) the Ministerial Corporation, the State or a public or local
authority to pay the whole or any part of the liabilities of the
Corporation.
(5) Schedule 1 applies to any transfer of assets, rights or liabilities under
this section.
Division 6 General
20 Foundation charter of Corporation
For the purposes of the State Owned Corporations Act 1989, the
foundation charter of the Corporation is this Part (but not the
remainder of this Act).
Note. Section 3 of the State Owned Corporations Act 1989 defines the
foundation charter of a statutory State owned corporation (SOC) as the whole
of any Act by which a SOC is established for the purposes of the State Owned
Corporations Act 1989 and, in particular, for the purpose of the provisions
relating to the legal capacity of statutory SOCs and assumptions that they have
complied with that Act and their foundation charter.
Page 14
State Water Corporation Bill 2004 Clause 21
Powers of State Water Corporation Part 3
Part 3 Powers of State Water Corporation
21 Ownership of works
(1) The Corporation is the owner of all works installed by, vested in or
transferred to the Corporation in or on any land (including the bed
of any river, lake or estuary) whether or not the land is owned by the
Corporation.
(2) The Corporation may, subject to this and any other Act or law and
for purposes consistent with its objectives:
(a) build and install works, and
(b) operate, repair, replace, maintain, remove, extend, expand,
connect, disconnect, improve or do any other things that are
necessary or appropriate to any of its works, and
(c) sell, demolish or otherwise deal with any of its works.
(3) Part 3 and section 91 (b) and (c) of the Public Works Act 1912 do
not apply in respect of works owned by the Corporation.
22 Acquisition of land for purposes of this Act
(1) The Corporation may acquire land (including an interest in land) for
the purposes of this Act.
(2) Other purposes for which land may be acquired under this section
include the purposes of a future sale, lease or disposal, that is, to
enable the Corporation to exercise its functions in relation to land
under this Act.
(3) Land that the Corporation is authorised to acquire under this section
may be acquired by agreement or by compulsory process in
accordance with the Land Acquisition (Just Terms Compensation)
Act 1991.
(4) For the purposes of the Public Works Act 1912:
(a) an acquisition in accordance with this section is taken to be
for an authorised work, and
(b) the Corporation is, in relation to that work, taken to be the
Constructing Authority, and
(c) Part 3 and section 91 (b) and (c) of that Act do not apply in
respect of that work.
(5) The Corporation may not give a proposed acquisition notice under
the Land Acquisition (Just Terms Compensation) Act 1991 for the
Page 15
Clause 23 State Water Corporation Bill 2004
Part 3 Powers of State Water Corporation
purposes of this or any other Act, without the approval of the
portfolio Minister.
(6) Any such acquisition is not void merely because it is expressed to
be for the purposes of the Corporation or for the purposes of this
Act.
23 Entry on land
(1) The Corporation has, for the purposes of exercising its functions
under this or any other Act, the powers of entry on land that a water
supply authority has under sections 296 and 297 of the Water
Management Act 2000.
(2) For the purposes of this section, the reference in section 297 (1) (d)
of the Water Management Act 2000 to an offence against that Act is
taken to include a reference to an offence under this Act.
24 Power to break up roads
(1) The Corporation may, on giving reasonable notice to persons likely
to be affected, open and break up:
(a) the soil and pavement of a public road or public reserve, and
(b) any sewer, drain or tunnel in or under a public road or public
reserve,
for the purpose of exercising its functions under this or any other
Act.
(2) The statutory body having the control and management of a public
road or public reserve may, as prescribed by the regulations, require
the Corporation to comply with conditions in exercising its powers
under subsection (1), including conditions for restoration of the
surface and removal of rubbish.
(3) If a public road or public reserve is damaged by a leakage from, or
a bursting of, the Corporation's water main, the statutory body
having the control and management of the public road or public
reserve may require the Corporation to make good the damage
without delay.
(4) If the Corporation fails:
(a) to comply with a condition in force under subsection (2), or
(b) to comply with a requirement under subsection (3),
Page 16
State Water Corporation Bill 2004 Clause 25
Powers of State Water Corporation Part 3
the statutory body affected by the failure may remedy it and recover
the cost of doing so in a court of competent jurisdiction as a debt
owed to the statutory body by the Corporation.
25 Altering position of conduits
(1) If:
(a) the Corporation, in order to exercise its functions, needs an
alteration to be made in the position of a conduit owned by
another person, and
(b) the alteration would not permanently damage the conduit or
adversely affect its operation,
the Corporation may serve on the person a written notice that
complies with subsection (2).
