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Water Amendment (Victorian
Environmental Water Holder) Bill 2010
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill.
The main purpose of the Bill is to amend the Water Act 1989
(the Water Act) to--
· establish the Victorian Environmental Water Holder
(the Water Holder) as a body corporate responsible for
managing Victoria's environmental water holdings;
· provide for the role of waterway managers (Authorities
that have waterway management districts) in
environmental water management;
· otherwise improve the management of environmental
water in the State;
· make further provision as to rights and entitlements to
water under the Act; and
· otherwise provide for matters under that Act.
Clause 2 provides for commencement of the Bill. The provisions of the
Bill come into operation on 1 January 2012 unless earlier
proclaimed.
Clause 3 inserts new definitions relating to the establishment of the Water
Holder into section 3(1) of the Water Act. These definitions
include the definition of Victorian Environmental Water
Holdings (Water Holdings) which sets out the rights and
entitlements the Water Holder is to manage.
561454 1 BILL LA INTRODUCTION 26/5/2010
Victorian Environmental Water Holdings means--
· any environmental entitlements allocated to the Water
Holder;
· any interests in water shares held by the Water Holder;
· any licences to take and use water under section 51 held
by the Water Holder;
· any other rights under the Water Act held by the Water
Holder;
· any agreements between the Water Holder and any
other person to supply water to the Water Holder; and
· any bulk entitlement that is taken to be granted to the
Water Holder by the operation of Schedule 4 to the Bill.
New subsection (4) provides that in the case of land specified in a
water-use registration, occupier includes any person within the
definition of occupier set out in section 64APAA.
This will allow the holder of a water-use registration by virtue of
being a person within a prescribed class of persons (with a right
of access to the land or responsibility to provide a service to the
land pursuant to amendments in clause 24 of the Bill) to receive
assignments of allocation under bulk entitlements, environmental
entitlements and water shares and seek association of a water
share with the land specified in their water-use registration.
Clause 4 inserts new Part 3AA into the Water Act. This Part is to be
administered by the Minister administering Part 4 of the
Catchment and Land Protection Act 1994 (the environment
Minister).
New Part 3AA provides for--
· the establishment of the Water Holder;
· the Water Holder's, objectives, functions and powers;
· governance, accountability, and planning requirements
to apply to the Water Holder.
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PART 3AA--VICTORIAN ENVIRONMENTAL
WATER HOLDER
Division 1--Establishment of the Water Holder
New section 33DA sets out certain definitions to apply to
Part 3AA, relating to matters provided for in that Part.
New section 33DB establishes the Victorian Environmental
Water Holder as a body corporate with perpetual succession, an
official seal, that may sue or be sued in its corporate name, that
may acquire, hold and dispose of real and personal property and
may do and suffer all acts and things that a body corporate by law
do and suffer.
Division 2--Objectives, Functions and Powers of the
Water Holder
New section 33DC provides that the objectives of the Water
Holder are to manage the Water Holdings for the purposes of
maintaining the environmental water reserve in accordance with
the environmental water reserve objective and improving the
environmental values and health of water ecosystems, including
their biodiversity, ecological functioning and water quality, and
other uses that depend on environmental condition.
While "other uses that depend on environmental condition"
allows water in the Water Holdings to be used or applied for
recreational, social or cultural purposes, the Water Holder will
only use or apply water for such purposes where that other use is
not inconsistent with the overarching objective of improving the
environmental values and health of water ecosystems.
New section 33DD sets out the functions of the Water Holder
which are to be undertaken in accordance with the Water Holder
objectives. These functions are--
· to apply and use water in the Water Holdings and
otherwise exercise rights in the Water Holdings in
accordance with the Water Act;
· to acquire and purchase rights and entitlements in the
Water Holdings and dispose of and otherwise deal in
rights and entitlements in the Water Holdings;
· to plan for the purposes of the above functions;
· to enter into agreements for the purposes of the above
functions;
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· to enter into agreements for the purposes of the
co-ordination of the exercise of rights under any water
right or entitlement held by another person, including
the Commonwealth Environmental Water Holder; and
· enter into any agreements with any person for the
provision of works by that person to enable the efficient
application or use of water in the Water Holdings.
New section 33DE provides that the Water Holder has the power
to do all things necessary or convenient to be done for the
performance of its functions, powers and duties.
