Transitional matters for Statute Law Revision Act (No. 2) 1993, Water Amendment Act 2003 and Mineral Titles (Consequential Amendments) Act 2010
109 Transitional matters for Statute Law Revision Act (No. 2) 1993, Water Amendment Act 2003 and Mineral Titles (Consequential Amendments) Act 2010
Except as provided in this section, a licence issued under the
Control of Waters Act 1938 and in force immediately before the commencement of the relevant Part of this Act shall, on and from that commencement and during the currency of that licence, have effect in all respects as if it were a licence for a like purpose granted pursuant to that Part, and this Act, with the necessary changes, applies and has effect accordingly.
A person who immediately before the commencement of Part 7 was subject to the requirements of a notice given pursuant to section 16M of the Control of Waters Act 1938 shall, on and from that commencement and during any period specified in the notice or, if no such period is specified, during a period of 12 months from that commencement, be deemed to be the holder of a licence granted pursuant to that Part subject to the terms and conditions specified in the notice, and this Act, with the necessary changes, applies and has effect accordingly.
Notwithstanding subsections (1) and (2), the Controller may at any time, of his or her own motion, cancel and replace a licence or notice issued, or permission granted, under the Control of Waters Act with a licence issued under this Act.
A person whose rights are continued by subsection (1) or (2) may at any time apply for a licence for a like purpose under this Act and on and from the grant of any such licence the rights so continued shall cease to exist.
Where immediately before the commencement of Part 8 a person had, in pursuance of the Water Supplies Development Act 1960 as then in force or under the conditions to which an advance or advice under that Act was subject, the right to drill a bore within any period extending beyond 30 June 1992, that right shall be deemed to extend only to 30 June 1992 and any documentation evincing the conditions shall be construed accordingly.
A certificate of registration granted under section 16H of the
Control of Waters Act 1938 and in force immediately before the commencement of Part 6 shall, on and from that commencement and, notwithstanding the period of the certificate, until
31 December 1994, have effect as if it were a drilling licence granted under section 49 of this Act and this Act, with the necessary changes, applies and has effect accordingly.
For the purposes of section 48, a certificate of registration granted under section 16H of the Control of Waters Act 1938 to a body corporate by whom a person is employed and in force immediately before the commencement of Part 6 shall, on and from that commencement and for the period of the certificate or for 12 months after that commencement, whichever is the greater, or until that person sooner ceases to be employed by that body corporate, be deemed to be the drilling licence of that person and, subject to subsection (9), this Act, with the necessary changes, applies and has effect accordingly.
This Act applies to both the person and the body corporate referred to in subsection (8) and any act or omission by the person shall, for the purposes of this Act, be deemed to be the act or omission of the body corporate and vice versa.
A person who, immediately before the prescription of any works pursuant to section 40, was the owner or occupier of land affected by such prescription on which prescribed works are situated and in relation to which permission has been granted under section 12 of the
Control of Waters Act 1938 as in force at the time the permission was granted shall, on and from the date of such prescription, be deemed to have constructed such works in pursuance of a permit granted under section 41 and this Act, with the necessary changes, applies and has effect accordingly.
A reference in any law of the Territory to the Control of
Waters Act 1938 or in any licence, permit, advice, authorisation or other document relating to powers, functions, authorities, discretions or duties conferred by or arising under that law shall, from the commencement of this Act, be deemed to be a reference to this Act and this Act, with the necessary changes, applies and has effect accordingly.
A reference in a licence, permit, consent, declaration, agreement or other instrument granted, issued or made under this Act, as in force immediately before the commencement of the Water
Amendment Act 2003, to the beneficial use of manufacturing industry or riparian is taken to be a reference to the beneficial use of industry or rural stock and domestic respectively specified in section 4(3)(f) or (g).
This Act’s bill:Second reading speech
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