2010
2010
2015-11-24
act
government
publicspecial
act.reprint
act-1987-015
partuncommenced
2010-11-11
2010-11-11
1
2010
none
act-2010-133
0ad12e8e-5557-4d92-8d93-f274f69615fa
3c8b0c88-e5f8-4fda-bae5-786b4da1224e
Does not include amendments
by:
Statute Law
(Miscellaneous Provisions) Act (No 2) 2015 No 58 (not
commenced — to commence on 8.1.2016)
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to amend the Water
Management Act 2000 with respect to specific purpose
access licences and other access licences, environmental water, offences
relating to taking water and water meters and private irrigation and drainage
bodies; and for other purposes.
1Name of
Act
This Act is the Water Management
Amendment Act 2010.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1
sch 1: Rep 1987 No
15, sec 30C.
Schedule 2Other amendments to Water Management Act 2000 No
92
[1]–[35]
[36]Section 91I
(3)
Omit the subsection. Insert instead:
(3)
Subsections (1) (b) and (2) do not apply if the
person who takes the water:
(a)
reports, in accordance with the regulations, that
the metering equipment is not operating properly or is not operating,
and
(b)
complies with the requirements (if any) of the
regulations as to the taking of water in such circumstances, the keeping of
records and the repair or replacement (including temporary replacement) of the
metering equipment.
[37]–[45]
[46]Section 106 Land benefited by
approval
Omit “private irrigation board, private
drainage board” from section 106 (3).
Insert instead “private water
corporation”.
[47]Section
120A
Insert after section 120:
120AEntry and investigation
powers
(1)
An irrigation corporation may appoint a person to
act as an authorised officer of the corporation under this section. An
appointment is to be in writing and to comply with any requirements of the
regulations.
(2)
An authorised officer of a corporation may enter
land at any reasonable time if the authorised officer is reasonably of the
opinion that the landholder has contravened an irrigation, water supply or
drainage agreement with the corporation and that it is necessary to enter the
land for the purpose of investigating that
contravention.
(3)
An authorised officer who enters land under this
section may exercise the powers set out in section 339B (2)
(a)–(g).
(4)
Sections 339D, 339F and 340 apply to authorised
officers appointed under this section.
(5)
A corporation, and authorised officers of a
corporation, may exercise the functions conferred by this section only if
authorised to do so by the operating licence of the
corporation.
(6)
This section does not empower an authorised
officer to enter any part of premises used only for residential
purposes.
(7)
An irrigation corporation must compensate all
interested parties for any damage caused by a person exercising a power of
entry on to land under this section on behalf of the corporation (but not any
damage caused by the exercise of any other power), unless the occupier
obstructed or hindered the person in the exercise of the power of
entry.
[48]Section
125A
Insert after section 125:
125AOffence to contravene
operating licence
(1)
An irrigation corporation must not contravene the
operating licence of the corporation.
Tier 2 penalty.
(2)
Action may be taken both under this section and
section 125 in respect of the same contravention of an operating
licence.
[49], [50]
[51]Section
136A
Insert after section 136:
136ACharges for water illegally
taken and damage to works
(1)
An irrigation corporation may impose a charge on
a person for water taken if the corporation is satisfied on the balance of
probabilities that the person has knowingly taken water from a water
management work that is owned by, or is under the control and management of,
the corporation in contravention of this Act, the regulations or an agreement
with the corporation.
(2)
A corporation may impose a charge on a person for
the repair or replacement of a work if the corporation is satisfied on the
balance of probabilities that the person has destroyed, damaged or interfered
with a work that is owned by, or is under the control or management of, the
corporation.
(3)
The charge imposed by the corporation may include
a penalty component.
(4)
The maximum charge that a corporation may impose
under this section:
(a)
for the taking of water, is an amount not
exceeding 5 times the value of the water so taken, as determined in accordance
with the regulations, or
(b)
for destroying, damaging or interfering with a
work, is an amount not exceeding 5 times the reasonable cost of the repair or
replacement (as required) of the work.
(5)
Action under this section may not be taken
against a person unless the corporation:
(a)
has given written notice to the person that the
corporation proposes to take such action, and
(b)
has given the person a reasonable opportunity to
make submissions to the corporation with respect to the proposed action,
and
(c)
has taken any such submissions into
consideration.
(6)
A charge imposed by a corporation under this
section is recoverable in any court of competent jurisdiction as a debt due to
the corporation.
(7)
A corporation is not entitled to take action
under this section unless the operating licence of the corporation authorises
the corporation to take action under this section.
(8)
Action may be taken under this section against a
former member of the corporation.
(9)
The exercise of powers by a corporation under
this section is subject to any requirements of, or limits imposed by, the
regulations or the operating licence of the corporation.
[52]Section 137
Indemnities
Insert after section 137 (2):
(3)
This section does not apply to an action,
liability, claim or demand referred to in section 137A.
[53]Section
137A
Insert after section 137:
137ALiability for water source and
other changes
(1)
An irrigation corporation, any officer or
employee of an irrigation corporation or a person acting under the direction
of a corporation, officer or employee is not subject to any action, liability,
claim or demand arising:
(a)
from the unavailability of water,
or
(b)
from the escape of water from a water management
work owned by, or under the control or management of, the corporation,
or
(c)
from a failure to supply, distribute or drain
water that is authorised by its operating licence or this Act or the
regulations,
as a consequence of anything done or omitted to be done
in good faith by the corporation, officer, employee or person for the purposes
of executing this Act or carrying out the functions of the
corporation.
(2)
This section does not limit section
397.
[54]Chapter 4 Joint private
works
Omit Parts 2 and 3. Insert instead:
Part 2Private water
corporations
Division 1Preliminary
139Definitions
In this Part:
board means the board of a
corporation.
corporation means a private water
corporation established under this Part and listed in Schedule
13.
corporation work means a water
management work, or a proposed water management work, specified in the works
plan for a corporation.
member’s water entitlement
means the part of the share component of the corporation’s access
licence that is available to a member.
rules means the rules of a private
water corporation, as in force from time to time.
works
plan means the works plan for a corporation specified for
the corporation, as in force from time to time.
140Requirements for access
licences and approvals
Nothing in this Part authorises a corporation or
landholder to do anything for which this Act requires an access licence or
approval unless the corporation or landholder holds an appropriate access
licence or approval.
Division 2Constitution and management of
private water corporations
141Application for establishment
of private water corporations
(1)
Two or more landholders of landholdings that are
being worked on as 2 or more holdings may apply to the Minister to constitute
a private water corporation in relation to those
landholdings.
(2)
An application is:
(a)
to be in the approved form,
and
(b)
to be accompanied by a works plan for the
corporation and proposed rules for the corporation, and
(c)
to be accompanied by any other information
required by the Minister or prescribed by the regulations,
and
(d)
to be accompanied by the fee (if any) prescribed
by the regulations.
142Determination of application
and constitution of corporation
(1)
The Minister may grant an application to
establish a corporation if:
(a)
the Minister is satisfied that the purpose of the
corporation is to provide, maintain or operate any or all of a water supply
system, water distribution system or drainage system, and
(b)
the corporation and any proposed works plan and
rules of the corporation comply with any requirements of this Act and the
regulations.
(2)
A corporation is to be constituted by the
Minister by order published on the NSW legislation
website.
(3)
In addition to constituting the corporation, the
order must specify the following:
(a)
the name of the corporation,
(b)
the water supply, water distribution or water
drainage purposes of the corporation,
(c)
the landholdings for which the corporation may
exercise functions and the works plan for the corporation,
(d)
the members of the
corporation,
(e)
the board members of the corporation, pending the
first election of board members,
(f)
the date, time and place of the first election of
the board members of the corporation,
(g)
the rules of the
corporation.
(4)
On the order being published or on such later day
as may be specified in the order:
(a)
the corporation is constituted as a body
corporate with the name specified in the order, and
(b)
the members of the corporation are the members
specified in the order, and
(c)
the rules and works plan specified by the order
take effect.
(5)
A corporation is not a NSW government
agency.
143Functions of private water
corporations
(1)
A corporation has the following functions:
(a)
to provide, maintain or operate a water supply
system, water distribution system or drainage system,
(b)
any other function conferred or imposed on the
corporation by or under this or any other Act.
(2)
A corporation may supply water:
(a)
under an access licence or approval held by the
corporation, or
(b)
for the purpose of an access licence or approval
held by a member whose member’s water entitlement has been transformed
under Division 4.
(3)
A corporation must exercise its functions in
accordance with this Act, the regulations and the rules.
144Boards of private water
corporations
(1)
There is to be a board of a
corporation.
(2)
The board is to consist of not less than 3 and
not more than 10 members of the corporation.
(3)
The board has the following functions:
(a)
to direct, control and manage the affairs of the
corporation, in accordance with this Act, the regulations and the
rules,
(b)
any other functions conferred on the board by or
under this Act.
(4)
A board member holds office for the term
prescribed by the rules.
(5)
The regulations may prescribe the circumstances
in which a board member ceases to be a board member.
145Rules of private water
corporations
(1)
A corporation may, from time to time, amend or
replace the rules of the corporation.