(2) A notice must:
(a) specify the alteration needed, and
(b) require the alteration to be made within a reasonable time
stated in the notice, and
(c) include an undertaking by the Corporation to pay the
reasonable cost of the alteration.
(3) If the alteration is not made as required by the notice, the
Corporation may make the alteration in such a manner as not to
damage the conduit permanently or adversely affect its operation on
completion of the alteration.
(4) In this section, conduit means anything that is in or under a public
road (or any other land on which no building or other structure is
located) and is used for the conveyance of a substance, energy or
signals.
26 Corporation may use water management works to generate hydro-
electricity
The Corporation may authorise devices for generating electricity
from water released in the exercise of the Corporation's functions
under this Act to be placed on or in any of its water management
works.
Page 17
Clause 27 State Water Corporation Bill 2004
Part 3 Powers of State Water Corporation
27 Obstruction of water management works
(1) If a person places a structure or other thing in or near any of the
Corporation's water management works in such a manner as to
interfere with the work, the Corporation may:
(a) demolish and remove the structure or other thing, and
(b) repair the work, and
(c) recover the cost of doing so in a court of competent
jurisdiction as a debt owing to the Corporation by the person
who placed the structure or other thing there.
(2) The Corporation may apply for and obtain an injunction to prevent
a structure or other thing being placed as referred to in subsection
(1).
28 Finding source of pollution of water supply
(1) If water captured, stored or released by the Corporation is being
polluted, the Corporation may, after giving reasonable notice to
persons likely to be affected by its action, dig up the ground and try
to find the source of the pollution.
(2) If it is found that a person given notice under this section is not
responsible for the pollution, the Corporation must bear the
expenses of:
(a) the digging, examination, repair and reinstatement of the
broken ground, and
(b) the repair of any damage caused by the Corporation to the
property of the person.
(3) The Corporation may recover the expenses incurred by it in a court
of competent jurisdiction as a debt due to the Corporation by any
person responsible for the pollution.
29 Corporation may impose fees and charges
(1) The Corporation may impose fees and charges on any person to
whom the Corporation provides a service in the exercise of its
functions, including any person to whom the Corporation makes
water available.
(2) The Corporation may impose different fees and charges according
to specified factors or circumstances.
Page 18
State Water Corporation Bill 2004 Clause 29
Powers of State Water Corporation Part 3
(3) Any fee or charge imposed under this section is taken to be a debt
due to the Corporation and is recoverable in a court of competent
jurisdiction.
(4) A fee or charge levied under this Act on the holder of an access
licence (within the meaning of the Water Management Act 2000)
and any costs awarded to the Corporation by a court in proceedings
to recover the fee or charge are a charge on the access licence and
may be registered in accordance with the Water Management Act
2000.
Page 19
Clause 30 State Water Corporation Bill 2004
Part 4 Independent Pricing and Regulatory Tribunal
Part 4 Independent Pricing and Regulatory Tribunal
30 Regulatory functions of Tribunal
(1) The regulatory functions of the Tribunal under this Act are as
follows:
(a) the function of making recommendations under subsection
(2),
(b) the function of monitoring and reporting under subsection (3),
(c) the auditing functions of the Tribunal under subsection (4),
(d) the function of determining the operating licence fee (if any),
(e) the function of imposing monetary penalties or requiring
other action to be taken under section 17,
(f) such other functions of the Tribunal under this Act as are
specified by the regulations for the purposes of this section.
(2) The Tribunal has the function of making recommendations to the
portfolio Minister for or with respect to:
(a) the granting, amendment or cancellation of the operating
licence, and
(b) the imposition, amendment or cancellation of conditions in
relation to the operating licence, and
(c) action to be taken, and sanctions to be applied, in respect of a
contravention of the operating licence, and
(d) remedial action that may be warranted as a result of a
contravention of the operating licence.
(3) The Tribunal has the function of monitoring and reporting to the
portfolio Minister on compliance by the Corporation with the
operating licence.
(4) The Tribunal has such functions as may be conferred or imposed on
it by the operating licence in connection with operational audits of
the Corporation.
31 Operational and other audits
(1) The Tribunal is to prepare operational audits of the Corporation at
the times directed by the portfolio Minister.
(2) The portfolio Minister may direct the Tribunal to prepare an
operational audit of specified matters only.
