Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to the management of water resources in the Australian Capital Territory, to amend the Water Act 2007, and for related purposes
Administered by: PMC (DCC)
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 19 Nov 2009
Introduced HR 19 Nov 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009

 

No.      , 2009

 

(Climate Change and Water)

 

 

 

A Bill for an Act to amend the law relating to the management of water resources in the Australian Capital Territory, to amend the Water Act 2007, and for related purposes

  

  


 

Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 3

Schedule 1—Australian Capital Territory (Planning and Land Management) Act 1988   4

Schedule 2—Water Act 2007                                                                                           6

Schedule 3—Canberra Water Supply (Googong Dam) Act 1974              10

Schedule 4—Water Amendment Act 2008                                                             11

Schedule 5—Trade Practices Act 1974                                                                    12

 


A Bill for an Act to amend the law relating to the management of water resources in the Australian Capital Territory, to amend the Water Act 2007, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Australian Capital Territory and Other Legislation Amendment (Water Management) Act 2009.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

3.  Schedule 2, items 1 and 2

Immediately after the commencement of Schedule 1 to the Water Amendment Act 2008.

15 December 2008

4.  Schedule 2, item 3

The day this Act receives the Royal Assent.

 

5.  Schedule 2, items 4 to 17

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

6.  Schedule 3

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

7.  Schedule 4

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

8.  Schedule 5

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Australian Capital Territory (Planning and Land Management) Act 1988

  

1  Section 4

Insert:

take, in relation to water, has the same meaning as in the Water Resources Act 2007 of the Australian Capital Territory, as in force at the time this definition commences.

Note:          This definition is inserted by the Australian Capital Territory and Other Legislation Amendment (Water Management) Act 2009.

2  Section 6

Before “The functions”, insert “(1)”.

3  Paragraph 6(g)

Before “with the Minister’s approval”, insert “subject to subsection (2) and”.

4  At the end of section 6

Add:

             (2)  The functions of the Authority under paragraph (1)(g) do not extend to the management or regulation, or both, of the taking of water on National Land.

Note 1:       Regulations may be made under section 27 of the Australian Capital Territory (Self‑Government) Act 1988 with the effect that the Water Resources Act 2007 of the Australian Capital Territory binds the Crown in right of the Commonwealth in respect of National Land.

Note 2:       The Authority retains the function of approving works in Designated Areas under section 12.

5  At the end of subsection 29(1)

Add:

             ; and (c)  has responsibility for the management or regulation, or both, of the taking of water on National Land.

Note:       The heading to section 29 is altered by adding at the end “and National Land”.

6  Paragraph 30(2)(a)

Repeal the paragraph, substitute:

                     (a)  a liability arises:

                              (i)  in respect of land at a time when it is Territory Land; or

                             (ii)  in respect of the management or regulation, or both, of the taking of water on National Land; and

Note:       The heading to section 30 is altered by omitting “of Territory Land”.


 

Schedule 2Water Act 2007

  

1  Subsection 18B(9) (definition of amendment)

Repeal the definition.

2  Subsection 18B(9) (definition of express amendment)

After “direct amendment”, insert “(whether by the insertion, omission, repeal, substitution or relocation of words or matter)”.

Note:       Section 18B of the Water Act 2007 was inserted by Schedule 1 to the Water Amendment Act 2008. That Schedule commenced on 15 December 2008. The amendments to subsection 18B(9) made by item 1 and this item are taken to have commenced immediately after the commencement of that Schedule (see section 2 (commencement) of this Act).

3  Transitional—referring States

New South Wales, Queensland, South Australia and Victoria are taken, for the purposes of the Water Act 2007:

                     (a)  to have been referring States at and after the commencement of items 1 and 2 of this Schedule until immediately before the commencement of this item; and

                     (b)  to continue to be referring States at and after the commencement of this item, subject to section 18B (meaning of referring State) of that Act.

Note:       Items 1 and 2 are taken to have commenced on 15 December 2008 (see the note to item 2). Item 3 commences on the day this Act receives the Royal Assent.

