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This is a Bill, not an Act. For current law, see the Acts databases.


WATER RESOURCES LEGISLATION AMENDMENT BILL 2006

                   Western Australia


Water Resources Legislation Amendment
             Bill 2006

                      CONTENTS


      Part 1 -- Preliminary
1.    Short title                                               2
2.    Commencement                                              2
3.    Regulations -- power to amend certain statutory
      rules                                                     2
      Part 2 -- Amendments to the Country
           Areas Water Supply Act 1947
4.    The Act amended                                           3
5.    Section 5 amended                                         3
6.    Section 7 repealed                                        3
7.    Section 11 amended                                        4
8.    Section 12BA amended                                      4
9.    Section 12BD amended                                      4
10.   Section 12BE amended                                      4
11.   Section 12E amended                                       5
12.   Section 12EB amended                                      5
13.   Section 12ED amended                                      5
14.   Section 12EE amended                                      6
15.   Section 45 amended                                        6
16.   Section 111 amended                                       6
17.   Section 112 amended                                       7
18.   Section 113 amended                                       7
19.   Section 114 amended                                       7
20.   Section 115 amended                                       7
21.   Section 116 replaced                                      8
      116.     Corporation may be represented by officer   8
22.   Section 121 amended                                       8


                         138--3                                 page i
Water Resources Legislation Amendment Bill 2006



Contents



      23.    Various references to "Commission" changed to
             "Minister"                                                 9
             Part 3 -- Amendments to the
                  Metropolitan Water Authority
                  Act 1982
      24.    The Act amended                                           10
      25.    Section 4 amended                                         10
      26.    Section 5 amended                                         10
      27.    Section 19 amended                                        10
      28.    Section 98 amended                                        11
      29.    Section 99 amended                                        11
      30.    Section 106 amended                                       11
      31.    Section 107 amended                                       12
             Part 4 -- Amendments to the
                  Metropolitan Water Supply,
                  Sewerage, and Drainage Act 1909
      32.    The Act amended                                           13
      33.    Section 5 amended                                         13
      34.    Section 14 amended                                        13
      35.    Section 16 amended                                        14
      36.    Section 35 repealed                                       14
      37.    Section 57C amended                                       14
      38.    Section 57EA amended                                      14
      39.    Section 57G amended                                       15
      40.    Section 57H amended                                       15
      41.    Section 57I amended                                       15
      42.    Section 146 amended                                       15
      43.    Section 153 amended                                       15
      44.    Section 156 amended                                       16
      45.    Section 157 amended                                       16
      46.    Section 158 amended                                       16
      47.    Section 159 amended                                       17
      48.    Section 160 repealed                                      17
      49.    Section 161 replaced                                      17
             161.     Corporation may be represented by officer   17
      50.    Various references to "Commission" changed to
             "Minister"                                                18


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                                                           Contents



      Part 5 -- Amendments to the Rights
           in Water and Irrigation Act 1914
51.   The Act amended                                        19
52.   Section 2 amended                                      19
53.   Section 5 amended                                      19
54.   Section 5A amended                                     20
55.   Section 6 amended                                      20
56.   Section 16 amended                                     20
57.   Section 26B amended                                    20
58.   Section 26GE amended                                   21
59.   Section 26GH amended                                   21
60.   Section 26GL amended                                   21
61.   Section 26GS amended                                   21
62.   Section 26GU amended                                   22
63.   Sections 26GX and 26GY amended                         22
64.   Heading to Part III Division 3D Subdivision 2
      amended                                                22
65.   Section 26GZC amended                                  22
66.   Section 26GZE replaced                                 23
      26GZE.   Minister to make plan                  23
67.   Section 26GZG amended                                  23
68.   Section 26GZI amended                                  24
69.   Section 26GZK amended                                  24
70.   Section 26GZO amended                                  24
71.   Section 26GZQ amended                                  25
72.   Section 26H amended                                    25
73.   Section 26J amended                                    25
74.   Section 26N amended                                    26
75.   Section 26Q amended                                    26
76.   Section 27 amended                                     27
77.   Section 27C amended                                    27
78.   Section 35 amended                                     27
79.   Section 36 amended                                     27
80.   Section 39 replaced                                    28
      39.      Allocation of water for irrigation     28
81.   Section 69 amended                                     28
82.   Section 70 amended                                     28
83.   Section 71 amended                                     29
84.   Section 73 amended                                     29



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      85.    Section 75 replaced                                         29
             75.       Corporation may be represented by officer    29
      86.    Section 79A amended                                         29
      87.    Schedule 1 clause 3 amended                                 29
      88.    Schedule 1 clause 6 amended                                 30
      89.    Schedule 1 clause 12 amended                                30
      90.    Schedule 1 clause 15 amended                                30
      91.    Schedule 1 clause 22 amended                                31
      92.    Schedule 1 clause 26 amended                                31
      93.    Schedule 1 clause 29A inserted                              32
             29A.      Transfers of licence -- death of licence
                       holder                                       32
      94.    Schedule 1 clause 30 amended                                33
      95.    Schedule 1 clause 35 amended                                33
      96.    Heading to Schedule 1 Division 8 amended                    33
      97.    Schedule 1 clause 38 amended                                34
      98.    Heading to Schedule 1 Division 10 amended                   34
      99.    Schedule 1 clause 40 amended                                34
      100.   Schedule 1 clause 45 amended                                34
      101.   Various references to "Commission" changed to
             "Minister"                                                  34
      102.   Various references to "Commission" changed to
             "CEO"                                                       36
             Part 6 -- Amendments to the Water
                  Agencies (Powers) Act 1984
      103.   The Act amended                                             37
      104.   Long title amended                                          37
      105.   Section 3 amended                                           37
      106.   Section 8 amended                                           39
      107.   Parts II, IIA and heading to Part IIB inserted              39
             Part II -- The Minister and the Water Resources
                     Ministerial Body
             Division 1 -- General functions and powers of
                    the Minister
             9.        General functions and powers of the
                       Minister                                     39
             10.       Functions and powers of the Minister --
                       relationship to other functions and powers
                       and to the Corporation                       40
             Division 2 -- The Water Resources Ministerial Body
             11.       The Water Resources Ministerial Body         41

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       12.        Purpose and nature of the Ministerial
                  Body                                         41
       13.       Execution of documents by the Ministerial
                  Body                                         41
       Division 3 -- Minister to have access to certain
              information
       14.        Minister to have access to certain
                  information                                  43
       15.        Use or disclosure of information obtained
                  under section 14                             45
       Part IIA -- The Water Resources Council
       16.       Water Resources Council established           46
       17.       Membership of the Council                     46
       18.       Functions of the Council                      47
       19.       Term of office                                48
       20.       Casual vacancy                                48
       21.       Remuneration and allowances                   48
       22.       Quorum                                        48
       23.       Presiding at meetings                         49
       24.       Disclosure of interests by Council
                 members                                       49
       25.       Procedure at meetings                         50
       26.       Minutes                                       50
       27.       Staff and other resources of the Council      50
       28.       Application of the Financial Administration
                 and Audit Act 1985                            50
       Part IIB -- Regulations and by-laws
108.   Section 34 amended                                             51
109.   Section 36 amended                                             51
110.   Section 38 amended                                             52
111.   Section 62 amended                                             52
112.   Section 63 amended                                             52
113.   Section 66 amended                                             53
114.   Section 70 amended                                             53
115.   Section 71 amended                                             54
116.   Section 72 amended                                             54
117.   Section 73 amended                                             55
118.   Section 78 amended                                             55
119.   Section 79 amended                                             56
120.   Section 81 amended                                             56
121.   Section 82 amended                                             59
122.   Section 83 amended                                             59
123.   Section 84 amended                                             59
124.   Section 86 amended                                             60

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Water Resources Legislation Amendment Bill 2006



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      125.   Section 87 amended                                          60
      126.   Section 88 amended                                          61
      127.   Section 89 amended                                          62
      128.   Section 90 amended                                          62
      129.   Section 91 amended                                          62
      130.   Section 93 amended                                          63
      131.   Section 95 amended                                          63
      132.   Section 97 amended                                          64
      133.   Section 103 amended                                         64
      134.   Part X inserted                                             64
             Part X -- Administrative provisions
             104.     Delegation by the Minister                    64
             105.     Delegation by the CEO                         66
             106.     Directions about Government policy            67
             107.     Non-public sector staff                       68
             108.     Provision of staff, services and facilities   68
             109.     Advisory committees                           69
             110.     Laying documents before Parliament            69
             111.     Protection from liability for wrongdoing      70
             112.     Confidentiality                               71
      135.   Various references to "Commission" changed to
             "Minister"                                                  72
             Part 7 -- Amendments to the Water
                  Corporation Act 1995
      136.   The Act amended                                             73
      137.   Section 7 amended                                           73
      138.   Section 49 amended                                          73
      139.   Section 58 amended                                          73
             Part 8 -- Amendments to the
                  Waterways Conservation Act 1976
      140.   The Act amended                                             75
      141.   Long title amended                                          75
      142.   Heading to Part 1 inserted                                  75
             Part 1 -- Preliminary
      143.   Section 3 amended                                           75
      144.   Section 5 amended                                           76
      145.   Section 8 amended                                           76
      146.   Heading to Part 2 inserted                                  76


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       Part 2 -- Application of the Act
147.   Section 9 amended                                         76
148.   Section 10 amended                                        77
149.   Heading to Part 3 inserted                                77
       Part 3 -- Functions of the Minister
150.   Sections 11 to 30 replaced by sections 11 and 12          78
       11.      Functions of the Minister                 78
       12.      Performance of the functions of the
                Minister                                  80
151.   Heading to Part 4 and section 30 inserted                 81
       Part 4 -- Agreements, management programmes
              and consultation
       30.       Covenants                                81
152.   Section 31 amended                                        81
153.   Section 32 amended                                        81
154.   Section 33 amended                                        82
155.   Section 34 repealed                                       83
156.   Section 35 amended                                        83
157.   Section 36 amended                                        85
158.   Section 37 amended                                        86
159.   Section 38 amended                                        86
160.   Sections 39 to 45 repealed                                87
161.   Heading to Part 5 inserted                                87
       Part 5 -- Protection of waters and land
162.   Section 46 amended                                        87
163.   Section 48 amended                                        87
164.   Section 49 amended                                        87
165.   Section 50 amended                                        88
166.   Section 51 amended                                        88
167.   Section 52 amended                                        88
168.   Section 53 amended                                        89
169.   Headings to Part 6 and Division 1 inserted                89
       Part 6 -- General provisions
       Division 1 -- By-laws
170.   Section 54 replaced                                       89
       54.      By-laws                                   89
171.   Section 56 amended                                        90
172.   Section 57 amended                                        90
173.   Sections 58 and 59 repealed                               91


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Water Resources Legislation Amendment Bill 2006



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      174.   Heading to Division 2 inserted                              91
             Division 2 -- Enforcement provisions
      175.   Section 61 amended                                          91
      176.   Section 62 amended                                          91
      177.   Section 63 amended                                          91
      178.   Section 64 amended                                          92
      179.   Sections 66 and 67 repealed                                 92
      180.   Heading to Division 3 inserted                              92
             Division 3 -- General offence and procedural
                    provisions
      181.   Section 69 amended                                          92
      182.   Section 71 amended                                          92
      183.   Section 75 amended                                          93
      184.   Heading to Division 4 and sections 76 to 81
             inserted                                                    94
             Division 4 -- Administrative provisions
             76.       Delegation by the Minister                 94
             77.       Delegation by the CEO                      95
             78.       Public consultation                        97
             79.       Information officially obtained to be
                       confidential                                98
             80.       Annual reports                              99
             81.       Protection from liability for wrongdoing   100
      185.   Section 76 renumbered                                      100
      186.   Section 76 (as renumbered) amended                         100
      187.   Schedule repealed                                          101
      188.   Various references to "Commission" changed to
             "Minister"                                                 101
             Part 9 -- Repeal of Acts
      189.   The Water and Rivers Commission Act 1995
             repealed                                                   102
      190.   The Water Supply, Sewerage, and Drainage
             Act 1912 repealed and savings provision                    102
             Part 10 -- Consequential
                  amendments to other Acts
      191.   Conservation and Land Management Act 1984
             amended                                                    103
      192.   Constitution Acts Amendment Act 1899 amended               104
      193.   Energy Operators (Powers) Act 1979 amended                 105


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194.   Environmental Protection Act 1986 amended            105
195.   Financial Management Act 2006 amended                106
196.   Land Administration Act 1997 amended                 106
197.   Public Sector Management Act 1994 amended            107
198.   Public Works Act 1902 amended                        107
199.   Sentencing Act 1995 amended                          108
200.   Soil and Land Conservation Act 1945 amended          108
201.   Water Boards Act 1904 amended                        108
       Part 11 -- Transitional provisions
       Division 1 -- Interpretation
202.   Terms used in this Part                              109
203.   Interpretation Act 1984 not limited                  111
       Division 2 -- Transfer of assets, liabilities,
             accounts, proceedings etc.
204.   Minister to make transfer orders                     111
205.   Transfer of assets and liabilities                   112
206.   Transfer of care, control and management of
       reserved land                                        114
207.   The Water and Rivers Commission Account              115
208.   Commission to complete necessary transactions        115
209.   The Water Supply, Sewerage, and Drainage
       Act 1912                                             116
210.   Registration of documents                            116
211.   Exemption from State taxes                           117
212.   Rectifying error in transfer order                   118
       Division 3 -- Staff etc.
213.   Transfer of staff                                    118
214.   Transfer of arrangements about use of other staff    119
215.   Employees' rights preserved                          119
216.   Transfer of contracts for services                   119
       Division 4 -- Committees of the Commission
217.   Transfer of members of committees of the
       Commission                                           120
       Division 5 -- Former Management Authorities
             under the Waterways Conservation
             Act 1976
218.   By-laws under the Waterways Conservation
       Act 1976                                             120


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     219.    Proceedings in relation to a former Management
             Authority                                        121
             Division 6 -- Continuing effect of things done
     220.    Continuing effect of licences, directions,
             determinations, notices etc.                     121
     221.    Completion of things commenced                   121
     222.    Continuing effect of things done generally       122
     223.    Agreements and instruments generally             122
             Division 7 -- General transitional provisions
     224.    Confidentiality obligations to continue          122
     225.    Further transitional provision may be made       123
     226.    Saving                                           124
             Defined Terms




page x
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


     Water Resources Legislation Amendment
                  Bill 2006


                               A Bill for


An Act to --
•  amend the Country Areas Water Supply Act 1947; and
•  amend the Metropolitan Water Authority Act 1982; and
•  amend the Metropolitan Water Supply, Sewerage, and Drainage
   Act 1909; and
•  amend the Rights in Water and Irrigation Act 1914; and
•  amend the Swan River Trust Act 1988; and
•  amend the Water Agencies (Powers) Act 1984; and
•  repeal the Water and Rivers Commission Act 1995; and
•  amend the Water Corporation Act 1995; and
•  repeal the Water Supply, Sewerage, and Drainage Act 1912; and
•  amend the Waterways Conservation Act 1976; and
•  make consequential amendments to other Acts,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Water Resources Legislation Amendment Bill 2006
     Part 1        Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act is the Water Resources Legislation Amendment
                Act 2006.

 5   2.         Commencement
          (1)   This Part and Part 11 come into operation on the day on which
                this Act receives the Royal Assent.
          (2)   Parts 2 to 10 come into operation on a day fixed by
                proclamation.
10        (3)   Different days may be fixed under subsection (2) for different
                provisions.

     3.         Regulations -- power to amend certain statutory rules
          (1)   The Governor, on the recommendation of the Minister, may
                make regulations amending a statutory rule.
15        (2)   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.
          (3)   Nothing in this section prevents a statutory rule from being
20              amended in accordance with the Act under which it is made.
          (4)   In this section --
                "statutory rule" means a regulation, rule or by-law.




     page 2
                             Water Resources Legislation Amendment Bill 2006
          Amendments to the Country Areas Water Supply Act 1947       Part 2

                                                                               s. 4



          Part 2 -- Amendments to the Country Areas Water
                        Supply Act 1947
     4.       The Act amended
              The amendments in this Part are to the Country Areas Water
 5            Supply Act 1947*.
              [* Reprint 7 as at 7 April 2006.]

     5.       Section 5 amended
              Section 5(1) is amended as follows:
                (a) by deleting the definitions of "Commission" and
10                   "officer";
               (b) by inserting in the appropriate alphabetical positions --
              "
                    "CEO" means the chief executive officer of the
                         Department;
15                  "Department" means the department of the Public
                         Service principally assisting in the administration
                         of this Act;
                    "former authority" means the former Authority, the
                         former Commission or a former Minister;
20                  "former Commission" means the Water and Rivers
                         Commission established by section 4 of the Water
                         and Rivers Commission Act 1995 and in existence
                         before the repeal of that Act;
                    "officer", in relation to the Corporation, means a
25                       member of the staff of the Corporation engaged
                         under section 15 of the Water Corporation
                         Act 1995;
                                                                                ".

     6.       Section 7 repealed
30            Section 7 is repealed.

                                                                         page 3
     Water Resources Legislation Amendment Bill 2006
     Part 2        Amendments to the Country Areas Water Supply Act 1947

     s. 7



     7.         Section 11 amended
                Section 11(2) is repealed and the following subsection is
                inserted instead --
            "
 5              (2)     The Corporation shall not exercise the powers
                        conferred by subsection (1) in relation to water to
                        which section 5C of the Rights in Water and Irrigation
                        Act 1914 applies, except under a licence or right
                        granted or conferred under Part III of that Act.
10                                                                               ".

     8.         Section 12BA amended
                Section 12BA(3) is amended by deleting "the former Authority"
                and inserting instead --
                "     a former authority   ".

15   9.         Section 12BD amended
                Section 12BD(1) is amended as follows:
                  (a) by deleting "any officer of the Commission" and
                       inserting instead --
                       " the Minister ";
20               (b) by deleting "Commission" in the second place where it
                       occurs and inserting instead --
                       " Minister ".

     10.        Section 12BE amended
                Section 12BE(4) is amended by deleting "Minister or of the
25              Commission" and inserting instead --
                "     Crown    ".




     page 4
                               Water Resources Legislation Amendment Bill 2006
            Amendments to the Country Areas Water Supply Act 1947       Part 2

                                                                              s. 11



     11.         Section 12E amended
                 Section 12E(7) is amended as follows:
                   (a) in paragraph (a) by deleting "the former Minister, the
                        former Authority" and inserting instead --
 5                      " a former authority ";
                  (b) in paragraph (b) by deleting "former Minister, the
                        former Authority" and inserting instead --
                        " former authority ".

     12.         Section 12EB amended
10         (1)   Section 12EB(2), (3)(b) and (4) are amended by deleting
                 "former Minister, the former Authority" and inserting instead --
                 "   former authority   ".
           (2)   Section 12EB(3) and (4) are amended by deleting "former
                 Minister or the former Authority" and inserting instead --
15               "   former authority   ".

     13.         Section 12ED amended
           (1)   Section 12ED(2) is amended by deleting "any officer of the
                 Commission or other person authorised by the Commission or".
           (2)   Section 12ED(4) is amended by deleting "authorise any officer
20               of the Commission or other person authorised by the
                 Commission or the Minister" and inserting instead --
                 "
                       authorise any officer of the Department, and other
                       persons authorised by the Minister,
25                                                                               ".




