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Water Amendment (Critical Water
Infrastructure Projects) Bill 2006
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purposes of the Bill.
The purposes of the Bill are:
(a) to amend the Water Act 1989 to facilitate critical
water infrastructure projects; and
(b) to make a related amendment to the Land Acquisition and
Compensation Act 1986.
Clause 2 provides that the Bill comes into operation on the day after the
day on which it receives Royal Assent.
Clause 3 inserts new Part 7B into the Water Act 1989, which relates to
critical water infrastructure projects.
New section 161L defines terms used in Part 7B.
New section 161M provides for the making of a project order, by
which a project for the construction and operation of works is
declared to be a critical water infrastructure project. The Premier
may make a project order on the recommendation of the Minister,
after the Minister has consulted with the Treasurer and the
Minister administering the Planning and Environment Act
1987 ("the Planning Minister").
New section 161N requires a project order to set out a general
description of the project. The project order must also specify
the project area and each Authority that is to be a facilitating
Authority for the project.
New section 161O provides for the amendment or revocation of a
project order. An amending or revoking order is made in the
same way as a project order is made.
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New section 161P requires the Premier to cause a copy of each
order made under section 161M or section 161O to be presented
to each House of Parliament within 14 sitting days after the order
is made. A copy of the order must be accompanied by a
statement of the reasons for making the order. That statement
must be signed by the Premier.
New section 161Q makes the Planning Minister the responsible
authority under the Planning and Environment Act 1987 for
any planning scheme in relation to a project area.
New section 161R ensures that a facilitating Authority has the
function to carry out the construction of works for a critical water
infrastructure project, and to operate those works.
New section 161S enables facilitating Authorities to enter into
agreements or arrangement if more than one facilitating
Authority has been specified in a project order.
New section 161T provides that nothing in Part 7B limits the
exercise by a facilitating Authority of any other function under
the Water Act 1989 for the purposes of a critical water
infrastructure project. It also confers power on a facilitating
Authority to exercise any function outside its district for the
purposes of a critical water infrastructure project without
approval of the Minister.
New section 161U provides that a facilitating Authority owns any
works relating to a critical water infrastructure project that are
constructed by that Authority, unless an agreement or
arrangement entered into under section 161S provides for the
works to be owned by another facilitating Authority.
New section 161V modifies the Land Acquisition and
Compensation Act 1986 in three ways.
First, it provides that where a facilitating Authority exercises
the power to acquire land under section 130 of the Water Act
1989 for the purposes of a critical water infrastructure project,
section 3(3) of the Land Acquisition and Compensation Act
1986 does not apply to the extent that Part 7B of the Water Act
1989 is inconsistent with the Land Acquisition and
Compensation Act 1986.
Secondly, it modifies the information that must be contained in a
notice of intention to acquire land.
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Thirdly, it provides that the regulations under the Land
Acquisition and Compensation Act 1986 and the forms
prescribed under those regulations apply in relation to Part 7B of
the Water Act 1989 with any modifications that are necessary to
give effect to Part 7B.
Clause 4 amends section 305C(2) of the Water Act 1989 by authorising
the incorporation of documents by reference in a project order or
an amending order.
Clause 5 amends section 5 of the Land Acquisition and Compensation
Act 1986 by disapplying the operation of subsection (1) in
relation to any land in a project area.
Clause 6 provides for the automatic repeal of this amending Act on the
anniversary of its commencement. As recommended by the
Scrutiny of Acts and Regulations Committee, all amending Acts
now contain an automatic repeal provision, which will save the
time and expense of having to repeal amending Acts in statute
law revision Bills. The repeal of this Act does not affect in any
way the operation of the amendments made by this Act (see
section 15(1) of the Interpretation of Legislation Act 1984).
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