(2)
The rules may make provision for or with respect
to the following matters:
(a)
elections of the board,
(b)
the members and procedure of the
board,
(c)
the members of the
corporation,
(d)
meetings of the corporation,
(e)
the voting rights of members of the corporation,
or classes of members of the corporation,
(f)
new members of the
corporation,
(g)
the functions of the corporation that may be
exercised only by resolution of the corporation at a meeting of the members of
the corporation,
(h)
the imposition of rates and charges on members of
the corporation for services (including water) provided by the
corporation,
(i)
the regulation of a water supply, water
distribution or drainage system provided by the
corporation,
(j)
the regulation of the supply, taking or use of
water provided by a water supply or water distribution system provided by the
corporation,
(k)
the regulation of the draining or disposal of
water through a drainage system provided by the
corporation,
(l)
the financial management and systems of the
corporation,
(m)
the manner in which the rules are to be amended
or replaced,
(n)
any other matters prescribed by the
regulations,
(o)
any other matters necessary for, or ancillary to,
the purposes of the corporation.
(3)
The rules must:
(a)
not be inconsistent with this Act or the
regulations, and
(b)
comply with any requirements prescribed by the
regulations.
(4)
A corporation must notify changes to the rules,
or replaced rules, in the manner prescribed by the
regulations.
(5)
The rules are binding on the members of the
corporation, board members and landholders to whom the corporation provides
services and it is presumed that the members and any such landholders have
notice of the rules.
(6)
A rule has no effect to the extent to which it is
inconsistent with this Act or the regulations.
(7)
A corporation must not make a change to a rule
unless the proposed change has been approved by at least two thirds of the
members of the corporation who are entitled to vote on the question or the
change is authorised under the rules.
(8)
The regulations may vary the proportion of
members of a corporation who must approve any such change or any class of
change.
146Corporation must provide copy
of rules to Minister
(1)
A corporation must, if required to do so by the
Minister, provide the Minister with a copy of the rules of the
corporation.
Maximum penalty: 20 penalty
units.
(2)
A corporation must, on the request of a member
and payment by the member of the fee (if any) prescribed by the rules of the
corporation, provide the member with a copy of the rules of the
corporation.
147Delegation by corporations and
boards
A corporation or a board may by instrument in
writing delegate:
(a)
to any member of the corporation or board,
or
(b)
to any employee of the
corporation,
any of its functions, other than this power of
delegation.
Division 3Operational
functions
148Corporation works and other
works
(1)
A corporation may exercise the following
functions for the purpose of its water supply, water distribution and drainage
functions:
(a)
construct, install, maintain, operate and manage
corporation works,
(b)
repair, replace, maintain, remove, extend,
connect, disconnect, improve or do any other things in relation to corporation
works that are necessary for the purposes of carrying out its
functions.
(2)
The corporation may enter into an arrangement
with a landholder to provide services in relation to works that are not
corporation works.
149Members may be required to
provide distribution works
(1)
A corporation may require a member of the
corporation, or a landholder who is supplied with water by the corporation, to
do any of the following:
(a)
to provide water delivery systems on a
landholding to enable the supply of water to the land at the rate specified by
the corporation,
(b)
to provide water storage works in the locations,
and of a kind, specified by the corporation for water supplied for stock or
domestic purposes,
(c)
to maintain any water delivery systems or water
storage works on the land so as to enable the corporation to properly exercise
its functions in relation to the supply of water.
(2)
The requirement is to be made by notice in
writing given by the corporation to the member or
landholder.
(3)
A requirement may be made under this section only
if it is necessary for the efficient or effective operation of corporation
works or the carrying out of the corporation’s
functions.
150Discontinuation of water
supply by corporation
(1)
A corporation may at any time suspend or restrict
the supply of, or refuse to supply, water to a member or landholder if the
corporation is reasonably satisfied that any of the following circumstances
exist:
(a)
the water that is available to the corporation
cannot meet the demand,
(b)
the water that is available to the corporation is
not suitable for the required purpose,
(c)
the corporation is unable to provide sufficient
conveyance water in connection with the operation of an irrigation
system,
(d)
the corporation is not lawfully able to supply
the quantity of water,
(e)
the member or landholder has failed to pay rates
or charges for water or other services provided by the
corporation,
(f)
the member or landholder has contravened or
failed to comply with a condition on which water or drainage services are
supplied by the corporation,
(g)
the member or landholder has contravened or
failed to comply with a requirement of the corporation relating to the
provision, maintenance or repair of distribution works or any other
requirement made by the corporation in accordance with this Act, the
regulations or the rules,
(h)
the member or landholder has contravened or
failed to comply with a requirement of this Act, the regulations or the
rules,
(i)
the corporation is unable to dispose of water
draining into its drainage system because of the degraded quality of the
water.
(2)
A corporation that takes action under this
section may reduce the amount of water available by different amounts or
proportions according to such factors as the corporation thinks
fit.
151Supply of services to other
persons
(1)
A corporation may enter into an agreement with a
person who is not a member of the corporation to supply water for the purpose
of irrigating land or other purposes, or to drain water from land, by means of
a water supply, water distribution or drainage system provided and managed by
the corporation.
(2)
A corporation must not supply water for domestic
purposes if a supply of water is available to the person from a local water
utility or major utility.
152Powers of entry and
inspection
(1)
A corporation may, by its employees and agents,
enter onto land on which corporation works are situated, or any other land,
for the following purposes:
(a)
to carry out any of its functions in relation to
corporation works,
(b)
to read a meter that measures water supplied by
the corporation or monitors drainage for quantity or quality or
both,
(c)
to carry out investigations or inspections, take
levels, drill test bore-holes, dig trenches, make surveys and marks, and fix
pegs and stakes, for the purposes of designing, constructing or determining
the site of a proposed corporation work,
(d)
to remove samples of materials from the land for
the purposes of carrying out the corporation’s functions, but only if
the landholder has been consulted and the views of the landholder have been
considered,
(e)
to exercise any other powers that are incidental
to the corporation’s functions or that are reasonably necessary for
carrying out the corporation’s functions.
(2)
The powers of entry conferred by this section are
not to be exercised for a purpose referred to in subsection (1) (a), (c) or
(d) without prior notice to the landholder of the land.
(3)
A corporation must ensure that as little damage
as possible is caused by the exercise of powers under this
section.
153Works
plans
(1)
A works plan for a corporation must:
(a)
identify the water management works or proposed
works that are the corporation works, and
(b)
specify the location of, and describe, the works,
and
(c)
specify the land to which the works plan
applies.
(2)
A works plan must comply with any requirements
prescribed by the regulations and the rules.
(3)
A works plan may be amended or replaced if the
amendment or replacement is consented to by any landholder on whose land an
affected work is situated or is authorised by the rules.
(4)
A works plan may specify works on land of former
members of the corporation who have transformed their member’s water
entitlements.
(5)
Regulations may be made for or with respect to
the keeping of, and provision of, copies of works plans by
corporations.
Division 4Sale and transformation of
water entitlements
154Water entitlements of
members
(1)
A corporation may, if requested to do so in
writing by a member of the corporation, determine the member’s water
entitlement.
(2)
The corporation must determine an entitlement if
the request is made by a member who is supplied by the corporation with water
for irrigation.
(3)
A corporation must have regard to the following
matters when determining the member’s water entitlement:
(a)
the nature of agricultural activities on the land
to which water is supplied,
(b)
the amount of water currently supplied to the
member,
(c)
any present or past water sharing arrangements
applicable to the member,
(d)
any other matter it considers
relevant,
(e)
any other matter prescribed by the
regulations.
(4)
A determination may specify the different parts
of the member’s water entitlement that are available to the member for
different purposes.
(5)
A determination must be in writing and comply
with the requirements prescribed by the regulations. Notice of a determination
must be given in writing by the corporation to the
member.
(6)
A determination may be varied or redetermined
only on a further application made by the member within 3 months of the
determination or in the circumstances prescribed by the
regulations.
(7)
A person must not participate in a determination
of a member’s water entitlement if the person or a member of the
person’s immediate family (within the meaning of the regulations) has an
interest in the entitlement.
155Sale or transfer of group
entitlement
A corporation must not enter into a dealing to
sell or mortgage the whole or part of its water entitlement under its access
licence unless the dealing is permitted under, and is in accordance with, the
rules of the corporation.
156Sale or transfer of
members’ water entitlements
(1)
A member of a corporation may sell or transfer
the whole or any part of the member’s water entitlement to another
member or to the corporation.
(2)
A member must not sell or transfer the whole or
part of the member’s water entitlement under this section unless the
sale or transfer has been approved by the corporation in accordance with the
rules or the regulations.
(3)
A sale or transfer by a member does not affect
the member’s membership of the corporation, except as provided by this
Act or the rules of the corporation.
157Transformation of
member’s water entitlement
(1)
A corporation may make an application under
Division 4 of Part 2 of Chapter 3 for the purpose of wholly or partly
transforming a member’s water entitlement into an access licence under
this Act.
(2)
On transformation of the whole or part of a
member’s water entitlement to an access licence:
(a)
the member is not entitled to vote (as a board
member) or as a member of the corporation on any matter relating to the
transformation of one or more other members’ water entitlements or the
supply of water to members who have not transformed their water entitlements,
and
(b)
the corporation may continue to exercise
functions in relation to any corporation works that are located on the
landholding (whether or not the corporation is to deliver the member’s
water entitlement under the access licence or the landholder is a member of
the corporation).