                                                                             page 5
     Water Resources Legislation Amendment Bill 2006
     Part 2        Amendments to the Country Areas Water Supply Act 1947

     s. 14



           (3)   Section 12ED(5) is amended as follows:
                   (a) by deleting "or the Commission or a person acting with
                        the authority of the Minister or of the Commission" and
                        inserting instead --
 5               "
                           , an officer of the Department or a person authorised by
                           the Minister for the purposes of this subsection,
                                                                                      ";
                     (b)    by deleting "the Commission or any such person" and
10                          inserting instead --
                            " officer or person so authorised ".

     14.         Section 12EE amended
                 Section 12EE(2) is amended as follows:
                   (a) by deleting "the Commission" in the first place where it
15                      occurs and inserting instead --
                        " an officer of the Department ";
                  (b) by deleting "or of the Commission".

     15.         Section 45 amended
                 Section 45(3a) is amended by deleting "Commission" and
20               inserting instead --
                 " the Crown           ".

     16.         Section 111 amended
                 Section 111 is amended by deleting "Commission" and
                 inserting instead --
25               "    Crown       ".




     page 6
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Country Areas Water Supply Act 1947       Part 2

                                                                         s. 17



     17.       Section 112 amended
               Section 112 is amended as follows:
                 (a) by deleting "Commission" in the first, third and fourth
                      places where it occurs and inserting instead --
 5                    " Minister ";
                (b) by deleting "Commission" in the second place where it
                      occurs and inserting instead --
                      " Department ".

     18.       Section 113 amended
10             Section 113(1) is amended by deleting "Commission" and
               inserting instead --
               "   Crown   ".

     19.       Section 114 amended
               Section 114 is amended by deleting "Commission" and
15             inserting instead --
               "
                     Department authorised by the Minister for the purposes
                     of this section
                                                                               ".

20   20.       Section 115 amended
               Section 115(1) is amended as follows:
                 (a) in paragraph (a) by deleting "Commission" in the first
                      place where it occurs and inserting instead --
                      " Minister ";
25              (b) in paragraph (a) by deleting "Commission" in the
                      second place where it occurs and inserting instead --
                      " Department ";




                                                                        page 7
     Water Resources Legislation Amendment Bill 2006
     Part 2        Amendments to the Country Areas Water Supply Act 1947

     s. 21



                    (c)    in the heading to Table 1 by deleting "Commission" and
                           inserting instead --
                           " Minister ";
                    (d)    in Table 1 by deleting "12C(7a)" and inserting
 5                         instead --
                           " 12C(7)(a) ";
                    (e)    in Table 1 by deleting "obstruction of the Commission"
                           and inserting instead --
                           " obstruction of the Minister, etc. ";
10                  (f)    in Table 1 by deleting "used by the Commission" and
                           inserting instead --
                           " used by the Crown ";
                    (g)    in Table 2 by deleting "obstruction of the Corporation"
                           and inserting instead --
15                         " obstruction of the Corporation, etc. ".

     21.       Section 116 replaced
               Section 116 is repealed and the following section is inserted
               instead --
     "
20           116.         Corporation may be represented by officer
                          In any proceeding before a court, judge or person
                          acting judicially, any authorised officer of the
                          Corporation may represent the Corporation in all
                          respects as if he were the party concerned.
25                                                                              ".

     22.       Section 121 amended
               Section 121 is amended by deleting "chief executive officer of
               the Commission or" and inserting instead --
               "     CEO or the chief executive officer of     ".



     page 8
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Country Areas Water Supply Act 1947       Part 2

                                                                                        s. 23



     23.       Various references to "Commission" changed to "Minister"
               Each provision of the Act listed in the Table to this section is
               amended by deleting "Commission" in each place where it
               occurs and inserting instead --
5              "   Minister      ".
                                             Table
                s. 12                                 s. 12D(1)
                s. 12B(2)                             s. 12E(5), (6), (7) and (8)
                s. 12BA(3)                            s. 12EB(2), (3) and (4)
                s. 12BD(2)                            s. 45(1)(ca) and (2)
                s. 12C(2), (3), (4), (5), (6)         s. 108
                 and (7)
               Note: The heading to sections 12 and 112 will be altered by deleting
                     "Commission" and inserting instead "Minister".
                      The headings to section 121 will be altered by deleting "chief executive
10                    officer of the Commission or" and inserting instead "CEO or the chief
                      executive officer of ".




                                                                                      page 9
     Water Resources Legislation Amendment Bill 2006
     Part 3        Amendments to the Metropolitan Water Authority Act 1982

     s. 24



           Part 3 -- Amendments to the Metropolitan Water
                        Authority Act 1982
     24.       The Act amended
               The amendments in this Part are to the Metropolitan Water
 5             Authority Act 1982*.
               [* Reprinted as at 21 January 2000.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2005, Table 1, p. 285.]

     25.       Section 4 amended
10             Section 4(1)(a) is amended as follows:
                 (a) by deleting the definition of "Commission";
                (b) by inserting in the appropriate alphabetical position --
               "
                     "former Commission" means the Water and Rivers
15                       Commission established by section 4 of the Water
                         and Rivers Commission Act 1995 and in existence
                         before the repeal of that Act;
                                                                               ".

     26.       Section 5 amended
20             Section 5(2) is amended by inserting before "Commission" --
               "   former   ".

     27.       Section 19 amended
               Section 19 is amended by inserting after "delegate of " --
               " the former Commission,      ".




     page 10
                              Water Resources Legislation Amendment Bill 2006
            Amendments to the Metropolitan Water Authority Act 1982    Part 3

                                                                            s. 28



     28.         Section 98 amended
                 Section 98(1), (2), (4) and (5) are amended by deleting
                 "Commission" in each place where it occurs and inserting
                 instead --
 5               "   Minister   ".

     29.         Section 99 amended
           (1)   Section 99(1), (3) and (5) are amended by deleting
                 "Commission" and inserting instead --
                 "   Minister   ".
10         (2)   Section 99(4) is amended as follows:
                   (a) by deleting "Commission" and inserting instead --
                        " Minister ";
                  (b) in paragraph (e) by deleting ", and report thereon to the
                        Minister".

15   30.         Section 106 amended
           (1)   Section 106(1), (2) and (5) are amended by deleting
                 "Commission" in each place where it occurs and inserting
                 instead --
                 "   Minister   ".
20         (2)   Section 106(2) is amended as follows:
                   (a) after paragraph (c) by deleting "; and" and inserting a
                        full stop;
                  (b) by deleting paragraph (d);
                   (c) by inserting at the end of each of paragraphs (a) and
25                      (b) --
                        " and ".




                                                                         page 11
     Water Resources Legislation Amendment Bill 2006
     Part 3        Amendments to the Metropolitan Water Authority Act 1982

     s. 31



           (3)   Section 106(3) is amended as follows:
                   (a) by deleting "Subject to the approval of the Minister, the
                        Commission" and inserting instead --
                        " The Minister ";
 5                (b) by deleting "unless the Minister otherwise directs";
                   (c) by inserting at the end of paragraph (a) --
                        " and ".
           (4)   Section 106(4) is amended by deleting "Subject to the approval
                 of the Minister the Commission" and inserting instead --
10               "   The Minister    ".
           (5)   Section 106(6) is amended as follows:
                   (a) in paragraph (a) by deleting "Commission" and inserting
                        instead --
                        " Minister ";
15                (b) in paragraph (b) by deleting "the Commission or".

     31.         Section 107 amended
                 Section 107(2) is amended by deleting "Commission" and
                 inserting instead --
                 "   Minister   ".




     page 12
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Metropolitan Water Supply, Sewerage,      Part 4
                                           and Drainage Act 1909

                                                                                  s. 32


           Part 4 -- Amendments to the Metropolitan Water
               Supply, Sewerage, and Drainage Act 1909
     32.         The Act amended
                 The amendments in this Part are to the Metropolitan Water
 5               Supply, Sewerage, and Drainage Act 1909*.
                 [* Reprint 9 as at 17 February 2006.]

     33.         Section 5 amended
                 Section 5(1) is amended as follows:
                   (a) by deleting the definitions of "Commission" and
10                      "officer";
                  (b) by inserting in the appropriate alphabetical positions --
                 "
                       "CEO" means the chief executive officer of the
                            Department;
15                     "Department" means the department of the Public
                            Service principally assisting in the administration
                            of this Act;
                       "officer", in relation to the Corporation, means a
                            member of the staff of the Corporation engaged
20                          under section 15 of the Water Corporation
                            Act 1995;
                                                                                    ".

     34.         Section 14 amended
                 Section 14(2) is repealed and the following subsection is
25               inserted instead --
             "
                 (2)   The Corporation shall not exercise the powers
                       conferred by subsection (1) in relation to water to
                       which section 5C of the Rights in Water and Irrigation


                                                                             page 13
     Water Resources Legislation Amendment Bill 2006
     Part 4        Amendments to the Metropolitan Water Supply, Sewerage,
                   and Drainage Act 1909

     s. 35


                       Act 1914 applies, except under a licence or right
                       granted or conferred under Part III of that Act.
                                                                                ".

     35.         Section 16 amended
 5               Section 16 is amended by deleting "without the authority of the
                 Commission" and inserting instead --
                 "
                       other than with the authority of the Minister or under
                       another written law
10                                                                              ".

     36.         Section 35 repealed
                 Section 35 is repealed.

     37.         Section 57C amended
                 Section 57C(1) is amended by deleting "it" and inserting
15               instead --
                 " the Minister    ".

     38.         Section 57EA amended
                 Section 57EA(2) is repealed and the following subsection is
                 inserted instead --
20           "
                 (2)   The Corporation shall not exercise the power conferred
                       by subsection (1) in relation to water to which
                       section 5C of the Rights in Water and Irrigation
                       Act 1914 applies, except under a licence or right
25                     granted or conferred under Part III of that Act.
                                                                                ".




     page 14
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Metropolitan Water Supply, Sewerage,      Part 4
                                           and Drainage Act 1909

                                                                             s. 39


     39.        Section 57G amended
                Section 57G(2)(a) and (b) are amended by deleting "it" and
                inserting instead --
                " the Minister      ".

 5   40.        Section 57H amended
                Section 57H(3) is amended as follows:
                  (a) by deleting "Commission" in the first place where it
                       occurs and inserting instead --
                          " Minister ";
10                  (b)   by deleting "Commission" in the second place where it
                          occurs and inserting instead --
                          " Crown ".

     41.        Section 57I amended
                Section 57I(1) is amended by deleting "it" and inserting
15              instead --
                " the Minister      ".

     42.        Section 146 amended
                Section 146(1)(3a) is amended by deleting "Commission" and
                inserting instead --
20              "    CEO ".

     43.        Section 153 amended
                Section 153 is amended by deleting "Commission" and
                inserting instead --
                "    Crown     ".




                                                                           page 15
     Water Resources Legislation Amendment Bill 2006
     Part 4        Amendments to the Metropolitan Water Supply, Sewerage,
                   and Drainage Act 1909

     s. 44


     44.       Section 156 amended
               Section 156 is amended as follows:
                 (a) by deleting "Commission" in the first place where it
                      occurs and inserting instead --
 5                    " Minister ";
                (b) by deleting "Commission" in the second place where it
                      occurs and inserting instead --
                      " Department ";
                 (c) by deleting ", in the performance of any Act or thing
10                    which it or he" and inserting instead --
               "
                    or any person authorised by the Minister or the
                    Corporation, in the performance of any act or thing
                    which the Minister or Corporation, or officer or person
15                                                                            ".

     45.       Section 157 amended
               Section 157 is amended by deleting "Commission" and
               inserting instead --
               "   Crown   ".

20   46.       Section 158 amended
               Section 158 is amended by deleting "Commission" and
               inserting instead --
               "
                    Department authorised by the Minister for the purposes
25                  of this section
                                                                              ".




     page 16
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Metropolitan Water Supply, Sewerage,      Part 4
                                           and Drainage Act 1909

                                                                                 s. 47


     47.         Section 159 amended
           (1)   Section 159(1) is amended as follows:
                   (a) by deleting "relevant authority" in the first place where
                        it occurs and inserting instead --
 5                      " Minister or the Corporation ";
                  (b) by deleting "relevant authority" in the second place
                        where it occurs and inserting instead --
                        " Department or the Corporation ";
                   (c) by deleting "relevant authority" in the third place where
10                      it occurs and inserting instead --
                 "
                      Minister or the Corporation (which ever, in each case,
                      is relevant)
                                                                                   ".
15         (2)   Section 159(4) is repealed.

     48.         Section 160 repealed
                 Section 160 is repealed.

     49.         Section 161 replaced
                 Section 161 is repealed and the following section is inserted
20               instead --
     "
             161.     Corporation may be represented by officer
                      In any proceeding before a court, judge or person
                      acting judicially, any authorised officer of the
25                    Corporation may represent the Corporation in all
                      respects as if he were the party concerned.
                                                                                   ".




                                                                           page 17
     Water Resources Legislation Amendment Bill 2006
     Part 4        Amendments to the Metropolitan Water Supply, Sewerage,
                   and Drainage Act 1909

     s. 50


     50.       Various references to "Commission" changed to "Minister"
               Each provision of the Act listed in the Table to this section is
               amended by deleting "Commission" in each place where it
               occurs and inserting instead --
5              "   Minister     ".
                                            Table
                s. 13(a)                            s. 57D(1)
                s. 15                               s. 57E(1), (2) and (3)
                s. 17(1)                            s. 57G(1), (2), (5) and (7)
                s. 57A(1) and (2)                   s. 57H(1) and (2)
                s. 57B(4)                           s. 57I(1) and (2)
                s. 57C(1) and (2)
               Note: The headings to sections 17, 57C and 156 will be altered by deleting
                     "Commission" and inserting instead "Minister".
                     The heading to section 146 will be altered by deleting "Corporation"
10                   and inserting instead "Minister".




     page 18
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Rights in Water and Irrigation Act 1914   Part 5

                                                                             s. 51



           Part 5 -- Amendments to the Rights in Water and
                        Irrigation Act 1914
     51.        The Act amended
                The amendments in this Part are to the Rights in Water and
 5              Irrigation Act 1914*.
                [* Reprinted as at 10 January 2001.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2005, Table 1, p. 391.]

     52.        Section 2 amended
10              Section 2(1) is amended as follows:
                  (a) by deleting the definition of "Commission";
                 (b) by inserting in the appropriate alphabetical positions --
                "
                     "CEO" means the chief executive officer of the
15                        Department;
                     "Department" means the department of the Public
                          Service principally assisting in the administration
                          of this Act;
                     "officer", in relation to the Corporation, means a
20                        member of the staff of the Corporation engaged
                          under section 15 of the Water Corporation
                          Act 1995;
                     "Water Resources Council" means the Water
                          Resources Council established by section 16 of the
25                        Water Agencies (Powers) Act 1984;
                                                                                ".
     53.        Section 5 amended
                Section 5(2) is amended as follows:
                  (a) after paragraph (a) by inserting --
30                     " and ";


                                                                         page 19
     Water Resources Legislation Amendment Bill 2006
     Part 5        Amendments to the Rights in Water and Irrigation Act 1914

     s. 54



                     (b)   in paragraph (b) by deleting "Commission" and
                           inserting instead --
                           " Minister ";
                     (c)   after paragraph (b) by deleting "; and" and inserting a
 5                         full stop;
                     (d)   by deleting paragraph (c).

     54.         Section 5A amended
                 Section 5A is amended by deleting "appropriated" and inserting
                 instead --
10               "    allocated   ".

     55.         Section 6 amended
                 Section 6(4)(d) is amended by deleting "and given a report on
                 them to the Minister".

     56.         Section 16 amended
15         (1)   Section 16(2) is amended as follows:
                     (a)   by deleting "The Commission may, with the approval of
                           the Minister, in the name and on behalf of the Crown,"
                           and inserting instead --
                           " The Minister may ";
20                   (b)   by deleting "Commission" in the second and third places
                           where it occurs and inserting instead --
                           " Minister ".
           (2)   Section 16(3) is amended by deleting ", the Commission," in
                 both places where it occurs.

25   57.         Section 26B amended
                 Section 26B(5) is amended by inserting after "26C" --
                 "    and any local by-laws    ".


     page 20
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Rights in Water and Irrigation Act 1914   Part 5

                                                                             s. 58



     58.        Section 26GE amended
                Section 26GE(3) is amended by inserting after "order" --
                "   under section 26GD(1)      ".

     59.        Section 26GH amended
 5              Section 26GH(2) is amended as follows:
                  (a) by inserting after "compensation" in the first place
                       where it occurs --
                       " under clause 39 of Schedule 1 ";
                 (b) by deleting "6(b)" and inserting instead --
10                     " (6)(b) ".

     60.        Section 26GL amended
                Section 26GL(1) is amended as follows:
                  (a) by inserting at the end of each of paragraph (b)(i)
                       and (ii) --
15                     " or ";
                 (b) by deleting paragraph (b)(iv) and inserting the following
                       subparagraph instead --
                            "
                                (iv)   are officers of the Department.
20                                                                             ".

     61.        Section 26GS amended
                Section 26GS(3) is amended by deleting "neither the
                Commission nor the State is" and inserting instead --
                " the Crown is not      ".




                                                                         page 21
     Water Resources Legislation Amendment Bill 2006
     Part 5        Amendments to the Rights in Water and Irrigation Act 1914

     s. 62



     62.             Section 26GU amended
                     Section 26GU(1) is repealed and the following subsection is
                     inserted instead --
                 "
 5                   (1)     A plan for the purposes of this Act may be prepared by
                             the Minister.
                                                                                      ".

     63.             Sections 26GX and 26GY amended
                     Sections 26GX(2)(c)(iii) and (d) and 26GY(2)(b)(iii) are
10                   amended by deleting "Commission's" and inserting instead --
                     "     Minister's         ".

     64.             Heading to Part III Division 3D Subdivision 2 amended
                     The heading to Part III Division 3D Subdivision 2 is amended
                     by deleting "approval" and inserting instead --
15                   "     making        ".

     65.             Section 26GZC amended
           (1)       Section 26GZC(1) and (2) are amended by deleting "submit"
                     and inserting instead --
                     "     give    ".
20         (2)       Section 26GZC(3) is amended by deleting "submitted" and
                     inserting instead --
                     "     given    ".




     page 22
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Rights in Water and Irrigation Act 1914   Part 5

                                                                                   s. 66



     66.          Section 26GZE replaced
                  Section 26GZE is repealed and the following section is inserted
                  instead --
     "
 5           26GZE. Minister to make plan
                  (1)   The Minister must give the proposed plan, modified as
                        the Minister thinks fit under section 26GZD, to the
                        Water Resources Council and indicate the time within
                        which the Water Resources Council may submit its
10                      report under subsection (3).
                  (2)   The plan must be accompanied by --
                         (a) a summary of all submissions made under
                               section 26GZB and requests made under
                               section 26GZC(4); and
15                       (b) a report of the Minister indicating the
                               Minister's opinion of the merits of those
                               submissions and requests.
                  (3)   The Water Resources Council may submit to the
                        Minister a report indicating its opinion of the plan and
20                      making recommendations about modification and
                        approval of the plan.
                  (4)   The Minister may make the proposed plan with or
                        without modifications.
                  (5)   The Minister must not make the plan before the time
25                      referred to in subsection (1) has elapsed.
                                                                                     ".

     67.          Section 26GZG amended
                  After section 26GZG(4) the following subsection is inserted --
             "
30               (4a)   The Minister must advise the Water Resources Council
                        of the Minister's decision, and reasons, as to whether

                                                                            page 23
     Water Resources Legislation Amendment Bill 2006
     Part 5        Amendments to the Rights in Water and Irrigation Act 1914

     s. 68



                    action needs to be taken in respect of a plan under
                    subsection (1).
                                                                               ".