Page 20
State Water Corporation Bill 2004 Clause 31
Independent Pricing and Regulatory Tribunal Part 4
(3) The Tribunal is to ensure that each operational audit of the
Corporation is prepared in accordance with the operating licence.
Page 21
Clause 32 State Water Corporation Bill 2004
Part 5 Miscellaneous
Part 5 Miscellaneous
32 Authorised officers
(1) The Corporation may appoint authorised officers for the purposes of
exercising its functions under this or any other Act.
(2) On appointing an authorised officer under subsection (1), the
Corporation must issue to the officer a certificate of authority.
(3) A certificate of authority must:
(a) state that it is issued under the State Water Corporation Act
2004, and
(b) give the name of the person to whom it is issued, and
(c) state the date, if any, on which it expires, and
(d) describe the nature of the functions conferred and the source
of the functions.
(4) An authorised officer may exercise such of the Corporation's
functions under this or any other Act as are described in the officer's
certificate of authority.
(5) A certificate of authority may appoint the authorised officer to be an
authorised officer for the purposes of section 365 of the Water
Management Act 2000, but only in relation to penalty notice
offences, within the meaning of that section, that occur in the area
of operations of the Corporation.
(6) If an authorised officer serves a penalty notice under section 365 of
the Water Management Act 2000, a reference to the Ministerial
Corporation in section 365 (7) of that Act is taken to be a reference
to the Corporation.
33 Obstruction of authorised officers
A person must not obstruct or hinder an authorised officer in the
exercise of the authorised officer's functions.
Maximum penalty: 20 penalty units (in the case of an individual)
and 50 penalty units (in any other case).
34 Exclusion of personal liability
An act or omission of any of the following:
(a) the Minister, the Corporation, or a director of the Corporation,
(b) a member of staff of the Department or of the Corporation,
Page 22
State Water Corporation Bill 2004 Clause 35
Miscellaneous Part 5
(c) a person acting under the direction of a person referred to in
paragraph (a) or (b),
does not subject a director, member of staff or person so acting
personally to any action, liability, claim or demand if the act or
omission was done, or omitted to be done, in good faith for the
purpose of executing this or any other Act.
35 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be
dealt with summarily before a Local Court.
36 Transfer of staff
Schedule 2 has effect.
37 Regulations
(1) The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) The regulations may create offences punishable by a penalty not
exceeding 50 penalty units (in the case of an individual) and 100
penalty units (in any other case).
38 Amendment of Acts and regulations
Each Act and regulation specified in Schedule 3 is amended as set
out in that Schedule.
39 Savings, transitional and other provisions
Schedule 4 has effect.
40 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The Minister is to make arrangements for public comment on the
Act and consider those comments as part of the review.
(3) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to this Act.
Page 23
Clause 40 State Water Corporation Bill 2004
Part 5 Miscellaneous
(4) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of 5
years.
Page 24
State Water Corporation Bill 2004
Transfer of assets, rights and liabilities Schedule 1
Schedule 1 Transfer of assets, rights and liabilities
(Sections 10 (7) and 19 (5))
1 Application and interpretation
(1) This Schedule applies to any transfer of assets, rights or liabilities:
(a) by order under section 10 or 19, or
(b) under clause 9 of Schedule 4.
(2) In this Schedule, the person or body from which any assets, rights
or liabilities are transferred is called the transferor and the person
or body to which they are transferred is called the transferee.
2 Vesting of undertaking in transferee
(1) When any assets, rights or liabilities are transferred by a transfer to
which this Schedule applies, the following provisions have effect:
(a) the assets of the transferor vest in the transferee by virtue of
this clause and without the need for any further conveyance,
transfer, assignment or assurance,
(b) the rights or liabilities of the transferor become by virtue of
this Schedule the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities
commenced before the transfer by or against the transferor or
a predecessor of the transferor and pending immediately
before the transfer are taken to be proceedings pending by or
against the transferee,
(d) any act, matter or thing done or omitted to be done in relation
to the assets, rights or liabilities before the transfer by, to or in
respect of the transferor or a predecessor of the transferor is
(to the extent to which that act, matter or thing has any force
or effect) taken to have been done or omitted by, to or in
respect of the transferee,
(e) a reference in any Act, in any instrument made under any Act
or in any document of any kind to:
(i) the transferor, or
(ii) any predecessor of the transferor,
to the extent to which the reference relates to those assets,
rights or liabilities, is taken to be, or include, a reference to the
transferee.
