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Water Act 1992
Part 12Transitional matters for Statute Law Revision Act (No. 2) 1993, Water
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Part 12 Transitional matters for Statute Law Revision Act (No. 2) 1993, Water
Amendment Act 2003 and Mineral Titles (Consequential Amendments) Act
Water Act 1992 97
(iii) a consent under section 65,
to more than one person jointly; and
(r) provide for the manner of making, and the consideration of,
joint applications and of objections to joint applications; and
(s) prescribe terms and conditions which govern the rights and
duties of joint applicants between themselves; and
(t) prescribe terms and conditions to which interests granted
jointly are subject; and
(u) provide for the consequences of a failure by one or more joint
holders to comply with a term or condition to which an interest
granted jointly is subject or with this Act; and
(v) prescribe maximum penalties of 15 penalty units and
maximum default penalties of 2 penalty units for a
contravention of the Regulations; and
(w) confer a function on Aboriginal Land Councils in relation to
Aboriginal water reserves.
Part 12 Transitional matters for Statute Law Revision
Act (No. 2) 1993, Water Amendment Act 2003
and Mineral Titles (Consequential
Amendments) Act 2010
109 Transitional matters for Statute Law Revision Act (No. 2) 1993,
Water Amendment Act 2003 and Mineral Titles (Consequential
Amendments) Act 2010
(1) Except as provided in this section, a licence issued under the
Control of Waters Act 1938 and in force immediately before the
commencement of the relevant Part of this Act shall, on and from
that commencement and during the currency of that licence, have
effect in all respects as if it were a licence for a like purpose granted
pursuant to that Part, and this Act, with the necessary changes,
applies and has effect accordingly.
(2) A person who immediately before the commencement of Part 7 was
subject to the requirements of a notice given pursuant to
section 16M of the Control of Waters Act 1938 shall, on and from
that commencement and during any period specified in the notice
or, if no such period is specified, during a period of 12 months from
that commencement, be deemed to be the holder of a licence
Part 12 Transitional matters for Statute Law Revision Act (No. 2) 1993, Water
Amendment Act 2003 and Mineral Titles (Consequential Amendments) Act
Water Act 1992 98
granted pursuant to that Part subject to the terms and conditions
specified in the notice, and this Act, with the necessary changes,
applies and has effect accordingly.
(3) Notwithstanding subsections (1) and (2), the Controller may at any
time, of his or her own motion, cancel and replace a licence or
notice issued, or permission granted, under the Control of Waters
Act with a licence issued under this Act.
(4) A person whose rights are continued by subsection (1) or (2) may
at any time apply for a licence for a like purpose under this Act and
on and from the grant of any such licence the rights so continued
shall cease to exist.
(6) Where immediately before the commencement of Part 8 a person
had, in pursuance of the Water Supplies Development Act 1960 as
then in force or under the conditions to which an advance or advice
under that Act was subject, the right to drill a bore within any period
extending beyond 30 June 1992, that right shall be deemed to
extend only to 30 June 1992 and any documentation evincing the
conditions shall be construed accordingly.
(7) A certificate of registration granted under section 16H of the Control
of Waters Act 1938 and in force immediately before the
commencement of Part 6 shall, on and from that commencement
and, notwithstanding the period of the certificate, until
31 December 1994, have effect as if it were a drilling licence
granted under section 49 of this Act and this Act, with the
necessary changes, applies and has effect accordingly.
(8) For the purposes of section 48, a certificate of registration granted
under section 16H of the Control of Waters Act 1938 to a body
corporate by whom a person is employed and in force immediately
before the commencement of Part 6 shall, on and from that
commencement and for the period of the certificate or for 12
months after that commencement, whichever is the greater, or until
that person sooner ceases to be employed by that body corporate,
be deemed to be the drilling licence of that person and, subject to
subsection (9), this Act, with the necessary changes, applies and
has effect accordingly.
(9) This Act applies to both the person and the body corporate referred
to in subsection (8) and any act or omission by the person shall, for
the purposes of this Act, be deemed to be the act or omission of the
body corporate and vice versa.
(10) A person who, immediately before the prescription of any works
pursuant to section 40, was the owner or occupier of land affected