     68.       Section 26GZI amended
 5             Section 26GZI(3) is amended by deleting all of the subsection
               from and including "hours at" and inserting instead --
               "
                    hours at the office or offices of the Department
                    designated by the CEO for the purposes of this
10                  subsection.
                                                                               ".

     69.       Section 26GZK amended
               Section 26GZK is amended as follows:
                 (a) by deleting "Commission" in the first place where it
15                    occurs and inserting instead --
                      " Minister ";
                (b) by deleting "Commission" in the second place where it
                      occurs and inserting instead --
                      " CEO ".

20   70.       Section 26GZO amended
               Section 26GZO is amended as follows:
                 (a) by deleting "Commission" in the first, second and third
                      places where it occurs and inserting instead --
                      " Minister ";
25              (b) by deleting "Commission" in the fourth place where it
                      occurs and inserting instead --
                      " CEO ".




     page 24
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Rights in Water and Irrigation Act 1914   Part 5

                                                                                    s. 71



     71.              Section 26GZQ amended
                      Section 26GZQ(2)(b)(i) is amended by deleting "it" and
                      inserting instead --
                      " the CEO      ".

 5   72.              Section 26H amended
           (1)        Section 26H(1) is amended as follows:
                       (a) by deleting "Commission, any officer of the
                             Commission or any person authorised by the
                             Commission, may" and inserting instead --
10                           " Minister may, ";
                       (b) by deleting "their duties" and inserting instead --
                             " the Minister's duties ".
           (2)        Section 26H(1a) is repealed and the following subsection is
                      inserted instead --
15               "
                     (1a)   The provisions of Part VI of the Water Agencies
                            (Powers) Act 1984 that regulate entry onto land apply
                            in relation to any entry under subsection (1).
                                                                                      ".
20         (3)        Section 26H(2) is amended by deleting "Commission or any
                      person acting in the exercise of an authorisation conferred under
                      subsection (1) by the Commission," and inserting instead --
                      "
                            Minister or any other person exercising powers under
25                          subsection (1)
                                                                                      ".

     73.              Section 26J amended
           (1)        Section 26J(1) is amended by deleting "Commission shall be
                      entitled, in the name and on behalf of the Crown, to institute and



                                                                                page 25
     Water Resources Legislation Amendment Bill 2006
     Part 5        Amendments to the Rights in Water and Irrigation Act 1914

     s. 74



                 maintain by any officer of the Commission authorised for that
                 purpose by the Commission" and inserting instead --
                 "
                       Minister, or an officer of the Department authorised by
 5                     the Minister for the purpose, may institute and maintain
                                                                                  ".
           (2)   Section 26J(2) is amended as follows:
                  (a) by deleting "Commission" in the first, fourth and fifth
                        places where it occurs and inserting instead --
10                      " Minister ";
                  (b) by deleting "either the Crown or the Commission or any
                        person" and inserting instead --
                        " the Crown or any other person ";
                  (c) by deleting "or the Commission" in the second place
15                      where it occurs;
                  (d) by deleting "Commission's" and inserting instead --
                        " Crown's ".

     74.         Section 26N amended
           (1)   Section 26N(2)(e) is amended by deleting "Minister" and
20               inserting instead --
                 "   Water Resources Council    ".
           (2)   Section 26N(3) is amended by deleting "(2)(c)" and inserting
                 instead --
                 "   (2)(d)   ".

25   75.         Section 26Q amended
                 Section 26Q(1) is amended by deleting "with the approval of
                 the Minister,".




     page 26
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Rights in Water and Irrigation Act 1914   Part 5

                                                                                 s. 76



     76.         Section 27 amended
           (1)   Section 27(1)(a) is deleted.
           (2)   Subsection 27(1) is amended by inserting after
                 section 27(1)(ga) --
 5               "
                         (h)    the fees or charges payable in respect of
                                licenses under section 5C;
                                                                                      ".
           (3)   At the end of section 27 the following subsection is inserted --
10               "
                       (3)     Without limiting the generality of paragraph (h)
                               of subsection (1) the fees or charges referred to in
                               that paragraph may be set by reference to the
                               volume of water allocated under a license.
15                                                                                    ".

     77.         Section 27C amended
                 Section 27C(2)(a) is amended by deleting "the operations of the
                 Commission" and inserting instead --
                 " operations      ".

20   78.         Section 35 amended
                 Section 35 is amended as follows:
                   (a) by deleting ", the Commission" in both places where it
                        occurs;
                  (b) by deleting "the Commission or" in the second place
25                      where it occurs.
     79.         Section 36 amended
           (1)   Section 36 is amended by inserting before "Subject to" the
                 subsection designation "(1)".



                                                                              page 27
     Water Resources Legislation Amendment Bill 2006
     Part 5        Amendments to the Rights in Water and Irrigation Act 1914

     s. 80



           (2)       At the end of section 36 the following subsection is inserted --
                 "
                     (2)    This section does not make the Minister or the Crown
                            liable for anything done or omitted to be done by the
 5                          Corporation.
                                                                                       ".
     80.             Section 39 replaced
                     Section 39 is repealed and the following section is inserted
                     instead --
10   "
             39.            Allocation of water for irrigation
                            The Minister may, under Part III, allocate water for the
                            purposes of this Part.
                                                                                       ".

15   81.             Section 69 amended
                     Section 69 is amended by deleting "Commission" and inserting
                     instead --
                     "     Crown   ".

     82.             Section 70 amended
20                   Section 70 is amended as follows:
                       (a) by deleting "Commission" in the first, third and fourth
                            places where it occurs and inserting instead --
                            " Minister ";
                      (b) by deleting "Commission" in the second place where it
25                          occurs and inserting instead --
                            " Department ".




     page 28
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Rights in Water and Irrigation Act 1914   Part 5

                                                                                  s. 83



     83.           Section 71 amended
                   Section 71 is amended by deleting "Commission" and inserting
                   instead --
                   "   Crown    ".

 5   84.           Section 73 amended
                   Section 73 is amended by deleting "Commission" and inserting
                   instead --
                   "
                         Department authorised by the Minister for the purposes
10                       of this section
                                                                                     ".

     85.           Section 75 replaced
                   Section 75 is repealed and the following section is inserted
                   instead --
15   "
             75.         Corporation may be represented by officer
                         In any proceeding before a court, judge or person
                         acting judicially, any authorised officer of the
                         Corporation may represent the Corporation in all
20                       respects as if he or she were the party concerned.
                                                                                     ".

     86.           Section 79A amended
                   Section 79A is amended by deleting "chief executive officer of
                   the Commission or" and inserting instead --
25                 "   CEO or the chief executive officer of   ".

     87.           Schedule 1 clause 3 amended
                   Schedule 1 clause 3(d) is amended as follows:
                     (a) by deleting "is" in the first place where it occurs;


                                                                                page 29
     Water Resources Legislation Amendment Bill 2006
     Part 5        Amendments to the Rights in Water and Irrigation Act 1914

     s. 88



                     (b)       in subparagraph (i) by inserting before "authorised" --
                               " is ".

     88.         Schedule 1 clause 6 amended
           (1)   Schedule 1 clause 6(2) is amended as follows:
 5                 (a) in paragraph (a) by deleting "its" and inserting
                        instead --
                        " the Minister's ";
                  (b) by deleting paragraph (b) and inserting the following
                        paragraph instead --
10                         "
                               (b)   that the applicant has a right to make written
                                     submissions to the Minister, or be heard by a person
                                     designated by the Minister for that purpose, before
                                     the Minister makes a decision on the application.
15                                                                                          ".
           (2)   Schedule 1 clause 6(4) is amended by deleting "its" and
                 inserting instead --
                 "    a        ".

     89.         Schedule 1 clause 12 amended
20               Schedule 1 clause 12(5) is amended by deleting "accountable
                 authority of the Commission" and inserting instead --
                 "    accountable authority of the Department       ".

     90.         Schedule 1 clause 15 amended
                 Schedule 1 clause 15(2) is amended by deleting "its" and
25               inserting instead --
                 "    the Minister's      ".




     page 30
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Rights in Water and Irrigation Act 1914   Part 5

                                                                                   s. 91



     91.         Schedule 1 clause 22 amended
                 Schedule 1 clause 22(2)(b) is amended by deleting "its" and
                 inserting instead --
                 "   the    ".

 5   92.         Schedule 1 clause 26 amended
           (1)   Schedule 1 clause 26(4) is amended as follows:
                   (a) in paragraph (a) by deleting "its" and inserting
                        instead --
                        " the Minister's ";
10                (b) by deleting paragraph (b) and inserting the following
                        paragraph instead --
                      "
                           (b)   that the licensee has a right to make written
                                 submissions to the Minister, or be heard by a person
15                               designated by the Minister for that purpose, before
                                 the Minister makes a decision to exercise the power.
                                                                                        ".
           (2)   Schedule 1 clause 26(5) is amended by deleting "applicant" and
                 inserting instead --
20               "   licensee    ".
           (3)   Schedule 1 clause 26(6) is amended by deleting "it makes its"
                 and inserting instead --
                 "   the Minister makes a    ".




                                                                                page 31
     Water Resources Legislation Amendment Bill 2006
     Part 5        Amendments to the Rights in Water and Irrigation Act 1914

     s. 93



     93.       Schedule 1 clause 29A inserted
               After clause 29 the following clause is inserted --
     "
             29A.     Transfers of licence -- death of licence holder
 5              (1)   If --
                         (a)   a holder of a licence (the "deceased holder") dies;
                               and
                        (b)    probate of the will, or letters of administration of
                               the estate, of the deceased holder is granted before
10                             the end of the 12 months immediately following the
                               death of the deceased holder or that period as
                               extended under subclause (5) in relation to the
                               deceased holder,
                      the executor or administrator becomes, on the grant of
15                    probate or letters of administration, the holder of the
                      deceased holder's interest in the licence to deal with as
                      executor or administrator.
                (2)   If the death of a holder of a licence (the "deceased holder")
                      means that no person holds the licence, the licence does not
20                    cease but continues, under this subclause, until the earlier
                      of --
                        (a)    the end of the 12 months immediately following the
                               death of the deceased holder or that period as
                               extended under subclause (5) in relation to the
25                             deceased holder; or
                        (b)    the time at which probate of the will, or letters of
                               administration of the estate, of the deceased holder,
                               or any other person who was a holder of the licence
                               at the time of his or her death, is granted.
30              (3)   Any thing done or omitted to be done under the licence,
                      while it continues under subclause (2), on behalf of the
                      deceased holder, or any other person who was a holder of
                      the licence at the time of his or her death, is as valid and as
                      lawful as it would have been if done, or omitted to be done,
35                    by the deceased holder or that other person.


     page 32
                              Water Resources Legislation Amendment Bill 2006
           Amendments to the Rights in Water and Irrigation Act 1914   Part 5

                                                                                      s. 94



                 (4)     This clause does not apply so as to extend the term of a
                         licence that is for a fixed term.
                 (5)     The Minister may, on application, extend the period referred
                         to in subclause (1)(b) or (2)(a) in relation to a particular
 5                       deceased holder if the circumstances of the case warrant it.
                                                                                         ".

     94.         Schedule 1 clause 30 amended
                 Schedule 1 clause 30(5) is amended by deleting "(7)(2)" and
                 inserting instead --
10               "     7(2)   ".

     95.         Schedule 1 clause 35 amended
           (1)   Schedule 1 clause 35(6) is amended as follows:
                   (a) by deleting "Commission" in the first place where it
                        occurs and inserting instead --
15                      " Minister ";
                  (b) by deleting "an appearance before the Commission" and
                        inserting instead --
                        " that the person be heard ";
                   (c) in paragraph (a) by deleting "the Commission" and
20                      inserting instead --
                        " a person designated by the Minister for that purpose ".
           (2)   Schedule 1 clause 35(8)(a) is amended by deleting "its" and
                 inserting instead --
                 "     the Minister's   ".

25   96.         Heading to Schedule 1 Division 8 amended
                 The heading to Schedule 1 Division 8 is amended by deleting
                 "Commission" and inserting instead --
                 " Minister ".


                                                                                    page 33
     Water Resources Legislation Amendment Bill 2006
     Part 5        Amendments to the Rights in Water and Irrigation Act 1914

     s. 97



     97.         Schedule 1 clause 38 amended
                 Schedule 1 clause 38(1)(d) is amended by deleting "it" in the
                 second place where it occurs and inserting instead --
                 "   the Minister         ".

 5   98.         Heading to Schedule 1 Division 10 amended
                 The heading to Schedule 1 Division 10 is amended by deleting
                 "Commission" and inserting instead --
                 " Minister ".

     99.         Schedule 1 clause 40 amended
10               Schedule 1 clause 40(1)(b) is amended by deleting
                 "Commission" and inserting instead --
                 "   Crown      ".

     100.        Schedule 1 clause 45 amended
                 Schedule 1 clause 45 is amended by deleting "Commission" in
15               both places where it occurs and inserting instead --
                 "   CEO     ".

     101.        Various references to "Commission" changed to "Minister"
           (1)   Each provision of the Act listed in the Table to this subsection is
                 amended by deleting "Commission" in each place where it
20               occurs and inserting instead --
                 "   Minister        ".
                                               Table
                 s. 4(3)                               s. 26GM(1) and (2)
                 s. 5C(1)(d)                           s. 26GP(1) and (2)
                 s. 6(4) and (6)                       s. 26GQ
                 s. 11(1)(a)                           s. 26GW(2) and (3)
                 s. 17(3a), (4), (6) and (7)           s. 26GX(2) and (3)

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           s. 21A(1)(a)                         s. 26GY(2) and (3)
           s. 22(1), (2), (2a), (3) and (4)     s. 26GZB(a) and (b)
           s. 25(4) and (5)                     s. 26GZC(1), (2), (3) and (4)
           s. 26B(4)(d) and (5)(d)              s. 26GZD
           s. 26D(1) and (2)                    s. 26GZG(2), (3), (4) and (5)
           s. 26E(1) and (2)                    s. 26N(2) and (3)
           s. 26F(1) and (2)                    s. 26P(c)
           s. 26G(1), (2), (2b) and (4)         s. 26Q(1) and (2)
           s. 26GC(1) and (4)                   s. 27A(1)(a) and (c)
           s. 26GD(1) and (2)                   s. 27B
           s. 26GE(1) and (2)                   s. 36
           s. 26GG(1)                           s. 37
           s. 26GH(2)                           s. 38(a), (c) and (d)
           s. 26GI                              s. 66(3)
     (2)   Each provision of the Act listed in the Table to this subsection is
           amended by deleting "it" in each place where it occurs and
           inserting instead --
           " the Minister       ".
 5                                      Table
           s. 26GE(2)                           Sch. 1 cl. 18(3)(b)(ii)
           s. 26GZC(2)                          Sch. 1 cl. 22(2)(b) and (3)(b)
           s. 26GZD                             Sch. 1 cl. 30(5)
           Sch. 1 cl. 6(1)(b) and (4)           Sch. 1 cl. 31(5)
           Sch. 1 cl. 7(2) and (4)              Sch. 1 cl. 36(c) and (d)
           Sch. 1 cl. 8                         Sch. 1 cl. 39(4)
           Sch. 1 cl. 17(2)
     (3)   Each clause of Schedule 1 (other than clauses 6(2)(b), 12(5),
           26(4)(b), 35(6), 40(1)(b) and 45) is amended by deleting
           "Commission" in each place where it occurs and inserting
           instead --
10         "   Minister   ".


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     102.      Various references to "Commission" changed to "CEO"
               Each provision of the Act listed in the Table to this subsection is
               amended by deleting "Commission" in each place where it
               occurs and inserting instead --
5              "   CEO ".
                                            Table
                s. 26GZI(1), (2), (4) and (5)       s. 26GZP(1)
                s. 26GZJ(1)(e)                      s. 26GZQ(1) and (2)
                s. 26GZL                            s. 26GZR
                s. 26GZM(1)                         s. 26GZS
                s. 26GZN(1)
               Note: The heading to section 26J will be altered by deleting "Commission
                     entitled to" and inserting instead "Minister may".
                     The headings to sections 26G, 26GC, 26GQ and 26Q and Schedule 1
10                   clauses 8, 10, 18, 24, 25, 31, 33, 38, 40 and 41 will be altered by
                     deleting "Commission" and inserting instead "Minister".

                     The heading to Schedule 1 clauses 7 and 32 will be altered by deleting
                     "Commission's" and inserting instead "Minister's".
                     The heading to section 26GZN will be altered by deleting
15                   "Commission" and inserting instead "CEO".




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     Part 6 -- Amendments to the Water Agencies (Powers)
                        Act 1984
     103.        The Act amended
                 The amendments in this Part are to the Water Agencies
 5               (Powers) Act 1984*.
                 [* Reprinted as at 4 January 2000.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2005, Table 1, p. 484 and
                    Act No. 38 of 2005.]

10   104.        Long title amended
                 The long title is amended by deleting all of the words from and
                 including "vest powers in the Water Corporation" to and
                 including "their functions" and inserting instead --
     "
15          give the Minister functions and powers, to give the Water
            Corporation powers, to make other provision in respect of
            their functions, to establish the Water Resources Ministerial
            Body and the Water Resources Council
                                                                                ".

20   105.        Section 3 amended
         (1)     Section 3(1) is amended as follows:
                   (a) by inserting in the appropriate alphabetical positions --
                 "
                      "CEO" means the chief executive officer of the
25                        Department;
                      "Department" means the department of the Public
                          Service principally assisting in the administration
                          of this Act;
                      "former Commission" means the Water and Rivers
30                        Commission established by section 4 of the Water


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                          and Rivers Commission Act 1995 and in existence
                          before the repeal of that Act;
                     "Ministerial Body" means the Water Resources
                          Ministerial Body established by section 11;
 5                   "officer", in relation to the Corporation, means a
                          member of the staff of the Corporation engaged
                          under section 15 of the Water Corporation
                          Act 1995;
                     "watercourse" has the meaning given to that term in
10                        section 2(1) of the Rights in Water and Irrigation
                          Act 1914;
                     "water resources" includes --
                          (a) watercourses, reservoirs, wetlands, estuaries
                                and inlets, together with their beds and
15                              banks;
                        (b) aquifers and underground water; and
                         (c) drainage, surface and surplus water;
                     "wetland" has the meaning given to that term in
                        section 2(1) of the Rights in Water and Irrigation
20                      Act 1914;
                                                                               ";
               (b)    in the definition of "statutory authority" by deleting
                      "Commission" and inserting instead --
                      " Minister, the CEO ";
25             (c)    in the definition of "works" by inserting after "drainage
                      works" --
                      " , gauging works, wells, weirs ";
               (d)    in the definition of "works" by deleting "Commission"
                      and inserting instead --
30                    " Minister ";
               (e)    by deleting the definitions of "officer", "Commission"
                      and "watercourse".