(2) The operation of this Schedule is not to be regarded:
Page 25
State Water Corporation Bill 2004
Schedule 1 Transfer of assets, rights and liabilities
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
rights or liabilities, or
(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 ownership of
any asset, right or liability, or
(d) as an event of default under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the transferor is
required.
(4) A transfer is subject to the terms and conditions of the order by
which it is effected.
3 No compensation payable
(1) No compensation is payable to any person or body in connection
with a transfer to which this Schedule applies except to the extent (if
any) to which the order giving rise to the transfer so provides.
(2) Despite subclause (1), if the transferor or transferee is a local
authority, compensation may be paid in relation to any asset or right
the subject of the transfer.
(3) Despite clause 6, the amount of any compensation payable under
subclause (2) in relation to any such asset or right is to be
determined by the Valuer-General.
4 Transfer of interests in land
(1) An order under section 10 or 19 may transfer an interest in respect
of land vested in the transferor without transferring the whole of the
interests of the transferor in that land.
(2) If the interest transferred is not a separate interest, the order operates
to create the interest transferred in such terms as are specified in the
order.
(3) This clause does not limit any other provision of this Act.
5 Date of vesting
(1) An order under section 10 or 19 takes effect on the date specified in
the order.
Page 26
State Water Corporation Bill 2004
Transfer of assets, rights and liabilities Schedule 1
(2) A transfer under clause 9 of Schedule 4 takes effect on the
commencement of Schedule 3.21 [1].
6 Consideration for vesting
The Minister may, by order in writing, specify the consideration on
which a transfer to which this Schedule applies is made and the
value or values at which the assets, rights or liabilities are
transferred.
7 State taxes not chargeable
(1) State tax is not chargeable in respect of:
(a) a transfer to which this Schedule applies, or
(b) anything certified by the Minister as having been done in
consequence of such a transfer (for example, the transfer or
conveyance of an interest in land).
(2) In this clause:
State tax includes application or registration fees or any other tax,
rate, levy, duty, fee or charge imposed by any Act or other law of
the State.
8 Confirmation of vesting
(1) The Minister may, by notice in writing, confirm a transfer of
particular assets, rights or liabilities by operation of this Schedule.
(2) Such a notice is conclusive evidence of that transfer.
Page 27
State Water Corporation Bill 2004
Schedule 2 Transfer of staff
Schedule 2 Transfer of staff
(Section 36)
1 Definitions
In this Schedule:
relevant agency means the Department of Infrastructure, Planning
and Natural Resources, the Department of Commerce, the
Department of Energy, Utilities and Sustainability or the Ministerial
Corporation.
2 Transfer of staff to Corporation
(1) The Minister may, by order in writing, transfer to the Corporation
such of the staff of a relevant agency as are specified or referred to
in the order.
(2) The members of staff of a relevant agency who are transferred to the
Corporation by such an order are to be regarded for all purposes as
having become employees of the Corporation, in accordance with
the terms of the order, on a day specified in the order as being the
day on which the transfer takes effect.
(3) The Minister is to consult with the Minister for Natural Resources
before making an order transferring staff of the Department of
Infrastructure, Planning and Natural Resources or the Ministerial
Corporation.
(4) The Minister is to consult with the Minister for Commerce before
making an order transferring staff of the Department of Commerce.
3 General saving of conditions of employment
(1) A person who is transferred under this Schedule is (until other
provision is duly made under any Act or law) to be continued to be
employed in accordance with any awards, agreements and
determinations that would have applied to the person if the person
had not been transferred but had instead remained as a member of
the staff of the relevant agency from which they were transferred.
(2) However, nothing in this clause affects the application of section 36
(1) of the State Owned Corporations Act 1989 to the Corporation.
Accordingly, the Government and Related Employees Appeal
Tribunal Act 1980 does not apply to the Corporation or any
subsidiary of the Corporation.
Page 28
State Water Corporation Bill 2004
Transfer of staff Schedule 2
4 Saving of leave
A person who is transferred under this Schedule retains any rights
to annual leave, extended service leave, sick leave, and other forms
of leave, accrued or accruing in his or her employment with the
relevant agency from which the person was transferred.
5 No payment out on transfer or dual benefits
(1) A person who is transferred under this Schedule is not entitled to
receive any payment or other benefit merely because the person
ceases to be a member of staff of the relevant agency from which the
person was transferred.
(2) A person who is transferred under this Schedule is not entitled to
claim, both under this Act and under any other Act, dual benefits of
the same kind for the same period of service.
