Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 137
Water
Amendment Bill 2010
Mr
Hampton
A Bill for an Act to amend the Water Act
NORTHERN TERRITORY OF AUSTRALIA
WATER AMENDMENT ACT 2010
____________________
Act No. [ ] of 2010
____________________
Table of provisions
111 Validation
for actions before Water Amendment Act 2010
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2010
____________________
An Act to amend the Water Act
[Assented to [ ] 2010]
[Second reading [ ] 2010]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Water Amendment Act 2010.
This Act amends the Water Act.
(1) Section 4(1)
omit
, unless the contrary intention appears
(2) Section 4(1)
insert (in alphabetical order)
waste discharge licence, see section 74(1).
(1) Section 74(1)
omit
all words after "licence"
insert
(a waste discharge licence) to carry out an action that would otherwise be an offence against this Act whether by virtue of section 73 or because the action is not and cannot be (but for this section) authorised by or under this Act.
(2) Section 74(3)
omit
shall
insert
is to
After section 110
insert
111 Validation for actions before Water Amendment Act 2010
(1) This section applies to a document (a purported licence) granted before the commencement of this section that purports to be a licence granted under section 74(1) to the extent the document is not a licence validly granted to carry out an action which would otherwise be an offence against this Act by virtue of section 73.
(2) Each of the following is declared for this Act and any other Act in relation to a purported licence:
(a) the grant of the purported licence is, and is taken to have always been, a valid exercise of power by the Controller under section 74(1);
(b) if the period specified in the purported licence:
(i) has not ended – the purported licence is a valid waste discharge licence and is subject to the conditions purportedly applying to it immediately before the commencement; or
(ii) has ended – the purported licence was a valid licence under section 74 and was subject to the conditions that applied to it from time to time.
(3) In this section:
granted includes amended and modified.
The Schedule has effect.
Schedule Water Act further amended
section 6
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 72
|
Part, water
|
Part:
water
|
|
section 72, definition water,
paragraph (a), at the end
|
|
or
|
|
section 73(2)
|
shall
|
is to
|
|
section 75
|
all words from "by notice" to "section
74(1)"
|
by written notice given to an applicant for a waste
discharge licence
|
|
section 76(1)
|
all words from "licence" to "shall"
|
waste discharge licence must
|
|
|
or fail to comply with,
(all references) |
|
|
section 77(1)
|
all words from "licence granted" to
"shall"
|
waste discharge licence may be subject to a
condition that the licensee must
|
|
section 77(2)
|
shall
|
must
|
|
section 77(3)(a), at the end
|
|
or
|
[Index] [Search] [Download] [Related Items] [Help]