42Waterways Fund

#### 42 Waterways Fund 42 Waterways Fund > > (1) There is established a fund to be called the Waterways Fund. > > > (1A) To avoid doubt, the Waterways Fund is taken to have been established (and always to have been established) in the Special Deposits Account. > > > (2) There is payable into the Waterways Fund— > > > > > (a) all money received by Transport for NSW in connection with the exercise of its functions under section 41, and > > > > > (b) all penalties recovered for offences against the marine legislation or the National law that are recovered in prosecutions brought by (or penalty notices issued by) any person except where the penalty is payable to the Port Corporation under section 21A, and > > > > > (c) all interest received in respect of the investment of money belonging to the Fund, and > > > > > (d) all money borrowed by Transport for NSW in connection with the exercise of its functions under section 41, and > > > > > (e) all money appropriated by Parliament for the purposes of Transport for NSW in connection with the exercise of its functions under section 41, and > > > > > (f) all money directed to be paid into the Fund by this or any other Act. > > > (3) The Minister may, with the concurrence of the Treasurer, determine whether money received by Transport for NSW in the exercise of functions delegated to it by the Minister is to be paid into the Consolidated Fund or the Waterways Fund. > > > (4) There is payable from the Waterways Fund— > > > > > (a) all payments made on account of Transport for NSW in respect of its functions under this Act or otherwise required to meet the expenditure incurred in relation to the functions of Transport for NSW under this Act, and > > > > > (aa) payments authorised by the Minister to fund the Minister’s functions relating to marine safety and the provision of infrastructure and services for vessels, and > > > > > (b) the remuneration (including allowances) of staff of Transport for NSW engaged in the administration of this Act, and > > > > > (c) all money directed to be paid from the Fund by this or any other Act. > > > (5) (Repealed) > > **s 42:** Am 1996 No 24, Sch 1; 1998 No 121, Sch 3.7 \[8\]; 2002 No 75, Sch 2 \[2\]; 2006 No 58, Sch 1.22 \[4\]; 2011 No 41, Sch 2 \[11\] \[12\]; 2012 No 90, Sch 2.13 \[6\]; 2018 No 70, Sch 4.83 \[1\] \[2\]; 2024 No 67, Sch 2\[45\].