Page 29
State Water Corporation Bill 2004
Schedule 3 Amendment of Acts and regulations
Schedule 3 Amendment of Acts and regulations
(Section 38)
3.1 Catchment Management Authorities Act 2003 No 104
Schedule 4 Catchment contributions
Insert ", State Water Corporation" after "the Hunter Water Corporation"
in clause 9 (1) (b).
3.2 Conveyancing (General) Regulation 2003
[1] Clause 51 Easements in gross
Insert after clause 51 (1) (b):
(b1) State Water Corporation,
[2] Clause 52 Imposition of restrictions or public positive covenants
on certain land vested in prescribed authorities
Insert after clause 52 (d):
(d1) State Water Corporation,
[3] Clause 53 Regulation of use of land not held by a prescribed
authority
Insert after clause 53 (h):
(i) State Water Corporation.
3.3 Dams Safety Act 1978 No 96
[1] Section 8 Members
Omit section 8 (2) (c). Insert instead:
(c) a person nominated by State Water Corporation
constituted under the State Water Corporation Act
2004,
[2] Schedule 2 Provisions relating to the constitution and procedure
of the Committee
Omit "4" from clause 9. Insert instead "5".
Page 30
State Water Corporation Bill 2004
Amendment of Acts and regulations Schedule 3
3.4 Environmental Planning and Assessment Act 1979 No 203
Section 109J Restriction on issue of subdivision certificates
Omit "constituted under the Water Supply Authorities Act 1987" from
paragraph (a) of the definition of water supply authority in section 109J
(4).
Insert instead "within the meaning of the Water Management Act 2000".
3.5 First State Superannuation Act 1992 No 100
Schedule 1 Employers
Insert at the end of the Schedule:
State Water Corporation
3.6 Heritage Act 1977 No 136
Section 123 Definitions
Omit paragraph (e) of the definition of rating or taxing authority.
Insert instead:
(e) a water supply authority within the meaning of the
Water Management Act 2000,
3.7 Independent Pricing and Regulatory Tribunal Act 1992 No 39
[1] Section 4 Government monopoly services
Insert after section 4 (6):
(7) To avoid doubt, the services for which fees and charges are
payable under the State Water Corporation Act 2004 are
capable of being declared to be government monopoly
services. State Water Corporation is taken to be the supplier
of any such service.
[2] Section 24F Regulatory functions of Tribunal
Insert at the end of section 24F (e):
, and
(f) section 30 of the State Water Corporation Act 2004.
Page 31
State Water Corporation Bill 2004
Schedule 3 Amendment of Acts and regulations
[3] Section 24FC Licence auditing functions of Tribunal
Insert at the end of section 24FC (1) (d):
, and
(e) its functions in connection with operational audits
under the State Water Corporation Act 2004.
[4] Schedule 1 Government agencies for which Tribunal has standing
reference
Insert at the end of the Schedule:
State Water Corporation
3.8 Local Government Act 1993 No 30
[1] Section 555 What land is exempt from all rates?
Omit "within the meaning of the Water Supply Authorities Act 1987" from
section 555 (1) (d).
Insert instead "as declared by an order under section 302 of the Water
Management Act 2000".
[2] Section 555 (1) (c2)
Insert after section 555 (1) (c1):
(c2) land that is vested in or owned by State Water
Corporation and in, on or over which water supply
works (within the meaning of the Water Management
Act 2000) are installed,
[3] Section 611 Annual charge on rails, pipes etc
Insert ", State Water Corporation" after "the Hunter Water Corporation"
in section 611 (6) (b).
[4] Section 741 Exemption from taxes
Omit section 741 (2). Insert instead:
(2) This section does not extend to any rate, charge or assessment
made or levied by the following:
(a) another council,
(b) the Sydney Water Corporation,
Page 32
State Water Corporation Bill 2004
Amendment of Acts and regulations Schedule 3
(c) the Hunter Water Corporation,
(d) State Water Corporation,
(e) a water supply authority,
(f) the Director-General of New South Wales Fire
Brigades,
(g) a person prescribed by the regulations.
3.9 Murray-Darling Basin Act 1992 No 65
Section 4 Definitions
Omit the definition of relevant water authority from section 4 (1).
Insert instead:
relevant water authority means State Water Corporation
constituted under the State Water Corporation Act 2004 or
such other body declared by the Minister by notice published
in the Gazette to be the relevant water authority for the
purposes of this Act.
