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COMMONWEALTHAct
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s 60

Constitutional operation of section 59 (general)

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 2Management of Basin water resources
Division 2Water resource plans for particular water resource plan areas
Subdivision CEffect of a water resource plan

60 Constitutional operation of section 59 (general)

(1)

Section 59 imposes an obligation to the extent to which imposing the obligation gives effect to a relevant international agreement.

(2)

Section 59 imposes an obligation to the extent to which the obligation is imposed:

(a)

on a constitutional corporation; or

(b)

in relation to conduct that affects the activities of a constitutional corporation.

(3)

Section 59 imposes an obligation to the extent to which the obligation is imposed in relation to conduct that takes place in the course of trade or commerce:

(a)

with other countries; or

(b)

among the States; or

(c)

between a State and a Territory.

Note:

This subsection is of particular relevance to the provisions of the water resource plan that deal with the trading or transfer of tradeable water rights.

(4)

Section 59 imposes an obligation to the extent to which the obligation is imposed in relation to conduct that takes place in a Territory.

(6)

Subsections (1), (2), (3) and (4):

(a)

have effect independently of each other; and

(b)

do not limit section 61; and

(c)

do not limit the operation (if any) that section 59 validly has apart from this section.

(7)

In this section:

conduct includes an act or omission.

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Section 60 — Constitutional operation of section 59 (general) — Water Act 2007 (Commonwealth) — Barrister AI