Commonwealth water legislation does not apply to matters declared by law of referring State to be excluded matters
250C Commonwealth water legislation does not apply to matters declared by law of referring State to be excluded matters
Subsection (2) applies if a provision of a law of a referring State declares a matter to be an excluded matter for the purposes of this section in relation to:
the whole of the Commonwealth water legislation; or
a specified provision of the Commonwealth water legislation; or
the Commonwealth water legislation other than a specified provision; or
the Commonwealth water legislation otherwise than to a specified extent.
By force of this subsection:
none of the provisions of the Commonwealth water legislation (other than this section) applies in or in relation to the State with respect to the matter if the declaration is one to which paragraph (1)(a) applies; and
the specified provision of the Commonwealth water legislation does not apply in or in relation to the State with respect to the matter if the declaration is one to which paragraph (1)(b) applies; and
the provisions of the Commonwealth water legislation (other than this section and the specified provisions) do not apply in or in relation to the State with respect to the matter if the declaration is one to which paragraph (1)(c) applies; and
the provisions of the Commonwealth water legislation (other than this section and otherwise than to the specified extent) do not apply in or in relation to the State with respect to the matter if the declaration is one to which paragraph (1)(d) applies.
Subsection (2) does not apply to the declaration to the extent to which the regulations provide that that subsection does not apply to that declaration.
In this section:
matter includes act, omission, body, person or thing.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.