Part 3 Role, objectives and functions of SCA
Division 1 Role and objectives
The role of the SCA is, subject to and in accordance with this Act:(a) to manage and protect the catchment areas and catchment infrastructure works, and(b) to be a supplier of raw water, and(c) to regulate certain activities within or affecting the outer catchment area as well as the inner catchment area.
(1) The principal objectives of the SCA are as follows:(a) to ensure that the catchment areas and the catchment infrastructure works are managed and protected so as to promote water quality, the protection of public health and public safety, and the protection of the environment,(b) to ensure that water supplied by it complies with appropriate standards of quality,(c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991,(d) to manage the SCA’s catchment infrastructure works efficiently and economically and in accordance with sound commercial principles.(2) In implementing its principal objectives, the SCA has the following special objectives:(a) to minimise risks to human health,(b) to prevent the degradation of the environment.(3) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action.
(1) The SCA has and may exercise the functions conferred or imposed on it by or under this or any other Act.(2) The SCA has the primary function of protecting the quality and quantity of water in catchment areas.(3) The SCA cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the SCA to exercise its functions.
(1) The SCA has the following specific functions:(a) to supply water to the Sydney Water Corporation,(b) to supply water to water supply authorities, prescribed local councils or prescribed county councils,(b1) to supply water to licensed network operators or licensed retail suppliers within the meaning of the Water Industry Competition Act 2006,(c) to supply water to other persons and bodies, but under terms and conditions that prevent the person or body concerned from supplying the water for consumption by others within the State unless the person or body is authorised to do so by or under an Act,(c1) to provide or construct systems or services for supplying water,(c2) to install new works,(c3) to generate and supply hydro-electricity and undertake any associated activities, whether on the SCA’s own account or with others,(d) to manage and protect the catchment areas and the catchment infrastructure works vested in or under the control of the SCA,(e) to protect and enhance the quality of water controlled by the SCA,(f) to undertake research on catchments generally, and in particular on the health of the SCA’s catchment areas,(g) to undertake an educative role within the community.(2) The SCA is required, and has power, to comply with the requirements imposed by or under any other Act in relation to any of its activities.
17 Concurrence and other roles under environmental planning instruments
(1) The SCA has such functions as are necessary or convenient to carry out any concurrence or other role conferred or imposed on it by or under any environmental planning instrument in relation to a catchment area.(1A) For the purpose of enabling the SCA to exercise the functions conferred on it by this section:(a) the SCA has and may exercise the powers conferred on a council under Division 1A of Part 6 of the Environmental Planning and Assessment Act 1979, and(b) an authorised officer has and may exercise the powers conferred by that Division on a person authorised by a council under section 118A (1) of that Act, subject to that Division.(2) This section does not affect the generality of any other provision of this or any other Act.
18 Concurrence and other roles under licensing legislation
(1) The SCA has such functions as are necessary or convenient to carry out any concurrence or other role conferred or imposed on it by the regulations under this Act in relation to the grant of licences under any Act or instrument under any Act so far as they relate to:(a) activities carried out or proposed to be carried out within a catchment area, or(b) activities carried out or proposed to be carried out outside a catchment area but being of such a nature as affect or may affect a catchment area.(2) The regulations under this Act may, on the recommendation of the Minister and with the approval of the Minister administering the Act concerned, make provision for or with respect to:(a) requiring the SCA to be notified of applications for the grant of specified classes of licences, and(b) preventing the grant of specified classes of licences without the concurrence of the SCA.(3) Such a concurrence may be given on conditions, including conditions as to the terms and conditions to be included in or otherwise attached to such a licence.(4) This section does not affect the generality of any other provision of this or any other Act so far as it confers or imposes functions on the SCA, but otherwise has effect despite anything in any other Act.(5) This section does not:(a) authorise the SCA to grant licences, or(b) apply in relation to licences for premises occupied by, or activities carried on by, the SCA.(6) In this section:grant includes issue, approve or amend.
licence includes consent, permit, authority or any other kind of authorisation (however described).
19 Compliance role under other legislation
(1) The SCA has such functions as are necessary or convenient to carry out any inspectorial, enforcement or other role conferred or imposed on it by the regulations under this Act by reference to powers conferred on other persons or bodies under any Act or instrument under any Act so far as they relate to:(a) activities carried out or proposed to be carried out within a catchment area, or(b) activities carried out or proposed to be carried out outside a catchment area but being of such a nature as affect or may affect a catchment area.(2) The regulations under this Act may, on the recommendation of the Minister and with the approval of the Minister administering the Act concerned, make provision for or with respect to conferring or imposing on the SCA any such function, and to specifying the effect or consequences of the exercise of any such function.(3) The SCA may delegate any such function to a member of staff of the Sydney Catchment Authority Division.(4) This section does not affect the generality of any other provision of this or any other Act so far as it confers or imposes functions on the SCA, but otherwise has effect despite anything in any other Act.(5) This section does not apply in relation to:(a) the grant of licences (as referred to in section 18), or(b) activities carried on by the SCA.
(1) The area of operations of the SCA is to be so much of the area of operations that the Sydney Water Corporation had immediately before the commencement of this section as is specified in the initial operating licence of the SCA.(2) The Governor may, by order published in the Gazette, vary the area of operations of the SCA.(3) Sections 40 and 41 of the Interpretation Act 1987 apply to an order under this section as if it were a statutory rule to which those sections apply.(4) Nothing in this section prevents the operating licence from empowering the SCA to exercise functions in or in respect of an area outside the area of operations of the SCA.(5) Nothing in this section affects the area of operations of the Sydney Water Corporation.
