Part 1Part 1 Fish River water supply scheme
In this Part:Fish River water supply works means the concrete dam on Fish River at Oberon, together with:
(a) its associated gravitation main, concrete reservoirs and reticulation systems, and(b) the pumping station at Oberon, and(c) all incidental and connected works, and(d) all additions, amplifications, improvements and extensions to those works.special area means an area of land declared under Division 3 to be a special area.
241 Fish River water supply works controlled by the Minister
The Fish River water supply works are to be controlled and administered by the Minister.
For the purpose of supplying any person with water under this Part, the Minister may at all times use and repair any portion of the Fish River water supply works even if a local council is charged with the care and management of those works.
(1) The Minister may supply water from the Fish River water supply works to any person who enters into a contract with the Minister to accept a supply of water.(2) Any such contract may contain such terms and conditions as the Minister thinks fit.(3) The Minister may from time to time, by order published in the Gazette:(a) fix the price per kilolitre to be paid by any person for water supplied by the Minister in any year, and(b) fix the minimum amount to be paid by any person in any one year irrespective of the quantity of water supplied.
244 Council not to supply outside area without consent
Except with the consent of the Minister, a local council that is supplied with water from the Fish River water supply works must not supply water to any premises situated outside the area of the council.
245 No compensation for failure of supply
The Minister is at all times entitled to discontinue the supply to a local council or other person whenever the Minister considers it necessary in the interests of public health or for the purpose of ensuring a proper supply.
(1) The Governor may, on the recommendation of the Minister, by order published in the Gazette, declare an area of land described in the order to be a special area in relation to the Fish River water supply works.(2) The Minister may recommend an order only if of the opinion that the exercise of the State’s water rights could be adversely affected unless the order is made.
247 Crown land in special areas
(1) Action may not be taken under the Crown Lands Act 1989 in respect of land within a special area unless:(a) the Minister has given approval in writing, and(b) any conditions to which the approval is subject are complied with.(2) The Minister may, in a special area, exercise the functions of a trustee appointed under Part 5 of the Crown Lands Act 1989 without being appointed as such.
248 Exercise of certain functions in special areas
(1) A public agency may not, in relation to land within a special area, exercise functions other than functions under this Part unless notice is first given, as prescribed by the regulations, to the Minister.(2) On receipt of such a notice, the Minister may make such representations to the public agency as the Minister thinks fit.(3) A public agency may not exercise functions contrary to any such representations made by the Minister unless:(a) at least 14 days’ notice has been given to the Minister of the functions intended to be exercised, and(b) that period has expired without the matter being referred as a dispute for determination under this Act.(4) In this section, public agency means:(a) the Governor, or(b) a Minister of the Crown, or(c) a statutory body.
249 Accounts to be kept in Special Deposits Account
There is to be established in the Special Deposits Account an account to be called the “Fish River Water Supply Account”.
(1) Within the Fish River Water Supply Account is to be kept an account to be called the “Fish River Water Supply Working Account”, in this Part referred to as the Working Account.(2) There must be credited to the Working Account all revenue received by the Minister in pursuance of this Part and such amounts as may from time to time be appropriated by Parliament for the purpose.(3) There may be paid out of the Working Account such amounts as are necessary to pay for:(a) the costs of administering the Fish River water supply scheme, and(b) the costs of operating and maintaining the Fish River water supply works, and(c) the costs of replacing, augmenting and extending the Fish River water supply works.
(1) When in any year the revenue received by the Minister is insufficient to meet the charges payable to the Working Account under this Division, the Treasurer may, out of money provided by Parliament, pay to the Working Account the amount of such deficiency.(2) Any money paid to the Working Account must, after payment of the charges payable to the Working Account under this Division, be repaid to the Treasurer out of any balance remaining in the Working Account with interest at such rate and at such times and by such instalments as the Treasurer may determine.
(1) The regulations may make provision for or with respect to special areas.(2) A regulation made for or with respect to a special area prevails to the extent of any inconsistency with a statutory instrument made under another Act, including an environmental planning instrument made under the Environmental Planning and Assessment Act 1979.