Division 3--Governance of the Water Holder
New section 33DF provides that the Water Holder consists of one
full-time or part-time Commissioner who is the Chairperson of
the Water Holder and at least two full-time or part-time
Commissioners, one of whom will be the Deputy Chairperson of
the Water Holder and any further full-time or part-time
Commissioners as appointed. Commissioners are to be appointed
by the Governor in Council on the recommendation of the
environment Minister.
The environment Minister may only recommend a person for
appointment if that person has knowledge of and experience in
one or more of the following fields of environmental
management, sustainable water management, economics or
public administration.
The environment Minister must not recommend a person for
appointment unless he or she considers the appointment
necessary to enable the Water Holder to perform its functions.
New section 33DG provides that a Commissioner is appointed
for the period, not exceeding five years, that is specified in the
instrument of appointment and is subject to the terms and
conditions specified in his or her instrument of appointment.
A Commissioner is eligible for reappointment.
New section 33DH provides that the Governor in Council, on the
recommendation of the environment Minister, may remove a
Commissioner from office if the Commissioner has--
· refused, neglected or failed to carry out the duties of his
or her office;
· demonstrated inefficiency or misbehaviour in carrying
out the duties of his or her office;
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· become an insolvent under administration;
· not complied with any relevant rules made under
Division 6 of Part 3AA of the Water Act; or
· been found guilty of an indictable offence.
If a Commissioner is removed from office, the environment
Minister must table the reasons for the removal before each
House of Parliament, within 5 sitting days of that House, after
that removal.
New section 33DI provides that the Governor in Council, on the
recommendation of the environment Minister, may appoint a
person to act as a Commissioner during a vacancy in the office of
the Commissioner or for a period during which a Commissioner
is unable to perform the functions of his or her office.
New section 33DJ provides for the declaration of pecuniary
interests by a Commissioner.
New section 33DK provides for the payment of Commissioners.
New section 33DL sets out the procedures for the meetings of the
Water Holder. The quorum for a meeting of the Commissioner is
a majority of the Commissioners appointed for the time being.
A question at a meeting is determined by a majority of votes of
the Commissioner present and voting on the question.
New section 33DM allows the Water Holder to employ any staff
necessary to perform its functions, powers or duties under Part 3
of the Public Administration Act 2004 and enter into
agreements or arrangements for the use of staff employed under
Part 3 of the Public Administration Act 2004 or by an Authority
or other public entity.
This will allow the Water Holder to employ its own staff or
engage the services of staff from other entities such as a water
corporation or waterway manager by secondment or other
arrangement.
New section 33DN provides for the engagement of consultants
by the Water Holder.
New section 33DO provides for the establishment in the Trust
Fund of an account known as the Water Holder Trust Account.
Paid into this account will be money donated to the Water
Holder, money paid to the Water Holder by another person
pursuant to an agreement with that person, and any other money
received by the Water Holder in the performance of its functions,
powers and duties.
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All monies received as a result of trading of rights or entitlements
in the Water Holdings by the Water Holder will be held in the
Water Holder Trust Account.
Money may only be paid out of the Water Holder Trust Account
for the purpose of meeting the objectives of the Water Holder.
Any donated monies paid out of the Water Holder Trust Account
must only be used for a purpose consistent with the purpose for
which the money was donated.
New section 33DP allows the Water Holder to delegate any of its
functions, powers or duties, except the power of delegation or a
prescribed function, power or duty, to--
· a member of staff of the Water Holder;
· an individual Commissioner of the Water Holder;
· a waterway manager; or
· any other person or class of persons where approved by
the environment Minister.
The ability to prescribe functions, powers or duties that may not
be delegated provides for the making of regulations is to ensure
that the Water Holder retains certain functions, powers or duties
considered appropriate only for the Water Holder to exercise.
New section 33DQ provides that the Public Administration Act
2004 applies to the Water Holder.
New section 33DR provides that the Financial Management
Act 1994 applies to the Water Holder.
Division 4--Accountability of the Water Holder
New section 33DS provides that the environment Minister may
give a written Ministerial direction to the Water Holder in
relation to the performance of its functions, powers and duties.
Unless the direction is to ensure consistency of the Water
Holder's performance of its functions, powers and duties with a
corporate plan or ministerial rules, this power may not be
exercised to issue a direction relating to--
· a particular application or use of water in the Water
Holdings or other exercise of rights in the Water
Holdings; or
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· a particular acquisition or purchase of a right or
entitlement for the Water Holdings or a particular
disposal of or other dealing in a right or entitlement in
the Water Holdings.
New section 33DT requires the Water Holder to include
information as to the performance of its functions, powers and
duties in that year in its annual report.