3.10 Pipelines Act 1967 No 90
Section 3 Definitions
Insert "State Water Corporation," after "Hunter Water Board
(Corporatisation) Act 1991," in the definition of statutory body
representing the Crown in section 3 (1).
3.11 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Administrator of the Fish River Water Supply".
3.12 Public Health Act 1991 No 10
[1] Section 10A Definitions
Omit paragraph (c) of the definition of supplier of drinking water (or
supplier).
Insert instead:
(c) a water supply authority within the meaning of the
Water Management Act 2000,
Page 33
State Water Corporation Bill 2004
Schedule 3 Amendment of Acts and regulations
[2] Section 10A definition of "supplier of drinking water" (or
"supplier")
Omit paragraph (f) of the definition.
[3] Section 10I Closure of water supply
Omit section 10I (3) (c). Insert instead:
(c) a water supply authority within the meaning of the
Water Management Act 2000 (other than State Water
Corporation)--the Minister administering the Water
Management Act 2000,
(c1) State Water Corporation--the Minister administering
the State Water Corporation Act 2004,
[4] Section 10I (3) (d)
Omit "Water Supply Authorities Act 1987".
Insert instead "Water Management Act 2000".
3.13 Residential Parks Act 1998 No 142
Section 34 Definitions
Omit "constituted under the Water Supply Authorities Act 1987" from
paragraph (a) of the definition of water supply authority.
Insert instead "within the meaning of the Water Management Act 2000".
3.14 Roads (General) Regulation 2000
Clause 78
Omit the clause. Insert instead:
78 Public authorities
For the purposes of the definition of public authority in the
Dictionary to the Act, each of the following is prescribed as a
public authority for the purposes of the Act:
(a) the Hunter Water Corporation,
(b) the Sydney Water Corporation,
(c) State Water Corporation,
Page 34
State Water Corporation Bill 2004
Amendment of Acts and regulations Schedule 3
(d) an energy services corporation within the meaning of
the Energy Services Corporations Act 1995,
(e) Rail Infrastructure Corporation.
3.15 State Authorities Non-contributory Superannuation Act
1987 No 212
Schedule 1 Employers
Insert at the end of Part 1:
State Water Corporation
3.16 State Authorities Superannuation Act 1987 No 211
Schedule 1 Employers
Insert at the end of Part 1:
State Water Corporation
3.17 Strata Schemes (Freehold Development) Act 1973 No 68
Section 5 Definitions
Omit "constituted under the Water Supply Authorities Act 1987" from
paragraph (a) of the definition of water supply authority in section 5 (1).
Insert instead "within the meaning of the Water Management Act 2000".
3.18 Strata Schemes (Leasehold Development) Act 1986 No 219
Section 4 Definitions
Omit "constituted under the Water Supply Authorities Act 1987" from
paragraph (a) of the definition of water supply authority in section 4 (1).
Insert instead "within the meaning of the Water Management Act 2000".
3.19 Superannuation Act 1916 No 28
Schedule 3 List of employers
Insert at the end of Part 1:
State Water Corporation
Page 35
State Water Corporation Bill 2004
Schedule 3 Amendment of Acts and regulations
3.20 Water Act 1912 No 44
Schedule 3 Water management authorities
Insert at the end of the Schedule:
State Water Corporation
3.21 Water Management Act 2000 No 92
[1] Chapter 5 Public works
Omit Part 1.
[2] Section 309 Connections
Insert after section 309 (7):
(8) Nothing in this section requires a water supply authority to
allow a person to connect premises with the water supply
authority's water main or sewer main.
[3] Section 398 Exclusion of Crown liability
Insert "or the State Water Corporation Act 2004" after "this Act"
wherever occurring in section 398 (1) and (2).
[4] Section 398 (3) (c)
Insert at the end of section 398 (3) (b):
, or
(c) State Water Corporation.
[5] Schedule 2 Major utilities
Insert in alphabetical order:
State Water Corporation
[6] Schedule 3 Water supply authorities
Insert at the end of Part 3:
State Water Corporation (but only in relation to the Fish River
water supply scheme within the meaning of the State Water
Corporation Act 2004)
Page 36
State Water Corporation Bill 2004
Amendment of Acts and regulations Schedule 3
[7] Schedule 8.30 Water Management Act 2000
Omit item [1].