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         (2)     Section 3(3) is amended as follows:
                   (a) by deleting "Commission" in the first, third and fourth
                        places where it occurs and inserting instead --
                        " Minister ";
 5                (b) by deleting "Commission" in the second place where it
                        occurs and inserting instead --
                        " Department ".
     106.        Section 8 amended
                 Section 8(3) is amended as follows:
10                 (a) by deleting "or the Commission" in the first place where
                        it occurs and inserting instead --
                 "
                           , or the Minister for the purposes of this or a relevant
                           Act,
15                                                                               ";
                     (b)    by deleting "Commission" in the second and third places
                            where it occurs and inserting instead --
                            " Minister ".
     107.        Parts II, IIA and heading to Part IIB inserted
20               After section 8 the following is inserted --
     "
                       Part II -- The Minister and the Water
                            Resources Ministerial Body
                     Division 1 -- General functions and powers of
25                                  the Minister
            9.             General functions and powers of the Minister
                 (1)       The Minister has the general functions of --
                            (a) conserving, protecting and managing water
                                 resources;

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                           (b)    assessing water resources;
                           (c)    planning for the use of water resources;
                           (d)    promoting the efficient use of water resources;
                           (e)    promoting the efficient provision of water
 5                                services;
                            (f)   developing plans for and providing advice on
                                  flood management.
                    (2)   The Minister has power to do all things necessary or
                          convenient to be done for or in connection with the
10                        performance of the Minister's functions.
                    (3)   Without limiting subsection (2), the Minister may
                          acquire, hold, manage, improve, develop, dispose of
                          and otherwise deal in real and personal property,
                          including for the general purposes of the Department.
15                  (4)   In performing the Minister's functions under this
                          section --
                            (a) the Minister is to have regard to water recycling
                                  and efficient water use measures when planning
                                  the development of new water resources; and
20                          (b) the Minister, where appropriate, is to promote
                                  decision making processes that involve public
                                  consultation.

              10.         Functions and powers of the Minister --
                          relationship to other functions and powers and to
25                        the Corporation
                    (1)   A function or power given to the Minister by this Act is
                          in addition to any other function or power of the
                          Minister.
                    (2)   If the Corporation has a function or power under this
30                        Act that corresponds to a function or power that the
                          Minister has under this Act, the Minister is not to
                          perform that function or exercise that power in

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                 substitution for the Corporation performing that
                 function or exercising that power, unless the contrary
                 intention appears or the context otherwise requires.

       Division 2 -- The Water Resources Ministerial Body
 5   11.         The Water Resources Ministerial Body
           (1)   The Water Resources Ministerial Body is established.
           (2)   The Ministerial Body is a body corporate with
                 perpetual succession.
           (3)   Proceedings may be taken by or against the Ministerial
10               Body in its corporate name.
           (4)   The Ministerial Body is to be governed by the
                 Minister.
           (5)   The Ministerial Body is an agent of the Crown and has
                 the status, immunities and privileges of the Crown.

15   12.         Purpose and nature of the Ministerial Body
           (1)   The Ministerial Body is established to provide a body
                 corporate through which the Minister can perform any
                 of the Minister's functions under this Act, a relevant
                 Act, the Land Administration Act 1997 or the Public
20               Works Act 1902 that can more conveniently be
                 performed by a body corporate than an individual.
           (2)   Despite the employment under the Public Sector
                 Management Act 1994 of ministerial officers for the
                 purpose of assisting the Minister to perform functions
25               that the Minister performs through the Ministerial
                 Body, the Ministerial Body and those officers are not
                 an organisation for the purposes of that Act.

     13.         Execution of documents by the Ministerial Body
           (1)   The Ministerial Body is to have a common seal.


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               (2)   A document is duly executed by the Ministerial Body
                     if --
                        (a) the common seal of the Ministerial Body is
                            affixed to it in accordance with subsections (3)
 5                          and (4); or
                        (b) it is signed on behalf of the Ministerial Body by
                            the Minister; or
                        (c) it is signed on behalf of the Ministerial Body,
                            as authorised under subsection (5), by the CEO
10                          or another officer of the Department.
               (3)   The common seal of the Ministerial Body is not to be
                     affixed to a document except as authorised by the
                     Ministerial Body.
               (4)   The common seal of the Ministerial Body is to be
15                   affixed to a document in the presence of the Minister,
                     and the Minister is to sign the document to attest that
                     the common seal was so affixed.
               (5)   The Ministerial Body may, by writing under its seal,
                     authorise the CEO or another officer of the Department
20                   to sign documents on behalf of the Ministerial Body,
                     either generally or subject to any conditions or
                     restrictions specified in the authorisation.
               (6)   A document purporting to be executed in accordance
                     with this section is to be presumed to be duly executed
25                   until the contrary is shown.
               (7)   A document executed by the CEO or another person
                     under this section without the common seal of the
                     Ministerial Body is not to be regarded as a deed unless
                     it is executed as a deed as authorised under
30                   subsection (5).
               (8)   When a document is produced bearing a seal
                     purporting to be the common seal of the Ministerial
                     Body, it is to be presumed that the seal is the common

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                 seal of the Ministerial Body until the contrary is
                 shown.
           (9)   For the purposes of this Act, a facsimile of --
                   (a) the Ministerial Body's seal; or
 5                (b) the signature of the Minister or a person
                         authorised under subsection (5) to execute
                         deeds or other documents,
                 may be used, and a deed or other document purporting
                 to be endorsed with such a facsimile is, until the
10               contrary is shown, to be regarded as bearing the
                 facsimile under this subsection.

             Division 3 -- Minister to have access to certain
                             information
     14.         Minister to have access to certain information
15         (1)   The Minister may direct a water service licensee to
                 give the Minister specified information, or information
                 relevant to a specified matter, that the Minister
                 considers is relevant to the Minister's functions under,
                 or relating to, this Act or a relevant Act.
20         (2)   The direction must be in writing, must specify the time
                 period (in days) within which it must be complied with
                 and may specify the form and manner in which the
                 information is to be provided.
           (3)   The licensee must comply with the direction even
25               though the direction requires the licensee to give the
                 Minister information that is confidential or
                 commercially sensitive.
           (4)   If the licensee objects to the direction the licensee is to
                 notify the Minister, in writing within 7 days of receipt
30               of the direction, of its objection and any reasons for it.



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                (5)   If the licensee gives a notice to the Minister under
                      subsection (4) --
                         (a) the Minister is to consult with the ERA
                               Minister and, having regard to those
 5                             consultations, is to cancel or confirm the
                               direction; and
                        (b) the licensee is not required to comply with the
                               direction unless it is confirmed.
                (6)   If the Minister confirms a direction --
10                       (a) the Minister must notify the licensee; and
                        (b) the time period within which the direction must
                              be complied with commences on the day on
                              which it is confirmed.
                (7)   The licensee, a subsidiary of the licensee or a person
15                    performing functions for or on behalf of the licensee or
                      subsidiary incurs no civil or criminal liability as a
                      result of complying with the direction, and is not to be
                      regarded for any purpose as being in breach of any
                      duty of confidentiality.
20              (8)   A water services licensee that does not comply with a
                      direction that has not been objected to or that has been
                      confirmed commits an offence.
                      Penalty: $5 000.
                (9)   The Minister must cause a copy of a direction under
25                    subsection (1) (other than a direction that has been
                      cancelled) to be laid before each House of Parliament,
                      or dealt with under section 110, within 14 days after
                      the day on which the direction is given or confirmed
                      (which ever is the later).
30             (10)   The annual report submitted by the accountable
                      authority of the Department under Part 5 of the
                      Financial Management Act 2006 is to list each


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                 direction under subsection (1) in the year (other than a
                 direction that has been cancelled).
      (11)       For the purposes of subsection (9) or (10), the Minister
                 or the accountable authority (which ever is relevant)
 5               may obliterate or omit so much of the direction as is
                 necessary to avoid disclosing confidential or
                 commercially sensitive material.
      (12)       In this section --
                 "ERA Minister" means the Minister administering the
10                    Economic Regulation Authority Act 2003;
                 "water services licensee" means a licensee as defined
                      in section 3 of the Water Services Licensing
                      Act 1995.

     15.         Use or disclosure of information obtained under
15               section 14
           (1)   This section applies to the Minister, a ministerial
                 officer assisting the Minister, an officer of the
                 Department and a person who was such a person.
           (2)   Despite anything else in this Act or a relevant Act, a
20               person to whom this section applies must not disclose
                 information obtained, whether directly or indirectly,
                 under section 14 unless --
                   (a) it is disclosed in the course of duty to a person
                         who is an officer of the Department; or
25                 (b) the Minister considers the disclosure to be in
                         the public interest; or
                   (c) it is disclosed under a written law.
                 Penalty: $12 000 and imprisonment for one year.
           (3)   If the Minister proposes to disclose information under
30               subsection (2)(b), the Minister must notify the person
                 who gave the information under section 14, unless the


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                          Minister considers that it would be contrary to the
                          public interest to delay the disclosure.
                    (4)   The Minister must take into account any comments or
                          objections received, within 7 days of giving the
 5                        notification, from the person notified.
                    (5)   This section does not apply to the extent to which --
                           (a) the information is already in the public domain;
                                  or
                           (b) the information is summary or statistical
10                                information that could not reasonably be
                                  expected to enable particulars relating to a
                                  person or a particular commercial operation to
                                  be ascertained; or
                           (c) the disclosure of the information is authorised
15                                by the person who gave the information under
                                  section 14.
                    (6)   In this section --
                          "ministerial officer" has the meaning given to that
                               term in the Public Sector Management Act 1994.

20                   Part IIA -- The Water Resources Council
              16.         Water Resources Council established
                          The Minister is to appoint 6, 7 or 8 persons to be the
                          members of a body called the Water Resources
                          Council.

25            17.         Membership of the Council
                    (1)   The Minister is, to the extent practicable, to choose the
                          members of the Council in such a way that its
                          membership covers or includes --
                           (a) expertise or experience in water resources
30                              management; and

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                  (b)    expertise or experience in conservation; and
                  (c)    expertise or experience in economic
                         development; and
                  (d)    expertise or experience in community interests;
 5                       and
                   (e)   expertise or experience in law (in the natural
                         resources field); and
                  (f)    expertise or experience in mining; and
                  (g)    expertise or experience in agriculture; and
10                (h)    an indigenous person; and
                   (i)   a person who lives in regional Western
                         Australia.
           (2)   The Minister is to designate one of the members as the
                 chairman.

15   18.         Functions of the Council
           (1)   The Council has the following functions --
                  (a) advising the Minister in relation to the
                       management of water resources generally and
                       on any matter that the Minister refers to it for
20                     advice;
                  (b) consulting with persons, or bodies, having
                       functions under, or related to the purposes of, a
                       water resources Act;
                  (c) advising the Minister on whether the objectives
25                     of each water resources Act are being achieved.
           (2)   In this section --
                 "water resources Act" means an Act that the Minister
                      administers, to the extent to which the Act relates
                      to water resources.




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              19.         Term of office
                    (1)   The term for which a person is appointed to be a
                          member of the Council is to be fixed in the instrument
                          of appointment and is not to exceed 3 years.
 5                  (2)   A person's eligibility for reappointment or the term for
                          which a person may be reappointed is not affected by
                          an earlier appointment.

              20.         Casual vacancy
                    (1)   A member of the Council may at any time resign from
10                        office by notice in writing given to the Minister.
                    (2)   The Minister may remove a person who is a member of
                          the Council from office on the grounds of --
                            (a) mental or physical incapacity to carry out the
                                 person's duties in a satisfactory manner; or
15                          (b) the person being an insolvent under
                                 administration within the meaning of that term
                                 in the Corporations Act 2001 of the
                                 Commonwealth; or
                            (c) neglect of duty; or
20                          (d) misconduct.
                    (3)   If a member of the Council dies, resigns, or is removed
                          from office, the office of the member becomes vacant.

              21.         Remuneration and allowances
                          Members of the Council are entitled to any
25                        remuneration and allowances that the Minister may
                          from time to time determine on the recommendation of
                          the Minister for Public Sector Management.

              22.         Quorum
                          A quorum for a meeting of the Council is any
30                        4 members.

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     23.         Presiding at meetings
           (1)   The chairman, if present, is to preside at a meeting of
                 the Council.
           (2)   If the chairman is not presiding under subsection (1),
 5               the members present at the meeting are to appoint one
                 of their number to preside.

     24.         Disclosure of interests by Council members
           (1)   A member of the Council who has a direct or indirect
                 pecuniary interest in a matter that is before a meeting
10               of the Council must, as soon as possible after the
                 relevant facts have come to his or her knowledge,
                 disclose the nature of the interest to the Council
                 members who are at that meeting.
           (2)   If a member of the Council has, in the opinion of the
15               person presiding at a meeting of the Council, a direct or
                 indirect pecuniary interest in a matter before that
                 meeting, the person presiding may call on the member
                 to disclose the nature of that interest and, in default of
                 any such disclosure, may determine that that interest
20               exists.
           (3)   A disclosure by a member of an interest in a matter or a
                 determination that a member is interested in a matter
                 must be recorded in the record of the meeting
                 concerned.
25         (4)   A member who has made a disclosure of an interest in
                 a matter, or in respect of whom a determination has
                 been made in relation to a matter, may take part in the
                 consideration or discussion of the matter, but not in
                 advising, or any decision related to advising, the
30               Minister on the matter.




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                    (5)   An interest need not be disclosed under this section if it
                          is an interest common to a significant number of
                          persons in the State.

              25.         Procedure at meetings
 5                        Except as otherwise stated in this Act, the Council is to
                          determine its own meeting procedures.

              26.         Minutes
                          The Council is to cause accurate minutes to be kept of
                          the proceedings at its meetings.

10            27.         Staff and other resources of the Council
                    (1)   There is to be an executive officer of the Council.
                    (2)   The executive officer and any other staff whose
                          assistance the executive officer needs are to be made
                          available by the CEO on terms agreed to by the
15                        chairman of the Council and the CEO.
                    (3)   The Council may make use of the services and
                          facilities of the Department on terms agreed to by the
                          chairman of the Council and the CEO.

              28.         Application of the Financial Administration and
20                        Audit Act 1985
                          Acts or things done by or for the Council under this or
                          a relevant Act are to be regarded --
                            (a) as services under the control of the Department
                                  for the purposes of section 52 of the Financial
25                                Management Act 2006; and
                            (b) as part of the operations of the Department for
                                  the purposes of Part 5 of that Act.

                          Part IIB -- Regulations and by-laws
                                                                                       ".

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     108.      Section 34 amended
       (1)     Section 34(1) is amended by deleting "Commission, the
               Corporation or the Coordinator" and inserting instead --
               "    Minister or the Corporation        ".
 5     (2)     Section 34(3)(k) is amended by deleting "and confer functions
               on the Coordinator in relation to those matters".

     109.      Section 36 amended
       (1)     Section 36(1) is amended as follows:
                 (a) paragraph (c) is deleted and the following paragraph is
10                    inserted instead --
                         "
                             (c)   as to provide that where, by reason of the
                                   unavailability of materials or any other reason
                                   that the Minister or the Corporation considers
15                                 valid, any requirement imposed by the Minister
                                   or the Corporation cannot be conformed to in
                                   any particular case, the Minister or the
                                   Corporation may in writing dispense with that
                                   requirement and instead require the use of
20                                 materials or any other matters which the
                                   Minister or the Corporation considers to be
                                   appropriate; or
                                                                                      ";
                   (b)       by inserting at the end of each of paragraphs (a)
25                           and (b) --
                             " or ".
       (2)     Section 36(6) is amended as follows:
                 (a) by deleting "Commission" in the first and third places
                      where it occurs and inserting instead --
30                    " Minister ";



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                (b)   by deleting "Commission" in the second place where it
                      occurs and inserting instead --
                      " Department ".

     110.      Section 38 amended
 5             Section 38(1) is amended by deleting "the Commission or".

     111.      Section 62 amended
        (1)    Section 62(1) is amended by deleting "its" and inserting
               instead --
               " the Minister's or the Corporation's   ".
10      (2)    Section 62(3) is amended as follows:
                 (a) by deleting "Commission" in the first place where it
                      occurs and inserting instead --
                      " Crown ";
                (b) in paragraph (a) by deleting "Commission" and inserting
15                    instead --
                      " Minister ";
                 (c) in paragraph (b) by deleting "Commission" in the first
                      place where it occurs and inserting instead --
                      " Minister ";
20              (d) in paragraph (b) by deleting "Commission" in the
                      second place where it occurs and inserting instead --
                      " Crown ".

     112.      Section 63 amended
        (1)    Section 63(1) is amended as follows:
25               (a) by deleting "Commission" in the first place where it
                      occurs and inserting instead --
                      " Crown ";



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                   (b)   by deleting "Commission" in the second and third places
                         where it occurs and inserting instead --
                         " Minister ".
       (2)     Section 63(2) is amended as follows:
 5               (a) by deleting "Commission" in the first place where it
                      occurs and inserting instead --
                      " Crown ";
                (b) by deleting "Commission" in the second, third and
                      fourth places where it occurs and inserting instead --
10                    " CEO ".

     113.      Section 66 amended
               Section 66 is amended by deleting "Commission" and inserting
               instead --
               "    CEO ".

15   114.      Section 70 amended
               Section 70(2) is amended as follows:
                 (a) by deleting "a person authorized by the Commission or"
                      and inserting instead --
                      " the Minister or a person authorised by ";
20              (b) by deleting "authorized" in the second place where it
                      occurs and inserting instead --
                      " authorised ";
                 (c) by deleting "Commission" in the second and third places
                      where it occurs and inserting instead --
25                    " Minister ".




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     115.         Section 71 amended
                  Section 71(3) is repealed and the following subsection is
                  inserted instead --
              "
 5                (3)   Whenever the Minister, or the Corporation by its
                        officers or agents, enters or has entered on or into any
                        land, premises or thing the person responsible for the
                        conduct of the entry shall, on request, produce
                        evidence of his designation or appointment and give
10                      particulars of the power conferred on the Minister or
                        the Corporation by virtue of which the person claims a
                        right of entry.
                                                                                   ".

     116.         Section 72 amended
15      (1)       Section 72(6) is amended as follows:
                    (a) by deleting "Commission" in the first place where it
                         occurs and inserting instead --
                         " Minister ";
                   (b) by deleting "authorize the Commission or the
20                       Corporation by its officers" and inserting instead --
                  "
                        authorise an officer of the Department, or the
                        Corporation by its officers,
                                                                                   ".
25      (2)       Section 72(7) is amended by deleting "its" and inserting
                  instead --
                  " the Minister's or the Corporation's    ".




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     117.      Section 73 amended
       (1)     Section 73(1) is amended as follows:
                 (a) by deleting "Commission or the Corporation an officer
                      of the Commission" in the first place where it occurs
 5                    and inserting instead --
               "
                         Minister or the Corporation, an officer of the
                         Department
                                                                                    ";
10                 (b)    by deleting "act on behalf of the Commission" and
                          inserting instead --
                          " exercise a power of the Minister ";
                   (c)    by deleting "Commission" in the fourth, fifth and sixth
                          places where it occurs and inserting instead --
15                        " Minister ".
       (2)     Section 73(3) is amended by deleting "Commission" and
               inserting instead --
               "    Department       ".

     118.      Section 78 amended
20     (1)     Section 78(1) is amended as follows:
                 (a) by deleting "Commission" in the first and third places
                      where it occurs and inserting instead --
                      " Minister ";
                (b) by deleting "or the Commission" and inserting
25                    instead --
                      " , the former Commission, the Minister ".
       (2)     Section 78(2) is amended by deleting "or the Commission" and
               inserting instead --
               "    , the former Commission, the Minister       ".


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     119.      Section 79 amended
               Section 79 is amended by deleting "Commission" in the first,
               third and fourth places where it occurs and inserting instead --
               "    Minister    ".

 5   120.      Section 81 amended
        (1)    Section 81(1) is amended as follows:
                 (a) by deleting "Commission" in the first place where it
                      occurs and inserting instead --
                         " Crown ";
10                 (b)   by deleting "subsection (1) of section 84" and inserting
                         instead --
                         " section 84(1) or (1a) ";
                   (c)   by deleting "subsection (2) of that section to be vested in
                         the Commission" and inserting instead --
15                       " section 84(2) to be vested in the Minister ".
        (2)    Section 81(2) is amended as follows:
                 (a) by deleting "Commission" in the first place where it
                      occurs and inserting instead --
                      " Crown ";
20              (b) by deleting "Commission" in the second place where it
                      occurs and inserting instead --
                      " Minister ".
        (3)    Section 81(3) is amended as follows:
                 (a) by deleting "Commission" in the first and fourth places
25                    where it occurs and inserting instead --
                      " Crown ";
                (b) by deleting "Commission" in the second and third places
                      where it occurs and inserting instead --
                      " Minister ".