4  At the end of subsection 21(1)

Add:

Note:          The Basin Plan may apply, adopt or incorporate an instrument or other writing as in force or existing at a particular time, or from time to time (see subsection 33(4)).

5  Subparagraph 21(4)(c)(ii)

After “economic uses”, insert “(including by the Commonwealth)”.

6  Subsection 22(1) (note)

After “Note”, insert “1”.

7  At the end of subsection 22(1) (after the note)

Add:

Note 2:       The Basin Plan may apply, adopt or incorporate an instrument or other writing as in force or existing at a particular time, or from time to time (see subsection 33(4)).

8  Subsection 22(1) (table item 2, column headed “Specific requirements”)

Before “The Authority must consult a State”, insert “The surface water of the Googong Dam Area (within the meaning of the Canberra Water Supply (Googong Dam) Act 1974) must be included in a water resource plan area for which the Australian Capital Territory (and not New South Wales) prepares a water resource plan (see section 63A).”.

9  At the end of section 33

Add:

             (4)  The Basin Plan may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:

                     (a)  as in force or existing at a particular time; or

                     (b)  as in force or existing from time to time.

             (5)  Subsection (4) has effect despite anything in subsection 14(2) of the Legislative Instruments Act 2003.

             (6)  If the Basin Plan makes provision in relation to a matter by applying, adopting or incorporating a matter as permitted by subsection (4), the Authority must ensure that:

                     (a)  the text of the matter applied, adopted or incorporated is made publicly available on the Authority’s website; and

                     (b)  if the text of the matter is applied, adopted or incorporated as in force or existing from time to time—any subsequent amendments of that text are made publicly available on that website.

10  At the end of section 55

Add:

             (4)  A water resource plan that the Minister adopts under section 69 may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:

                     (a)  as in force or existing at a particular time; or

                     (b)  as in force or existing from time to time.

             (5)  Subsection (4) has effect despite anything in subsection 14(2) of the Legislative Instruments Act 2003.

             (6)  If a water resource plan makes provision in relation to a matter by applying, adopting or incorporating a matter as permitted by subsection (4), the Authority must ensure that:

                     (a)  the text of the matter applied, adopted or incorporated is made publicly available on the Authority’s website; and

                     (b)  if the text of the matter is applied, adopted or incorporated as in force or existing from time to time—any subsequent amendments of that text are made publicly available on that website.

11  At the end of subsection 63(1)

Add:

Note:          The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section 63A).

12  After section 63

Insert:

63A  Googong Dam Area to be treated as if located in the Australian Capital Territory

                   For the purposes of this Act, the surface water of the Googong Dam Area (within the meaning of the Canberra Water Supply (Googong Dam) Act 1974) is to be treated as if it were located in the Australian Capital Territory (and not in New South Wales).

13  At the end of subsection 65(2)

Add:

Note:          The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section 63A).

14  At the end of subsection 68(2)

Add:

Note:          The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section 63A).

15  At the end of subsection 71(1)

Add:

Note:          The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section 63A).

16  At the end of subsection 72(1)

Add:

Note:          The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section 63A).

17  At the end of subsection 75(2)

Add:

Note:          The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section 63A).


 

Schedule 3Canberra Water Supply (Googong Dam) Act 1974

  

1  Section 4

Omit “Subject to this section”, substitute:

             (1)  The Executive, on behalf of the Commonwealth, has the functions of managing, protecting and using the water resources of the Googong Dam Area in a way that is consistent with the objects of the Water Resources Act 2007 of the Australian Capital Territory.

             (2)  Without limiting the generality of subsection (1)


 

Schedule 4Water Amendment Act 2008

  

1  Item 4 of Schedule 3

After “is taken,”, insert “for a period of 4 years”.


 

Schedule 5Trade Practices Act 1974

  

1  Subsection 25(1)

After “the Water Act 2007”, insert “(or any rules made under that Act)”.