Commonwealth of Australia Bills

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

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

AUSTRALIAN CAPITAL TERRITORY AND OTHER LEGISLATION AMENDMENT (WATER MANAGEMENT) BILL 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
i Australian Capital Territory and Other Legislation Amendment (Water Management) Bill
2009 No. , 2009
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
Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009
No. , 2009 1
A Bill for an Act to amend the law relating to the
1
management of water resources in the Australian
2
Capital Territory, to amend the Water Act 2007,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Australian Capital Territory and
7
Other Legislation Amendment (Water Management) Act 2009.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Australian Capital Territory and Other Legislation Amendment (Water Management)
Bill 2009 No. , 2009
1
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
Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009
No. , 2009 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
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
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Schedule 1 Australian Capital Territory (Planning and Land Management) Act 1988
4 Australian Capital Territory and Other Legislation Amendment (Water Management)
Bill 2009 No. , 2009
Schedule 1--Australian Capital Territory
1
(Planning and Land Management) Act
2
1988
3
4
1 Section 4
5
Insert:
6
take, in relation to water, has the same meaning as in the Water
7
Resources Act 2007 of the Australian Capital Territory, as in force
8
at the time this definition commences.
9
Note:
This definition is inserted by the Australian Capital Territory and
10
Other Legislation Amendment (Water Management) Act 2009.
11
2 Section 6
12
Before "The functions", insert "(1)".
13
3 Paragraph 6(g)
14
Before "with the Minister's approval", insert "subject to subsection (2)
15
and".
16
4 At the end of section 6
17
Add:
18
(2) The functions of the Authority under paragraph (1)(g) do not
19
extend to the management or regulation, or both, of the taking of
20
water on National Land.
21
Note 1:
Regulations may be made under section 27 of the Australian Capital
22
Territory (Self-Government) Act 1988 with the effect that the Water
23
Resources Act 2007 of the Australian Capital Territory binds the
24
Crown in right of the Commonwealth in respect of National Land.
25
Note 2:
The Authority retains the function of approving works in Designated
26
Areas under section 12.
27
5 At the end of subsection 29(1)
28
Add:
29
; and (c) has responsibility for the management or regulation, or both,
30
of the taking of water on National Land.
31
Note:
The heading to section 29 is altered by adding at the end "and National Land".
32
Australian Capital Territory (Planning and Land Management) Act 1988 Schedule 1
Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009
No. , 2009 5
6 Paragraph 30(2)(a)
1
Repeal the paragraph, substitute:
2
(a) a liability arises:
3
(i) in respect of land at a time when it is Territory Land; or
4
(ii) in respect of the management or regulation, or both, of
5
the taking of water on National Land; and
6
Note:
The heading to section 30 is altered by omitting "of Territory Land".
7
8
Schedule 2 Water Act 2007
6 Australian Capital Territory and Other Legislation Amendment (Water Management)
Bill 2009 No. , 2009
Schedule 2--Water Act 2007
1
2
1 Subsection 18B(9) (definition of amendment)
3
Repeal the definition.
4
2 Subsection 18B(9) (definition of express amendment)
5
After "direct amendment", insert "(whether by the insertion, omission,
6
repeal, substitution or relocation of words or matter)".
7
Note:
Section 18B of the Water Act 2007 was inserted by Schedule 1 to the Water Amendment
8
Act 2008. That Schedule commenced on 15 December 2008. The amendments to
9
subsection 18B(9) made by item 1 and this item are taken to have commenced
10
immediately after the commencement of that Schedule (see section 2 (commencement)
11
of this Act).
12
3 Transitional--referring States
13
New South Wales, Queensland, South Australia and Victoria are taken,
14
for the purposes of the Water Act 2007:
15
(a) to have been referring States at and after the commencement
16
of items 1 and 2 of this Schedule until immediately before the
17
commencement of this item; and
18
(b) to continue to be referring States at and after the
19
commencement of this item, subject to section 18B (meaning
20
of referring State) of that Act.
21
Note:
Items 1 and 2 are taken to have commenced on 15 December 2008 (see the note to
22
item 2). Item 3 commences on the day this Act receives the Royal Assent.
23
4 At the end of subsection 21(1)
24
Add:
25
Note:
The Basin Plan may apply, adopt or incorporate an instrument or other
26
writing as in force or existing at a particular time, or from time to time
27
(see subsection 33(4)).
28
5 Subparagraph 21(4)(c)(ii)
29
After "economic uses", insert "(including by the Commonwealth)".
30
6 Subsection 22(1) (note)
31
After "Note", insert "1".
32
7 At the end of subsection 22(1) (after the note)
33
Water Act 2007 Schedule 2
Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009
No. , 2009 7
Add:
1
Note 2:
The Basin Plan may apply, adopt or incorporate an instrument or other
2
writing as in force or existing at a particular time, or from time to time