[8] Schedule 9 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
State Water Corporation Act 2004 (but only in relation to the
amendments made to this Act)
Page 37
State Water Corporation Bill 2004
Schedule 4 Savings, transitional and other provisions
Schedule 4 Savings, transitional and other provisions
(Section 39)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act
2 Previous acts, matters or things
(1) Any act, matter or thing done before the commencement of this
clause:
(a) by the Ministerial Corporation, the Department of
Infrastructure, Planning and Natural Resources or the
Department of Energy, Utilities and Sustainability in respect
of the capture, storage or release of water or any other
function of the Corporation in the area of operations of the
Corporation, or
(b) by the Minister administering the Fish River water supply
scheme in respect of the supply of water from that scheme,
or any associated functions, continues to have effect after that
commencement as if the act, matter or thing were done by the
Corporation.
Page 38
State Water Corporation Bill 2004
Savings, transitional and other provisions Schedule 4
(2) The Corporation may vary or revoke (if otherwise permitted under
this Act or the regulations or any other applicable Act or law) any
act, matter or thing continued under this clause.
3 Prices for bulk water
(1) In this clause:
IPART determination means determination No 3, 2001 made by the
Tribunal and published in Gazette No 30 of 25 January 2002 at
pages 563-577.
(2) For the purposes of the Independent Pricing and Regulatory
Tribunal Act 1992, the IPART determination continues to apply to
water released by the Corporation until a replacement determination
is issued.
(3) Despite subclause (2), the prices in the IPART determination that
applied to water supplied immediately before 30 June 2004 are to be
increased by 2% in relation to water supplied on or after 1 July 2004.
(4) Nothing in this clause prevents the IPART determination being
replaced, or a further determination being issued for the
Corporation.
4 Prices for water from Fish River water supply scheme
(1) In this clause:
order of the Minister means the order of the Minister under section
243 (3) of the Water Management Act 2000 that had effect
immediately before the repeal of section 243 of that Act by
Schedule 3.21 [1].
(2) The order of the Minister continues to apply to water supplied from
the Fish River water supply scheme until a determination under
section 315 of the Water Management Act 2000 in respect of that
scheme takes effect.
5 Timetable for first statement of corporate intent
A period within which any matter is required to be done under this
Act or the State Owned Corporations Act 1989 in relation to a
statement of corporate intent, in connection with the first statement
of corporate intent of the Corporation, may be extended by the
voting shareholders of the Corporation.
Page 39
State Water Corporation Bill 2004
Schedule 4 Savings, transitional and other provisions
6 Existing development applications and other matters
(1) This clause applies to development or an activity relating to:
(a) water management works or other infrastructure or assets
transferred to the Corporation from the Ministerial
Corporation, the State or a public or local authority under this
Act, or
(b) a function conferred on the Corporation under this Act that
was, immediately before its conferral, conferred on the
Ministerial Corporation, the State or a public or local
authority.
(2) A development application or environmental impact statement
relating to a matter referred to in subclause (1) made or prepared by
the Ministerial Corporation, the State or a public or local authority
under the Environmental Planning and Assessment Act 1979 before
its conferral, and not finally determined (in the case of a
development application) or considered (in the case of an
environmental impact statement) before that commencement, is
taken to have been made or prepared by the Corporation.
7 Licences and other authorisations
(1) This clause applies to an authorisation granted to the Ministerial
Corporation, the State or a public or local authority under any of the
following Acts or under a regulation under any of those Acts, and in
force immediately before the commencement of this clause:
(a) Dangerous Goods Act 1975,
(b) Environmental Planning and Assessment Act 1979,
(c) Occupational Health and Safety Act 2000,
(d) Protection of the Environment Operations Act 1997,
(e) Water Act 1912,
(f) Water Management Act 2000,
(g) any other Act prescribed by the regulations.
(2) An authorisation is, to the extent that it relates to transferred
functions or assets, taken to be held by the Corporation on the same
terms and conditions as the Ministerial Corporation, the State or the
public or local authority held the authorisation immediately before
the commencement of this clause.
(3) The regulations may exempt an authorisation from the operation of
this clause.
Page 40
State Water Corporation Bill 2004
Savings, transitional and other provisions Schedule 4
(4) Nothing in this clause prevents an authorisation from being varied,
cancelled or replaced.
(5) In this clause:
authorisation includes a licence, permit or approval.
transferred functions or assets means functions conferred on, or
assets, rights or liabilities vested in, the Corporation by or under this
Act, that were, immediately before the conferral or vesting,
conferred on, or vested in, the Ministerial Corporation, the State or
a public or local authority.
