369 Establishment of Water Advisory Council
(1) There is to be a Water Advisory Council.(2) The Water Advisory Council is to have at least 13, but not more than 20, members appointed by the Minister, of whom:(a) at least two are to be persons appointed to represent the interests of environmental protection groups, and(b) at least two are to be persons appointed to represent the interests of water user groups, and(c) at least two are to be persons appointed to represent the interests of local councils, and(d) at least one is to be a person having such technical qualifications in connection with environmental protection as the Minister considers appropriate for the functions to be exercised by the Council, and(e) at least one is to be a person having such qualifications in ecology as the Minister considers appropriate for the functions to be exercised by the Council, and(f) at least two are to be persons appointed to represent the interests of catchment management boards and trusts, and(g) at least two are to be Aboriginal persons appointed to represent the interests of Aboriginal persons, and(h) one is to be a person appointed as an independent chairperson for the Council.(3) The regulations may make provision with respect to qualifications for appointment as a member of the Water Advisory Council.(4) Schedule 6 has effect with respect to the constitution and procedure of the Water Advisory Council.
370 Functions of Water Advisory Council
(1) The principal functions of the Water Advisory Council are as follows:(a) to review such draft management plans and implementation programs as the Minister refers to it for review,(b) to investigate matters affecting the management of the water sources throughout the State, including such matters as the Minister refers to it for investigation,(c) to report to the Minister on matters affecting the management of the water sources throughout the State, including such matters as the Minister refers to it for report,(d) to advise the Minister on matters affecting the management of the water sources throughout the State, including such matters as the Minister refers to it for advice.(2) The Water Advisory Council has such other functions as are conferred or imposed on it by or under this or any other Act or law.(3) For the purpose of exercising its functions, the Water Advisory Council may consult with, and receive submissions from, other persons and bodies.(4) It is the duty of the Water Advisory Council to exercise its functions consistently with the principles of ecologically sustainable development.
Part 2 Water Administration Ministerial Corporation
371 Constitution of Water Administration Ministerial Corporation
(1) There is constituted by this Act a corporation with the corporate name “Water Administration Ministerial Corporation”.(2) The affairs of the Ministerial Corporation are to be managed by the Minister.(3) Any act, matter or thing done in the name of, or on behalf of, the Ministerial Corporation by the Minister, or with the authority of the Minister, is taken to have been done by the Ministerial Corporation.(4) The Ministerial Corporation is, for the purposes of any Act, a statutory body representing the Crown.
372 Functions of Ministerial Corporation
(1) The Ministerial Corporation has the following functions:(a) to construct, maintain and operate water management works,(b) to conduct research, collect information and develop technology in relation to water management,(c) to acquire rights to water, whether within or beyond New South Wales,(d) to do anything for the purpose of enabling the objects of this Act to be attained.(2) The Ministerial Corporation may exercise its functions within and beyond New South Wales.(3) The Ministerial Corporation may exercise any of its functions, and may otherwise act, in the name of the Department.(4) It is the duty of the Ministerial Corporation to exercise its functions consistently with the principles of ecologically sustainable development.
(1) With the approval of the Governor, the Ministerial Corporation may enter into commercial operations with respect to:(a) any services developed in connection with the exercise of its functions, and(b) any products or by-products (including intellectual property) resulting from the exercise of its functions, and(c) such other matters as may be prescribed by the regulations.(2) With the approval of the Governor, the Ministerial Corporation may form, or join in forming, a company, partnership or trust for the purpose of exercising its functions under this Act.
374 Application of Public Works Act 1912
(1) For the purposes of the Public Works Act 1912, any works carried out by the Ministerial Corporation under this Act are taken to be authorised works and the Ministerial Corporation is taken to be the Constructing Authority for those works.(2) Part 3 of the Public Works Act 1912 does not apply to or in respect of any works constructed by the Ministerial Corporation under this Act.
(1) The Ministerial Corporation may acquire land for the purposes of this Act by agreement, or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) The acquisition of land by the Ministerial Corporation for the purpose of its transfer to an irrigation corporation or private irrigation board is taken to be for the purposes of this Act if the purpose of the transfer is to enable the irrigation corporation or private irrigation board to exercise its functions under this Act.(3) For the purposes of the Public Works Act 1912, any such acquisition is taken to be for an authorised work, and the Ministerial Corporation is, in relation to that work, taken to be the Constructing Authority.
376 Staff of Ministerial Corporation
The Ministerial Corporation may arrange for the use of the services of any staff or facilities of any government department or public authority.
The Ministerial Corporation may delegate to any person the exercise of any of its functions, other than this power of delegation.
In this Part:Board of Trustees means the Board of Trustees referred to in section 379 (4).
