239ADetermination of application for amalgamation

239A Determination of application for amalgamation

239A Determination of application for amalgamation

(1) The Minister may grant an application to amalgamate 2 or more trusts if—

(a) the Minister is satisfied that the purpose of the amalgamated trust is to provide, maintain or operate any or all of a water supply system, water distribution system or drainage system, and

(b) the trust and any proposed works plan or rules of the trust comply with any requirements of this Act and the regulations.

(2) The amalgamated private water trust is to be constituted by the Minister by order published on the NSW legislation website.

(3) In addition to constituting the trust, the order must specify the following—

(a) the name of the trust,

(b) the water supply, water distribution or water drainage purposes of the trust,

(c) the landholdings for which the trust may exercise functions and the works plan of the trust,

(d) the members of the trust,

(e) the trustees of the trust, pending the first election of trustees,

(f) the date, time and place for the first election of the trustees,

(g) the rules of the trust.

(4) On the order being published or on such later day as may be specified in the order—

(a) the new trust is constituted, and

(b) the members of the trust are the members specified in the order, and

(c) the rules and works plan specified by the order take effect, and

(d) the amalgamated trusts are abolished, and

(e) the new trust is taken for all purposes to be a continuation of and the same legal entity as each of the amalgamated trusts.

(5) The new trust is not a NSW government agency.

s 239A: Ins 2010 No 133, Sch 2[59].