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This Act is the Water Resources Legislation Amendment Act 2007 1.
This Part and Part 11 come into operation on the day on which this Act receives the Royal Assent 1.
Parts 2 to 10 come into operation on a day fixed by proclamation 1.
Different days may be fixed under subsection (2) for different provisions.
The Governor, on the recommendation of the Minister, may make regulations amending a statutory rule.
The Minister may make a recommendation under subsection (1) only if he or she considers that each amendment proposed to be made by the regulations is consequential on the enactment of this Act.
Nothing in this section prevents a statutory rule from being amended in accordance with the Act under which it is made.
In this section —
statutory rule means a regulation, rule or by‑law.
[Parts 2-10 omitted under the Reprints Act 1984 s. 7(4)(e).]
In this Part —
assets means property of any kind whether tangible or intangible, real or personal and, without limiting that meaning, includes —
any chose in action; and
goodwill; and
any right, interest or claim of any kind,
whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;
CEO means the chief executive officer of the Department;
Commission means the Water and Rivers Commission established by the Water and Rivers Commission Act 1995 section 4 and in existence before the repeal of that Act;
Department means the department of the Public Service principally assisting in the administration of the Water Agencies (Powers) Act 1984;
former body means the Commission or a former Management Authority;
former Management Authority means a Management Authority constituted under the Waterways Conservation Act 1976 sections 10 and 14 as in force before the transfer time;
liability means any liability, duty or obligation —
whether actual, contingent or prospective, liquidated or unliquidated; or
whether owed alone or jointly or jointly and severally with any other person;
management area has the meaning given by the Waterways Conservation Act 1976 section 3(1);
Minister means the Minister administering the Water Agencies (Powers) Act 1984;
Ministerial Body means the Water Resources Ministerial Body established by the Water Agencies (Powers) Act 1984 section 11;
Minister for the Environment means the Minister to whom the administration of the Environmental Protection Act 1986 is committed;
relevant successor means —
the Minister in relation to a former body and a function of the former body that, after the transfer time, became a function of the Minister; and
the CEO in relation to a former body and a function of the former body that, after the transfer time, became a function of the CEO; and
the State in relation to assets and liabilities transferred to the State by section 205; and
the Ministerial Body in relation to assets and liabilities transferred to the Ministerial Body by section 205;
repealed Act means the Water and Rivers Commission Act 1995 2;
right means any right, power, privilege or immunity whether actual, contingent or prospective;
transfer order means an order under section 204;
transfer time means the time at which section 4 comes into operation.
This Part does not limit the operation of the Interpretation Act 1984.
As soon as is practicable after this section comes into operation the Minister is to make and publish in the Gazette a transfer order that —
specifies which assets and liabilities of the Commission are to be assigned to the Ministerial Body by operation of section 205; and
specifies proceedings in which the Ministerial Body is to be substituted for the Commission as a party by operation of section 205; and
specifies any agreement or instrument that, by operation of section 205, is to have effect as if references to the State or the Ministerial Body were substituted, in accordance with the order, for references in it to the Commission; and
specifies land the care, control and management of which is to be placed with the Minister for the Environment by operation of section 206.
A transfer order may also deal with incidental or supplementary matters and has effect accordingly.
The transfer order may specify things by reference to schedules which —
need not be published in the Gazette; but
must be available for public inspection,
and anything specified in a Schedule is to be taken to be specified in the order.
A thing may be specified in a transfer order by describing the class to which it belongs.
Before a transfer order is made specifying anything by reference to a Schedule, a copy of which will be required to be delivered to a relevant official under section 210, the Minister is to consult with the, or each, relevant official as to the form and content of the Schedule.
To the extent to which a Schedule to a transfer order relates to the functions of the Registrar of Titles, the Schedule is to be in a form that meets the requirements of the Registrar.
A thing done by, under or for the purposes of this Part is not invalid merely because subsection (5) or (6) was not complied with.
A transfer order can only be made before the transfer time.
The fact that a previous transfer order has been made does not prevent a further transfer order from being made.
A transfer order, or a Schedule to which it refers, may be amended by the Minister, by further order published in the Gazette, but no such amendment may be made after the transfer time.