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     (4)       Section 81(4) is amended as follows:
                (a)    by deleting "Commission" in the first, second and third
                       places where it occurs and inserting instead --
                       " Minister ";
 5              (b)    by deleting "its" and inserting instead --
                       " the Minister's ";
                (c)    by deleting "directed the Commission" and inserting
                       instead --
                       "   decided     ";
10              (d)    by deleting all of the words from and including "as may
                       in the opinion" to and including "be necessary".
     (5)       Section 81(5) is amended by deleting "required".
     (6)       Section 81(6) is amended as follows:
                (a)    by deleting "Commission" in the first and third places
15                     where it occurs and inserting instead --
                       "   Minister    ";
                (b)    by deleting "Commission" in the second place where it
                       occurs and inserting instead --
                       "   Crown      ".
20   (7)       Section 81(8) is repealed and the following subsection is
               inserted instead --
           "
               (8)    For the purposes of this Act or a relevant Act, the
                      Minister may exercise or delegate any power that is by
25                    the Public Works Act 1902 or Parts 9 and 10 of the
                      Land Administration Act 1997 vested in the relevant
                      Minister and in so far as that Act applies, or those Parts
                      apply, to or in relation to the compulsory taking of any
                      land, or the entry on, occupation or use of any land,



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                      under this Act or a relevant Act, any reference in that
                      Act or those Parts --
                        (a) to the relevant Minister, may be read for the
                              purposes of this Act or a relevant Act as a
 5                            reference to the Minister; and
                        (b) to the department of the Public Service
                              principally assisting the relevant Minister in the
                              administration of that Act or those Parts, may
                              be read for the purposes of this Act or a
10                            relevant Act as a reference to the Department,
                      and that Act or those Parts may be construed
                      accordingly.
                                                                                   ".
        (8)    Section 81(10) is repealed.
15      (9)    Section 81(11) is amended as follows:
                (a)    by deleting "Commission" in the first and second places
                       where it occurs and inserting instead --
                       " Minister ";
                (b)    by deleting all of the subsection after "the Minister" and
20                     inserting instead --
                       " may vary the taking accordingly. ".
       (10)    Section 81(12) is amended as follows:
                 (a) by deleting "Minister administering that Act" and
                      inserting instead --
25                    " Land Administration Minister ";
                (b) by deleting "that Minister" and inserting instead --
                      " the Land Administration Minister ".
       (11)    Section 81(14) is amended as follows:
                 (a) by deleting "subsections (8) and (9)" and inserting
30                    instead --
                       " this section     ";

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                   (b)    by inserting in the appropriate alphabetical position --
               "
                         "Land Administration Minister" means the Minister
                            administering the Land Administration Act 1997;
 5                                                                                  ".

     121.      Section 82 amended
               After section 82(1) the following subsection is inserted --
             "
              (1aa)      The conservation, protection or management of water
10                       resources is to be regarded as a public work for the
                         purposes of this Act and Part 9 of the Land
                         Administration Act 1997, even though the
                         conservation, protection or management of water
                         resources may be achieved on or in relation to an area
15                       of land without any works being carried out on the
                         land.
                                                                                    ".

     122.      Section 83 amended
               Section 83(1a) is amended as follows:
20               (a) by deleting "its" in the first place where it occurs and
                      inserting instead --
                      " the Minister's ";
                (b) in paragraph (a) by deleting "its" and inserting
                      instead --
25                    " the Minister's ".

     123.      Section 84 amended
       (1)     Section 84(1) is amended by deleting "the Commission or".




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        (2)        After section 84(1) the following subsection is inserted --
              "
                  (1a)     Where the Minister places or has placed, or causes or
                           permits or has caused or permitted any works or other
 5                         things to be placed upon, in, over or under any land for
                           the purposes of this Act or a relevant Act those works
                           or other things shall be taken to have been lawfully so
                           placed.
                                                                                      ".
10      (3)        Section 84(4) is amended by inserting after "former
                   Authority" --
                   "     , to the former Commission    ".

     124.          Section 86 amended
                   Section 86 is amended as follows:
15                   (a) in the definition of "exempt works", in paragraph (c), by
                          deleting "Commission" and inserting instead --
                          " Minister ";
                    (b) in the definition of "major works", in paragraph (b)(ii),
                          by deleting "directs the Commission or" and inserting
20                        instead --
                          " in the case of the Corporation -- directs ".

     125.          Section 87 amended
        (1)        Section 87 is amended as follows:
                     (a) by inserting before "The" the subsection designation
25                        "(1)";
                    (b) by deleting "Commission or the" in both places where it
                          occurs.




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       (2)       At the end of section 87 the following subsection is inserted --
             "
                 (2)       The Minister may carry out, or undertake the
                           construction or provision of, major works, if --
 5                           (a) the Minister has complied with sections 88 and
                                  89; and
                             (b) the Minister is satisfied that any objections or
                                  comments lodged under section 89 have been
                                  met by amendment of the proposal for the
10                                major works or that it is not in the public
                                  interest to amend the proposal; and
                             (c) a notice of the decision to carry out, or
                                  undertake the construction of or provide, the
                                  works has been published in the Government
15                                Gazette.
                                                                                     ".

     126.        Section 88 amended
                 Section 88(1) is amended as follows:
                   (a) by deleting "Commission or the Corporation shall" in
20                      the first place where it occurs and inserting instead --
                 "
                           Minister must, before carrying out, construction or
                           provision of major works, and the Corporation must
                                                                                     ";
25                   (b)    in paragraph (a) by deleting all of the paragraph from
                            and including "copies to be deposited" and inserting
                            instead --
                            "
                                  copies, to be deposited in the office of the
30                                Department or Corporation nearest to the
                                  locality in which the proposed works are to be
                                  situated; and
                                                                                     ".

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     127.         Section 89 amended
                  Section 89(3) is amended as follows:
                    (a) by deleting "but" and inserting instead --
                         " and, in the case of the Corporation, ";
 5                 (b) by inserting after "for authorization" --
                         " , the Corporation ".

     128.         Section 90 amended
        (1)       Section 90(1) is amended by deleting "the Commission or" in
                  both places where it occurs.
10      (2)       Section 90(2) is amended by deleting "Commission or the".

     129.         Section 91 amended
        (1)       Section 91(1) and (3) are amended by deleting "the Commission
                  or".
        (2)       After section 91(3) the following subsections are inserted --
15            "
                  (4)   If the Minister proposes that major work be
                        substantially altered or extended, the Minister must
                        decide whether the procedures in sections 88 and 89
                        should be complied with in relation to the alteration or
20                      extension.
                  (5)   If the Minister decides that the procedures in
                        sections 88 and 89 should be complied with in relation
                        to the alteration or extension, section 87(2) applies in
                        relation to the alteration or extension as if the
25                      references to major works were references to the
                        alteration or extension.
                                                                                   ".




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     130.        Section 93 amended
                 Section 93(1) is amended as follows:
                   (a) by deleting "Commission" in the first place where it
                        occurs and inserting instead --
 5                      " Minister ";
                  (b) in paragraph (a) by deleting all of the paragraph from
                        and including "deposited" and inserting instead --
                        "
                              deposited in the office of the Department or
10                            Corporation nearest to the locality in which the
                              proposed works are to be situated;
                                                                                   ".

     131.        Section 95 amended
       (1)       Section 95(1), (2) and (3) are amended by deleting "the
15               Commission or" in each place where it occurs.
       (2)       After section 95(4) the following subsection is inserted --
             "
                 (5)   Where the Minister has complied with the requirements
                       of sections 93 and 94 and --
20                       (a) no objections or comments have been received
                               by the time specified in the notices served
                               pursuant to section 93(1); or
                         (b) the Minister is satisfied that any objections or
                               comments material to the proposal have been
25                             met or that it is not in the public interest that
                               they be met,
                       the Minister is authorised to proceed to carry out,
                       construct or provide the general works.
                                                                                   ".




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     132.       Section 97 amended
         (1)    Section 97(3) is amended by deleting "authorized" and inserting
                instead --
                " of authorised works ".
 5       (2)    Section 97(4) is amended by deleting all of the subsection from
                and including "he may authorize" and inserting instead --
                "
                        the Minister may --
                          (a) in the case of works of the Corporation --
10                             authorise the carrying out of the works as so
                               varied; or
                          (b) in the case of works of the Minister -- carry
                               out the works as so varied,
                        despite the provisions of sections 88, 89 and 90, or 93,
15                      94 and 95, not having been complied with.
                                                                                   ".

     133.       Section 103 amended
                Section 103(11) is amended by deleting "Commission" and
                inserting instead --
20              "      CEO ".

     134.       Part X inserted
                After section 103 the following Part is inserted --
     "
                       Part X -- Administrative provisions
25            104.      Delegation by the Minister
                 (1)    The Minister may delegate to --
                         (a) the CEO; or
                         (b) another officer of the Department; or

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               (c)   an officer of another department or an
                     employee of an organisation; or
              (d)    another Minister; or
              (e)    the employing authority of another department
 5                   or organisation; or
               (f)   any other person or body (whether incorporated
                     or not),
             any power or duty of the Minister under a provision of
             this or a relevant Act (other than this section and
10           sections 14 and 106).
       (2)   Without limiting the things that may be delegated to
             the CEO under subsection (1), they include things that
             are to be done in the course of governing the affairs of
             the Ministerial Body under section 11(4).
15     (3)   The delegation must be in writing signed by the
             Minister.
       (4)   A person to whom a power or duty is delegated under
             subsection (1)(b), (c) or (f) cannot delegate that power
             or duty.
20     (5)   A delegation under subsection (1)(d) may expressly
             authorise the other Minister to further delegate the
             power or duty but only to an officer or employee of a
             department administered by the other Minister.
       (6)   A delegation under subsection (1)(a) or (e) may
25           expressly authorise the delegate to further delegate the
             power or duty but only to an officer or employee of the
             department or organisation.
       (7)   A person exercising or performing a power or duty that
             has been delegated to the person under, or as
30           authorised under, this section is to be taken to do so in
             accordance with the terms of the delegation unless the
             contrary is shown.


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                 (8)   Nothing in this section limits the ability of --
                        (a) the Minister to perform a function through an
                              officer or agent; and
                        (b) a Minister or employing authority to whom a
 5                            power or duty is delegated under this section
                              from exercising that power or performing that
                              duty through an officer or agent.
                 (9)   In this section, "department", "employing authority"
                       and "organisation" each have the meaning given to
10                     them in section 3 of the Public Sector Management
                       Act 1994.

              105.     Delegation by the CEO
                 (1)   The CEO may delegate to --
                        (a) another officer of the Department; or
15                      (b) the employing authority of another department
                             or an organisation; or
                        (c) an officer of another department or an
                             employee of an organisation; or
                        (d) any other person or body (whether incorporated
20                           or not),
                       any power or duty of the CEO under another provision
                       of this or a relevant Act.
                 (2)   The delegation must be in writing signed by the CEO.
                 (3)   Except in the case of an officer of the Department, a
25                     power or duty can only be delegated to a person or
                       body under subsection (1) if the person or body has
                       been approved, or is in a class of person or body
                       approved, by the Minister for the purposes of this
                       section.




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        (4)   A person to whom a power or duty is delegated under
              subsection (1)(a), (c) or (d) cannot delegate that power
              or duty.
        (5)   A delegation under subsection (1)(b) may expressly
 5            authorise the delegate to further delegate the power or
              duty but only to an officer or employee of the
              department or organisation.
        (6)   A person or body exercising or performing a power or
              duty that has been delegated to the person or body
10            under, or as authorised under, this section is to be taken
              to do so in accordance with the terms of the delegation
              unless the contrary is shown.
        (7)   Nothing in this section limits the ability of --
               (a) the CEO to perform a function through an
15                   officer or agent; and
               (b) an employing authority to whom a power or
                     duty is delegated under this section from
                     exercising that power or performing that duty
                     through an officer or agent.
20      (8)   In this section, "department", "employing authority"
              and "organisation" each have the meaning given to
              them in section 3 of the Public Sector Management
              Act 1994.

     106.     Directions about Government policy
25      (1)   The Minister may, in writing, direct the Water
              Corporation or a water board to have regard to a
              general policy of the Government relating to water
              resources, to the extent specified in the direction.
        (2)   The Minister must cause a copy of a direction under
30            subsection (1) to be laid before each House of
              Parliament, or dealt with under section 110, within
              14 days after the day on which the direction is given.


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                 (3)   The text of a direction under subsection (1) is to be
                       included in the annual report submitted by the
                       accountable authority of the Department under Part 5
                       of the Financial Management Act 2006.
 5               (4)   In this section --
                       "water board" means a water board constituted under
                            section 6 of the Water Boards Act 1904;
                       "Water Corporation" means the Water Corporation
                            established by section 4 of the Water Corporation
10                          Act 1995.

              107.     Non-public sector staff
                 (1)   The CEO may engage persons as wages staff otherwise
                       than under the Public Sector Management Act 1994.
                 (2)   Persons referred to in subsection (1) are to be
15                     employed, subject to any relevant industrial award,
                       order or agreement, on such terms and conditions as
                       the CEO determines.
                 (3)   Nothing in subsection (2) affects the operation of the
                       Workplace Agreements Act 1993 or Part VID of the
20                     Industrial Relations Act 1979 or section 100 of the
                       Public Sector Management Act 1994.

              108.     Provision of staff, services and facilities
                 (1)   The CEO may arrange with a related entity to provide
                       it with the use of --
25                        (a) the services of any officer or employee of the
                                Department; and
                          (b) any services or facilities of the Department,
                       that are necessary for the entity to perform its
                       functions.




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        (2)   This section does not limit any power the related entity
              has to engage its own staff or provide its own facilities,
              or to enter into any other arrangement for the provision
              to it of staff, services or facilities.
 5      (3)   In this section --
              "related entity" means --
                   (a) a body (whether incorporated or not); or
                   (b) the holder of an office; or
                   (c) a person,
10                 established by or under, or having functions under,
                   this Act or a relevant Act.

     109.     Advisory committees
        (1)   The Minister may establish committees for the purpose
              of advising the Minister on any aspect of the
15            administration of this or a relevant Act, with terms of
              reference in each case determined by the Minister.
        (2)   A member of a committee is entitled to the
              remuneration and allowances (if any) determined by
              the Minister, on the recommendation of the Minister
20            for Public Sector Management.
        (3)   The terms and conditions, other than those referred to
              in subsection (2), applicable to or in relation to a
              person appointed to a committee are to be determined
              by the Minister, from time to time either generally or
25            with respect to a particular appointment.
        (4)   This section does not limit the Minister's power to
              establish committees for any other purpose.

     110.     Laying documents before Parliament
        (1)   If a provision of this Act requires the Minister to cause
30            a document to be laid before each House of Parliament,


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                       or be dealt with under this section, within a period
                       and --
                         (a) at the commencement of the period, a House of
                               Parliament is not sitting; and
 5                       (b) the Minister is of the opinion that the House
                               will not sit during that period,
                       the Minister must transmit a copy of the document to
                       the Clerk of that House.
                 (2)   A copy of a document transmitted to the Clerk of a
10                     House is to be regarded as having been laid before that
                       House.
                 (3)   The laying of a copy of a document that is regarded as
                       having occurred under subsection (2) is to be recorded
                       in the Minutes, or Votes and Proceedings, of the House
15                     on the first sitting day of the House after the Clerk
                       received the copy.

              111.     Protection from liability for wrongdoing
                 (1)   An action in tort does not lie against a person for
                       anything that the person has done, in good faith, in the
20                     performance or purported performance of a function
                       under this or a relevant Act.
                 (2)   The protection given by subsection (1) applies even
                       though the thing done as described in that subsection
                       may have been capable of being done whether or not
25                     this or the relevant Act had been enacted.
                 (3)   Despite subsection (1), the Crown is not relieved of
                       any liability that it might have for another person
                       having done anything as described in that subsection.
                 (4)   Subsection (1) does not apply in respect of the
30                     Corporation.



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        (5)   In this section, a reference to the doing of anything
              includes a reference to an omission to do anything.

     112.     Confidentiality
        (1)   A person who misuses confidential information
 5            obtained by reason of any function that person has, or
              at any time had, in the administration of this or a
              relevant Act commits an offence.
              Penalty: $12 000 and imprisonment for one year.
        (2)   A person misuses confidential information if it is,
10            directly or indirectly, recorded, used or disclosed to
              another person, other than --
                (a) in the course of duty; or
                (b) under this or a relevant Act or any other written
                      law; or
15              (c) with the written permission of the CEO; or
               (d)    for the purposes of the investigation of any
                      suspected offence or the conduct of
                      proceedings against any person for an offence;
                      or
20              (e)   with the consent of the person or persons to
                      whom the information relates; or
                (f)   in circumstances prescribed by the regulations.
        (3)   This section does not apply --
               (a) to or in respect of the Corporation; or
25             (b) to information to which section 15 applies.
        (4)   In this section --
              "confidential information" means information that
                   has not been made public and that --
                   (a) is by its nature confidential; or
30                 (b) was specified to be confidential by the
                         person who supplied it; or

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                            (c)    is known by the person using or disclosing it
                                   to be confidential.
                                                                                          ".

     135.      Various references to "Commission" changed to "Minister"
 5             Each provision of the Act listed in the Table to this section is
               amended by deleting "Commission" in each place where it
               occurs and inserting instead --
               "   Minister       ".
                                             Table
                s. 34(3)(b)                          s. 82(1)
                s. 36(3), (4) and (7)                s. 83(1a), (2) and (3)
                s. 62(1)                             s. 84(2), (3) and (4)
                s. 70(1) and (3)                     s. 88(1)(c)
                s. 71(1) and (2)                     s. 89(2) and (3)
                s. 72(1), (2), (4) and (7)           s. 92
                s. 73(4)                             s. 93(1)(b) and (2)
                s. 75(1) and (2)                     s. 94(2) and (3)
                s. 77(1), (2) and (3)                s. 96
                s. 81(5), (7), (9), (12) and (13)    s. 97(1), (2) and (3)
10             Note: The heading to sections 8 and 96 will be altered by deleting
                     "Commission" and inserting instead "Minister".
                      The heading to section 81 will be altered by deleting "Commission" and
                      inserting instead "Crown".
                      The heading to section 90 will be altered by adding at the end
15                    " -- proposals of the Corporation".




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                       Amendments to the Water Corporation Act 1995     Part 7

                                                                              s. 136



            Part 7 -- Amendments to the Water Corporation
                            Act 1995
     136.        The Act amended
                 The amendments in this Part are to the Water Corporation
 5               Act 1995*.
                 [* Reprint 2 as at 4 July 2004.]

     137.        Section 7 amended
                 After section 7(2)(a) the following paragraph is inserted --
                       "
10                         (ab)   each nomination is made only after consultation
                                  with the Minister administering the Water
                                  Agencies (Powers) Act 1984; and
                                                                                    ".

     138.        Section 49 amended
15     (1)       Section 49 is amended by inserting before "The" the subsection
                 designation "(1)".
       (2)       At the end of section 49 the following subsection is inserted --
             "
                 (2)    If the Minister does not administer the Water Agencies
20                      (Powers) Act 1984, the Minister must consult with the
                        Minister administering that Act prior to taking an
                        action under subsection (1).
                                                                                    ".