(3)
If the whole of a person’s water
entitlement is transformed and the person does not have a right to the
delivery of that water by the corporation:
(a)
the person ceases to be a member of the
corporation, and
(b)
the corporation must not fix rates and charges in
respect of the person’s landholding for that water (other than
termination charges).
(4)
The rules may make provision for or with respect
to other circumstances in which a person whose member’s water
entitlement has been transformed ceases to be a member of the
corporation.
(5)
A corporation may require a member to provide
security as a condition of consent to transformation of the whole or part of
the member’s water entitlement, subject to the
regulations.
(6)
Without limiting subsection (5), the following
kinds of security may be required by a corporation:
(a)
a charge over a part of an irrigation right that
is not transformed,
(b)
a charge over an access licence or other
entitlement to water acquired by the person and resulting from the
transformation,
(c)
a guarantee by an authorised deposit-taking
institution,
(d)
a deposit lodged with the
corporation.
Division 5Changes to private water
corporations
158Changes in membership
requiring works plan changes
(1)
A corporation must not make a change in
membership that requires a change to the works plan unless the proposed change
to the works plan has been approved by at least two thirds of the members of
the corporation who are entitled to vote on the
question.
(2)
The regulations may vary the proportion of
members of a corporation who must approve any such
change.
(3)
Any change to the works plan takes effect from
the date approval is given or such other date (being an earlier or later date)
as is specified in the approval.
159Application for amalgamation
of private water corporations
(1)
Two or more corporations may apply to the
Minister to constitute one private water corporation.
(2)
An application is:
(a)
to be in the approved form,
and
(b)
to be accompanied by a works plan for the land
and proposed rules for the new corporation, and
(c)
to be accompanied by any other information
required by the Minister or prescribed by the regulations,
and
(d)
to be accompanied by the fee (if any) prescribed
by the regulations.
160Determination of application
for amalgamation
(1)
The Minister may grant an application to
amalgamate 2 or more corporations if:
(a)
the Minister is satisfied that the purpose of the
amalgamated corporation is to provide, maintain or operate any or all of a
water supply system, water distribution system or drainage system,
and
(b)
the corporation and any proposed works plan or
rules of the corporation comply with any requirements of this Act and the
regulations.
(2)
The amalgamated corporation is to be constituted
by the Minister by order published on the NSW legislation
website.
(3)
In addition to constituting the corporation, the
order must specify the following:
(a)
the name of the corporation,
(b)
the water supply, water distribution or water
drainage purposes of the corporation,
(c)
the landholdings for which the corporation may
exercise functions and the works plan of the corporation,
(d)
the members of the
corporation,
(e)
the board members of the corporation, pending the
first election of board members,
(f)
the date, time and place for the first election
of the board members of the corporation,
(g)
the rules of the
corporation.
(4)
On the order being published or on such later day
as may be specified in the order:
(a)
the new corporation is constituted as a body
corporate with the name specified in the order, and
(b)
the members specified in the order are the
members of the corporation, and
(c)
the rules and works plan specified by the order
take effect, and
(d)
the amalgamated corporations are abolished,
and
(e)
the new corporation is taken for all purposes to
be a continuation of and the same legal entity as each of the amalgamated
corporations.
(5)
The new corporation is not a NSW government
agency.
161Effect of sale of
land
(1)
If a member of a corporation sells to a person
land to which the corporation provides or is able to provide water supply or
drainage services:
(a)
the member ceases to be a member in respect of
that land when that sale takes effect, and
(b)
the purchaser is taken to be a member of the
corporation when the sale takes effect, and
(c)
the purchaser has all the entitlements and
liabilities of the vendor as a member, in respect of the land, that the vendor
had immediately before the sale took effect.
(2)
A member of a corporation who sells land as
referred to in this section must notify the corporation of the sale in
accordance with any requirements of the regulations or the
rules.
162Effect of
subdivision
The subdivision of land by a member of a
corporation:
(a)
does not of itself entitle any other person to be
a member of the corporation or entitle any other person to be supplied with
water or provided with drainage or other services by the corporation,
and
(b)
does not of itself affect any existing
entitlement of any other person in relation to any such service,
and
(c)
does not of itself affect any functions of the
corporation in relation to corporation works.
Division 6Rates and
charges
163Fixing of rates and
charges
(1)
A corporation must for each year commencing on 1
July fix the rates and charges payable in respect of each landholding that is
a landholding owned or occupied by its members for which the corporation may
exercise functions, or for which it provides water or drainage services in
that year.
(2)
In determining the amount of rates and charges
payable, the corporation must fix an amount that it considers is sufficient to
meet the estimated costs of the following:
(a)
the corporation’s likely costs in providing
irrigation, water supply and drainage services for that
year,
(b)
the liabilities of the
corporation,
(c)
the corporation’s likely costs relating to
corporation works, including (but not limited to) maintenance, improvement and
replacement of works and new works,
(d)
provision for a sinking fund (if
necessary),
(e)
any other matters prescribed by the
regulations.
(3)
The rates and charges payable may (but are not
required to) be fixed on the basis of any one or more of the following:
(a)
the volume or quality of water supplied or
proposed to be supplied to a landholding,
(b)
the area of a landholding,
(c)
whether or not water or drainage services are or
are proposed to be provided to a landholding,
(d)
the purpose for which water services are supplied
or proposed to be supplied to a landholding.
(4)
If rates and charges are payable on the basis of
the area of a landholding, a landholding that has an area equal to a number of
hectares and a remaining fraction of a hectare is to be rounded up to the
nearest hectare.
(5)
A corporation may also fix the following
charges:
(a)
termination charges payable by a member or former
member in connection with the corporation ceasing to supply water to the
member or former member (whether because of the transformation of the
member’s water entitlement to an access licence or
otherwise),
(b)
charges payable for the delivery of water to a
member or former member after transformation of the whole or part of the
member’s water entitlement.
(6)
A corporation must give notice of its fees and
charges for a year in the manner prescribed by the regulations and must
specify in the notice the basis on which the rates and charges are
calculated.
(7)
The rules of a corporation must provide for the
procedures for setting rates and charges and the period within which rates and
charges must be paid.
Note—
The regulations may prescribe requirements for
rules made under this section (see section 145 (3) (b)).
164Recovery of unpaid rates and
charges
(1)
The owner or occupier of a landholding for which
rates or charges are levied by a corporation must pay the rates and charges to
the corporation.
(2)
If a landholding for which rates or charges are
levied is owned or occupied by more than one person the following provisions
apply:
(a)
the rates or charges may be levied on one or more
of those persons and may be recovered by the corporation from any one or more
of those persons,
(b)
the corporation is not entitled to recover more
than the total amount of the rates and charges (and any interest
payable).
(3)
If any land in a holding reverts to the Crown
during any year for which rates or charges are or are to be assessed, the
person who immediately before the reversion was the landholder of the land is
liable for payment of only that part of the rates or charges proportionate to
the part of the year for which the land was held by the person, and any excess
payment by the person must be refunded to the person.
Note—
Rates and charges are a charge on the land,
procedures for the sale of land for overdue rates are set out in Part 4 of
Chapter 7.
165Abandonment of rates and
charges
(1)
A corporation may, in accordance with the rules,
waive or reduce rates, charges and interest due.
(2)
Rates and charges may be waived under this
section only if the auditor of the corporation certifies that the waiver is in
accordance with the rules and has been approved by the board of the
corporation.
Division 7Finance
166Financial
records
(1)
A corporation must cause proper accounts and
records to be kept in relation to all its operations.
(2)
A corporation must prepare financial statements
for each financial year of the corporation.
(3)
Sections 41B and 41BA of the Public
Finance and Audit Act 1983 apply to financial statements
required to be prepared under this section in the same way that they apply to
financial reports required to be prepared under that
Act.
(4)
The financial statements must be submitted for
verification and certification to an auditor appointed by the corporation in
the manner prescribed by the rules of the corporation.
(5)
The regulations may provide for the
qualifications for appointment as an auditor under this
section.
(6)
A member of a corporation or a board member of
the corporation must not be appointed to audit the financial statements of the
corporation.
167Auditor’s right to
access to information
(1)
An auditor of a corporation has a right of access
at all reasonable times to the accounts and records of the
corporation.
(2)
A board member, or an employee of, a corporation
must comply with any reasonable request by the auditor of the corporation to
provide information or documents relating to the accounts or financial
statements or related records of the corporation.
Maximum penalty: 20 penalty
units.
168Presentation of audited
financial statements
(1)
A corporation must, at the request of the
Minister, furnish to the Minister the audited financial statements and any
other documents requested within the time specified in the
request.
(2)
The audited financial statements must be laid
before the annual general meeting of the corporation following their
verification and certification by the auditor.
169Borrowing and investment by
corporations
(1)
A corporation may obtain financial accommodation,
and may invest the funds of the corporation, in any manner it thinks
fit.
(2)
A corporation may, for the purpose of obtaining
financial accommodation:
(a)
charge the whole or any part of any of its
property (including any income arising from rates or charges) by debenture,
mortgage or in any other manner, and
(b)
enter into arrangements to provide guarantees or
indemnities.
(3)
If a corporation defaults in carrying out its
obligations under a debenture charged on income arising from rates or charges,
the Supreme Court may, on the application of a creditor or a trustee for the
debenture holders:
(a)
direct the corporation to appropriate a specified
portion of its income to satisfy its obligations under the debenture,
or
(b)
direct the corporation to raise a specified
amount by way of charges and direct the amount to be applied towards
satisfying those obligations,
and may give any other ancillary or incidental
directions that it thinks fit.
