Commonwealth Consolidated Regulations

WATER REGULATIONS 2008 - REG 2.03

Authority may make minor or non - substantive amendments

  (1)   For the purposes of paragraph   49(1)(a) of the Act, the Authority may make the kind of minor, or non - substantive, amendment of the Basin Plan to which subregulations (2) and (4) apply.

Note:   An amendment under this regulation is a legislative instrument: see subsection   33(3) of the Act.

  (2)   This subregulation   applies to an amendment that:

  (a)   goes only to a matter of spelling, punctuation, grammar or syntax, or the use of conjunctives and disjunctives; or

  (b)   updates a reference to:

  (i)   any law, or a provision of any law; or

  (ii)   a person, body or other entity, or an office, position, place, document or thing; or

  (c)   replaces a reference to a provision of any law with a different form of reference to the provision; or

  (d)   numbers or renumbers a provision of the Basin Plan; or

  (e)   changes the order of definitions or other provisions of the Basin Plan; or

  (f)   changes the way of referring to or expressing a number, year, date, time, amount of money or other amount, quantity or measurement; or

Example:   A reference in a form to "this [blank] day of [blank] 20 ... " may be changed to "[Date]".

  (g)   changes language that indicates gender or that could be taken to indicate gender; or

  (h)   omits a provision of the Basin Plan that has expired, the operation of which is exhausted or spent, or that is otherwise obsolete or redundant; or

  (i)   omits a reference to any law (or a provision of any law) that has expired, the operation of which is exhausted or spent, or that is otherwise obsolete or redundant; or

  (j)   corrects any of the following errors:

  (i)   errors in numbering, cross - referencing and alphabetical ordering;

  (ii)   errors in references to any law, or provisions of any law;

  (iii)   errors arising out of an amendment of any law;

  (iv)   any other errors of a nature similar to those mentioned in subparagraphs   (i) to (iii); or

  (k)   affects the format, layout or printing style of the Basin Plan, or any other presentational aspect of the Basin Plan; or

  (l)   is consequential on any other change made to the Basin Plan under this regulation.

  (3)   A reference in subregulation   (2) to any law includes a reference to a law of the Commonwealth, a State or a Territory.

  (4)   This subregulation   applies to an amendment that does not alter:

  (a)   rights or obligations provided for by the Basin Plan; or

  (b)   the substance of the Basin Plan.

Process of making minor or non - substantive amendments

  (5)   For the purposes of paragraph   49(1)(b) of the Act, the process of making an amendment under subregulation   (1) is as follows:

  (a)   the Murray - Darling Basin Ministerial Council certifies in writing that the amendment does not alter any of the things listed in subregulation   (4);

  (b)   the Authority makes the amendment.