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Water (Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The Water (Amendment) Bill (the Bill) amends the Water Act 1989 (the
Water Act)--
· to enable Catchment Management Authorities (CMAs) to be
appointed as Authorities under the Water Act; and
· to allow the Minister to exempt an Authority from having to notify
every person who may be affected by a proposal to set up a new
waterway management district; and
· to correct an oversight in the Order which established the Lower
Murray Region Water Authority.
Clause Notes
Clause 1 sets out the main purposes of the Bill.
Clause 2 provides for commencement of the Bill to occur on the day after
the day on which it receives the Royal Assent.
Clause 3 amends section 3 of the Water Act to--
· amend the definition of "Authority" to include CMAs
which are appointed under proposed new section
98(1)(ab); and
· include a definition of "Catchment Management
Authority".
Clause 4 amends section 96 of the Water Act to allow the Minister to
exempt an Authority which submits a proposal to set up a new
waterway management district from having to notify every
person who the Authority reasonably believes may be affected by
the proposal. The Authority would still need to comply with the
541155 BILL LA CIRCULATION 2/3/2001
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other notification requirements of section 96 which require
that--
· notice of the proposal be given to all councils that are
affected; and
· the proposal be made freely available for inspection at the
offices of the Authority; and
· notice of the proposal be published weekly for three
weeks in a local newspaper and be published in the
Government Gazette.
Notice of the proposal must invite submissions from interested
persons and the Authority must consider any submissions before
making a decision to proceed with the proposal.
Clause 5 amends section 98(1) of the Water Act to allow the Minister to
appoint, by an Order published in the Government Gazette, a
CMA to take over the property, rights, liabilities, obligations,
powers, functions and staff of one or more Authorities.
Clause 6 makes a consequential amendment to section 99 of the Water Act
to ensure that the Minister cannot use section 99 of the Water Act
to constitute or restructure a CMA. It is not appropriate for the
Minister to use the Water Act to constitute or restructure a CMA
because CMAs are established under the Catchment and Land
Protection Act 1994.
Clause 7 makes consequential amendments to section 100 of the Water
Act to ensure that the Minister consults with the Minister
administering the Catchment and Land Protection Act 1994
before making an Order which provides for the transfer of an
Authority's property, rights, liabilities, obligations, powers,
functions and staff under section 98 of the Water Act if the Order
affects a CMA.
Clause 8 makes a consequential amendment to section 102 of the Water
Act to ensure that section 102 applies to officers who are
transferred from an Authority to a CMA by an Order made under
section 98 of the Water Act. Section 102 of the Water Act
provides that a transferred officer is to be employed on terms and
conditions no less favourable than the officer had before the
transfer and with the benefit of all rights accrued before being
transferred.
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Clause 9 makes a consequential amendment to section 105(1) of the Water
Act to ensure that the Minister's power to abolish an Authority
only applies to a CMA in respect of its functions as an Authority
under the Water Act.
Clause 9 also makes a statute law revision in relation to section
105(4) of the Water Act by removing reference to Schedules
which have either been repealed or substituted such that they are
no longer relevant to section 105(4).
Clause 10 makes consequential amendments to section 112 of the Water
Act to ensure that the Minister's power to appoint an
administrator only applies to a CMA in respect of its functions as
an Authority under the Water Act.
Clause 11 inserts a new Division 6A into Part 6 of the Water Act.
The Lower Murray Region Water Authority was constituted by
an Order made on 29 January 1995 to take over the functions of
the Sunraysia Water Board, the Robinvale Water Board and the
Shire of Gannawarra in respect of specified water districts. The
Order omitted to name several districts which were managed by
the Sunraysia Water Board. The omitted districts had previously
been transferred to the Sunraysia Water Board by an Order made
on 29 November 1994. The Authority has been operating since
1995 as if these districts were transferred to it.
The proposed new Division 6A provides for the retrospective
transfer to the Lower Murray Region Water Authority those
districts omitted from the earlier Order and validates the
Authority's actions in relation to those districts.
Clause 12 makes consequential amendments to section 322 of the Water
Act to ensure that any guidelines which the Minister makes in
relation to terms and conditions of employment only relate to
employees of a CMA who are employed solely, mainly or partly
to perform duties in relation to the CMA's functions under the
Water Act. Clause 12 also requires the Minister to consult with
people who appear to represent the interests of CMAs and the
interests of people employed by CMAs and the Minister
administering the Catchment and Land Protection Act 1994
before undertaking certain actions.
Clause 13 makes a consequential amendment to section 323(2) of the Water
Act to ensure that section 323, which saves the rights of public
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servants who are employed by an Authority, applies to an
employee of a CMA who is employed solely, mainly or partly to
perform duties in relation to the CMAs functions under the Water
Act.
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