(4)
The rights of a creditor or trustee in subsection
(3) are in addition to any other rights of the creditor or
trustee.
(5)
The obligations of a corporation are not
guaranteed by the State of New South Wales.
(6)
The State of New South Wales is not liable to any
action, liability, claim or demand in respect of the exercise by or on behalf
of a corporation of any function under this Division.
(7)
In this section:
funds includes any funds under the
control of the corporation and real property, securities or other property
comprising an investment.
obtaining
of financial accommodation has the same meaning as it has in
the Public Authorities (Financial Arrangements) Act
1987.
Division 8Enforcement
powers
170Charges for water illegally
taken and damage to works
(1)
A corporation may impose a charge on a person for
water taken if the corporation is satisfied on the balance of probabilities
that the person has knowingly taken water from a water management work that is
owned by, or is under the control and management of, the corporation in
contravention of this Act, the regulations, the rules or an agreement with the
corporation.
(2)
A corporation may impose a charge on a person for
the repair or replacement of a work if the corporation is satisfied on the
balance of probabilities that the person has destroyed, damaged or interfered
with a work that is owned by, or is under the control or management of, the
corporation.
(3)
The charge imposed by the corporation may include
a penalty component.
(4)
The maximum charge that a corporation may impose
under this section:
(a)
for the taking of water, is an amount not
exceeding 5 times the value of the water so taken, as determined in accordance
with the regulations, or
(b)
for destroying, damaging or interfering with a
work, is an amount not exceeding 5 times the reasonable cost of the repair or
replacement (as required) of the work.
(5)
Action under this section may not be taken
against a person unless the corporation:
(a)
has given written notice to the person that the
corporation proposes to take such action, and
(b)
has given the person a reasonable opportunity to
make submissions to the corporation with respect to the proposed action,
and
(c)
has taken any such submissions into
consideration.
(6)
A charge imposed by a corporation under this
section is recoverable in any court of competent jurisdiction as a debt due to
the corporation.
(7)
A corporation is not entitled to take action
under this section unless the Minister has approved the application of this
section to the corporation.
(8)
Action may be taken under this section against a
former member of the corporation.
(9)
The exercise of powers by a corporation under
this section is subject to any requirements of, or limits imposed by, the
regulations or the rules of a corporation.
171Entry and investigation
powers
(1)
A corporation may appoint a person to act as an
authorised officer of the corporation under this section. An appointment is to
be in writing and is to comply with any requirements of the
regulations.
(2)
An authorised officer of a corporation may enter
land at any reasonable time if the authorised officer is reasonably of the
opinion that the landholder has contravened an irrigation, water supply, water
distribution or drainage agreement with the corporation and that it is
necessary to enter the land for the purpose of investigating that
contravention.
(3)
An authorised officer who enters land under this
section may exercise the powers set out in section 339B (2)
(a)–(g).
(4)
Sections 339D, 339F and 340 apply to authorised
officers appointed under this section.
(5)
A corporation, and authorised officers of a
corporation, may exercise the functions conferred by this section only if
authorised to do so by the rules of the corporation.
(6)
This section does not empower an authorised
officer to enter any part of premises used only for residential
purposes.
(7)
A corporation must compensate all interested
parties for any damage caused by a person exercising a power of entry on to
land under this section on behalf of the corporation (but not any damage
caused by the exercise of any other power), unless the occupier obstructed or
hindered the person in the exercise of the power of
entry.
172Ministerial directions about
rules
(1)
The Minister may, by notice in writing to a
corporation, direct the corporation to comply with, or cease to contravene,
the rules of the corporation.
(2)
The notice may direct the corporation to take
specified action or to cease to take specified action.
(3)
A corporation must not contravene a direction
under this section.
Tier 2 penalty.
Division 9Winding up of private water
corporations
173Appointment of an
administrator
(1)
The Minister may, by order published in the
Gazette, remove the members of the board of a corporation from office and
appoint an administrator to conduct the affairs of the
corporation.
(2)
The Minister may make an order if the Minister is
of the opinion that:
(a)
the board or the corporation has failed, or is
unable to, carry out its functions as required by or under this Act,
or
(b)
without limiting paragraph (a), the corporation
has failed or is unable to provide or maintain water supply, water
distribution or drainage services or corporation works, or
(c)
the corporation is unable to pay its debts as
they fall due, or
(d)
the board or corporation has regularly or
materially contravened this Act, the regulations or the rules of the
corporation, or
(e)
in all the circumstances of the case it is just
and equitable to do so.
(3)
Before making an order, the Minister must:
(a)
cause notice of the proposed order to be
published in a newspaper circulating in the local area in which the
corporation provides services, and
(b)
in that notice, invite submissions to be made to
the Minister about the proposal within the period of 4 weeks following the
publication of the notice, and
(c)
consider any submissions made within that
period.
(4)
The Minister is not required to comply with
subsection (3) if the Minister is of the opinion that the special
circumstances of the case require the order to be made
immediately.
174Functions of
administrator
(1)
The administrator of a corporation appointed
under this Division holds office for such period as is specified in the order
appointing the administrator. The administrator ceases to hold office if the
Minister, by a subsequent order published in the Gazette, revokes the
appointment or on the election of a new board under this
section.
(2)
The administrator has and may exercise the
functions of the board of the corporation or corporation specified in the
administrator’s order of appointment (subject to any conditions
specified in that order) but is not required to comply with the rules of the
corporation.
(3)
The administrator may amend the rules of the
corporation and take such other action as is necessary to enable the
corporation to properly exercise its functions.
(4)
The administrator is entitled to be paid such
remuneration, from the funds of the corporation, as the Minister may from time
to time determine.
(5)
The Minister may at any time, by order published
in the Gazette, extend the period of appointment of an
administrator.
(6)
The administrator must, if required to do so by
the Minister, report to the Minister on the administrator’s conduct of
the affairs of the corporation.
(7)
The administrator may at any time recommend to
the Minister that elections be held for a new board or that the corporation be
wound up.
(8)
The administrator must, if required to do so by
the Minister, arrange for elections to be held for a new
board.
175Removed board members not
eligible for re-election
If the board of a corporation has been removed
from office, each of the board members is ineligible for election to the board
at any subsequent election, unless the Minister declares in writing that the
board member is eligible for election at such an
election.
176Effect of administration on
existing contracts
On the appointment of an administrator of a
corporation:
(a)
all contracts of employment with the corporation
are terminated, and
(b)
the administrator may terminate any contract for
the provision of services to or by the corporation.
177Winding up of
corporations
(1)
The Minister may, by order published in the
Gazette, order that a corporation be wound up if:
(a)
requested to do so by the corporation, after a
resolution to wind up the corporation was passed at a meeting of the
corporation by not less than 75% of the members, or
(b)
the administrator of the corporation has
recommended that the corporation be wound up.
(2)
The order must appoint a person as the liquidator
of the corporation.
(3)
The regulations may make provision for or with
respect to the winding up of a corporation and for the disposal of residual
assets of the corporation.
(4)
The Minister may, by order published in the
Gazette, abolish a corporation if satisfied that the winding up of the
corporation under this section has been completed.
Division 10Miscellaneous
178Liability for water source and
other changes
(1)
A corporation, any officer or employee of a
corporation or a person acting under the direction of the corporation, officer
or employee is not subject to any action, liability, claim or demand
arising:
(a)
from the unavailability of water,
or
(b)
from the escape of water from a corporation work,
or
(c)
from a failure to supply, distribute or drain
water that is authorised by the rules, this Act or the
regulations,
as a consequence of anything done or omitted to be done
in good faith by the corporation, officer, employee or person for the purposes
of executing this Act or of carrying out the functions of the
corporation.
(2)
This section does not limit section
397.
179Amendment of Schedule 13 to
insert, change, omit name of corporation
The Minister may, by order published on the NSW
legislation website, amend Schedule 13:
(a)
to insert the name of a private water corporation
constituted under this Act, or
(b)
to change the name of a private water corporation
constituted under this Act, or
(c)
to omit the name of a private water corporation,
if the corporation is abolished.
[55]Section 221
Definitions
Insert in alphabetical order:
member’s water entitlement
means the part of the share component of an access licence held by or on
behalf a private water trust that is available to a member.
rules means the rules of a private
water trust, as in force from time to time.
trust
work means a water management work, or a proposed water
management work, specified in the works plan for a private water
trust.
works
plan means the works plan for a private water trust
specified for the trust, as in force from time to
time.
[56]Section
221
Omit the definitions of memberand water
supply district.
Insert in alphabetical order:
trustee of a private water trust
means a trustee elected under section 223.
[57]Section 222 Requirements for
access licences and approvals
Insert “, the trustees of a trust”
after “private water trust” where firstly
occurring.
[58]Section
222
Omit “private water trust” where
secondly occurring.
Insert instead “(or the trustees on behalf
of the trust),”.
[59]Chapter 4, Part 4, Divisions
2–9
Omit Chapter 4, Part 4, Divisions 2–6.
Insert instead:
Division 2Management of private water
trusts
223Trustees of private water
trusts
(1)
The number of trustees of a private water trust
is to be the number when section 220 commenced.
