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This is a Bill, not an Act. For current law, see the Acts databases.
Water Management Amendment
Bill 2009
No , 2009
A Bill for
An Act to amend the Water Management Act 2000 and the State Water Corporation
Act 2004 with respect to the installation, operation and maintenance of meters; and
for other purposes.
Clause 1 Water Management Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Water Management Amendment Act 2009. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Water Management Amendment Bill 2009
Amendment of Water Management Act 2000 No 92 Schedule 1
Schedule 1 Amendment of Water Management Act 1
2000 No 92 2
[1] Sections 41 (1) and (3), 45 (1), (5) and (6), 47 (2), 50 (1), 54 (1), 71Z (1) and 3
336B (1) 4
Omit "in the Gazette" wherever occurring. 5
Insert instead "on the NSW legislation website". 6
[2] Section 71ZA Removal of certain restrictions on dealings relating to 7
irrigation corporations 8
Omit the section. 9
[3] Section 91I Taking water when metering equipment not working 10
Omit section 91I (4). Insert instead: 11
(4) In this section, metered work means a water management work 12
in connection with which metering equipment has been installed: 13
(a) pursuant to the conditions of an access licence or approval, 14
or 15
(b) pursuant to a direction under section 326, or 16
(c) by or with the written authority of the Ministerial 17
Corporation or the State Water Corporation. 18
[4] Section 91K Meter tampering 19
Omit section 91K (4). Insert instead: 20
(4) This section does not apply to anything: 21
(a) that a duly qualified person, or a person specified under 22
section 326 (2A), does to metering equipment (other than 23
metering equipment that may only be maintained, 24
repaired, modified or replaced by the Ministerial 25
Corporation or the State Water Corporation) for the sole 26
purpose of maintaining, repairing or replacing the 27
equipment, or 28
(b) that is done to metering equipment by or with the written 29
authority of the Ministerial Corporation or the State Water 30
Corporation under this Act or the State Water Corporation 31
Act 2004. 32
Page 3
Water Management Amendment Bill 2009
Schedule 1 Amendment of Water Management Act 2000 No 92
[5] Section 91N 1
Insert after section 91M: 2
91N Corporations not required to hold approvals 3
Nothing in sections 91A-91D requires the Ministerial 4
Corporation or the State Water Corporation to obtain an approval 5
for the construction or use of metering equipment. 6
[6] Section 326 Directions to install and maintain metering equipment 7
Insert ", replace or to properly maintain" after "install" in section 326 (1). 8
[7] Section 326 (2) 9
Omit "A direction". 10
Insert instead "Unless the direction otherwise specifies, a direction". 11
[8] Section 326 (2) 12
Insert "or replace" after "install". 13
[9] Section 326 (2A) 14
Insert after section 326 (2): 15
(2A) A direction under this section may specify the only person or 16
persons who may install, replace, maintain or seal metering 17
equipment. 18
[10] Section 326 (3) 19
Insert "or a person specified under subsection (2A)" after "person". 20
[11] Sections 372A and 372B 21
Insert after section 372: 22
372A Metering equipment functions 23
(1) Conferral of metering equipment functions 24
The Ministerial Corporation may install, test and remove 25
metering equipment. 26
(2) If the regulations so provide, the Ministerial Corporation has the 27
following functions: 28
(a) to maintain, repair, modify and replace metering 29
equipment (whether or not that equipment was installed by 30
the Corporation), 31
(b) to operate metering equipment. 32
Page 4
Water Management Amendment Bill 2009
Amendment of Water Management Act 2000 No 92 Schedule 1
(3) Regulations under subsection (2) may provide that the 1
Ministerial Corporation is, or is not, to exercise such functions to 2
the exclusion of any other person and may limit the exercise of 3
the functions to: 4
(a) specified water sources or classes of water sources, or 5
(b) a specified area, or 6
(c) specified access licences or approvals or classes of access 7
licences or approvals in specified areas, or 8
(d) specified works or classes of works. 9
(4) Operation of section 10
The functions conferred by this section are in addition to any 11
functions conferred on the Ministerial Corporation under this Act 12
or the Water Act 1912 in relation to water management works or 13
other works. 14
(5) This section and any regulations made under this section have 15
effect despite any other provision of this Act or the Water Act 16
1912. 17
(6) A direction under section 326, or a condition of an access licence 18
or approval, ceases to have effect during any period that the 19
exercise of a function is conferred exclusively on the Ministerial 20
Corporation by or under this section, if the direction or condition 21
requires the exercise of, or relates to the exercise of, that function. 22
(7) Subsection (6) does not affect the operation of, or enforcement 23
of, a direction under section 326 or a condition of an access 24
licence or approval in relation to any period before the direction 25
or condition ceased to have effect. 26