If a transfer order is made, then —
at the transfer time —
the assets of the Commission specified in the transfer order are, by operation of this section, assigned to the Ministerial Body; and
the rest of the assets of the Commission are, by operation of this section, assigned to the State;
and
at the transfer time —
the liabilities of the Commission specified in the transfer order are, by operation of this section, assigned to and become the liabilities of the Ministerial Body; and
the rest of the liabilities of the Commission are, by operation of this section, assigned to and become the liabilities of the State;
and
at the transfer time, the Ministerial Body is substituted for the Commission as a party to any proceedings specified in the transfer order and the State is substituted for the Commission as a party to all other proceedings in which the Commission was a party immediately before the transfer time; and
any agreement or instrument specified in the order has effect, by operation of this section, as if references to the State or the Ministerial Body were, at the transfer time, substituted, in accordance with the order, for references in it to the Commission; and
any proceedings or remedy that might have been commenced by, or available against or to, the Commission in relation to the assets and liabilities assigned by paragraphs (a) and (b) may be commenced by, or are available against or to —
the Ministerial Body, in the case of assets and liabilities assigned by paragraphs (a)(i) and (b)(i); and
the State, in the case of assets and liabilities assigned by paragraphs (a)(ii) and (b)(ii);
and
anything done or omitted to be done in relation to the assets and liabilities assigned by paragraphs (a) and (b) before the assignment, by, to or in respect of the Commission (to the extent that that thing has any effect) is to be taken to have been done or omitted by, to or in respect of —
the Ministerial Body, in the case of assets and liabilities assigned by paragraphs (a)(i) and (b)(i); and
the State, in the case of assets and liabilities assigned by paragraphs (a)(ii) and (b)(ii).
In this section —
Minister for the Environment means the Minister administering the Environmental Protection Act 1986.
Land that, immediately before the transfer time, is under the care, control and management of the Commission under the Land Administration Act 1997 is to be regarded as if it had, at that time, been placed under the care, control and management of the Minister, under section 46 of that Act.
Land that, immediately before the transfer time, is under the care, control and management of the Commission under an enactment (other than the Land Administration Act 1997) is to be regarded as if it had, at that time, been placed under the care, control and management of the Minister, under that enactment as in force after the transfer time.
Subsections (2) and (3) do not apply to land specified in a transfer order under section 204(1)(d).
Land to which subsection (2) or (3) would apply but for subsection (4), is to be regarded as if it had, immediately before the transfer time, been placed under the care, control and management of the Minister for the Environment under the relevant enactment as in force after the transfer time.
Any conditions to which the care, control or management was subject immediately before the transfer time apply to the Minister or the Minister for the Environment (which ever is relevant) after the transfer time.
The balance, immediately before the transfer time, of the Water and Rivers Commission Account referred to in section 26 of the repealed Act is, at the transfer time, to be credited to an account established under the Financial Management Act 2006 section 16 for the Department.
If an asset or liability of the Commission cannot be properly assigned to the State or the Ministerial Body by the operation of this Division (whether because the matter is governed otherwise than by the law of the State or for any other reason) —
the Commission is to be taken to continue to hold that asset or be liable for that liability until it is effectively assigned to the State or the Ministerial Body in accordance with this Division; and
the Commission is to take all practicable steps for the purpose of ensuring that the asset or liability is effectively assigned to the State or the Ministerial Body in accordance with this Division.
The fact that subsection (1)(a) applies to an asset or liability that is assigned to the State or the Ministerial Body under this Division does not affect the duty of the accountable authority of the Department under the Financial Management Act 2006.
Despite the repeal of the repealed Act, the Commission continues in existence for the purpose of performing the functions described in subsection (1).
The Commission is to perform the functions referred to in subsection (3) through a person appointed by the Minister.
The person holds office at the pleasure of the Minister and on such terms and conditions as the Minister determines.
The Commission as continued by this section has the powers that are necessary or convenient for the purposes of this section.
In this section —
the body corporate means the body corporate constituted under the Water Supply, Sewerage, and Drainage Act 1912 2.
At the transfer time, the Ministerial Body becomes the successor of the body corporate.
Despite subsection (2), land that, immediately before the transfer time, is under the care, control and management (however described) of the body corporate —
under the Water Supply, Sewerage, and Drainage Act 1912 — is to be regarded as if it had, at that time, been placed under the care, control and management of the Minister, under the Land Administration Act 1997 section 46; and
under an enactment (other than the Water Supply, Sewerage, and Drainage Act 1912) — is to be regarded as if it had, at that time, been placed under the care, control and management of the Minister, under that enactment as in force after the transfer time.
In this section —
relevant official means —
the Registrar of Titles; or
the Minister administering the Mining Act 1978; or
any other person authorised by a written law to record and give effect to the registration of documents relating to property transactions,
according to which of them, if any, has responsibility for a register relating to the relevant property;
relevant property means property of a kind affected by this Part, whether it is an estate or interest in land or any other property.
The relevant officials are to take notice of this Part and any transfer order, including a Schedule to which the order refers, and are to record and register in the appropriate manner the documents necessary to show the effect of this Part and the transfer order.
The Minister is to cause a copy of each transfer order and any Schedule to which it refers to be delivered to each relevant official.