(2)
The trustees of a trust are to be
elected.
(3)
The trustees must elect one of the trustees as
chairperson of the trust.
(4)
The trustees have the following functions:
(a)
to direct, control and manage the affairs of the
trust, in accordance with this Act, the regulations and the
rules,
(b)
any other functions conferred on the trustees by
or under this Act.
(5)
The trustees are to act for and on behalf of the
trust.
(6)
A trustee holds office for the term prescribed by
the rules.
(7)
The regulations may prescribe the circumstances
in which a trustee ceases to be a trustee.
(8)
For the purposes of this Act and the regulations,
a trust is taken to be the holder of any access licence or approval that is
held by any former or other current trustees on behalf of the
trust.
(9)
A trustee must, as soon as practicable after
ceasing to be a trustee, take all necessary action to transfer any interest in
property held by the former trustee on behalf of the trust to the trustees of
the trust or the trust.
224Water supply and other
functions of trusts
(1)
A private water trust has the following
functions:
(a)
to provide, maintain or operate a water supply
system, water distribution system or drainage system,
(b)
any other function conferred or imposed on the
trust by or under this or any other Act.
(2)
The trust may supply water:
(a)
under an access licence or approval held by the
trustees or trust, or
(b)
for the purpose of an access licence or approval
held by a member whose member’s water entitlement has been transformed
under Division 4.
225Rules of private water
trusts
(1)
A private water trust may, from time to time,
amend or replace the rules of the trust.
(2)
The rules may make provision for or with respect
to the following matters:
(a)
elections of trustees,
(b)
the trustees and procedures of the
trustees,
(c)
the members of the trust,
(d)
meetings of the trust,
(e)
meetings of trustees of the
trust,
(f)
the voting rights of members of the trust, or
classes of members of the trust,
(g)
new members of the trust,
(h)
the functions of the trust that may be exercised
only by resolution at a meeting of the members of the
trust,
(i)
the imposition of rates and charges on members of
the trust for services (including water) provided by the
trust,
(j)
the regulation of a water supply, water
distribution or drainage system provided by the trust,
(k)
the regulation of the supply, taking or use of
water provided by a water supply or water distribution system provided by the
trust,
(l)
the regulation of the draining or disposal of
water through a drainage system provided by the trust,
(m)
the financial management and systems of the
trust,
(n)
the manner in which the rules are to be amended
or replaced,
(o)
any other matters prescribed by the
regulations,
(p)
any other matters necessary for, or ancillary to,
the purposes of the trust.
(3)
The rules must:
(a)
not be inconsistent with this Act or the
regulations, and
(b)
comply with any requirements prescribed by the
regulations.
(4)
A trust must notify changes to the rules, or
replaced rules, in the manner prescribed by the
regulations.
(5)
The rules are binding on the trustees and members
of the trust and landholders to whom the trust provides services and it is
presumed that the trustees, members and landholders have notice of the
rules.
(6)
A rule has no effect to the extent to which it is
inconsistent with this Act or the regulations.
(7)
A trust must not make a change to a rule unless
the proposed change has been approved by at least two thirds of the members of
the trust who are entitled to vote on the question or the change is authorised
by the rules.
(8)
The regulations may vary the proportion of
members of a trust who must approve any such change or any class of
change.
226Trustees must provide copy of
rules
(1)
A trustee of a private water trust must, if
required to do so by the Minister, provide the Minister with a copy of the
rules of the trust.
Maximum penalty: 20 penalty
units.
(2)
A private water trust must, on the request of a
member of the trust and payment by the member of the fee (if any) prescribed
by the rules of the trust, provide the member with a copy of the rules of the
trust.
227Delegation
A private water trust or the trustees of a trust
may by instrument in writing delegate:
(a)
to any trustee or to any member of the trust,
or
(b)
to any employee of the
trust,
any of their functions, other than this power of
delegation.
Division 3Operational
functions
228Trust works and other
works
(1)
A private water trust may exercise the following
functions for the purpose of its water supply, water distribution and drainage
functions:
(a)
construct, install, maintain, operate and manage
trust works,
(b)
repair, replace, maintain, remove, extend,
connect, disconnect, improve or do any other things in relation to trust works
that are necessary for the purpose of carrying out their
functions.
(2)
A private water trust may enter into an
arrangement with a landholder to provide services in relation to works that
are not trust works.
229Members may be required to
provide distribution works
(1)
A private water trust may require a member of the
trust, or a landholder who is supplied with water by the trust, to do any of
the following:
(a)
to provide water delivery systems on a
landholding to enable the supply of water to the land at the rate specified by
the trust,
(b)
to provide water storage works in the locations,
and of a kind, specified by the trust for water supplied for stock or domestic
purposes,
(c)
to maintain any water delivery systems or water
storage works on the land so as to enable the trust to properly exercise
functions in relation to the supply of water.
(2)
The requirement is to be made by notice in
writing given by the trust to the member or landholder.
(3)
A requirement may be made under this section only
if it is necessary for the efficient or effective operation of trust works or
the carrying out of the trust’s functions.
230Discontinuation of water
supply by trust
(1)
A private water trust may at any time suspend or
restrict the supply of, or refuse to supply, water to a member or landholder
if the trust is reasonably satisfied that any of the following circumstances
exist:
(a)
the water that is available to the trust cannot
meet the demand,
(b)
the water that is available to the trust is not
suitable for the required purpose,
(c)
the trust is unable to provide sufficient
conveyance water in connection with the operation of an irrigation
system,
(d)
the trust is not lawfully able to supply the
quantity of water,
(e)
the member or landholder has failed to pay
charges or fees for water or other services provided by the
trust,
(f)
the member or landholder has contravened or
failed to comply with a condition on which water or drainage services are
supplied by the trust,
(g)
the member or landholder has contravened or
failed to comply with a requirement of the trust relating to the provision,
maintenance or repair of distribution works or any other requirement made by
the trust in accordance with this Act, the regulations or the
rules,
(h)
the member or landholder has contravened or
failed to comply with a requirement of this Act, the regulations or the
rules,
(i)
the trust is unable to dispose of water draining
into its drainage system because of the degraded quality of the
water.
(2)
A private water trust that takes action under
this section may reduce the amount of water available by different amounts or
proportions according to such factors as it thinks fit.
231Supply of services to other
persons
(1)
A private water trust may enter into an agreement
with a person who is not a member of the trust to supply water for the purpose
of irrigating land or other purposes, or to drain water from land, by means of
a water supply, water distribution or drainage system provided and managed by
the trust.
(2)
A private water trust must not supply water for
domestic purposes if a supply of water is available to the person from a local
water utility or a major utility.
232Powers of entry and
inspection
(1)
A private water trust may, by its employees or
agents, enter onto land on which trust works are situated, or any other land,
for the following purposes:
(a)
to carry out any of the trust’s functions
in relation to trust works,
(b)
to read a meter that measures water supplied by
the trust or monitors drainage for quantity or quality or
both,
(c)
to carry out investigations or inspections, take
levels, drill test bore-holes, dig trenches, make surveys and marks, and fix
pegs and stakes, for the purposes of designing, constructing or determining
the site of a proposed trust work,
(d)
to remove samples of materials from the land for
the purpose of carrying out trust functions, but only if the landholder has
been consulted and the views of the landholder have been
considered,
(e)
to exercise any other powers that are incidental
to the trust’s functions that are reasonably necessary for carrying out
those functions.
(2)
The powers of entry conferred by this section are
not to be exercised for a purpose referred to in subsection (1) (a), (c) or
(d) without prior notice to the landholder of the land.
(3)
The trust must ensure that as little damage as
possible is caused by the exercise of powers under this section and must
repair any damage caused or pay compensation for the
damage.
233Works
plans
(1)
A works plan for a trust must:
(a)
identify the water management works or proposed
works that are the trust works, and
(b)
specify the location of, and describe, the works,
and
(c)
specify the land to which the works plan
applies.
(2)
A works plan must comply with any requirements
prescribed by the regulations and the rules.
(3)
A works plan may be amended or replaced if the
amendment or replacement is consented to by any landholder on whose land
affected works are situated or is authorised by the
rules.
(4)
A works plan may specify works on land of former
members of the trust who have transformed their member’s water
entitlements.
(5)
Regulations may be made for or with respect to
the keeping of, and provision of, copies of works plans.
Division 4Sale and transformation of
water entitlements
234Water entitlements of
members
(1)
A private water trust may, if requested to do so
by a member of the trust, determine the member’s water
entitlement.
(2)
The trust must determine a member’s water
entitlement if the request is made by a member who is supplied by the trust
with water for irrigation.
(3)
The trust must have regard to the following
matters when determining the member’s water entitlement:
(a)
the nature of agricultural activities on the land
to which water is supplied,
(b)
the amount of water currently supplied to the
member,
(c)
any present or past water sharing arrangements
applicable to the member,
(d)
any other matter it considers
relevant,
(e)
any other matter prescribed by the
regulations.
(4)
A determination may specify the different parts
of the member’s water entitlement that are available to the landholding
for different purposes.
(5)
A determination must be in writing and comply
with the requirements of the regulations. Notice of a determination must be
given in writing by the trust to the member.
(6)
A determination may be varied or redetermined
only on a further application made by the member within 3 months of the
determination or in the circumstances prescribed by the
regulations.