     139.        Section 58 amended
25     (1)       Section 58 is amended by inserting before "The" the subsection
                 designation "(1)".




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       (2)       At the end of section 58 the following subsection is inserted --
             "
                 (2)   If the Minister does not administer the Water Agencies
                       (Powers) Act 1984, the Minister must consult with the
5                      Minister administering that Act prior to taking an
                       action under subsection (1).
                                                                                ".




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            Amendments to the Waterways Conservation Act 1976       Part 8

                                                                         s. 140



     Part 8 -- Amendments to the Waterways Conservation
                        Act 1976
     140.    The Act amended
             The amendments in this Part are to the Waterways Conservation
 5           Act 1976*.
             [* Reprinted as at 20 September 2002.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 491 and
                Act No. 38 of 2005.]

10   141.    Long title amended
             The long title is amended by deleting ", for the establishment of
             a Rivers and Estuaries Council and certain Management
             Authorities".

     142.    Heading to Part 1 inserted
15           Before section 1 the following heading is inserted --
     "
                           Part 1 -- Preliminary
                                                                            ".

     143.    Section 3 amended
20           Section 3(1) is amended as follows:
               (a) by deleting the definitions of "Commission",
                    "committee", "Council", "Management Authority" or
                    "Authority" and "the Environmental Protection
                    Authority";
25            (b) by inserting in the appropriate alphabetical positions --
             "
                   "CEO" means the chief executive officer of the
                      Department;


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     s. 144



                     "Department" means the department of the Public
                        Service principally assisting in the administration
                        of this Act;
                                                                              ".
 5   144.      Section 5 amended
               Section 5(3)(c) is amended by deleting "and in the event of any
               dispute thereon the provisions of section 15 shall apply".

     145.      Section 8 amended
               Section 8(2) is amended by deleting "it" and inserting
10             instead --
               " the Minister    ".

     146.      Heading to Part 2 inserted
               After section 8 the following heading is inserted --
     "
15                     Part 2 -- Application of the Act
                                                                              ".
     147.      Section 9 amended
         (1)   Section 9(1) is amended by deleting "The powers of the
               Commission apply" and inserting instead --
20             "   This Act applies   ".
         (2)   Section 9(2) is repealed.
         (3)   Section 9(3) is amended by deleting "the powers of the
               Commission and the relevant Authority shall be deemed to
               apply" and inserting instead --
25             " this Act applies     ".




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                                                                            s. 148



     148.       Section 10 amended
         (1)    Section 10(1) is amended as follows:
                  (a) by deleting "Environmental Protection Authority" and
                       inserting instead --
 5                     " Minister ";
                 (b) in paragraph (a) by deleting "constitute a Management
                       Authority for the area,";
                  (c) in paragraph (a) by deleting "and place the area under
                       the control and management of the Authority so
10                     constituted";
                    (d)    in paragraph (c) by deleting "dissolve a Management
                           Authority, or".
         (2)    Section 10(2) is repealed.
         (3)    Section 10(4) is amended by deleting "the area to which the
15              powers of the Commission or an Authority are to apply unless,
                in the opinion of the Commission" and inserting instead --
                "    a management area unless, in the opinion of the Minister    ".
         (4)    Section 10(5) is amended as follows:
                  (a) by deleting "the waters and associated land to which the
20                     powers of the Commission or an Authority apply or are
                       to apply" and inserting instead --
                       " a management area ";
                 (b) by deleting "section 36 of the Interpretation Act 1918"
                       and inserting instead --
25                     " section 42 of the Interpretation Act 1984 ".

     149.       Heading to Part 3 inserted
                After section 10 the following heading is inserted --
     "
                          Part 3 -- Functions of the Minister
30                                                                               ".

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     s. 150



     150.           Sections 11 to 30 replaced by sections 11 and 12
                    Sections 11 to 30 are repealed and the following sections are
                    inserted instead --
     "
 5            11.         Functions of the Minister
                    (1)   The Minister has the overall responsibility for the
                          conservation of the waters and associated land to which
                          this Act applies and for --
                            (a) the preservation and enhancement of the quality
10                                of the environment and amenity of those waters
                                  and that land; and
                            (b) the control and prevention of any act or
                                  omission which may cause the pollution of
                                  those waters or that land.
15                  (2)   In addition to any other functions of the Minister, the
                          Minister has the following functions --
                            (a) to maintain and manage all areas to which this
                                  Act applies and to carry out works for the
                                  purposes of improving and maintaining the
20                                condition of the waters and associated land to
                                  which this Act applies;
                            (b) to carry out, or cause to be carried out, river
                                  training, dredging, reclamation and structural
                                  works;
25                          (c) to control, under the regulations, acts or
                                  omissions which may cause the pollution of
                                  waters and associated land to which this Act
                                  applies;
                            (d) to promote coordinated action by owners and
30                                occupiers of land, and public authorities having
                                  the control of land adjacent to or associated
                                  with any of the waters to which this Act



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                                                                   s. 150



                    applies, for the control and prevention of
                    pollution;
             (e)    to establish and develop criteria for the
                    assessment of the extent of environmental
 5                  change or pollution;
              (f)   to specify standards and criteria and the
                    methods of sampling and testing to be used for
                    any purpose;
             (g)    to conduct or promote relevant research or enter
10                  into projects for research or the collation of
                    information;
             (h)    to provide advice and disseminate knowledge
                    on the conservation and good management of
                    rivers, inlets and estuaries and of associated
15                  lands;
              (i)   to publish reports and provide information for
                    the purpose of increasing public awareness of
                    the problems and remedies that exist in relation
                    to environmental pollution as it relates to
20                  waters and associated land;
              (j)   to carry out, or cause to be carried out, works
                    for the preservation or enhancement of
                    amenities or facilities for recreation;
             (k)    to control, under the regulations, the excision or
25                  reclamation of any waters or associated land;
              (l)   generally promote, encourage, coordinate and
                    carry out planning and projects in the
                    management and conservation of rivers, inlets
                    and estuaries.
30    (3)   In performing his or her functions under this Act, the
            Minister may arrange for local governments and other
            public authorities to carry out works and may finance
            the works or reimburse the local government or
            authority concerned.


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     s. 150



              12.         Performance of the functions of the Minister
                    (1)   The Minister is to perform his or her functions under
                          this Act --
                            (a) to the extent practicable, in consultation with
 5                                relevant bodies, residents and other persons
                                  affected by the operation of this Act; and
                            (b) to the extent practicable, jointly with relevant
                                  bodies, residents and other persons affected by
                                  the operation of this Act.
10                  (2)   In relation to a management area, the Minister is to
                          perform his or her functions under this Act --
                            (a) in a way that is consistent with the management
                                   programme for that area and any working plan
                                   included in that programme; and
15                          (b) having regard to --
                                      (i) the interests of navigation, fisheries,
                                           agriculture, water supply and recreation
                                           in the area; and
                                     (ii) the natural beauty and amenity of the
20                                         area; and
                                    (iii) the preservation of public rights of
                                           access to the area; and
                                    (iv) the rights acquired by persons in
                                           relation to boat houses, jetties and other
25                                         structures to the extent that the exercise
                                           of those rights is not likely to impair the
                                           environment.
                    (3)   In subsection (1) --
                          "relevant bodies", for any particular area to which this
30                             Act applies, means --
                               (a)   the local government or governments for the
                                     area; and


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                                                                               s. 151



                            (b)    any other public authority exercising
                                   functions in relation to the area; and
                            (c)    other bodies representing persons interested
                                   in the use of the waters and land in the area.
 5                                                                                  ".

     151.         Heading to Part 4 and section 30 inserted
                  Before section 31 the following heading and section are
                  inserted --
     "
10                     Part 4 -- Agreements, management
                         programmes and consultation
            30.         Covenants
                        The Minister may take and enforce covenants as to the
                        conservation of the land and waters to which this Act
15                      applies to the same extent as if the Minister were
                        possessed of adjacent land for the benefit of which the
                        covenant is to have effect.
                                                                                    ".

     152.         Section 31 amended
20                Section 31(1) is amended by deleting "Commission or a
                  Management Authority" and inserting instead --
                  "   Minister    ".

     153.         Section 32 amended
         (1)      Section 32(1) is amended as follows:
25                  (a) by deleting "Minister administering the Land
                         Administration Act 1997" and inserting instead --
                         " Land Administration Minister ";
                   (b) by deleting "Commission" and inserting instead --
                         " Minister ".

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     s. 154



        (2)       Section 32(2) is amended as follows:
                    (a) by deleting "Minister referred to in that subsection" and
                         inserting instead --
                         " Land Administration Minister ";
 5                 (b) in paragraph (b) by deleting "Commission" in each
                         place where it occurs and inserting instead --
                         " Minister ";
                    (c) by deleting "that Minister" and inserting instead --
                         " the Land Administration Minister ".
10      (3)       After section 32(2) the following subsection is inserted --
              "
                  (3)   In this section --
                        "Land Administration Minister" means the Minister
                             administering the Land Administration Act 1997.
15                                                                              ".

     154.         Section 33 amended
        (1)       Section 33(1) is repealed and the following subsection is
                  inserted instead --
              "
20                (1)   The Minister may refer to a local government any
                        matter that may affect the district of the local
                        government for any information and advice the local
                        government may be able to offer and is to have regard
                        to the views of the local government.
25                                                                              ".
        (2)       Section 33(3) is amended as follows:
                    (a) by deleting "Commission or the relevant Management
                         Authority" and inserting instead --
                         " Minister ";
30                 (b) by deleting "an Authority" and inserting instead --
                         " the Minister ";

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                                                                             s. 155



                  (c)    by deleting "Commission or that Management
                         Authority" and inserting instead --
                         " Minister ".

     155.     Section 34 repealed
 5            Section 34 is repealed.

     156.     Section 35 amended
       (1)    Section 35(1) is amended as follows:
                (a) by deleting "Commission, in consultation with the
                     relevant Management Authority and" and inserting
10                   instead --
                     " Minister, in consultation ";
               (b) by deleting all of the subsection from and including "in
                     relation to" and inserting instead --
              "
15                      in relation to waters and associated land to which this
                        Act applies, during the period to which the programme
                        relates.
                                                                                   ".
       (2)    Section 35(2) is amended by deleting "Commission or relevant
20            Management Authority" and inserting instead --
              "    Minister     ".
       (3)    Section 35(4) is amended as follows:
                (a) by deleting "Proposals" and inserting instead --
              "
25                      The Minister must consult publicly, in accordance with
                        section 78, in relation to proposals
                                                                                   ";
                  (b)    by deleting "shall be brought to the notice of persons
                         likely to be affected by being published in a newspaper



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     s. 156



                             circulating in the locality and in such other manner as
                             the Minister may direct, but" and inserting instead --
                             " and ";
                      (c)    by deleting "that newspaper, indicates that the
 5                           representations" and inserting instead --
                  "
                            the newspaper referred to in section 78(3), indicates
                            that submissions
                                                                                       ".
10      (4)       Section 35(5) is amended by deleting all of the subsection from
                  and including "with the approval of " and inserting instead --
                  "     by the Minister.    ".
        (5)       Section 35(6) is amended by deleting "Commission and the
                  relevant Management Authority" and inserting instead --
15                "     CEO ".
        (6)       Section 35(7) is repealed and the following subsection is
                  inserted instead --
              "
                  (7)       If the Minister considers it appropriate, the Minister
20                          may conduct a public inquiry into the establishment of
                            a management programme for the first time for an area
                            and the regulations may provide for the conduct of
                            such an inquiry.
                                                                                       ".
25      (7)       Section 35(8) is amended by deleting "the Management
                  Authority and the Commission recommend and the Minister
                  approves" and inserting instead --
                  " the Minister considers appropriate         ".




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             Amendments to the Waterways Conservation Act 1976       Part 8

                                                                        s. 157



       (8)    Section 35(9) is amended as follows:
                (a) by deleting "Commission may, with the approval of the
                     Minister," and inserting instead --
                     " Minister may ";
 5             (b) by deleting "on behalf of the Commission or
                     Management Authority, and whether or not under the
                     direction of the Commission or that Authority" and
                     inserting instead --
                     " , whether or not under the direction of the Minister ".

10   157.     Section 36 amended
       (1)    Section 36(1) is amended by deleting "Commission" in the first,
              third, fourth and fifth places where it occurs and inserting
              instead --
              "   Minister   ".
15     (2)    Section 36(2) is amended as follows:
                (a) in paragraph (a) by deleting "to it";
               (b) in paragraph (b) by deleting "its" and inserting
                     instead --
                     " the Minister's ";
20              (c) in paragraph (b) by deleting "Commission's" and
                     inserting instead --
                     " Minister's ".
       (3)    Section 36(3) is amended as follows:
                (a) by deleting "it has furnished its" and inserting instead --
25                   " the Minister has given the ";
               (b) by deleting "it" in the second place where it occurs and
                     inserting instead --
                     " the Minister ".




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     s. 158



        (4)    Section 36(4) is amended as follows:
                 (a) by deleting "it" and inserting instead --
                      " the Minister ";
                (b) by deleting "its" in both places where it occurs.

 5   158.      Section 37 amended
        (1)    Section 37(1) is amended as follows:
                 (a) by deleting "the powers of the Commission apply" and
                      inserting instead --
                      " this Act applies ";
10              (b) by deleting "Commission" in the second and third places
                      where it occurs and inserting instead --
                      " Minister ";
                 (c) by deleting "and the relevant Management Authority all
                      such aid, information and facilities as are practicable,
15                    and the Commission shall report to the Minister on the
                      matter when and as often as the Minister requires" and
                      inserting instead --
               "
                    such aid, information and facilities as are practicable
20                                                                            ".
        (2)    Section 37(2) is amended by deleting "in any management area
               or area to which section 31 or section 32 applies" and inserting
               instead --
               " to which this Act applies    ".

25   159.      Section 38 amended
               Section 38(1) is amended as follows:
                 (a) by deleting "Commission" in the first place where it
                      occurs and inserting instead --
                      " Minister ";


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                                                                          s. 160



                    (b)   by deleting "the powers of the Commission apply" and
                          inserting instead --
                          " this Act applies ".

     160.       Sections 39 to 45 repealed
 5              Sections 39, 42, 43 and 45 are repealed.

     161.       Heading to Part 5 inserted
                Before section 46 the following heading is inserted --
     "
                     Part 5 -- Protection of waters and land
10                                                                               ".

     162.       Section 46 amended
                Section 46(2) is repealed.

     163.       Section 48 amended
         (1)    Section 48(1) is amended by deleting "for the time being subject
15              to the powers of the Commission" and inserting instead --
                " to which this Act applies     ".
         (2)    Section 48(3) and (4) are repealed.
         (3)    Section 48(5a) is amended by deleting "1948" and inserting
                instead --
20              "    1982    ".
         (4)    Section 48(9) is amended by deleting "of an offence against
                subsection (3), or".

     164.       Section 49 amended
                Section 49(1) is amended by deleting "Commission or a
25              Management Authority" and inserting instead --
                "    Minister     ".

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     Water Resources Legislation Amendment Bill 2006
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     s. 165



     165.      Section 50 amended
        (1)    Section 50(1) is amended as follows:
                 (a) by deleting "Commission, or the relevant Management
                      Authority," and inserting instead --
 5                    " Minister ";
                (b) by deleting "for the time being subject to its control"
                      and inserting instead --
                      " to which this Act applies ".
        (2)    Section 50(2) is amended as follows:
10               (a) by deleting "Commission and any Management
                      Authority" and inserting instead --
                      " Minister ";
                (b) by deleting "subject to its control or on any associated
                      land" and inserting instead --
15                    " or associated land to which this Act applies ".

     166.      Section 51 amended
               Section 51 is amended by deleting "or a Management
               Authority".

     167.      Section 52 amended
20             Section 52 is amended as follows:
                 (a) by deleting "Commission or a Management Authority"
                      and inserting instead --
                      " Minister ";
                (b) by deleting "subject to its control" and inserting
25                    instead --
                      " to which this Act applies ";
                 (c) by deleting "Commission or that Authority" in both
                      places where it occurs and inserting instead --
                      " Minister ".


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                                                                                 s. 168



     168.         Section 53 amended
                  Section 53 is amended as follows:
                    (a) by deleting "Commission or a Management Authority"
                         and inserting instead --
 5                       " Minister ";
                   (b) by deleting "Commission or that Authority" in the first
                         place where it occurs and inserting instead --
                         " Minister ";
                    (c) by deleting "Commission or that Authority, as the case
10                       may be," and inserting instead --
                         " Minister ".

     169.         Headings to Part 6 and Division 1 inserted
                  After section 53 the following headings are inserted --
     "
15                          Part 6 -- General provisions
                                   Division 1 -- By-laws
                                                                                    ".

     170.         Section 54 replaced
                  Section 54 is repealed and the following section is inserted
20                instead --
     "
            54.         By-laws
                  (1)   The Minister may make by-laws for the purposes of
                        this Act that are applicable in the management area or
25                      areas specified in the by-laws.
                  (2)   By-laws may be made under subsection (1) prescribing
                        or providing for any matter --
                          (a) that is required or permitted by this Act to be
                                prescribed or provided for by by-laws; or

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     s. 171



                         (b)   that is necessary or convenient to be prescribed
                               for the purpose of achieving the objects of
                               this Act.
                  (3)   Before the Minister makes, amends or repeals any
 5                      by-laws the Minister must consult publicly, in
                        accordance with section 78.
                                                                                  ".

     171.         Section 56 amended
        (1)       Section 56(2) and (3) are repealed and the following subsection
10                is inserted instead --
              "
                  (2)   If there is conflict or inconsistency between the
                        provisions of a by-law made under this Act and the
                        provisions of a local law made under this Act, the
15                      provisions of the by-law prevail to the extent of the
                        conflict or inconsistency.
                                                                                  ".
        (2)       Section 56(5) is repealed and the following subsection is
                  inserted instead --
20            "
                  (5)   Local laws made under this section are to be prepared
                        according to the same procedures and requirements as
                        if prepared by the local government under and for the
                        purposes of the provisions of the Local Government
25                      Act 1995.
                                                                                  ".

     172.         Section 57 amended
                  Section 57 is amended by deleting "made under this Act by a
                  Management Authority or a local government" and inserting
30                instead --
                  " or local law made under this Act     ".


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                                                                               s. 173



     173.       Sections 58 and 59 repealed
                Sections 58 and 59 are repealed.

     174.       Heading to Division 2 inserted
                Before section 61 the following heading is inserted --
 5   "
                        Division 2 -- Enforcement provisions
                                                                                     ".

     175.       Section 61 amended
         (1)    Section 61(1) is repealed.
10       (2)    Section 61(2) is amended by deleting all of the words from and
                including ", but" to and including "for that area".
         (3)    Section 61(5)(a) is amended as follows:
                 (a) by deleting subparagraph (i) and inserting instead --
                            "
15                              (i)   a conservation and land management
                                      officer, forest officer, wildlife officer or
                                      ranger, under the Conservation and
                                      Land Management Act 1984; or
                                                                                     ";
20                (b)   by deleting subparagraphs (iii) and (iv).

     176.       Section 62 amended
         (1)    Section 62(1) is repealed.
         (2)    Section 62(2) is amended by deleting all of the words from and
                including ", but" to and including "for that area".

25   177.       Section 63 amended
         (1)    Section 63(1)(a) and (b) are deleted.



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         (2)    Section 63(5) is amended by deleting "Commission or a
                specified Management Authority" and inserting instead --
                "    Minister   ".

     178.       Section 64 amended
 5              Section 64 is amended by deleting "Commission or to the
                Management Authority for the area concerned" and inserting
                instead --
                "    Minister   ".