New section 33DU requires the Water Holder to keep and
maintain records to accurately account for the performance of its
functions relating to the application or use of water in the Water
Holdings and dealings with rights or entitlements in the Water
Holdings.
Division 5--Planning by the Water Holder
New section 33DV requires the Water Holder to prepare a
corporate plan prior to the start of each financial year.
The corporate plan will plan for that financial year and the three
subsequent financial years.
New section 33DW allows the variation of the corporate plan
during its operation by the Water Holder or upon the direction of
the environment Minister.
New section 33DX into the Act provides for the Water Holder to
make a seasonal watering plan for each water season. A seasonal
watering plan will include forecasts of climatic conditions for the
water season and the Water Holder's priorities for the
performance of its functions during the water season.
A seasonal watering plan must take into consideration any
relevant seasonal watering proposals prepared by a waterway
manager.
New section 33DY provides for the Water Holder to issue
seasonal watering statements to waterway managers. A seasonal
watering statement will include information as to the details of
the application or use of water in the Water Holdings to be
undertaken, details of the rights or entitlements in the Water
Holdings under which the use or application of water in the
Water Holdings is to be undertaken, and specify the waterway
manager to be authorised to undertake the use or application of
water.
New section 33DZ allows the Water Holder to request
information from a waterway manager relating to the application
or use of water in the Water Holdings within the waterway
management district of the waterway manager.
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This will allow the Water Holder to obtain information as to the
effects of the application or use of water in the area in which it
was applied or used.
Division 6--Ministerial Rules
New section 33DZA empowers the environment Minister to
make rules that apply to the Water Holder and waterway
managers. Rules which may be made include rules relating to--
· reporting requirements;
· recording requirements;
· requirements as to the content and making of corporate
plans, seasonal watering plans and seasonal watering
statements;
· matters the Water Holder must have regard to in
preparing corporate plans, seasonal watering plans and
seasonal watering statements;
· requirements as to consultation to be undertaken by the
Water Holder with communities and stakeholders;
· requirements as to information that the Water Holder or
waterway managers must make publicly available;
· dealings with rights or entitlements in the Water
Holdings;
· requirements as to how the Water Holder is to make
decisions as to the priority of addressing seasonal
watering proposals prepared by waterway managers.
The environment Minister cannot make rules for a matter for
which the environment Minister cannot issue directions.
Clause 5 amends section 33T(1) of the Water Act relating to limited term
transfers to enable the Water Holder to be the recipient of a
limited term transfer.
Section 33T currently provides for the owner of a water share to
transfer the whole of the right to future water allocations under
the share for a limited, identified and consecutive period to the
owner or occupier of land specified in a water-use licence or
water-use registration of land in another State or territory.
Under the amended provision, the owner of a water share can
give a limited term transfer to the Water Holder whether or not
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the Water Holder is an owner or occupier of land specified in a
water-use licence or water-use registration.
Clause 6 amends sections 33U(1)(e) and 33U(1A)(e) of the Water Act to
substitute the references to "environment Minister on behalf of
the Crown" with references to the "Water Holder".
Section 33U provides for assignments of water allocation by the
holder of a water share. This amendment will enable the Water
Holder to be assigned water allocation to form part of the Water
Holdings.
Clause 7 amends section 33V(1)(e) of the Water Act, by substituting
references to "environment Minister on behalf of the Crown"
with references to the "Water Holder".
Section 33V provides for the further assignment of water
allocation by person to whom the whole or part of a water share
has been assigned. This amendment will enable the Water
Holder to receive a further assignment of water allocation to form
part of the Water Holdings.
Clause 8 amends the definition of Authority in section 34 of the Water Act
to include the Water Holder as an Authority that may be allocated
a bulk entitlement under the Water Act.
Clause 9 repeals section 38(1)(c) the Water Act, which relates to the
advertising of applications for the transfer of bulk entitlements.
Clause 10 amends section 43(i) of the Water Act, by omitting the reference
to "or the Governor in Council (as the case requires)".
This reference is no longer required, as the matters to be
specified in an order granting an entitlement can be done so by
the Minister.
Clause 11 substitutes sections 46, 46A and 46B of the Act. It also provides
for new sections 46C, 46D, 46E, 46F and 46G. The substituted
and new provisions modernise and streamline the law relating to
permanent and temporary transfers of bulk entitlements.