(8) In this section, a reference to an access licence or approval 27
includes a reference to an entitlement (within the meaning of 28
clause 2 of Schedule 10) that confers a corresponding authority. 29
372B Interests and rights in metering equipment 30
(1) Metering equipment installed or replaced by the Ministerial 31
Corporation is not the property of the Ministerial Corporation, 32
except as otherwise provided by this Act or the Water Act 1912 33
or regulations under this Act or that Act. 34
(2) No compensation is payable by or on behalf of the Crown to any 35
person who suffers loss or damage because of the removal by the 36
Ministerial Corporation of metering equipment installed by the 37
Ministerial Corporation. 38
Page 5
Water Management Amendment Bill 2009
Schedule 1 Amendment of Water Management Act 2000 No 92
[12] Schedule 9 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Water Management Amendment Act 2009 3
[13] Dictionary 4
Omit "and equipment" from the definition of drainage work. 5
Insert instead ", metering equipment and other equipment". 6
[14] Dictionary, definition of "flood work" 7
Omit "and equipment". 8
Insert instead ", metering equipment and other equipment". 9
[15] Dictionary, definition of "metering equipment" 10
Omit "water or other meter and any ancillary wiring, pipework,". 11
Insert instead "device used for or in connection with measuring the flow of 12
water and any ancillary wiring, pipework, telemetry equipment". 13
[16] Dictionary, definition of "water supply work" 14
Omit "and equipment". 15
Insert instead ", metering equipment and other equipment". 16
Page 6
Water Management Amendment Bill 2009
Amendment of State Water Corporation Act 2004 No 40 Schedule 2
Schedule 2 Amendment of State Water Corporation 1
Act 2004 No 40 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
metering equipment includes any device used for or in 5
connection with measuring the flow of water and any ancillary 6
wiring, pipework, telemetry equipment or apparatus and any 7
supporting structure. 8
[2] Section 21 Ownership of works 9
Insert after section 21 (4): 10
(5) In this section, works includes metering equipment. 11
[3] Section 22A 12
Insert after section 22: 13
22A Metering equipment functions 14
(1) Conferral of functions 15
The Corporation may, if the operating licence so provides, 16
operate, replace, repair, maintain, remove, connect, disconnect or 17
modify metering equipment that the Corporation does not own. 18
(2) The Corporation may from time to time test any metering 19
equipment that it owns or any other metering equipment in 20
respect of which it exercises functions under this section. 21
(3) The regulations may provide that the Corporation is, or is not, to 22
exercise any of its functions with respect to the operation, 23
replacement, repair, maintenance, removal, connection, 24
disconnection or modification of metering equipment under 25
section 21 or this section to the exclusion of any other person and 26
may limit the exercise of any of those functions to: 27
(a) specified water sources or classes of water sources, or 28
(b) a specified area, or 29
(c) specified access licences or approvals or classes of access 30
licences or approvals for specified areas, or 31
(d) specified works or classes of works. 32
Page 7
Water Management Amendment Bill 2009
Schedule 2 Amendment of State Water Corporation Act 2004 No 40
(4) Operation of sections 1
The functions conferred by section 21 and this section in respect 2
of metering equipment are in addition to any functions conferred 3
on the Corporation under the Water Management Act 2000 or the 4
Water Act 1912 in relation to water management works or other 5
works. 6
(5) The conferral of functions by section 21 and this section in 7
respect of metering equipment, and any regulations under this 8
section, have effect despite any other provision of the Water 9
Management Act 2000 or the Water Act 1912. 10
(6) A direction under section 326 of the Water Management Act 11
2000, or a condition of an access licence or approval under that 12
Act, ceases to have effect during any period that the exercise of a 13
function is conferred exclusively on the Corporation by or under 14
section 21 or this section, if the direction or condition requires the 15
exercise of, or relates to the exercise of, that function. 16
(7) Subsections (5) and (6) do not apply to a direction given to the 17
Corporation or an access licence or approval held by the 18
Corporation. 19
(8) Subsection (6) does not affect the operation of, or enforcement 20
of, a direction under section 326 or a condition of an access 21
licence or approval in relation to any period before the direction 22
or condition ceased to have effect. 23
(9) In this section, a reference to an access licence or approval 24
includes a reference to an entitlement (within the meaning of 25
clause 2 of Schedule 10 to the Water Management Act 2000) that 26
confers a corresponding authority. 27
[4] Schedule 4 Savings, transitional and other provisions 28
Insert at the end of clause 1 (1): 29
Water Management Amendment Act 2009 30
Page 8
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