Fund means the Water Investment Trust Fund established by section 384.
Trust means the Water Investment Trust constituted by section 379.
(1) There is constituted by this Act a body corporate with the corporate name of the Water Investment Trust.(2) The Trust has such functions as are conferred or imposed on it by or under this or any other Act or law.(3) The Trust is, for the purposes of any Act, a statutory body representing the Crown.(4) The affairs of the Trust are to be managed by a Board of Trustees.(5) Subject to this section, the constitution and procedure of the Board of Trustees are to be as prescribed by the regulations.
The objects of the Trust are to promote, organise, carry out and fund projects, in both the public and private sectors, for:(a) the restoration and rehabilitation of water sources and their dependant ecosystems, and(b) the construction of works for the more efficient delivery, use and recycling of water, and(c) the conduct of water industry adjustment, business restructuring and industry training, and(d) the conduct of research, and the development of technology, in relation to the matters referred to in paragraphs (a), (b) and (c),in order to maximise the environmental, social and economic benefits of the State’s water sources for present and future generations.
The Trust may, for the purpose of promoting its objects:(a) make grants or loans (either conditionally or subject to conditions) for projects of the kind described in section 380, and(b) supervise the expenditure of money so granted, and(c) establish works programs, and associated budgets, for projects to be carried out or funded by the Trust, and(d) engage in such other activities relating to its objects as the Minister may approve.
(1) The Trust may, with the approval of the Minister, arrange for the use of the services of any staff or facilities of a government department or public authority.(2) For the purposes of this Act, a person whose services are made use of under this section is an officer of the Trust.
The Trust may delegate to a member of the Board of Trustees, or to an officer of the Trust, the exercise of any of its functions, other than this power of delegation.
384 Water Investment Trust Fund
(1) There is to be established in the Special Deposits Account a Water Investment Trust Fund into which are to be paid:(a) such money as may be raised by way of water investment contributions pursuant to this Part, and(b) such money as may be appropriated by Parliament for payment into the Fund, and(c) the proceeds of investment of money in the Fund, and(d) any gift or bequest of money to the Trust, and(e) such other money as is required or permitted to be paid into the Fund.(2) Money in the Trust Fund may be used:(a) for the purpose of enabling the Trust to exercise its functions, and(b) to cover the costs incurred by the Trust in administering this Part.
The Trust is to invest money in the Trust Fund:(a) in the manner authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power on the Trust to invest money, in any manner approved by the Treasurer.
386 Investment levies on water users
(1) The regulations may make provision for or with respect to the fixing, assessing and levying of water investment contributions from persons who hold access licences.(2) Water investment contributions are to be fixed in relation to specified works programs established by the Trust, and so as to yield receipts no greater in total than the amounts budgeted by the Trust in relation to the works program so specified.(3) For the purposes of section 78 (1) (c), a water investment contribution payable by the holder of a licence is taken to be a charge payable in respect of the licence.(4) Part 4 of Chapter 7 applies to and in respect of a water investment contribution levied under this section in the same way as it applies to and in respect of a rate or charge referred to in that Part and, for that purpose, the Trust is taken to be a charging authority.
(1) The Minister may appoint expert advisory panels for the purpose of this Act.(2) An expert advisory panel is to consist of such persons as, in the opinion of the Minister, have the qualifications and expertise appropriate to the matters proposed to be referred to it.(3) An expert advisory panel has the function of investigating, and reporting to the Minister on, such of the following matters as are referred to it for investigation and report:(a) any State Water Management Outcomes Plan to be established under section 6,(b) the terms of reference to be set by the Minister under section 15 for the preparation of a draft management plan,(c) the adequacy and appropriateness of the provisions of a draft management plan submitted to the Minister under section 37 or 40,(d) the effectiveness, in relation to the furthering of the water sharing principles, of any bulk access regime established by a management plan to be made by the Minister under section 41,(e) any management plan in respect of which a review is being carried out under section 43,(f) any implementation program to be established under section 51.
The Minister may establish advisory and other committees for the purposes of this Act.
(1) The Minister may delegate to any person any of the Minister’s functions under this Act, other than this power of delegation.(2) Despite subsection (1), the Director-General may sub-delegate to any person any such function that has been delegated to the Director-General, but only if the terms of the delegation authorise the Director-General to sub-delegate that function.
The Minister may appoint authorised officers, either for the purposes of this Act generally or for the purposes of any specified provisions of this Act.
391 Resolution of disputes between public authorities
(1) Any dispute arising between two or more public authorities as to the exercise of their functions under this Act is to be resolved:(a) by agreement between the Ministers responsible for them, or(b) if the dispute is between Ministers, by the Premier.(2) Each public authority must comply with any directions arising out of the resolution of the dispute under this section.