New section 46 provides for the assignment of water allocation
by an Authority to certain persons. Assignment of allocation
replaces the existing concept of temporary transfer of a bulk
entitlement. This is consistent with the approach for water shares
and environmental entitlements.
New section 46A allows a person to whom water allocation has
been assigned to further assign the allocation to another person.
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New section 46B creates an offence for a generation company
(within the meaning of the Electricity Industry Act 2000), as
an Authority that may hold a bulk entitlement, to assign water
allocation under section 46, without the approval of the Minister.
Section 46B also creates an offence for any person to whom
water allocation has been assigned to further assign the allocation
under section 46A without the approval of the Minister.
New section 46C allows the Minister to approve an assignment
or further assignment of a water allocation. In deciding whether
or not to approve the assignment the Minister must have regard
to any adverse impact the assignment is likely to have on other
persons that take water from the same water system, any adverse
impacts on the maintenance of the environmental water reserves,
and whether the assignment is in accordance with any relevant
rules.
New section 46D provides for an Authority to transfer whole or
part of a bulk entitlement held by the Authority. This provision
is the equivalent of a permanent transfer under existing
provisions. Under this amendment, permanent transfer is to be
dealt with separately from temporary transfer (assignment of
allocation).
New section 46E allows the Minister to approve a transfer of a
bulk entitlement. The Minister must not approve a transfer if of
the opinion that the transfer is likely to have an adverse effect on
the environmental water reserve or the entitlement or part to be
transferred is not surplus to the needs of the Authority. In the
case of a transfer sought by the Water Holder, the Minister must
not approve the transfer unless the approval of the environment
Minister has been obtained.
New section 46F sets out how an Authority may undertake the
sale of a bulk entitlement for the purposes of transferring a bulk
entitlement.
New section 46G provides for the effect of the transfer of whole
or part of a bulk entitlement. Section 46G provides for the
Minister to determine by notice published in the Government
Gazette, the right or entitlement under the Water Act that the
transferred entitlement is to become. The transfer also has the
effect of varying the transferor's bulk entitlement to remove the
part transferred.
Clause 12 substitutes section 47C of the Water Act and inserts new
sections 47CA and 47CB. The substituted and new provisions
modernise and streamline existing provisions relating to
conversion of water shares and licences under section 51 to a
bulk entitlement.
10
New section 47C details the procedure for the conversion of
licences under section 51 and water shares to bulk entitlements.
New section 47C retains the existing right of authorities to
acquire water shares and section 51 licences, but clarifies that an
Authority can apply to convert water shares and section 51
licences to a bulk entitlement. The Authority must apply to the
Minister for the conversion of these entitlements, upon the
request of the Minister.
New section 47CA provides that the Minister may convert a
water share or licence under section 51 that is held by an
Authority to a bulk entitlement, upon application from an
Authority.
New section 47CB provides for the effect of the conversion of
a section 51 licence or water share to a bulk entitlement.
An existing bulk entitlement may be amended or a new bulk
entitlement issued by the Minister according to the amount of
water that may be taken and used (in the case of a licence under
section 51) or the maximum volume of water (in the case of a
water share).
Clause 13 amends section 48B(1) and 48C(1)(b) of the Water Act to
substitute the references to "environment Minister on behalf of
the Crown" with "Water Holder", as upon the establishment of
the Water Holder, the Water Holder will hold all environmental
entitlements instead of the environment Minister as is currently
the case.
Clause 14 amends section 48D(1)(b) of the Water Act to substitute the
reference to "environment Minister" with a reference to the
"Water Holder". This provision relates to the advertising of a
request to allocate an environmental entitlement.
Clause 15 amends section 48K(1) and 48K(2) of the Water Act to substitute
references to "environment Minister" with references to the
"Water Holder". These provisions relate to the amendment of an
environmental entitlement.
Clause 16 amends section 48KA of the Water Act to substitute the
references to "environment Minister" with the "Water Holder".
This provision relates to the circumstances in which water
allocation under an environmental entitlement can be applied for
other environmental entitlements.
Clause 17 amends section 48L of the Water Act. Clause 17(1) substitutes
the reference to "environment Minister" with a reference to
"Water Holder". Further amendments are made to section 48L to
ensure that the provisions relating to assignment of allocation
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under an environmental entitlement that are consistent with those
provide for assignment of allocation under a bulk entitlement.
Clause 18 amends section 48M dealing with further assignment of
allocation under an environmental entitlement to ensure this
provision is consistent with the approach for further assignment
of allocation under an environmental entitlement.
