In this Division, unless the contrary intention appears —
former body means —
(a) the Authority;
(b) the Waterways Commission;
(c) the Water Resources Council;
relevant successor means —
(a) the Corporation in relation to any function of the Authority that after the commencement day is a function of the Corporation;
(b) the Commission in relation to any function of —
(i) the Authority;
(ii) the Waterways Commission; or
(iii) the Water Resources Council,
that after the commencement day is a function of the Commission;
(c) the Coordinator in relation to any function of the Authority that after the commencement day is a function of the Coordinator.
Annual report for part of a year
The accountable authority, within the meaning in the Financial Administration and Audit Act 1985, of a former body is to report in respect of that body as required by section 66 of that Act, but limited to the period from the preceding 1 July to the commencement day, and Division 14 of Part II of that Act applies as if that period were a full financial year.
Completion of things commenced
Anything commenced to be done by a former body under any written law before the commencement day may be continued by the relevant successor so far as the doing of that thing is within the functions of the relevant successor after the commencement day.
Continuing effect of things done
Any act, matter or thing done or omitted to be done before the commencement day by, to or in respect of a former body, to the extent that that act, matter or thing —
(a) has any force or significance after that day; and
(b) where the former body is the Authority, is not governed by section 192(1)(f), 193(1)(f), 194(g) or 195(e),
is to be taken to have been done or omitted by, to or in respect of the relevant successor.
Immunity to continue
Despite any repeal effected by Part 2, where the Authority had the benefit of any immunity in respect of an act, matter or thing done or omitted before the commencement day, that immunity continues in that respect for the benefit of the relevant successor.
References to Authority in Government agreements
(1) A Government agreement which contains a reference to —
(a) the Authority;
(b) the Metropolitan Water Authority;
(c) the Metropolitan Water Supply, Sewerage and Drainage Department; or
(d) the Metropolitan Water Supply, Sewerage and Drainage Board,
has effect after the commencement day as if the reference were to the Corporation.
(2) Subsection (1) does not apply to a provision of a Government agreement that is spent or has had its effect.
Government agreement has the same meaning as it has in the Government Agreements Act 1979.
Agreements and instruments generally
(1) This section applies to any agreement or instrument subsisting immediately before the commencement day that does not come within the provisions of section 192(1)(c), 193(1)(c), 194(d), 195(c) or 214.
(2) Any agreement or instrument to which this section applies —
(a) to which a former body was a party; or
(b) which contains a reference to a former body,
has effect after that day as if —
(c) the relevant successor to the former body were substituted for the former body as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the former body were (unless the context otherwise requires) amended to be or include a reference to the relevant successor.
instrument includes subsidiary legislation.
Performance of necessary transitional functions
(1) Despite the repeals effected by sections 14, 163 and 169, a former body continues in existence for the purpose of —
(a) reporting as required by section 210; and
(b) performing the functions described in sections 191(3), 192(1)(g), 193(1)(g), 194(h), 195(f) and 198.
(2) The accountable authority, within the meaning in the Financial Administration and Audit Act 1985, of a former body also continues in existence for the purpose described in subsection (1)(a).
(3) Despite the provisions of the relevant written laws —
(a) the members of each of the former bodies immediately before the commencement day cease to hold office on that day; and
(b) each of the former bodies is to —
(i) be constituted by a person appointed by the Minister; and
(ii) perform the functions referred to in subsection (1) through that person.
(4) The person referred to in subsection (3)(b) holds office at the pleasure of the Minister and on such terms and conditions as the Minister determines.
(5) The former bodies as constituted under this section have the powers that are necessary or convenient for the purposes of subsection (1).
(6) The relevant successor to a former body is to provide the clerical or other assistance that the former body reasonably requires for the purposes of subsection (1) in respect of the functions that after the commencement day are functions of that successor.
Corporation, time to obtain certain licences
Where before the commencement day the Authority was doing anything and after that day the Corporation in continuing to do that thing is required to hold a licence under the Rights in Water and Irrigation Act 1914, the Corporation is to be treated as if it were the holder of such a licence until the expiry of 120 days after the commencement day.
Further transitional provision may be made
(1) If there is no sufficient provision in this Part for any matter or thing necessary or convenient to give effect to the transition from a former body to the relevant successor the Minister may make that provision by order published in the Gazette.
(2) The Minister may by order published in the Gazette make any provision that is necessary to rectify any omission from the transfer order.
(3) An order under this section may be made so as to have effect from the commencement day.
(4) To the extent that a provision of any such order has effect on a day that is earlier than the day of its publication in the Gazette, the provision does not operate so as —
(a) to affect, in a manner prejudicial to any person (other than the State, the Corporation, the Commission, the Coordinator or any authority of the State), the rights of that person existing before the day of its publication; or
(b) to impose liabilities on any person (other than the State, the Corporation, the Commission, the Coordinator or any authority of the State), in respect of anything done or omitted to be done before the day of publication.
Saving
The operation of any provision of this Part is not to be regarded —
(a) as a breach of contract or confidence or otherwise as a civil wrong;
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
6 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
associated land 3(1)
by‑law 3(1)
CEO 3(1)
confidential information 79(3)
Department 3(1)
department 76(8), 77(8)
development control area 3(1)
discharge 3(1)
employing authority 76(8), 77(8)
ferry or charter vessel 48(5a)
former Board 3(1)
function 3(1)
honorary warden 3(1)
industrial 3(1)
inspector 3(1)
Land Administration Minister 32(3)
management area 3(1)
management order 32(2)
management programme 3(1)
organisation 76(8), 77(8)
pollution 3(1)
public authority 3(1)
relevant bodies 12(3)
Riverpark 3(1)
section 3(1)
sewage 3(1)
specified 55(3)
standard 3(1)
waste 3(1)
waters 3(1)
working plan 3(1)
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