Schedule 4 Savings, transitional and other provisions
(Section 103)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2 Deemed coverage declarations
(1) Subject to any revocation declaration under Division 3 of Part 3 of this Act, each service specified in Column 1 of the Table to this clause is taken to be the subject of a coverage declaration for the period specified in relation to that service in Column 2 of that Table.(2) In the Table to this clause, a reference to a reticulation network is a reference to that part of Sydney Water Corporation’s sewerage infrastructure into which sewage is discharged from a customer’s connection point for conveyance to a treatment plant.
Table
Column 1
Column 2
Description of service
Period of coverage
Services within the Sydney Water Corporation’s area of operations
Sewerage: Bondi Reticulation Network
Connection of another party’s works to Sydney Water Corporation’s Bondi Reticulation Network
1 January 2007 to 31 December 2056 (inclusive)
Conveyance of sewage through Sydney Water Corporation’s Bondi Reticulation Network from the premises of another party’s customers to the points where the Network connects with the other party’s works
1 January 2007 to 31 December 2056 (inclusive)
Sewerage: Malabar Reticulation Network
Connection of another party’s works to Sydney Water Corporation’s Malabar Reticulation Network
1 January 2007 to 31 December 2056 (inclusive)
Conveyance of sewage through Sydney Water Corporation’s Malabar Reticulation Network from the premises of another party’s customers to the points where the Network connects with the other party’s works
1 January 2007 to 31 December 2056 (inclusive)
Sewerage: North Head Reticulation Network
Connection of another party’s works to Sydney Water Corporation’s North Head Reticulation Network
1 January 2007 to 31 December 2056 (inclusive)
Conveyance of sewage through Sydney Water Corporation’s North Head Reticulation Network from the premises of another party’s customers to the points where the Network connects with the other party’s works
1 January 2007 to 31 December 2056 (inclusive)
3 References to access licences under Water Management Act 2000
The reference in section 6 (2) of this Act to an access licence under the Water Management Act 2000 includes, in relation to any land or water source not subject to that Act, a reference to a licence or permit under the Water Act 1912.
Part 3 Provisions consequent on enactment of Water Industry Competition Amendment Act 2011
In this Part:amending Act means the Water Industry Competition Amendment Act 2011.
5 Approval of new approved ombudsman scheme before commencement of amendments to Division 1 of Part 5
(1) For the purpose of facilitating the application of an approved ombudsman scheme to entitled persons in relation to the exercise of functions under Division 2 of Part 6 (as inserted by the amending Act) and to small retail customers of sewerage services, the Minister may before the relevant day approve an existing or new ombudsman scheme under section 49 as if all of the amendments made to Division 1 of Part 5 by the amending Act had commenced on the date of assent to that Act.(2) An ombudsman scheme approved as provided by subclause (1) has effect on and from the relevant day.(3) The provisions of this clause are in addition to, and do not derogate from, the provisions of section 26 of the Interpretation Act 1987.(4) In this clause:relevant day means the day on which the amendment to section 49 (1) made by the amending Act commences.
6 Transitional period in relation to enforcement of new statutory licensing conditions
(1) The Minister may not take enforcement action under section 16 during the applicable transitional period in relation to any of the following licence conditions imposed by section 50 (as amended by the amending Act):(a) the condition imposed by section 50 (1), but only in its application to any retail supplier who provides sewerage services under its retail supplier’s licence,(b) the condition imposed by section 50 (2).(2) The applicable transitional period in relation to a licence condition referred to in subclause (1) is the period of 3 months commencing on the day on which the amendment made by the amending Act that imposes the condition concerned commences.
7 Ownership of water industry infrastructure
(1) Subject to the regulations, section 64 (1) (as substituted by the amending Act) is taken on and from the relevant day to extend to:(a) any water industry infrastructure constructed or installed before the relevant day, and(b) any water industry infrastructure constructed or installed before the relevant day the title to which has subsequently been acquired by another person (whether before, on or after the relevant day).(2) The regulations may make provision for or with respect to the application of section 64 (1) (as substituted by the amending Act) to water industry infrastructure constructed or installed before the relevant day.(3) In this clause:relevant day means the day on which section 64 (1) is substituted by the amending Act.