8 Deemed licences and approvals
(1) For the purposes of Part 9 of the Water Act 1912, the Corporation is
taken, at the time of transfer, to have been granted a water
management licence under section 188 of that Act, for each water
management work transferred to the Corporation by or under this
Act (a deemed water management licence).
(2) A deemed water management licence (other than a deemed water
management licence for the Fish River water supply scheme) does
not authorise the Corporation to take and use water from any water
source.
(3) The Ministerial Corporation is not required to comply with section
189 (3) of the Water Act 1912 in relation to any condition that it
imposes on a deemed water management licence within 6 months
after the date that the licence is taken to have been granted.
(4) If water management works are transferred to the Corporation by or
under this Act, the Corporation is taken on the date of the transfer to
have been granted all relevant approvals under Part 3 of Chapter 3
of the Water Management Act 2000 required to allow the
Corporation to use those works in accordance with the
Corporation's functions (a deemed approval).
(5) A deemed approval is subject to the provisions of the Water
Management Act 2000 as if the approval had been granted under
Division 2 of Part 3 of Chapter 3 of that Act at the time of the
transfer of the relevant water management works, and accordingly
it may be subjected to conditions, suspended or cancelled in
accordance with that Act.
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Schedule 4 Savings, transitional and other provisions
(6) The Minister administering the Water Management Act 2000 is not
required to comply with section 102 (1) of that Act in relation to any
discretionary condition imposed on a deemed approval within 6
months after the date that the approval is taken to have been granted.
(7) Part 5 of the Environmental Planning and Assessment Act 1979 does
not apply to or in respect of a deemed water management licence or
a deemed approval.
(8) The Corporation is taken to hold any other licence or approval
necessary under the Water Management Act 2000 or the Water Act
1912 to allow it to take and use water in the exercise of its functions.
(9) Any licence or approval under subclause (8) is taken to have effect
for a period of 12 months commencing on the date of
commencement of this clause or for such longer period as may be
prescribed by the regulations.
9 Fish River water supply scheme assets
(1) All assets, rights and liabilities of the Ministerial Corporation, the
State or a public or local authority comprising the Fish River water
supply scheme are transferred to the Corporation on the
commencement of Schedule 3.21 [1].
(2) Any money in, or required to be paid into, the Fish River Water
Supply Account immediately before the commencement of
Schedule 3.21 [1], less any amount required, at that time, to be
repaid to the Treasurer under section 251 (2) of the Water
Management Act 2000, is to be paid to the Corporation.
(3) Any amount owing to the Minister immediately before the
commencement of Schedule 3.21 [1] in relation to the supply of
water from the Fish River water supply scheme, is to be paid to the
Corporation and may be recovered by the Corporation as a debt in a
court of competent jurisdiction.
(4) On and after the commencement of Schedule 3.21 [1], the
Corporation is entitled to the benefit and subject to the burden of,
and taken to be a party to, any contract or arrangement in relation to
the Fish River water supply scheme entered into by the Minister (or
by a person on behalf of the Minister) with any person and having
force immediately before the commencement of Schedule 3.21 [1].
(5) Schedule 1 applies to any transfer of assets, rights or liabilities under
this clause.
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Savings, transitional and other provisions Schedule 4
(6) In this clause:
Fish River Water Supply Account has the same meaning as in
Division 4 of Part 1 of Chapter 5 of the Water Management Act
2000, before the repeal of that Division by Schedule 3.21 [1].
Minister means the Minister administering the Fish River water
supply scheme immediately before the commencement of Schedule
3.21 [1].
10 Transferred easements
For the purposes of any easement, the benefit of which is transferred
to the Corporation by or under this Act, the Corporation is taken to
be a body representing the Crown.
11 Existing hydro-electric works
Any device for generating electricity from water released in
accordance with this Act, that was on or in any water management
work immediately before that work was transferred to the
Corporation by or under this Act, is taken to have been authorised
under section 26.
12 Interim operating licence
(1) Despite any other provision of this Act, the Governor may, on the
recommendation of the portfolio Minister, grant an interim
operating licence to the Corporation.
(2) The interim operating licence is subject to the terms and conditions
determined by the Governor.
(3) Subject to subclause (4), the interim operating licence is taken to be
an operating licence and the provisions of this Act apply
accordingly.
(4) Section 12 (1) and (2) and section 14 do not apply in relation to the
interim operating licence.
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Schedule 4 Savings, transitional and other provisions
(5) The interim operating licence ceases to have effect:
(a) on the granting of an operating licence under section 11, or
(b) 1 year after the date of assent to this Act,
whichever occurs first.
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