This amendment will allow further assignment of allocation
under an environmental entitlement to be given to any person
to whom the initial assignment could be given.
Clause 19 amends section 48O(1)(a) to substitute "Water Holder" for
"environment Minister". This amendment will allow the Water
Holder to apply to assign allocation under an environmental
entitlement as the Water Holder will hold that entitlement instead
of the environment Minister.
Clause 20 inserts new sections 48OA, 48OB, 48OC, 48OD, 48OE into the
Water Act. These new sections enable the Water Holder to
transfer an environmental entitlement, or part thereof.
This power has been inserted to allow the Water Holder to trade
in the permanent water market, as well as the temporary water
market. This will enable the Water Holder to benefit from
participation in the water market, where this is consistent with the
Water Holder's objectives.
These new sections also allow the Water Holder to apply to
convert licences under section 51 and water shares to
environmental entitlements. This enables the Water Holder
greater flexibility in how it holds rights and entitlements within
the Water Holdings.
New section 48OA enables the Water Holder to apply to transfer
the whole or part of an environmental entitlement.
New section 48OB allows the Minister to approve a transfer of an
environmental entitlement. The Minister must not approve the
transfer unless the approval of the environment Minister has been
obtained.
New section 48OC sets out how the Water Holder may undertake
the sale of an environmental entitlement for the purposes of
transferring an environmental entitlement.
New section 48OD provides for the effect of the transfer of
whole or part of an environmental entitlement. Section 48OD
provides for the Minister to determine by notice published in the
Government Gazette, the right or entitlement under the Water
Act that the transferred entitlement is to become. The transfer
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also has the effect of varying the Water Holder's environmental
entitlement to remove the part transferred.
New section 48OE provides for applications by the Water Holder
for the conversion of water shares or licences held under
section 51 to environmental entitlements. The Water Holder
must apply to the Minister for the conversion of these
entitlements, upon the request of the Minister.
New section 48OF provides that the Minister may convert a
water share or licence under section 51 that is held by the Water
Holder to an environmental entitlement, upon application from
the Water Holder.
New section 48OG provides for the effect of the conversion of a
section 51 licence or water share to an environmental entitlement.
An existing environmental entitlement may be amended or a new
environmental entitlement issued by the Minister according to the
amount of water that may be taken and used (in the case of a
licence under section 51) or the maximum volume of water
(in the case of a water share).
Clause 21 amends section 48PA of the Water Act to clarify the role of the
Minister in deciding applications for the transfer of
environmental entitlements, by making it clear that an application
for the assignment of a water allocation must be made to the
Minister and that the application must contain any information
that is required by the Minister to make a decision.
Clause 22 repeals sections 48G(b), 48PB and 48Q of the Water Act, which
provide for the preliminary approval of requests for an allocation
of an environmental entitlement (section 48G(b)), the power of
the environment Minister to delegate (section 48PB) and the
volume of assignment of water allocation to be recorded in the
Annual Report (section 48Q). These provisions are no longer
required as the Water Holder will have a separate power of
delegation and separate reporting requirements.
Clause 23 substitutes section 64K of the Water Act to clarify the
requirements to be fulfilled to avoid the application of the
offence where water is to be used on land specified in a water-use
licence or water-use registration. The penalty for an offence
under both sections 64K(1) and 64K(1A) is 60 penalty units.
The provisions now have separate requirements applying to water
authorised to be taken under Part 3A of the Water Act and water
authorised to be taken under an assignment of allocation from a
bulk entitlement or environmental entitlement.
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Section 64K is also amended to ensure that these requirements
apply to the use of water under an assignment of allocation under
the new provisions included in this Act. The Water Holder is
excluded from the requirement to gain ministerial approval prior
to using water authorised to be taken under an assignment of
allocation under sections 46, 46A, 48L or 48M. The Water
Holder will still be required to obtain a water use registration to
use water on land.
Clause 24 inserts new section 64APAA in the Water Act. The new section
64APAA defines occupier of land for the purposes of Part 4B,
Division 9 of the Water Act, as a prescribed person or prescribed
class of person who has a right of access to the land or
responsibility for the provision of a service to the land.
This amendment will enable the prescribing of persons who are
not owners of land but who may have a link with the land relating
to the use of water on the land as persons who are to be able to
obtain a water use registration to use water on that land.
This will facilitate the Water Holder obtaining a water use
registration as the Water Holder will not own land but will have
permission to use water on land such as Crown land and land
managed by organisations such as Parks Victoria.