     179.       Sections 66 and 67 repealed
10              Sections 66 and 67 are repealed.

     180.       Heading to Division 3 inserted
                Before section 68 the following heading is inserted --
     "
              Division 3 -- General offence and procedural provisions
15                                                                           ".
     181.       Section 69 amended
                Section 69(3) is amended as follows:
                  (a) by deleting "Commission or the relevant Management
                       Authority" and inserting instead --
20                     " Minister ";
                    (b)   by deleting "Commission or that Authority" and
                          inserting instead --
                          " Minister ".

     182.       Section 71 amended
25              Section 71(2)(c) is amended by deleting "Commission or a
                Management Authority on behalf of the Commission" and
                inserting instead --
                "    Minister   ".

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                                                                                   s. 183



     183.         Section 75 amended
       (1)        Section 75(1) is repealed and the following subsection is
                  inserted instead --
             "
 5                (1)     In a prosecution or in other legal proceedings instituted
                          under this Act, proof of the following is not required
                          unless evidence is given to the contrary --
                            (a) the particular or general appointment of a
                                  person by the CEO under this Act;
10                          (b) authorisation by the Minister of a person to
                                  make a complaint, prosecute an offence or
                                  otherwise institute proceedings under this Act.
                                                                                      ".
       (2)        Section 75(2) is amended by deleting "land or waters under the
15                control or management of the Commission or a Management
                  Authority" and inserting instead --
                  "     waters or associated land to which this Act applies   ".
       (3)        Section 75(3)(a) and (b) are amended by deleting "Commission
                  or a Management Authority" and inserting instead --
20                "     Minister   ".
       (4)        Section 75(4)(b) and (5) are amended by deleting "chief
                  executive officer of the Commission" and inserting instead --
                  "     CEO ".
       (5)        Section 75(7) is amended by deleting ", the Chairman of a
25                Management Authority, or the chief executive officer or other
                  authorised officer of the Commission or of a Management
                  Authority" and inserting instead --
                  "
                          , the CEO, a delegate of the minister or CEO or a
30                        person otherwise authorised or appointed by the
                          Minister or the CEO under this Act
                                                                                      ".

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     s. 184



         (6)        Section 75(8) is repealed.
         (7)        Section 75(9) is amended by deleting "section 36(2) of the
                    Interpretation Act 1918" and inserting instead --
                    "     section 42(2) of the Interpretation Act 1984   ".

 5   184.           Heading to Division 4 and sections 76 to 81 inserted
                    After section 75 the following heading and sections are
                    inserted --
     "
                            Division 4 -- Administrative provisions
10            76.           Delegation by the Minister
                    (1)     The Minister may delegate to --
                             (a) the CEO; or
                             (b) another officer of the Department; or
                             (c) an officer of another department or an
15                                employee of an organisation; or
                             (d) another Minister; or
                             (e) the employing authority of another department
                                  or organisation; or
                              (f) any other person or body (whether incorporated
20                                or not),
                            any power or duty of the Minister under another
                            provision of this Act.
                    (2)     The delegation must be in writing signed by the
                            Minister.
25                  (3)     A person to whom a power or duty is delegated under
                            subsection (1)(b), (c) or (f) cannot delegate that power
                            or duty.
                    (4)     A delegation under subsection (1)(d) may expressly
                            authorise the other Minister to further delegate the

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      Amendments to the Waterways Conservation Act 1976       Part 8

                                                                       s. 184



                 power or duty but only to an officer or employee of a
                 department administered by the other Minister.
           (5)   A delegation under subsection (1)(a) or (e) may
                 expressly authorise the delegate to further delegate the
 5               power or duty but only to an officer or employee of the
                 department or organisation.
           (6)   A person exercising or performing a power or duty that
                 has been delegated to the person under, or as
                 authorised under, this section is to be taken to do so in
10               accordance with the terms of the delegation unless the
                 contrary is shown.
           (7)   Nothing in this section limits the ability of --
                  (a) the Minister to perform a function through an
                        officer or agent; and
15                (b) a Minister or employing authority to whom a
                        power or duty is delegated under this section
                        from exercising that power or performing that
                        duty through an officer or agent.
           (8)   In this section, "department", "employing authority"
20               and "organisation" each have the meaning given to
                 them in section 3 of the Public Sector Management
                 Act 1994.

     77.         Delegation by the CEO
           (1)   The CEO may delegate to --
25                (a) another officer of the Department; or
                  (b) the employing authority of another department
                       or organisation; or
                  (c) an officer of another department or an
                       employee of an organisation; or
30                (d) any other person or body (whether incorporated
                       or not),


                                                                     page 95
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     s. 184



                     any power or duty of the CEO under another provision
                     of this Act.
               (2)   The delegation must be in writing signed by the CEO.
               (3)   Except in the case of an officer of the Department, a
 5                   power or duty can only be delegated to a person or
                     body under subsection (1) if the person or body has
                     been approved, or is in a class of person or body
                     approved, by the Minister for the purposes of this
                     section.
10             (4)   A person to whom a power or duty is delegated under
                     subsection (1)(a), (c) or (d) cannot delegate that power
                     or duty.
               (5)   A delegation under subsection (1)(b) may expressly
                     authorise the delegate to further delegate the power or
15                   duty but only to an officer or employee of the
                     department or organisation.
               (6)   A person or body exercising or performing a power or
                     duty that has been delegated to the person or body
                     under, or as authorised under, this section is to be taken
20                   to do so in accordance with the terms of the delegation
                     unless the contrary is shown.
               (7)   Nothing in this section limits the ability of --
                      (a) the CEO to perform a function through an
                            officer or agent; and
25                    (b) an employing authority to whom a power or
                            duty is delegated under this section from
                            exercising that power or performing that duty
                            through an officer or agent.
               (8)   In this section, "department", "employing authority"
30                   and "organisation" each have the meaning given to
                     them in section 3 of the Public Sector Management
                     Act 1994.


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      Amendments to the Waterways Conservation Act 1976       Part 8

                                                                       s. 184



     78.         Public consultation
           (1)   If the Minister considers it appropriate to do so, or is
                 required to do so by this Act, the Minister must consult
                 publicly on any proposal for making, amending or
 5               repealing regulations, by-laws, a management
                 programme or a working plan.
           (2)   To consult publicly, the Minister must --
                  (a) if the Minister is of the opinion that the
                        proposal may affect the functions of a body that
10                      is responsible for the planning for, or
                        management of, a natural resource -- submit
                        the proposal to that body; and
                  (b) call for public comment on the proposal in
                        accordance with subsection (3); and
15                (c) consider any submissions made by a body to
                        which a proposal was submitted or a person
                        under subsection (3).
           (3)   The Minister is taken to have complied with
                 subsection (2)(b) if the Minister --
20                 (a) publishes in 2 issues of a daily newspaper
                        circulating in the area or areas concerned a
                        notice outlining the proposal; and
                   (b) includes in the notice a statement --
                           (i) specifying the places at which a copy of
25                              the proposal may be inspected or
                                obtained; and
                          (ii) indicating that written submissions on
                                the proposal may be made by any
                                person within a specified period; and
30                       (iii) showing the address to which
                                submissions may be delivered or posted.




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     s. 184



                    (4)   The period specified under subsection (3)(b)(ii) is not
                          to be less than 30 days after both of the notices referred
                          to in subsection (3)(a) have been published.

              79.         Information officially obtained to be confidential
 5                  (1)   A person who misuses confidential information
                          obtained by reason of any function that person has, or
                          at any time had, in the administration of this Act
                          commits an offence.
                          Penalty: $10 000 or 12 months imprisonment.
10                  (2)   A person misuses confidential information if it is,
                          directly or indirectly, recorded, used, or disclosed to
                          another person, other than --
                            (a) in the course of duty; or
                            (b) under this Act or another law; or
15                          (c) with the consent of the CEO; or
                           (d)    for the purposes of the investigation of any
                                  suspected offence or the conduct of
                                  proceedings against any person for an offence;
                                  or
20                          (e)   with the consent of the person or persons to
                                  whom the information relates; or
                            (f)   in circumstance prescribed in the regulations.
                    (3)   In this section --
                          "confidential information" means information that
25                             has not been made public and that --
                               (a) is by its nature confidential; or
                               (b) was specified to be confidential by the
                                     person who supplied it; or
                               (c) is known by the person using or disclosing it
30                                   to be confidential.



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      Amendments to the Waterways Conservation Act 1976       Part 8

                                                                     s. 184



     80.         Annual reports
           (1)   The Minister may delete from --
                  (a) a copy of a report under the Financial
                       Management Act 2006 (and any accompanying
 5                     document) that is to be laid before a House of
                       Parliament or made public; or
                  (b) any other document of the Department that is to
                       be, or might be, made public,
                 information that is of a commercially sensitive nature,
10               despite section 64 of the Financial Management
                 Act 2006 or an obligation, however arising, to make the
                 document public.
           (2)   Subsection (1) does not apply to the extent to which --
                  (a) the information is already in the public domain;
15                      or
                  (b) the information is summary or statistical
                        information that could not reasonably be
                        expected to enable particulars relating to any
                        person to be ascertained; or
20                (c) disclosure of the information is authorised by
                        each person or organisation to whom it relates.
           (3)   A copy of a document from which any matter has been
                 deleted must --
                   (a) contain a statement, at the place in the
25                       document where the matter was deleted,
                         detailing the reasons for the deletion; and
                   (b) be accompanied by an opinion from the Auditor
                         General stating that the information deleted is
                         commercially sensitive.




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     Part 8        Amendments to the Waterways Conservation Act 1976

     s. 185



              81.         Protection from liability for wrongdoing
                    (1)   An action in tort does not lie against a person other
                          than the Crown for anything that the person has done,
                          in good faith, in the performance or purported
 5                        performance of a function under this Act.
                    (2)   The protection given by subsection (1) applies even
                          though the thing done as described in that subsection
                          may have been capable of being done whether or not
                          this Act had been enacted.
10                  (3)   Despite subsection (1), the Crown is not relieved of
                          any liability that it might have for another person
                          having done anything as described in that subsection.
                    (4)   In this section, a reference to the doing of anything
                          includes a reference to an omission to do anything.
15                                                                                    ".

     185.           Section 76 renumbered
                    Section 76 is renumbered as 82.

     186.           Section 76 (as renumbered) amended
        (1)         Section 76(1) (as renumbered) is repealed and the following
20                  subsection is inserted instead --
              "
                    (1)   The Governor may make regulations prescribing all
                          matters that are required or permitted by this Act to be
                          prescribed, or are necessary or convenient to be
25                        prescribed for giving effect to the purposes of this Act.
                                                                                      ".




     page 100
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             Amendments to the Waterways Conservation Act 1976       Part 8

                                                                                          s. 187



       (2)    Section 76(2) (as renumbered) is amended as follows:
               (a) in paragraph (a) by deleting "land and waters under the
                     control or management of the Commission or a
                     Management Authority" and inserting instead --
 5                   " waters or associated land to which this Act applies ";
               (b) in paragraph (f) by deleting "for the form and use of the
                     seal of the Commission and the conduct of proceedings
                     of the Commission and of the Management
                     Authorities,".

10   187.     Schedule repealed
              The Schedule is repealed.

     188.     Various references to "Commission" changed to "Minister"
              Each provision of the Act listed in the Table to this section is
              amended by deleting "Commission" in each place where it
15            occurs and inserting instead --
              "   Minister      ".
                                             Table
               s. 5(3)                               s. 47(1), (3), (4), (5), (6), (7),
               s. 8(1) and (2)                         (8) and (9)
               s. 36(2), (3), (4) and (5)            s. 48(7) and (8)
               s. 37(2)                              s. 51
               s. 38(2)
               s. 46(3), (4), (5), (6), (7), (8),
                 (9), (10) and (11)
              Note: The heading to section 32 will be altered by deleting "Commission" and
                    inserting instead "Minister".




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     Water Resources Legislation Amendment Bill 2006
     Part 9        Repeal of Acts

     s. 189



                           Part 9 -- Repeal of Acts
     189.       The Water and Rivers Commission Act 1995 repealed
                The Water and Rivers Commission Act 1995 is repealed.

     190.       The Water Supply, Sewerage, and Drainage Act 1912
 5              repealed and savings provision
        (1)     The Water Supply, Sewerage, and Drainage Act 1912 is
                repealed.
        (2)     Despite the repeal of the Water Supply, Sewerage, and
                Drainage Act 1912, the effect of section 2(4) and (5) continues
10              in respect of any act, matter or thing in respect of which those
                subsections had effect prior to their repeal.




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                           Consequential amendments to other Acts    Part 10

                                                                            s. 191



      Part 10 -- Consequential amendments to other Acts
     191.    Conservation and Land Management Act 1984 amended
       (1)   The amendments in this section are to the Conservation and
             Land Management Act 1984*.
 5           [* Reprint 5 as at 24 September 2004.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 77 and
                Act No. 38 of 2005.]
       (2)   Section 3 is amended as follows:
10             (a) by inserting in the appropriate alphabetical position --
             "
                       "Minister (Water Resources)" means the Minister
                          administering the Water Agencies (Powers)
                          Act 1984;
15                                                                              ";
                 (b)    in the definition of "public water catchment area" in
                        paragraph (a) by deleting "Water and Rivers
                        Commission" and inserting instead --
                        " Minister (Water Resources) ";
20               (c)    by deleting the definition of "Water and Rivers
                        Commission".
       (3)   Section 53 is amended by deleting the definition of "Minister
             for Water Resources".
       (4)   Section 54(3)(a)(iii) is amended by deleting "Water and Rivers
25           Commission" and inserting instead --
             "    Minister (Water Resources)      ".
       (5)   Section 58(3) is amended by deleting "Water and Rivers
             Commission" and inserting instead --
             "    Minister (Water Resources)      ".


                                                                         page 103
     Water Resources Legislation Amendment Bill 2006
     Part 10       Consequential amendments to other Acts

     s. 192



        (6)     Section 59(7) is amended by deleting "Minister for Water
                Resources" and inserting instead --
                "    Minister (Water Resources)      ".

     192.       Constitution Acts Amendment Act 1899 amended
 5      (1)     The amendments in this section are to the Constitution Acts
                Amendment Act 1899*.
                [* Reprint 13 as at 18 March 2005.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2005, Table 1, p. 89 and
10                 Acts No. 18 and 38 of 2005.]
        (2)     Schedule V Part 3 is amended as follows:
                  (a) by deleting the item relating to the board of management
                       of the Water and Rivers Commission;
                 (b) by deleting the item relating to management authorities
15                     under the Waterways Conservation Act 1976;
                    (c)   by deleting the item relating to the Rivers and Estuaries
                          Council established by the Waterways Conservation
                          Act 1976;
                    (d)   by inserting before the item relating to the Western
20                        Australia Marine Manning Committee the following
                          item --
                      "
                          The Water Resources Council established by the Water
                               Agencies (Powers) Act 1984.
25                                                                                ".




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                           Water Resources Legislation Amendment Bill 2006
                        Consequential amendments to other Acts    Part 10

                                                                         s. 193



     193.    Energy Operators (Powers) Act 1979 amended
       (1)   The amendments in this section are to the Energy Operators
             (Powers) Act 1979*.
             [* Reprint 4 as at 23 September 2005.
 5              For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 146 and
                Acts No. 33 of 2004, 18 and 38 of 2005 and 8 of 2006.]
       (2)   Section 42(2)(a) is amended by deleting "Water and Rivers
             Commission established by the Water and Rivers Commission
10           Act 1995" and inserting instead --
                    "
                          Minister referred to in the Water Agencies
                          (Powers) Act 1984
                                                                             ".

15   194.    Environmental Protection Act 1986 amended
       (1)   The amendments in this section are to the Environmental
             Protection Act 1986*.
             [* Reprint 5 as at 16 September 2005.
                For subsequent amendments see Western Australian
20              Legislation Information Tables for 2005, Table 1, p. 148 and
                Act No. 38 of 2005.]
       (2)   Section 57 is amended as follows:
               (a) in subsection (2)(b)(ii) by deleting "the Water and
                    Rivers Commission" and inserting instead --
25                         "
                                 a person nominated by the Minister
                                 (Water Resources)
                                                                             ";
              (b)   in subsection (3) by deleting "or from the Water and
30                  Rivers Commission";



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     Water Resources Legislation Amendment Bill 2006
     Part 10       Consequential amendments to other Acts

     s. 195



                    (c)    in subsection (5) by deleting the definition of "Water
                           and Rivers Commission" and inserting instead --
                "
                          "Minister (Water Resources)" means the Minister
 5                           administering the Water Agencies (Powers)
                             Act 1984.
                                                                                    ".

     195.       Financial Management Act 2006 amended
        (1)     The amendment in this section is to the Financial Management
10              Act 2006*.
                [* Act No. 76 of 2006.
                   For subsequent amendments see Act No. 77 of 2006.]
        (2)     Schedule 1 is amended by deleting "Water and Rivers
                Commission".

15   196.       Land Administration Act 1997 amended
        (1)     The amendments in this section are to the Land Administration
                Act 1997*.
                [* Reprint 2 as at 24 June 2005.
                   For subsequent amendments see Western Australian
20                 Legislation Information Tables for 2005, Table 1, p. 242 and
                   Acts No. 18 and 38 of 2005.]
        (2)     Section 160(1)(e) is amended as follows:
                    (a)    by deleting "Commission" in the first place where it
                           occurs and inserting instead --
25                         " CEO ";
                    (b)    by deleting "Commission" in the second place where it
                           occurs and inserting instead --
                           " Department ".




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                        Consequential amendments to other Acts    Part 10

                                                                        s. 197



     197.    Public Sector Management Act 1994 amended
       (1)   The amendment in this section is to the Public Sector
             Management Act 1994*.
             [* Reprint 6 as at 14 May 2004.
 5              For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 368-9
                and Act No. 18 of 2005.]
       (2)   Schedule 2 is amended by deleting item 56.

     198.    Public Works Act 1902 amended
10     (1)   The amendments in this section are to the Public Works
             Act 1902*.
             [* Reprinted as at 1 June 2001.
                For subsequent amendments see Western Australian
                Legislation Information Tables for 2005, Table 1, p. 373 and
15              Act No. 18 of 2005.]
       (2)   Section 5A(ea) is amended by deleting "Water and Rivers
             Commission Act 1995" and inserting instead --
             "   Water Agencies (Powers) Act 1984 ".
       (3)   Section 5B(1)(da) is amended by deleting "Water and Rivers
20           Commission established by the Water and Rivers Commission
             Act 1995 or an officer of that commission" and inserting
             instead --
                    "
                          chief executive officer of the department
25                        principally assisting that Minister in the
                          administration of the Water Agencies (Powers)
                          Act 1984 or an officer of that department
                                                                             ".




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     Water Resources Legislation Amendment Bill 2006
     Part 10       Consequential amendments to other Acts

     s. 199



     199.       Sentencing Act 1995 amended
        (1)     The amendments in this section are to the Sentencing Act 1995*.
                [* Reprint 4 as at 12 August 2005.
                   For subsequent amendments see Western Australian
 5                 Legislation Information Tables for 2005, Table 1, p. 412.]
        (2)     Schedule 1 is amended by deleting the item relating to the
                Waterways Conservation Act 1976.

     200.       Soil and Land Conservation Act 1945 amended
        (1)     The amendment in this section is to the Soil and Land
10              Conservation Act 1945*.
                [* Reprint 6 as at 3 October 2003.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2005, Table 1, p. 417-8
                   and Act No. 38 of 2005.]
15      (2)     Section 4 is amended in the definition of "Public Authority" by
                deleting paragraph (e).

