Part 2 Hunter Water Corporation
4 Establishment of Corporation as a statutory SOC
(1) There is constituted by this Act a corporation with the corporate name of the Hunter Water Corporation.(2) (Repealed)
(1) The Corporation has the functions conferred or imposed on it by or under this or any other Act or law.(2) The principal functions of the Corporation are those that are referred to in section 12 and that are the subject of one or more operating licences.(3) Subject to the terms of any operating licence, the Corporation may:(a) provide facilities or services that are necessary, ancillary or incidental to its principal functions, and(b) conduct any business or activity (whether or not related to its principal functions) that it considers will further its objectives.(4) This section does not limit the functions of the Corporation apart from this section, but is subject to the provisions of this Act, the State Owned Corporations Act 1989 and any other Act or law.
(1) The board of the Corporation is to consist of the following:(a) a chairperson, appointed by the voting shareholders of the Corporation,(b) 6 directors, appointed for their relevant expertise by the voting shareholders of the Corporation,(c) one director, appointed under subsection (2),(d) the Chief Executive Officer of the Corporation.(2) The director referred to in subsection (1) (c) is to be appointed by the voting shareholders of the Corporation on the recommendation of a selection committee comprising:(a) 2 persons nominated by the voting shareholders, and(b) 2 persons nominated by Unions NSW,being a person selected by the committee from a panel of 3 persons nominated by Unions NSW.(3) The procedures for constituting a selection committee for the purposes of subsection (2), for making nominations and for determining other matters relating to the selection process are to be determined by the regulations or (subject to the regulations) by the voting shareholders of the Corporation.(4) Subsections (1)–(3) have effect despite the provisions of section 20J (2), (3) and (4) of, and clauses 2 (1) and 4 of Schedule 8 to, the State Owned Corporations Act 1989.
(1) The Premier may not nominate:(a) the portfolio Minister of the Corporation, or(b) a Minister administering the Environmental Planning and Assessment Act 1979, the Water Management Act 2000, the Protection of the Environment Administration Act 1991 or the Public Health Act 2010,as a voting shareholder of the Corporation.(2) However, the portfolio Minister of the Corporation is authorised to attend meetings of the shareholders of the Corporation.(3) If a Minister nominated by the Premier as a voting shareholder of the Corporation becomes the portfolio Minister of the Corporation or the Minister who is responsible for the administration of any of the Acts referred to in subsection (1) (b), the Premier must, as soon as practicable, revoke the nomination of the Minister as a voting shareholder and nominate another Minister in the Minister’s place.(4) The portfolio Minister is to answer all questions directed to the Minister in Parliament in relation to the administration of this Act.