This amendment will also facilitate the prescribing of persons
such as syndicates consisting of farmers from a number of
properties who manage shared infrastructure to convey water to
their individual properties. This amendment will allow such
syndicates to obtain water use registrations for the syndicate's use
of water as a result of water losses during transportation to
individual properties.
Clause 25 amends section 64AP of the Water Act so that the Minister can
consider applications for water use registration made by
occupiers of land as defined in new section 64APAA as well as
owners of land. Currently, section 64AP only provides for the
Minister to consider applications from owners.
Clause 26 amends section 64AR of the Water Act to enable occupiers as
defined in new section 64APAA, as well as owners, to apply to
the Minister for a water use registrations. Currently, the Minister
can consider applications for water-use registrations made by
occupiers, as well as owners, as is currently provided for in
section 64AP.
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Clause 27 substitutes section 64AS of the Water Act. Section 64AS(1)
currently provides that if there is a change of ownership of the
whole of the land specified in a water-use registration, the person
to whom the ownership is transferred is deemed to be the holder
of the registration. Section 64AS(2) provides that where the
change of ownership only applies to part of the land specified in
the water-use registration, the registration is considered to be
cancelled on the day on which the transfer of the ownership
occurred.
The new section 64AS ensures that this provision applies only to
the situation where the holder of the water use registration is the
owner of the land, and not where the holder of the water use
registration is an occupier as defined in new section 64APAA.
Clause 28 amends section 189(1) of the Water Act, by inserting a new
subsection 189(1A), to provide additional functions for waterway
managers to plan for the application or use of water in the Water
Holdings within its waterway management district and undertake
the application or use of water in the Water Holdings within its
waterway management district in accordance with a seasonal
watering statement.
Clause 29 inserts new sections 190 to 192A into the Water Act.
New section 190 provides that waterway managers must, for the
purposes of performing their functions, prepare a regional
waterway strategy for approval by the environment Minister and
the Minister administering the Water Act.
New section 191 provides for the environment Minister and the
Minister administering the Water Act to approve (or refuse to
approve) a regional waterway strategy.
New section 192 provides for the variation of a regional
waterway strategy after it has been approved by the environment
Minister or the Minister administering the Water Act.
New section 192A provides for the preparation of seasonal
watering proposals by waterway managers. The new subsection
192A(2) further provides that a proposal must be consistent with
the waterway manager's regional waterway strategy.
Clause 30 inserts new section 197A in the Water Act to empower the
environment Minister to make rules that apply to waterway
managers relating to the preparation of regional waterway
strategies and seasonal watering proposals.
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Clause 31 inserts Schedule 4 into the Water Act, to provide for transitional
arrangements to apply during the implementation of the
establishment of the office of the Water Holder to ensure that
existing environmental rights and entitlements held by the
environment Minister are transferred to the Water Holder to form
the Water Holdings upon the commencement of the Water
Holder. Transferred rights and entitlements will be those as
determined by the Minister.
SCHEDULE 4
TRANSITIONAL ARRANGEMENTS--WATER
AMENDMENT (VICTORIAN ENVIRONMENTAL
WATER HOLDER) BILL 2010
Clause 1 provides for definitions that apply to new Schedule 4.
Clause 2 provides that, upon the commencement of the
environmental water holder, a transferred
environmental bulk entitlement will be considered to
be a bulk entitlement to water granted to the Water
Holder.
Clause 3 provides that, upon the commencement of the
environmental water holder, a transferred
environmental entitlement will be considered to be
an environmental entitlement granted to the Water
Holder.
Clause 4 provides that, upon the commencement of the
environmental water holder, a transferred take and
use licence will be considered to be a licence issued
to the Water Holder.
Clause 5 provides that, upon the commencement of the
environmental water holder, a transferred water
share will be considered to be a water share granted
to the Water Holder.
Clause 6 provides that the Minister may make any
amendments to bulk entitlements or environmental
entitlements required as a result of the
commencement of the environmental water holder.
Any such amendments must be published in a notice
in the Government Gazette before the
commencement of the Water Holder.
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Clause 7 provides that the Minister, by determining in writing,
may specify the environmental entitlements, bulk
entitlements, section 51 licences or water shares held
by the environment Minister to be transferred to the
Water Holder.
Clause 32 provides for the automatic repeal of this amending Act on
1 January 2013. The repeal of this Act does not affect the
continuing operation of the amendments made by this Act
(see section 15(1) of the Interpretation of Legislation Act
1984).
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