     201.       Water Boards Act 1904 amended
        (1)     The amendments in this section are to the Water Boards
                Act 1904*.
20              [* Reprint 5 as at 12 August 2005.]
        (2)     Section 3(1) is amended by deleting the definition of
                "Commission".
        (3)     Sections 36(1)(c) and (d) and 37 are amended by deleting
                "Commission" in each place where it occurs and inserting
25              instead --
                "   Minister   ".




     page 108
                          Water Resources Legislation Amendment Bill 2006
                                      Transitional provisions    Part 11
                                               Interpretation Division  1
                                                                   s. 202



                Part 11 -- Transitional provisions
                       Division 1 -- Interpretation
     202.   Terms used in this Part
            In this Part --
 5          "assets" means property of any kind whether tangible or
                 intangible, real or personal and, without limiting that
                 meaning, includes --
                 (a) any chose in action; and
                 (b) goodwill; and
10               (c) 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;
15          "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
20               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
25               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 --
                 (a) whether actual, contingent or prospective, liquidated
30                      or unliquidated; or



                                                                    page 109
     Water Resources Legislation Amendment Bill 2006
     Part 11       Transitional provisions
     Division 1    Interpretation
     s. 202



                    (b)    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);
 5              "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;
10              "Minister for the Environment" means the Minister to whom
                     the administration of the Environmental Protection
                     Act 1986 is committed;
                "relevant successor" means --
                     (a) the Minister in relation to a former body and a
15                         function of the former body that, after the transfer
                           time, became a function of the Minister; and
                     (b) 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
20                   (c) the State in relation to assets and liabilities
                           transferred to the State by section 205; and
                     (d) the Ministerial Body in relation to assets and
                           liabilities transferred to the Ministerial Body by
                           section 205;
25              "repealed Act" means the Water and Rivers Commission
                     Act 1995;
                "right" means any right, power, privilege or immunity whether
                     actual, contingent or prospective;
                "transfer order" means an order under section 204;
30              "transfer time" means the time at which section 4 comes into
                     operation.




     page 110
                                Water Resources Legislation Amendment Bill 2006
                                                  Transitional provisions    Part 11
             Transfer of assets, liabilities, accounts, proceedings etc.  Division 2
                                                                              s. 203



     203.      Interpretation Act 1984 not limited
               This Part does not limit the operation of the Interpretation
               Act 1984.

             Division 2 -- Transfer of assets, liabilities, accounts,
 5                            proceedings etc.
     204.      Minister to make transfer orders
       (1)     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 --
10               (a) specifies which assets and liabilities of the Commission
                       are to be assigned to the Ministerial Body by operation
                       of section 205; and
                 (b)   specifies proceedings in which the Ministerial Body is to
                       be substituted for the Commission as a party by
15                     operation of section 205; and
                 (c)   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
20                     Commission; and
                 (d)   specifies land the care, control and management of
                       which is to be placed with the Minister for the
                       Environment by operation of section 206.
       (2)     A transfer order may also deal with incidental or supplementary
25             matters and has effect accordingly.
       (3)     The transfer order may specify things by reference to schedules
               which --
                (a) need not be published in the Gazette; but
                (b) must be available for public inspection,
30             and anything specified in a Schedule is to be taken to be
               specified in the order.

                                                                          page 111
     Water Resources Legislation Amendment Bill 2006
     Part 11       Transitional provisions
     Division 2    Transfer of assets, liabilities, accounts, proceedings etc.
     s. 205



        (4)     A thing may be specified in a transfer order by describing the
                class to which it belongs.
        (5)     Before a transfer order is made specifying anything by reference
                to a Schedule, a copy of which will be required to be delivered
 5              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.
        (6)     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
10              form that meets the requirements of the Registrar.
        (7)     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.
        (8)     A transfer order can only be made before the transfer time.
15      (9)     The fact that a previous transfer order has been made does not
                prevent a further transfer order from being made.
       (10)     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
20              time.

     205.       Transfer of assets and liabilities
                If a transfer order is made, then --
                  (a) at the transfer time --
                           (i) the assets of the Commission specified in the
25                               transfer order are, by operation of this section,
                                 assigned to the Ministerial Body; and
                          (ii) the rest of the assets of the Commission are, by
                                 operation of this section, assigned to the State;
                         and




     page 112
                        Water Resources Legislation Amendment Bill 2006
                                          Transitional provisions    Part 11
     Transfer of assets, liabilities, accounts, proceedings etc.  Division 2
                                                                      s. 205



         (b)    at the transfer time --
                   (i) the liabilities of the Commission specified in the
                         transfer order are, by operation of this section,
                         assigned to and become the liabilities of the
 5                       Ministerial Body; and
                  (ii) the rest of the liabilities of the Commission are,
                         by operation of this section, assigned to and
                         become the liabilities of the State;
                and
10       (c)    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
15              the transfer time; and
         (d)    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
20              in it to the Commission; and
         (e)    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
25              by, or are available against or to --
                   (i) the Ministerial Body, in the case of assets and
                         liabilities assigned by paragraphs (a)(i)
                         and (b)(i); and
                  (ii) the State, in the case of assets and liabilities
30                       assigned by paragraphs (a)(ii) and (b)(ii);
                and
          (f)   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


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     Water Resources Legislation Amendment Bill 2006
     Part 11       Transitional provisions
     Division 2    Transfer of assets, liabilities, accounts, proceedings etc.
     s. 206



                        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 --
                           (i) the Ministerial Body, in the case of assets and
 5                              liabilities assigned by paragraphs (a)(i)
                                and (b)(i); and
                          (ii) the State, in the case of assets and liabilities
                                assigned by paragraphs (a)(ii) and (b)(ii).

     206.       Transfer of care, control and management of reserved land
10      (1)     In this section --
                "Minister for the Environment" means the Minister
                     administering the Environmental Protection Act 1986.
        (2)     Land that, immediately before the transfer time, is under the
                care, control and management of the Commission under the
15              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.
        (3)     Land that, immediately before the transfer time, is under the
                care, control and management of the Commission under an
20              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.
        (4)     Subsections (2) and (3) do not apply to land specified in a
25              transfer order under section 204(1)(d).
        (5)     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
30              relevant enactment as in force after the transfer time.
        (6)     Any conditions to which the care, control or management was
                subject immediately before the transfer time apply to the

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                                                  Transitional provisions    Part 11
             Transfer of assets, liabilities, accounts, proceedings etc.  Division 2
                                                                              s. 207



               Minister or the Minister for the Environment (which ever is
               relevant) after the transfer time.

     207.      The Water and Rivers Commission Account
               The balance, immediately before the transfer time, of the Water
 5             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.

     208.      Commission to complete necessary transactions
10     (1)     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) --
                 (a) the Commission is to be taken to continue to hold that
15                     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
                 (b) the Commission is to take all practicable steps for the
                       purpose of ensuring that the asset or liability is
20                     effectively assigned to the State or the Ministerial Body
                       in accordance with this Division.
       (2)     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
25             the Department under the Financial Management Act 2006.
       (3)     Despite the repeal of the repealed Act, the Commission
               continues in existence for the purpose of performing the
               functions described in subsection (1).
       (4)     The Commission is to perform the functions referred to in
30             subsection (3) through a person appointed by the Minister.
       (5)     The person holds office at the pleasure of the Minister and on
               such terms and conditions as the Minister determines.

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     Water Resources Legislation Amendment Bill 2006
     Part 11       Transitional provisions
     Division 2    Transfer of assets, liabilities, accounts, proceedings etc.
     s. 209



        (6)     The Commission as continued by this section has the powers
                that are necessary or convenient for the purposes of this section.

     209.       The Water Supply, Sewerage, and Drainage Act 1912
        (1)     In this section --
 5              "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.
        (3)     Despite subsection (2), land that, immediately before the
10              transfer time, is under the care, control and management
                (however described) of the body corporate --
                  (a) 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
15                      the Minister, under the Land Administration Act 1997
                        section 46; and
                  (b) 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,
20                      control and management of the Minister, under that
                        enactment as in force after the transfer time.

     210.       Registration of documents
        (1)     In this section --
                "relevant official" means --
25                   (a) the Registrar of Titles; or
                     (b) the Minister administering the Mining Act 1978; or
                     (c) any other person authorised by a written law to
                            record and give effect to the registration of
                            documents relating to property transactions,
30                   according to which of them, if any, has responsibility for a
                     register relating to the relevant property;

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                                                  Transitional provisions    Part 11
             Transfer of assets, liabilities, accounts, proceedings etc.  Division 2
                                                                              s. 211



               "relevant property" means property of a kind affected by this
                    Part, whether it is an estate or interest in land or any other
                    property.
       (2)     The relevant officials are to take notice of this Part and any
 5             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.
       (3)     The Minister is to cause a copy of each transfer order and any
10             Schedule to which it refers to be delivered to each relevant
               official.

     211.      Exemption from State taxes
       (1)     In this section --
               "State tax" includes stamp duty chargeable under the Stamp
15                  Act 1921 and any other tax under a written law.
       (2)     State tax is not payable in relation to --
                 (a) anything that occurs by the operation of this Part; or
                 (b) anything done (including a transaction entered into or an
                       instrument or document of any kind made, executed,
20                     lodged or given) under this Part, or to give effect to this
                       Part, or for a purpose connected with or arising out of
                       giving effect to this Part.
       (3)     The Minister may certify in writing that --
                (a) a specified thing occurred by the operation of this Part;
25                   or
                (b) a specified thing was done under this Part, or to give
                     effect to this Part, or for a purpose connected with or
                     arising out of giving effect to this Part.
       (4)     For all purposes and in all proceedings, a certificate under
30             subsection (3) is sufficient evidence of the matters it certifies,
               except so far as the contrary is shown.


                                                                           page 117
     Water Resources Legislation Amendment Bill 2006
     Part 11       Transitional provisions
     Division 3    Staff etc.
     s. 212



     212.       Rectifying error in transfer order
        (1)     The Minister may, by order published in the Gazette, make any
                provision that is necessary to correct any error in a transfer
                order or a Schedule to which a transfer order refers.
 5      (2)     An order under this section may be made so as to have effect
                from the transfer time.
        (3)     To the extent that a provision of an order under this section has
                effect before the day of its publication in the Gazette,
                section 205 does not, as a result of that provision, operate so
10              as --
                  (a)   to affect, in a manner prejudicial to any person (other
                        than the State, the Ministerial Body, or a Minister,
                        officer or agency of the State), the rights of that person
                        existing before the day of publication; or
15               (b)    to impose liabilities on any person (other than the State,
                        the Ministerial Body, or a Minister, officer or agency of
                        the State) in respect of anything done or omitted to be
                        done before the day of publication.

                               Division 3 -- Staff etc.
20   213.       Transfer of staff
        (1)     At the transfer time, the CEO becomes the employing authority,
                within the meaning of the Public Sector Management Act 1994,
                of each person for whom the board of the Commission was the
                employing authority under that Act immediately before the
25              transfer time.
        (2)     A person whose engagement under section 23(2) of the repealed
                Act is in force immediately before the transfer time becomes, at
                the transfer time, a person engaged by the CEO under the Water
                Agencies (Powers) Act 1984 section 107.




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                                        Transitional provisions     Part 11
                                                      Staff etc. Division 3
                                                                     s. 214



     214.    Transfer of arrangements about use of other staff
             An arrangement between the Commission and an employer
             under the repealed Act section 24 that is in force immediately
             before the transfer time becomes, at the transfer time, an
 5           arrangement between the CEO and the employer.

     215.    Employees' rights preserved
       (1)   Except as otherwise agreed by an employee, the operation of
             this Division does not --
               (a) affect the employee's pay, as that term is defined in the
10                   Public Sector Management (Redeployment and
                     Redundancy) Regulations 1994 regulation 3; or
               (b) affect the employee's existing or accruing rights in
                     respect of annual leave, long service leave, sick leave or
                     any other leave, which are enforceable against the State;
15                   or
               (c) affect any rights under a superannuation scheme; or
               (d) interrupt the continuity of the employee's service.
       (2)   For the purposes of subsection (1)(d), the employee's service
             with the Commission is to be taken to have been with the
20           Department.

     216.    Transfer of contracts for services
             A person engaged by the Commission under a contract for
             services (under the Public Sector Management Act 1994
             section 100) that is in force immediately before the transfer
25           time, is to be taken to have been engaged, at the transfer time,
             by the CEO under that section on the same terms and
             conditions, for the remainder of the duration of the contract.




                                                                       page 119
     Water Resources Legislation Amendment Bill 2006
     Part 11       Transitional provisions
     Division 4    Committees of the Commission
     s. 217



                  Division 4 -- Committees of the Commission
     217.       Transfer of members of committees of the Commission
        (1)     The members of a committee of the board of the Commission
                (established under the repealed Act Schedule 1 clause 15) that
 5              was in existence immediately before the transfer time become,
                at the transfer time, the members of an equivalent committee
                that is to be taken, for all purposes, to have been established by
                the Minister under the Water Agencies (Powers) Act 1984
                section 109.
10      (2)     A committee that is to be taken to have been established
                because of subsection (1) --
                  (a) has the same name as that of the committee from which
                       the members came; and
                  (b) has the same functions (to the extent to which the
15                     functions are not inconsistent with the Water Agencies
                       (Powers) Act 1984 section 109) as those of the
                       committee from which the members came.

        Division 5 -- Former Management Authorities under the
                    Waterways Conservation Act 1976
20   218.       By-laws under the Waterways Conservation Act 1976
                By-laws made under the Waterways Conservation Act 1976
                section 54 by a former Management Authority in relation to a
                management area and in force immediately before the transfer
                time become, at the transfer time, by-laws under that section (as
25              in force after the transfer time) in relation to that management
                area, as if they had been made by the Minister administering the
                Waterways Conservation Act 1976.




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                                         Transitional provisions    Part 11
                                Continuing effect of things done Division 6
                                                                     s. 219



     219.    Proceedings in relation to a former Management Authority
             At the transfer time --
              (a) in relation to any proceedings by or against a former
                     Management Authority commenced before the transfer
 5                   time, the State is substituted for the Authority as a party
                     to the proceedings; and
              (b) any proceedings or remedy that might have been
                     commenced by, or available against or to, a former
                     Management Authority in relation to anything done or
10                   omitted to be done by the Authority, may be
                     commenced by, or are available against or to, the State.

              Division 6 -- Continuing effect of things done
     220.    Continuing effect of licences, directions, determinations,
             notices etc.
15     (1)   A licence, permit or permission (however described) granted
             under an enactment by a former body and in force immediately
             before the transfer time is to be taken, for all purposes, to have
             been granted, at the transfer time, by the relevant successor of
             the former body under that enactment (as in force after the
20           transfer time).
       (2)   A direction, determination or notice (however described) given
             under an enactment by a former body and in force immediately
             before the transfer time is to be taken, for all purposes, to have
             been given or made, at the transfer time, by the relevant
25           successor of the former body under that enactment (as in force
             after the transfer time).

     221.    Completion of things commenced
             Anything commenced to be done by a former body under a
             written law before the transfer time may be continued by the
30           relevant successor of the former body so far as the doing of that
             thing is within the functions of the relevant successor after the
             transfer time.

                                                                       page 121
     Water Resources Legislation Amendment Bill 2006
     Part 11       Transitional provisions
     Division 7    General transitional provisions
     s. 222



     222.       Continuing effect of things done generally
                Any act, matter or thing done or omitted to be done before the
                transfer time by, to or in respect of a former body, to the extent
                that that act, matter or thing --
 5                (a) has any force or significance after the transfer time; and
                  (b) is not governed by another provision of this Part,
                is to be taken, after the transfer time, to have been done or
                omitted by, to or in respect of the relevant successor of the
                former body.

10   223.       Agreements and instruments generally
        (1)     Any agreement or instrument (including subsidiary legislation)
                in force immediately before the transfer time --
                  (a) to which a former body was a party; or
                  (b) which contains a reference to a former body,
15              has effect after the transfer time, to the extent to which the
                agreement or instrument relates to the functions of a relevant
                successor to the former body, as if --
                  (c) the relevant successor were substituted for the former
                        body as a party to the agreement or instrument; and
20                (d) any reference in the agreement or instrument to the
                        former body were (unless the context otherwise
                        requires) amended to be or include a reference to the
                        relevant successor.
        (2)     This section does not apply to any agreement or instrument
25              covered by another provision of this Part.

                  Division 7 -- General transitional provisions
     224.       Confidentiality obligations to continue
        (1)     Despite the repeal of the repealed Act section 34, the section
                continues to apply to a person to whom it applied immediately


     page 122
                            Water Resources Legislation Amendment Bill 2006
                                         Transitional provisions     Part 11
                                  General transitional provisions Division 7
                                                                      s. 225



             before the transfer time as if paragraph (a) of that section were
             amended by inserting "or under another written law" after "this
             Act".
       (2)   Subsection (1) only applies to the extent that another enactment
 5           about the use and disclosure of the information does not apply
             to the person and the information.

     225.    Further transitional provision may be made
       (1)   If there is not sufficient provision in this Part for any matter or
             thing necessary or convenient to give effect to the transition
10           from a former body to a relevant successor, the regulations may
             make that provision.
       (2)   The regulations may be made so as to have effect from the
             transfer time.
       (3)   To the extent that a provision of the regulations has effect on a
15           day that is earlier than the day of its publication in the Gazette,
             the provision does not operate so as --
               (a) to affect, in a manner prejudicial to any person (other
                     than the State, the Ministerial Body or any other
                     authority of the State), the rights of that person existing
20                   before the day of its publication; or
               (b) to impose liabilities on any person (other than the State,
                     the Ministerial Body or any other authority of the State)
                     in respect of anything done or omitted to be done before
                     the day of publication.
25     (4)   The Governor may make regulations for the purposes of this
             section.
       (5)   Regulations may not be made under this section after the end of
             the 24 months after the day on which this Act receives the
             Royal Assent.




                                                                       page 123
     Water Resources Legislation Amendment Bill 2006
     Part 11       Transitional provisions
     Division 7    General transitional provisions
     s. 226



     226.       Saving
                The operation of any provision of this Part is not to be
                regarded --
                  (a) as a breach of contract or confidence or otherwise as a
 5                     civil wrong; or
                  (b) as a breach of any contractual provision prohibiting,
                       restricting or regulating the assignment or transfer of
                       assets or liabilities or the disclosure of information; or
                  (c) as giving rise to any remedy by a party to an instrument
10                     or as causing or permitting the termination of any
                       instrument, because of a change in the beneficial or legal
                       ownership of any asset or liability; or
                  (d) as causing any contract or instrument to be void or
                       otherwise unenforceable; or
15                (e) as releasing or allowing the release of any surety.




     page 124
                              Water Resources Legislation Amendment Bill 2006



                                                                                             Defined Terms



                                     Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                         Provision(s)
assets ........................................................................................................... 202
CEO ............................................................................................................ 202
Commission................................................................................................. 202
Department .................................................................................................. 202
former body ................................................................................................. 202
former Management Authority ..................................................................... 202
liability ........................................................................................................ 202
management area ......................................................................................... 202
Minister ....................................................................................................... 202
Minister for the Environment ........................................................... 202, 206(1)
Ministerial Body .......................................................................................... 202
relevant official........................................................................................ 210(1)
relevant property...................................................................................... 210(1)
relevant successor ........................................................................................ 202
repealed Act................................................................................................. 202
right............................................................................................................. 202
State tax................................................................................................... 211(1)
statutory rule................................................................................................3(4)
the body corporate.................................................................................... 209(1)
transfer order ............................................................................................... 202
transfer time................................................................................................. 202




 


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