(7)
A person must not participate in a determination
of a member’s water entitlement if the person or a member of the
person’s immediate family (within the meaning of the regulations) has an
interest in the entitlement.
235Sale or transfer of group
entitlement
A private water trust must not enter into a
dealing to sell or mortgage the whole or part of the water entitlement of a
trust under an access licence unless the dealing is permitted under, and is in
accordance with, the rules of the trust.
236Sale or transfer of
members’ water entitlements
(1)
A member of a private water trust may sell or
transfer the whole or any part of the member’s water entitlement to
another member or to the trust.
(2)
A member must not sell or transfer the whole or
part of the member’s water entitlement under this section unless the
sale or transfer has been approved by the trust in accordance with the rules
or the regulations.
(3)
A sale or transfer by a member does not affect
the member’s membership of the trust, except as provided by this Act and
the rules of the trust.
237Transformation of
member’s water entitlements
(1)
A private water trust may make an application
under Division 4 of Part 2 of Chapter 3 for the purpose of wholly or partly
transforming a member’s water entitlement into an access licence under
this Act.
(2)
On transformation of the whole or part of a
member’s water entitlement to an access licence:
(a)
the member is not entitled to vote (as a trustee)
or as a member on any matter relating to the transformation of one or more
other members’ water entitlements or the supply of water to members who
have not transformed their water entitlements, and
(b)
the trust may continue to exercise functions in
relation to any trust works that are located on the landholding (whether or
not the trust is to deliver the member’s water entitlement under the
access licence or the landholder remains a member of the
trust).
(3)
If the whole of a person’s water
entitlement is transformed and the person does not have a right to the
delivery of that water by the trust:
(a)
the person ceases to be a member of the trust,
and
(b)
the trust must not fix rates and charges in
respect of the person’s landholding for that water (other than
termination charges).
(4)
The rules may make provision for or with respect
to other circumstances in which a person whose member’s water
entitlement has been transformed ceases to be a member of the
trust.
(5)
The trust may require a member to provide
security as a condition of consent to transformation of the whole or part of
the member’s water entitlement, subject to the
regulations.
(6)
Without limiting subsection (5), the following
kinds of security may be required by the trust:
(a)
a charge over a part of an irrigation right that
is not transformed,
(b)
a charge over an access licence or other
entitlement to water acquired by the person and resulting from the
transformation,
(c)
a guarantee by an authorised deposit-taking
institution,
(d)
a deposit lodged with the
trust.
Division 5Changes to private water
trusts
238Changes in membership
requiring works plan changes
(1)
A private water trust must not make a change in
membership that results in a consequential change to the works plan of the
trust unless the proposed change to the works plan has been approved by at
least two thirds of the members of the trust who are entitled to vote on the
question.
(2)
The regulations may vary the proportion of the
members of the trust who must approve any such change.
(3)
Any change to the works plan takes effect from
the date approval is given or such other date (being an earlier or later date)
as is specified in the approval.
239Application for amalgamation
of private water trusts
(1)
Two or more private water trusts may apply to the
Minister to constitute one private water trust.
(2)
An application is:
(a)
to be in the approved form,
and
(b)
to be accompanied by a works plan and proposed
rules for the new trust, and
(c)
to be accompanied by any other information
required by the Minister or prescribed by the regulations,
and
(d)
to be accompanied by the fee (if any) prescribed
by the regulations.
239ADetermination 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.
239BEffect of sale of
land
(1)
If a member of a private water trust sells to a
person land to which the trust provides or is able to provide water supply or
drainage services:
(a)
the member ceases to be a member in respect of
that land when that sale takes effect, and
(b)
the purchaser is taken to be a member of the
trust when the sale takes effect, and
(c)
the purchaser has all the entitlements and
liabilities of the vendor as a member, in respect of the land, that the vendor
had immediately before the sale took effect.
(2)
A member of a trust who sells land as referred to
in this section must notify the trust of the sale in accordance with any
requirements of the regulations or the rules.
239CEffect of
subdivision
The subdivision of land by a member of a private
water trust:
(a)
does not of itself entitle any other person to be
a member of the trust or entitle any other person to be supplied with water or
provided with drainage or other services by the trustees or trust,
and
(b)
does not of itself affect any existing
entitlement of any other person in relation to any such service,
and
(c)
does not of itself affect any functions of the
trustees or trust in relation to trust works.
239DConversion of private water
trust to private water corporation
(1)
A private water trust may apply to the Minister
to convert the trust to a private water corporation.
(2)
An application is:
(a)
to be in the approved form,
and
(b)
to be accompanied by a works plan for the
corporation and proposed rules for the corporation, and
(c)
to be accompanied by any other information
required by the Minister or prescribed by the regulations,
and
(d)
to be accompanied by the fee (if any) prescribed
by the regulations.
(3)
The Minister must not grant the application
unless the Minister is satisfied that not less than two thirds of the members
of the trust have approved of the application being
made.
(4)
The application is to be dealt with as if it were
an application for the constitution of a corporation made in accordance with
Part 2.
(5)
The regulations may make provision for or with
respect to the following matters:
(a)
the modification of the application of the
provisions of Part 2 for the purposes of this section,
(b)
provisions of a savings and transitional nature
and any other matter consequent on or ancillary to the creation of the
corporation.
Division 6Rates and
charges
239EFixing of rates and
charges
(1)
A private water trust must for each year
commencing on 1 July fix the rates and charges payable in respect of each
landholding owned or occupied by its members that is a landholding for which
the trust may exercise functions, or for which it provides water or drainage
services in that year.
(2)
In determining the amount of rates and charges
payable, the trust must fix an amount that it considers is sufficient to meet
the estimated costs of the following:
(a)
the trust’s likely costs in providing
irrigation, water supply, drainage and flood control services for that
year,
(b)
the liabilities of the trust,
(c)
the likely costs relating to trust works,
including (but not limited to) maintenance, improvement and replacement of
works and new works,
(d)
provision for a sinking fund (if
necessary),
(e)
any other matters prescribed by the
regulations.
(3)
The rates and charges payable may (but are not
required to) be fixed on the basis of any one or more of the following:
(a)
the volume or quality of water supplied or
proposed to be supplied to a landholding,
(b)
the area of a landholding,
(c)
whether or not water or drainage services are or
are proposed to be provided to a landholding,
(d)
the purpose for which water services are supplied
or proposed to be supplied to a landholding.
(4)
If rates and charges are payable on the basis of
the area of a landholding, a landholding that has an area equal to a number of
hectares and a remaining fraction of a hectare is to be rounded up to the
nearest hectare.
(5)
The trust may also fix the following
charges:
(a)
termination charges payable by a member or former
member in connection with the trust ceasing to supply water to the member or
former member (whether because of the transformation of the member’s
water entitlement to an access licence or otherwise),
(b)
charges payable for the delivery of water to a
member after transformation of the whole or part of the member’s water
entitlement.
(6)
A trust must give notice of its fees and charges
for a year in the manner prescribed by the regulations and must specify in the
notice the basis on which the rates and charges are
calculated.
(7)
The rules of a trust must provide for the
procedures for setting rates and charges and the period within which rates and
charges must be paid.
Note—
The regulations may prescribe requirements for
rules made under this section (see section 225 (3) (b)).
239FRecovery of unpaid rates and
charges
(1)
The owner or occupier of a landholding for which
rates or charges are levied by a private water trust must pay the rates and
charges to the trust.
(2)
If a landholding for which rates or charges are
levied is owned or occupied by more than one person the following provisions
apply:
(a)
the rates or charges may be levied on one or more
of those persons and may be recovered by the trust from any one or more of
those persons,
(b)
the trust is not entitled to recover more than
the total amount of the rates and charges (and any interest
payable).
(3)
If any land in a holding reverts to the Crown
during any year for which rates or charges are or are to be assessed, the
person who immediately before the reversion was the landholder of the land is
liable for payment of only that part of the rates or charges proportionate to
the part of the year for which the land was held by the person, and any excess
payment by the person must be refunded to the person.
Note—
Rates and charges are a charge on the land,
procedures for the sale of land for overdue rates are set out in Part 4 of
Chapter 7.
239GAbandonment of rates and
charges
(1)
A private water trust may, in accordance with the
rules, waive or reduce rates, charges and interest due.
(2)
Rates and charges may be waived under this
section only if the auditor of the private water trust certifies that the
waiver is in accordance with the rules and has been approved by the trustees
of the trust.
Division 7Finance
239HFinancial
records
(1)
A private water trust must cause proper accounts
and records to be kept in relation to all the operations of the
trust.
(2)
The trust must prepare financial statements for
each financial year of the trust.
(3)
Sections 41B and 41BA of the Public
Finance and Audit Act 1983 apply to financial statements
required to be prepared under this section in the same way that they apply to
financial reports required to be prepared under that
Act.
(4)
The financial statements must be submitted for
verification and certification to an auditor appointed in the manner
prescribed by the rules of the trust.
(5)
The regulations may provide for the
qualifications for appointment as an auditor under this
section.
(6)
A trustee of a trust or a member of a trust must
not be appointed to audit the financial statements of the
trust.
239IAuditor’s right to
access to information
(1)
An auditor of a private water trust has a right
of access at all reasonable times to the accounts and records of the
trust.
