Commonwealth Numbered Regulations

WATER AMENDMENT (INTERACTIONS WITH STATE LAWS AND WATER INFORMATION) REGULATION 2013 (SLI NO 245 OF 2013) - SCHEDULE 1

Water Regulations 2008

1  After Part 11

Insert:

Part 11A -- Interactions with State laws

11A.01   What this Part is about

                   For section 250E of the Act, this Part modifies the operation of the Commonwealth water legislation to deal with that legislation's interaction with the laws of referring States.

11A.02   State plans that prevail over Basin Plan

             (1)  The operation of section 241 of the Act is modified so that:

                     (a)  a plan specified in Part 1 of Schedule 5 (the State Plan ) as in force on the accreditation day specified for the State Plan; and

                     (b)  any instrument made under or for the purposes of the State plan;

is a transitional water resource plan for the water resource plan area specified for the State Plan.

             (2)  However, subregulation (1) operates only to the extent to which:

                     (a)  the State plan or instrument relates to:

                              (i)  the water resources of the water resource plan area; and

                             (ii)  the matters referred to in subsection 22(1) of the Act, other than water trading rules; and

                     (b)  there is an inconsistency between a provision of the State plan or instrument and a provision of the Basin Plan.

Note:          For the definition of water trading rules , see subsection 4(1) of the Act.

             (3)  The operation of section 243 of the Act is modified so that the State plan is taken to have been accredited by the Minister under section 63 of the Act on the accreditation day specified in Part 1 of Schedule 5 for the plan.

             (4)  To avoid doubt, all other provisions in the Act in relation to transitional water resource plans operate without modification and a reference to a transitional water resource plan is taken to be a reference to the State Plan.

             (5)  This regulation applies in relation to a State plan for the period starting on the start day and ending on the end day specified in Part 1 of Schedule 5 for the plan.

11A.03   Water resource plans for water resource plan areas delayed

             (1)  This regulation applies to a water resource plan area, of a referring State, that is specified in Part 2 of Schedule 5 (the State area ).

             (2)  Section 54 of the Act does not apply in relation to the State area until after the end day specified in Part 2 of Schedule 5 for the State area.

2  At the end of the Regulations

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