369, 370(Repealed)
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,(a1) to construct, maintain and operate gauging stations and other monitoring equipment,(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.(1A) The Ministerial Corporation has such other functions as are conferred or imposed on it by or under this or any other Act or law.(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.(5) It is the duty of the Ministerial Corporation to exercise its function of issuing a Snowy water licence under Part 5 of the Snowy Hydro Corporatisation Act 1997 consistently with the terms of the Snowy Water Inquiry Outcomes Implementation Deed.(6) In subsection (5), Snowy Water Inquiry Outcomes Implementation Deed means the deed under that title that was entered into on behalf of the Commonwealth, New South Wales and Victoria on 3 June 2002, as that deed is amended from time to time in accordance with its terms.
372A Metering equipment functions
(1) Conferral of metering equipment functions
The Ministerial Corporation may install, test and remove metering equipment.(2) If the regulations so provide, the Ministerial Corporation has the following functions:(a) to maintain, repair, modify and replace metering equipment (whether or not that equipment was installed by the Corporation),(b) to operate metering equipment.(3) Regulations under subsection (2) may provide that the Ministerial Corporation is, or is not, to exercise such functions to the exclusion of any other person and may limit the exercise of the functions to:(a) specified water sources or classes of water sources, or(b) a specified area, or(c) specified access licences or approvals or classes of access licences or approvals in specified areas, or(d) specified works or classes of works.(4) Operation of section
The functions conferred by this section are in addition to any functions conferred on the Ministerial Corporation under this Act or the Water Act 1912 in relation to water management works or other works.(5) This section and any regulations made under this section have effect despite any other provision of this Act or the Water Act 1912.(6) A direction under section 326, or a condition of an access licence or approval, ceases to have effect during any period that the exercise of a function is conferred exclusively on the Ministerial Corporation by or under this section, if the direction or condition requires the exercise of, or relates to the exercise of, that function.(7) Subsection (6) does not affect the operation of, or enforcement of, a direction under section 326 or a condition of an access licence or approval in relation to any period before the direction or condition ceased to have effect.(8) In this section, a reference to an access licence or approval includes a reference to an entitlement (within the meaning of clause 2 of Schedule 10) that confers a corresponding authority.
372B Interests and rights in metering equipment
(1) Metering equipment installed or replaced by the Ministerial Corporation is not the property of the Ministerial Corporation, except as otherwise provided by this Act or the Water Act 1912 or regulations under this Act or that Act.(2) No compensation is payable by or on behalf of the Crown to any person who suffers loss or damage because of the removal by the Ministerial Corporation of metering equipment installed by the Ministerial Corporation.
(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.
In this Part:Agreement means the Murray-Darling Basin Agreement set out in Schedule 1 to the Water Act 2007 of the Commonwealth.
Basin Officials Committee means the committee of that name established under the Agreement.
386B Appointments to Basin Officials Committee
(1) The Minister is authorised to appoint, under and in accordance with the terms of the Agreement:(a) a person as a member of the Basin Officials Committee representing the State, and(b) a person to act as the member of the Basin Officials Committee in place of the member appointed under paragraph (a).(2) The Minister may, at any time, terminate the appointment of any such person.(3) The regulations may make provision for or with respect to the appointment of, or the holding of office by, any such person.
386C Minister may act for Government of NSW
The Minister is authorised to act on behalf of the State as a Contracting Government under the Agreement.
386D Authorisation of works, operations and measures under the Agreement
Subject to the law of this State and the Agreement:(a) the construction, maintenance, operation and control in the State of any works under the Agreement, and(b) the carrying out of any of the operations referred to in the Agreement, and(c) the implementation of any measures referred to in the Agreement,are authorised.
386E Constructing Authority for NSW
(1) The Ministerial Corporation, the State Water Corporation constituted under the State Water Corporation Act 2004 and any other public authority authorised by the Minister by notice published in the Gazette are each Constructing Authorities for the purposes of the Agreement and authorised to carry out the functions of a Constructing Authority under the Agreement.(2) The Minister may determine any dispute as to which authority should act as the Constructing Authority for a particular work, operation or measure.
386F Certain documents to be tabled in Parliament
The Minister is to table or cause to be tabled in each House of Parliament:(a) a copy of each annual report of the Murray-Darling Basin Authority received by the Minister under the Water Act 2007 of the Commonwealth, and(b) a copy of each amendment of the Agreement that takes effect under the terms of the Agreement,within 15 sitting days of that House after the report is received or the amendment takes effect (as the case requires).
(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.
(1) The Minister may establish a Water Innovation Council for the purposes of this Act.(2) The Water Innovation Council is to consist of such persons as, in the opinion of the Minister, have the qualifications and expertise appropriate to the function of the Council.(3) The function of the Water Innovation Council is to advise the Minister and catchment management authorities on the identification and pursuit of measures for water conservation, including measures for:(a) the recovery of water (that is, preventing the loss of water from uncapped bores, porous irrigation channels, evaporation and the like), and(b) the re-use of water, and(c) the efficient use of water.The Council is also to advise the Minister on any other matter that is referred by the Minister for advice.
(4) Provisions with respect to the members and procedure of the Water Innovation Council or any other advisory body established under this section are, subject to any requirements of the regulations, to be determined by the Minister.
The Minister may establish advisory and other committees for the purposes of this Act.
(1) The Minister may delegate to any person any functions conferred or imposed on the Minister by or 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.
389A Conferral of water management functions on catchment management authorities
(1) The Minister may authorise a catchment management authority to exercise the following functions:(a) assisting the Minister or a management committee in the development of, in consultations about or in the implementation of management plans,(b) managing adaptive environmental water under access licences,(c) monitoring water quality and other environmental health objectives of management plans (including in connection with a review or audit of any such plan).(2) A catchment management authority may, with the approval of the Minister, acquire, hold and deal with access licences.(3) This section does not limit section 389.
390 Authorised officers and analysts
(1) 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.(2) The Minister may appoint authorised analysts for the purposes 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.
391A Interstate arrangements in relation to access licences and approvals
(1) The Minister may enter into arrangements with a Minister of any other State or Territory with respect to the carrying out of administrative functions in relation to access licences or approvals, and their equivalents in the other State or Territory, in cases referred to in section 71W (2) or 89 (2).(2) Without limiting subsection (1), such arrangements may be made with respect to the following:(a) the collection of fees, charges and civil penalties,(b) the keeping of water allocation accounts.