(2)
A trustee of a trust must comply with any
reasonable request by the auditor of the trust to provide information or
documents relating to the accounts or financial statements or related records
of the trust.
Maximum penalty: 20 penalty
units.
239JPresentation of audited
financial statements
(1)
A private water trust must, at the request of the
Minister, furnish to the Minister the audited financial statements and any
other documents requested within the time specified in the
request.
(2)
The audited financial statement must be laid
before the annual general meeting of the trust following their verification
and certification by the auditor.
239KBorrowing by private water
trusts
(1)
A private water trust has and may exercise the
following functions:
(a)
to pay to the Treasury, at such times as may be
fixed by the Minister, the interest and charges payable by the
trust,
(b)
to borrow money, but only as provided by this
section.
(2)
A loan by way of limited overdraft may be
obtained for the purpose of meeting necessary legitimate expenditure prior to
the collection of rates or for the purpose of carrying out urgent works of
renewal, or replacement, or other emergency, for which sufficient funds are
not immediately available.
(3)
On application by a trust the Minister may issue
a certificate of limit of overdraft, in which must be named the purpose in
respect of which the loan may be obtained and the limit of the amount to be
borrowed.
(4)
The sum to be stated in the certificate as the
limit of the overdraft is in the discretion of the Minister, but must not
exceed the estimated amount required for the purpose mentioned therein plus
10% of such amount.
(5)
The loan is subject to any conditions inserted by
the Minister in the certificate, and the money borrowed is taken to be secured
on the income of the trust and must be repaid within the time fixed in the
certificate.
(6)
All sums received on account of a trust’s
sinking fund must be carried by the Treasurer to a special account, to be
called “The Water Supply Loan Redemption Fund”, and all other sums
to the Consolidated Fund.
(7)
The regulations may make provision for or with
respect to regulating the payment to the Crown of
interest.
Division 8Winding up of private water
trusts
239LAppointment of an
administrator
(1)
The Minister may, by order published in the
Gazette, remove the trustees of a private water trust from office and appoint
an administrator to conduct the affairs of the trust.
(2)
The Minister may make an order if the Minister is
of the opinion that:
(a)
the trustees or the trust have failed, or are
unable to, carry out their functions as required by or under this Act,
or
(b)
without limiting paragraph (a), the trustees or
trust have failed or are unable to provide or maintain water supply, water
distribution or drainage services or trust works, or
(c)
the trust is unable to pay its debts as they fall
due, or
(d)
the trustees or trust have regularly or
materially contravened this Act, the regulations or the rules of the trust,
or
(e)
in all the circumstances of the case it is just
and equitable to do so.
(3)
Before making an order, the Minister must:
(a)
cause notice of the proposed order to be
published in a newspaper circulating in the local area in which the trust
provides services, and
(b)
in that notice, invite submissions to be made to
the Minister about the proposal within the period of 4 weeks following the
publication of the notice, and
(c)
consider any submissions made within that
period.
(4)
The Minister is not required to comply with
subsection (3) if the Minister is of the opinion that the special
circumstances of the case require the order to be made
immediately.
239MFunctions of
administrator
(1)
The administrator of a private water trust
appointed under this Division holds office for such period as is specified in
the order appointing the administrator. The administrator ceases to hold
office if the Minister, by a subsequent order published in the Gazette,
revokes the appointment or on the appointment of new trustees under this
section.
(2)
The administrator has and may exercise the
functions of the trust specified in the administrator’s order of
appointment (subject to any conditions specified in that order) but is not
required to comply with the rules of the trust.
(3)
The administrator may amend the rules of the
trust and take such other action as is necessary to enable the trust to
properly exercise its functions.
(4)
The administrator is entitled to be paid such
remuneration, from the funds of the trust, as the Minister may from time to
time determine.
(5)
The Minister may at any time, by order published
in the Gazette, extend the period of appointment of an
administrator.
(6)
The administrator must, if required to do so by
the Minister, report to the Minister on the administrator’s conduct of
the affairs of the trust.
(7)
The administrator may at any time recommend to
the Minister that new trustees be appointed or that the trust be wound
up.
(8)
The administrator must, if required to do so by
the Minister, arrange for elections to be held for new elected
trustees.
239NRemoved trustees not eligible
for re-election
If the trustees of a private water trust have
been removed from office, each of the trustees is ineligible for subsequent
appointment or election as a trustee of the trust, unless the Minister
declares in writing that the trustee is eligible for subsequent appointment or
election.
239OEffect of administration on
existing contracts
On the appointment of an administrator of a
private water trust:
(a)
all contracts of employment by or on behalf of
the trust are terminated, and
(b)
the administrator may terminate any contract for
the provision of services to or by or on behalf of the
trust.
239PWinding up of private water
trusts
(1)
The Minister may, by order published in the
Gazette, order that a private water trust be wound up if:
(a)
requested to do so by the trustees after a
resolution to wind up the trust was passed at a meeting of the trust by not
less than 75% of the members of the trust, or
(b)
the administrator of the trust has recommended
that the trust be wound up.
(2)
The order must appoint a person as the liquidator
of the trust.
(3)
The regulations may make provision for or with
respect to the winding up of a trust and for the disposal of residual assets
held by or on behalf of the trust.
(4)
The Minister may, by order published in the
Gazette, abolish a trust if satisfied that the winding up of the trust under
this section has been completed.
Division 9Miscellaneous
239QLiability for water source and
other changes
(1)
A private water trust, the trustees of a trust,
any officer or employee of the trustees of a trust or a person acting under
the direction of the trust, trustees, officer or employee is not subject to
any action, liability, claim or demand arising:
(a)
from the unavailability of water,
or
(b)
from the escape of water from a trust work,
or
(c)
from a failure to supply, distribute or drain
water that is authorised by the rules, this Act or the
regulations,
as a consequence of anything done or omitted to be done
in good faith by the trust, trustees, officer or employee or person for the
purposes of executing this Act or of carrying out the functions of the
trust.
(2)
This section does not limit section
397.
239RMinisterial directions about
rules
(1)
The Minister may, by notice in writing to a
private water trust or the trustees of a trust, direct the trust or trustees
to comply with, or cease to contravene, the rules of the
trust.
(2)
The notice may direct the trust or trustees to
take specified action or to cease to take specified
action.
(3)
A trust or the trustees of a trust must not
contravene a direction under this section.
Tier 2 penalty.
239SName
changes
The Minister may, by order published in the
Gazette, change the name of a private water trust, if the trust has been
approved by the voting members in accordance with the rules of the
trust.
239TPrivate trusts not NSW
government agencies
A private water trust is not a NSW government
agency.
[60], [61]
[62]Section 342 Destruction,
damage and interference with certain works
Omit “a private irrigation board, a private
drainage board” wherever occurring in section 342 (1) and
(2).
Insert instead “a private water
corporation”.
[63]Section 343 Taking water from
public or private works
Omit “a private irrigation board, a private
drainage board” from section 343 (1).
Insert instead “a private water
corporation”.
[64]Section 343
(1)
Omit “corporation, board,”. Insert
instead “corporation,”.
[65], [66]
[67]Section 354
Definition
Omit “a private irrigation board, a private
drainage board”.
Insert instead “a private water
corporation”.
[68]Section 359 Sale of land for
unpaid rates and charges
Insert “, private water corporation or
private water trust” after “authority” wherever occurring in
section 359 (1) and (3) (a)–(c).
[69], [70]
[71]Section 368 Appeals to Land
and Environment Court
Insert after section 368 (1) (o):
(p)
a decision by the Minister to give a direction to
a private water corporation, private water trust or the trustees of a trust to
comply with, or to cease to contravene, the rules of the corporation or
trust.
[72]Section 368
(1A)
Insert after section 368 (1):
(1A)
An appeal lies to the Land and Environment Court
against any of the following decisions:
(a)
a decision by a private water corporation or an
irrigation corporation to impose a charge under section 136A or 170 on a
member, landholder or other person,
(b)
a decision by a private water corporation as to a
member’s water entitlement,
(c)
a decision by a private water trust or the
trustees of a trust as to a member’s water
entitlement.
[73]Section 375 Acquisition of
land
Omit “private irrigation board”
wherever occurring in section 375 (2).
Insert instead “private water
corporation”.
[74]Section 375
(2A)
Insert after section 375 (2):
(2A)
The acquisition of land by the Ministerial
Corporation for the purposes of a private water trust is taken to be for the
purposes of this Act if the purpose of the acquisition is to enable the
trustees of the trust or the trust to exercise functions under this
Act.
[75]
[76]Section 397 Exclusion of
personal liability
Insert “or trustee” after
“member” in section 397 (1) (b).
[77]Section 397 (2) (f) and
(g)
Omit the paragraphs. Insert instead:
(f)
a private water corporation,
or
(g)
the administrator of a private water corporation
or a private water trust, or
[78]
[79]Schedule
9
Insert at the end of the Schedule with
appropriate Part and clause numbering:
PartProvisions consequent on
enactment of Water Management Amendment Act
2010
Definitions
In this Part:
new
corporation means a private water corporation constituted
under this Part.
the 2010
amending Act means the Water Management
Amendment Act 2010.
Continuing application of
provisions to private irrigation boards, private irrigation districts and
private drainage boards
(1)
Parts 2 and 3 of Chapter 4 of the Act, and any
regulations made for the purposes of those Parts, as in force immediately
before the repeal of those Parts, continue to apply to a private irrigation
board and its private irrigation district, or a private drainage board, until
they are wound up, abolished, or converted to private water corporations under
this Part (whichever occurs first).
