16DOrders providing for supply of certain water entitlements

16D Orders providing for supply of certain water entitlements

[Section 16D Inserted by No. 17 of 2011, s. 4, Applied:06 Jul 2011]

(1)  [Section 16D Subsection (1) amended by No. 24 of 2019, s. 7, Applied:02 Sep 2019] This section applies once, under section 16C , a water entitlement agreement has been validly made in respect of –

(a) entitlement holders collectively; or

(b) any group of entitlement holders; or

(c) any individual entitlement holder; or

(d) any combination under paragraphs (b) and (c) .

(2)  [Section 16D Subsection (2) amended by No. 24 of 2019, s. 7, Applied:02 Sep 2019] For the purposes of this Division, the Water Minister, by order, is to confer, on the entitlement holders, an authorisation to take water under the Irrigation Clauses Act 1973 or Water Management Act 1999 .

(3)  The order –

(a) [Section 16D Subsection (3) amended by No. 24 of 2019, s. 7, Applied:02 Sep 2019] is to fix the amount of water to be made available under section 16B(1) to the entitlement holders; and

(b) may do all or any of the following:

(i) appoint one or more water districts under the Water Management Act 1999 ;

(ii) prescribe conditions relating to the discharge of the HEC's obligation under section 16B(1) ;

(iii) set limitations on the HEC's obligation under section 16B(1) .

(4)  The order –

(a) may be made at any time during or after the 2011 transition period; and

(b) is, as far as practicable, to incorporate the matters relevantly agreed or awarded under section 16C ; and

(c) is not to prescribe anything repugnant to the matters relevantly agreed or awarded under section 16C ; and

(d) may be of general application or apply differently according to persons, matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the order.

(5)  To avoid doubt –

(a) the Water Minister's powers extend to the making of the order; and

(b) the order may, consistently with this section –

(i) confer authorisations to take water under the Irrigation Clauses Act 1973 or Water Management Act 1999 ; and

(ii) appoint water districts under the Water Management Act 1999 ; and

(c) the order has effect according to its terms; and

(d) in the event of any inconsistency between a term of the order and an enactment other than this section made before the order, the term of the order is not invalidated or rendered nugatory by the inconsistency.

(6)  The order –

(a) is a statutory rule for the purposes of the Rules Publication Act 1953 ; but

(b) is not subordinate legislation for the purpose of the Subordinate Legislation Act 1992 .