21 Facilitating provisions of orders
(1) An order of the Governor for the purposes of this Division may include such provisions as are necessary or convenient for giving effect to the order, including provisions for or with respect to the following:(a) the transfer of staff,(b) the transfer or apportionment of assets, rights and liabilities,(c) the delivery or retention of records,(d) the termination, cessation, dissolution or abolition of anything existing before the order takes effect,(e) the preservation or continuance of anything existing before the order takes effect.(2) Such an order may:(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.
Division 3A Arrangements for drawing water
21A Arrangements for drawing water
(1) Subject to the operating licence, the SCA has control over all water in its water storages or pipelines.(2) Water in the SCA’s water storages or pipelines is available for supply by the SCA.(3) The SCA may enter into an arrangement with any person to permit that person to draw or take water from the SCA’s water storages or pipelines.
Division 4 Arrangements with Sydney Water Corporation
22 Arrangements with Sydney Water Corporation
(1) The SCA is required to enter into arrangements with the Sydney Water Corporation regarding the supply of water by the SCA to the Corporation.(2) The matters with which the arrangements are to deal are to include the following:(a) the standard of quality of the water supplied,(b) the continuity of water supply,(c) the maintenance of adequate reserves of water by the SCA,(d) subject to this Division, the cost to be paid by the Corporation for the supply of water to it.(3) The arrangements may be amended or replaced from time to time.(4) The Treasurer is to be consulted about the terms of the arrangements, including amendments and replacements, before their finalisation.(5) The terms of the arrangements, including amendments and replacements, have no effect unless or until approved by the Minister.(6) The arrangements are to be reviewed as required by:(a) the terms of the arrangements, or(b) the terms of the operating licence, or(c) the Minister.(7) The arrangements are to be amended or replaced at times specified by:(a) the terms of the arrangements, or(b) the terms of the operating licence, or(c) the Minister.(8) Section 38 (Public exhibition of memoranda of understanding) applies, with the necessary modifications, to arrangements under this section in the same way as it applies to memoranda of understanding.(9) Nothing in this Division limits the matters that may be included in the operating licence or limits the terms of the operating licence.
(1) The SCA and the Sydney Water Corporation are required to enter into negotiations for the purpose of entering into, amending or replacing the arrangements as and when required by or under this Division.(2) If it appears to the Premier that negotiations are unable to be finalised, the arrangements are to be entered into, amended or replaced in accordance with the procedures determined by the Premier or are taken to be entered into, amended or replaced in such terms as are determined by the Premier.
24 Role of Tribunal with respect to arrangements
(1) (Repealed)(2) An arrangement under this Division is not to be entered into, amended or replaced except after consultation with the Tribunal and after the Tribunal has furnished a report on the proposed arrangement or amendment to the Minister, the SCA and the Sydney Water Corporation.(3) In furnishing such a report, the Tribunal is to take into consideration any public submissions made under section 22 (8).(4) The Tribunal may investigate the adequacy and operation of the arrangements under this Division at any time, and may furnish a report on any aspect of the arrangements, or their adequacy or operation, to the Minister.(5) Section 33 (Presentation of report to Parliament) applies to a report furnished to the Minister under this section in the same way as it applies to a report of the Tribunal presented to the Minister under section 32.(6) Without limiting the generality of any provisions of the Independent Pricing and Regulatory Tribunal Act 1992, the supply of water by the SCA to the Sydney Water Corporation is capable of being declared to be a government monopoly service within the meaning of that Act.(7) The provisions of this Division and of the arrangements have effect subject to the Independent Pricing and Regulatory Tribunal Act 1992.
Division 5 Financial provisions
24A Sydney Catchment Management Fund
(1) There is established a fund called the Sydney Catchment Management Fund (the Fund).(2) The Fund is to be maintained by the SCA.
The following amounts are to be paid into the Fund:(a) any money appropriated by Parliament for payment into the Fund,(b) any money received by the SCA from the supply of water,(b1) any money received by the SCA from the generation and supply of hydro-electricity,(c) any money received by the SCA in relation to any lease, licence, permit or easement granted by the SCA in respect of land under its ownership or control,(d) any money received by the SCA from the sale of its assets,(e) any fees received by the SCA for the services it supplies,(f) any penalty, fine or forfeiture recovered in proceedings for an offence against this or any other Act, or against the regulations under this or any other Act, being proceedings instituted by or under the direction of, or for on behalf of, the SCA,(g) any money given to the SCA for the express purpose of payment into the Fund,(h) the proceeds of the investment of money in the Fund,(i) any other money required to be paid into the Fund by or under this or any other Act or law.
Money in the Fund may be applied for any or all of the following purposes:(a) capital and recurrent expenditure in relation to the SCA’s works,(b) carrying out and giving effect to plans of management in accordance with section 50 (including payment of money to the Director-General of the Department of Environment and Climate Change in that connection),(c) acquiring land (including an interest in land) as referred to in section 60,(d) the provision of financial assistance for the purpose of funding catchment management activities carried out by other persons and bodies, including local councils, but only if those activities are consistent with the SCA’s objectives,(e) payment of any dividends, tax-equivalents or guarantee fees referred to in section 34 (2) (b), and any dividends of the kind referred to in section 59B of the Public Finance and Audit Act 1983,(f) the costs incurred by the SCA in maintaining the Fund,(g) any other costs and expenses incurred by the SCA in connection with the exercise of its functions.
The SCA may invest money in the Fund in any manner authorised by the Public Authorities (Financial Arrangements) Act 1987.
24E Fees for services supplied by SCA
(1) The SCA may charge, for the supply of any services under this Act or the regulations, such fee as may be prescribed by the regulations for the supply of the service.(2) This section does not apply to the supply of water to the Sydney Water Corporation, or to the supply of any other service whose cost is determined or regulated under any arrangement, operating licence, memorandum of understanding or other instrument under this Act.