(2)
This clause is subject to this
Part.
Conversion of existing private
irrigation boards and districts and private drainage
boards
(1)
This clause applies to a private irrigation board
and a private irrigation district, or a private drainage board, in existence
immediately before the repeal of Parts 2 and 3 of Chapter 4 of the Act by the
2010 amending Act.
(2)
On the commencement of this clause:
(a)
each private irrigation board and each private
drainage board is constituted as a body corporate that is a private water
corporation, and
(b)
each private irrigation board and its associated
private irrigation district and each private drainage board are
abolished.
(3)
Each private water corporation constituted by
this clause:
(a)
has the same name as the private irrigation board
or private drainage board it replaces, unless the Minister otherwise approves,
and
(b)
is taken for all purposes to be a continuation of
and the same legal entity as the private irrigation board or private drainage
board it replaces.
(4)
The regulations may make provision for or with
respect to the following matters:
(a)
deeming provisions of an instrument under this
Act or an instrument of the relevant board to be rules of the
corporation,
(b)
deeming works (including works for which the
board exercises functions after transformation of a landholder’s
entitlement) to be corporation works of the corporation,
(c)
specifying works and other matters that are
deemed to comprise the works plan of the corporation,
(d)
the landholdings for which the corporation may
exercise functions,
(e)
deeming existing rates and charges to be rates
and charges of the corporation,
(f)
deeming existing members of private irrigation
boards and private drainage boards to be board members of the corporation,
pending the first election of board members,
(g)
the date, time and place for the first election
of the board members of the corporation,
(h)
the members of the
corporation,
(i)
requirements for the preparation and adoption of
a works plan and rules of the corporation,
(j)
provisions of a savings or transitional nature
and any other matter consequent on or ancillary to the creation of a new
corporation.
(5)
A corporation constituted under this clause is
not a NSW government agency.
Conversion of private water
trusts to private water corporations
(1)
The members of a private water trust may apply to
the Minister to convert the trust to a private water
corporation.
(2)
If an application is made under this clause, the
Minister may convert the trust to a private water corporation under section
239D and may dispense with any of the requirements of that
section.
(3)
The Minister may approve an application under
this clause subject to conditions requiring compliance with those requirements
within a period specified by the Minister.
(4)
The regulations may make provision for or with
respect to the following matters:
(a)
deeming provisions of an instrument under this
Act or an instrument of the trust to be rules of the
corporation,
(b)
deeming works (including works for which the
trust exercises functions after transformation of a landholder’s
entitlement) to be corporation works of the corporation,
(c)
specifying works and other matters that are
deemed to comprise the works plan of the corporation,
(d)
the landholdings for which the corporation may
exercise functions,
(e)
deeming existing rates and charges to be rates
and charges of the corporation,
(f)
deeming existing members of trusts or trustees to
be board members of the corporation, pending the first election of board
members,
(g)
the date, time and place for the first election
of the board members of the corporation,
(h)
the members of the
corporation,
(i)
requirements for the preparation and adoption of
a works plan and rules of the corporation,
(j)
provisions of a savings or transitional nature
and any other matter consequent on or ancillary to the creation of the
corporation.
(5)
This clause ceases to have effect 24 months after
the commencement of section 239D, as inserted by the 2010 amending
Act.
Existing chairpersons of
private water trusts
The substitution of section 223 by the 2010
amending Act does not affect the appointment of any chairperson of a private
water trust who held office as chairperson immediately before that
substitution.
Existing members of
trusts
(1)
A member of a trust who held office immediately
before the commencement of section 223, as inserted by the 2010 amending Act,
is taken to have been elected as a trustee of the trust for the period ending
on the expiry of the period of the person’s last appointment, or until
elections are held for trustees of the trust, whichever first
occurs.
(2)
A reference in any instrument to a member of a
private water trust (other than a voting member of such a trust) is taken to
be a reference to a trustee of a private water trust.
Rules of private water
trusts
(1)
Clauses 50, 53–55, Divisions 6–12 of
Part 7 and Part 9 (other than Division 2) of the Water Management (General) Regulation
2004, as in force immediately before the commencement of
section 225 (as inserted by the 2010 amending Act), continue to apply to or in
respect of the trustees of a private water trust and private water trusts and
are taken to be the rules of the trust until they are amended or replaced
under section 225 (as inserted by the 2010 amending
Act).
(2)
This clause is subject to the
regulations.
Works plans of private water
trusts
The regulations may make provision for or with
respect to the following:
(a)
deeming works (including works for which a
private water trust exercises functions after transformation of an
entitlement) to be trust works of a private water trust,
(b)
specifying the works and other matters that are
deemed to comprise the works plan of a private water
trust,
(c)
the landholding for which a private water trust
may exercise functions.
Existing rates and charges of
private water trusts
(1)
The rates and charges fixed by a private water
trust, and in force immediately before the commencement of section 239E, as
inserted by the 2010 amending Act, continue to apply until new rates and
charges are fixed under this Act.
(2)
Until rules are adopted for a trust for the
purposes of Division 6 of Part 4 of Chapter 4, as substituted by the 2010
amending Act:
(a)
sections 232 and 233, as in force immediately
before that substitution, continue to apply to or in respect of the trust and
its water supply district, and
(b)
sections 239E and 239F, as inserted by the 2010
amending Act, do not apply to or in respect of the
trust.
(3)
This clause is subject to the
regulations.
Transfer of property by former
trust members
(1)
This clause applies to a former member of a
private water trust who had ceased to be such a member before the commencement
of section 223, as inserted by the 2010 amending Act.
(2)
The former member must take all action necessary
to transfer any interest in property held by the former member on behalf of
the private water trust to the trust or as directed in writing by the current
trustees.
References to adaptive
environmental water conditions
A reference in any instrument to an adaptive
environmental water condition is taken to be a reference to a condition
referred to in section 8 (1) (b) (i), as inserted by the 2010 amending
Act.
Application of new
defences
Sections 91A (4) and (5), 91B (5) and 91I (3), as
inserted by the 2010 amending Act, do not apply to proceedings for offences
commenced before the commencement of those subsections.
[80], [81]
[82]Schedule
13
Insert after Schedule 12:
Schedule 13Private water
corporations
(Sections 139 and
179)
[83]–[85]
[86]Dictionary, definitions of
“private drainage board” and “private irrigation
board”
Omit the definitions. Insert instead:
private
water corporation means a private water corporation
constituted under Part 2 of Chapter 4.
sch 2: Am 1987 No 15,
sec 30C; 2011 No 62, Sch 1.24 [1] [2].
Schedule 3Amendment of other
Acts
3.1Farm
Water Supplies Act 1946 No 22
[1]Section 16A Loan to private
water corporation
Omit the definition of Board from section 16A
(1).
Insert in alphabetical order:
private
water corporation means a private water corporation within
the meaning of the Water Management Act
2000.
[2]Section 16A (2), (4) and
(6)
Omit “Board” wherever
occurring.
Insert instead “private water
corporation”.
[3]Section 16A
(5)
Omit “Board” where firstly
occurring.
Insert instead “private water
corporation”.
[4]Section 16A
(5)
Omit “Board” where secondly
occurring.
Insert instead
“corporation”.
3.2Land
and Environment Court Act 1979 No
204
Section 17 Class
1—environmental planning and protection appeals
Omit “section 368” from section 17
(c).
Insert instead “section 368 (1) and
(1A)”.
3.3Roads
Act 1993 No 33
Section 99 Private bodies to
maintain or repair certain water supply and drainage
works
Omit “a private irrigation board, a private
drainage board” from section 99 (1).
Insert instead “a private water
corporation”.
Historical
notes
Table of amending
instruments
Water Management
Amendment Act 2010 No 133. Assented to 7.12.2010. Date of
commencement, Schs 2 and 3 excepted, 17.12.2010, sec 2 and 2010 (721) LW
17.12.2010; date of commencement of Sch 2 [1]–[15] [17]–[35]
[37]–[45] [49] [50] [60] [61] [65] [66] [69] [70] [75] [78] [79] (to the
extent that it inserts the Part heading and the cll entitled
“Definitions”, “References to adaptive environmental water
conditions” and “Application of new defences”) [80] [81] and
[83]–[85], 4.4.2011, sec 2 and 2011 (146) LW 3.3.2011; date of
commencement of Sch 2 [16], 1.3.2013, sec 2 and 2013 (71) LW 1.3.2013; date of
commencement of Sch 2 [36] [46]–[48] [51]–[59] [62]–[64]
[67] [68] [71]–[74] [76] [77] [79] (except to the extent that it inserts
the Part heading and the cll entitled “Definitions”,
“References to adaptive environmental water conditions” and
“Application of new defences”) [82] and [86], and the heading to
Sch 2, and Sch 3: not in force. This Act has been amended as follows:
2011
No
62
Statute Law
(Miscellaneous Provisions) Act (No 2) 2011. Assented to
16.11.2011.
Date of commencement of Sch 1, 6.1.2012, sec 2
(1).
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
1
Rep 1987 No
15, sec 30C.
Sch
2
Am 1987 No
15, sec 30C; 2011 No 62, Sch 1.24 [1] [2].