3
(see subsection 33(4)).
4
8 Subsection 22(1) (table item 2, column headed "Specific
5
requirements")
6
Before "The Authority must consult a State", insert "The surface water
7
of the Googong Dam Area (within the meaning of the Canberra Water
8
Supply (Googong Dam) Act 1974) must be included in a water resource
9
plan area for which the Australian Capital Territory (and not New South
10
Wales) prepares a water resource plan (see section 63A).".
11
9 At the end of section 33
12
Add:
13
(4) The Basin Plan may make provision in relation to a matter by
14
applying, adopting or incorporating, with or without modification,
15
any matter contained in an instrument or other writing:
16
(a) as in force or existing at a particular time; or
17
(b) as in force or existing from time to time.
18
(5) Subsection (4) has effect despite anything in subsection 14(2) of
19
the Legislative Instruments Act 2003.
20
(6) If the Basin Plan makes provision in relation to a matter by
21
applying, adopting or incorporating a matter as permitted by
22
subsection (4), the Authority must ensure that:
23
(a) the text of the matter applied, adopted or incorporated is
24
made publicly available on the Authority's website; and
25
(b) if the text of the matter is applied, adopted or incorporated as
26
in force or existing from time to time--any subsequent
27
amendments of that text are made publicly available on that
28
website.
29
10 At the end of section 55
30
Add:
31
(4) A water resource plan that the Minister adopts under section 69
32
may make provision in relation to a matter by applying, adopting
33
or incorporating, with or without modification, any matter
34
contained in an instrument or other writing:
35
Schedule 2 Water Act 2007
8 Australian Capital Territory and Other Legislation Amendment (Water Management)
Bill 2009 No. , 2009
(a) as in force or existing at a particular time; or
1
(b) as in force or existing from time to time.
2
(5) Subsection (4) has effect despite anything in subsection 14(2) of
3
the Legislative Instruments Act 2003.
4
(6) If a water resource plan makes provision in relation to a matter by
5
applying, adopting or incorporating a matter as permitted by
6
subsection (4), the Authority must ensure that:
7
(a) the text of the matter applied, adopted or incorporated is
8
made publicly available on the Authority's website; and
9
(b) if the text of the matter is applied, adopted or incorporated as
10
in force or existing from time to time--any subsequent
11
amendments of that text are made publicly available on that
12
website.
13
11 At the end of subsection 63(1)
14
Add:
15
Note:
The surface water of the Googong Dam Area is to be treated as if it
16
were located in the Australian Capital Territory (see section 63A).
17
12 After section 63
18
Insert:
19
63A Googong Dam Area to be treated as if located in the Australian
20
Capital Territory
21
For the purposes of this Act, the surface water of the Googong
22
Dam Area (within the meaning of the Canberra Water Supply
23
(Googong Dam) Act 1974) is to be treated as if it were located in
24
the Australian Capital Territory (and not in New South Wales).
25
13 At the end of subsection 65(2)
26
Add:
27
Note:
The surface water of the Googong Dam Area is to be treated as if it
28
were located in the Australian Capital Territory (see section 63A).
29
14 At the end of subsection 68(2)
30
Add:
31
Note:
The surface water of the Googong Dam Area is to be treated as if it
32
were located in the Australian Capital Territory (see section 63A).
33
Water Act 2007 Schedule 2
Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009
No. , 2009 9
15 At the end of subsection 71(1)
1
Add:
2
Note:
The surface water of the Googong Dam Area is to be treated as if it
3
were located in the Australian Capital Territory (see section 63A).
4
16 At the end of subsection 72(1)
5
Add:
6
Note:
The surface water of the Googong Dam Area is to be treated as if it
7
were located in the Australian Capital Territory (see section 63A).
8
17 At the end of subsection 75(2)
9
Add:
10
Note:
The surface water of the Googong Dam Area is to be treated as if it
11
were located in the Australian Capital Territory (see section 63A).
12
13
Schedule 3 Canberra Water Supply (Googong Dam) Act 1974
10 Australian Capital Territory and Other Legislation Amendment (Water Management)
Bill 2009 No. , 2009
Schedule 3--Canberra Water Supply
1
(Googong Dam) Act 1974
2
3
1 Section 4
4
Omit "Subject to this section", substitute:
5
(1) The Executive, on behalf of the Commonwealth, has the functions
6
of managing, protecting and using the water resources of the
7
Googong Dam Area in a way that is consistent with the objects of
8
the Water Resources Act 2007 of the Australian Capital Territory.
9
(2) Without limiting the generality of subsection (1)
10
11
Water Amendment Act 2008 Schedule 4
Australian Capital Territory and Other Legislation Amendment (Water Management) Bill 2009
No. , 2009 11
Schedule 4--Water Amendment Act 2008
1
2
1 Item 4 of Schedule 3
3
After "is taken,", insert "for a period of 4 years".
4
5
Schedule 5 Trade Practices Act 1974
12 Australian Capital Territory and Other Legislation Amendment (Water Management)
Bill 2009 No. , 2009
Schedule 5--Trade Practices Act 1974
1
2
1 Subsection 25(1)
3
After "the Water Act 2007", insert "(or any rules made under that Act)".
4

 

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