1982
1982
2011-07-08
act
publicspecial
act.reprint
allinforce
2011-07-08
act-2011-027
none
act-1982-139
72b8a0a3-8304-46a9-8907-c6ba97f1644a
81825f79-fa7d-45ca-b352-1a433fe9c6cd
Repeal:
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2011
No 27 with effect from 8.7.2011.
An Act to repeal the Junee Water Supply
Administration Act 1915 and certain other enactments and
to make certain provisions consequent upon the repeal of those
enactments.
1Name of
Act
This Act may be cited as the Junee
Water Supply Administration (Repeal) Act
1982.
2Principal
Act
The Junee Water Supply Administration Act
1915 is referred to in this Act as the Principal
Act.
3Repeals
Each Act specified in Column 1 of Schedule 1 is,
to the extent specified opposite that Act in Column 2 of Schedule 1,
repealed.
4Transfer of control and
management of certain works
On and from the commencement of this Act:
(a)
the management and control of the works referred
to in sections 4 and 5 of the Principal Act (other than the gravitation main
from the storage dam at Bethungra to the service reservoir at Junee) are
vested in the Administrator of the South-west Tablelands Water
Supply,
(b)
the management and control of the gravitation
main from the storage dam at Bethungra to the service reservoir at Junee are
vested in the Northern Riverina County Council,
(c)
the management and control of the works referred
to in section 6 of the Principal Act (other than so much of the service main
constructed under the Junee Water Supply Act 1893 as is within
the boundaries of the municipality of Junee as those boundaries existed at the
commencement of the Principal Act) are vested in the Northern Riverina County
Council, and
(d)
the management and control of so much of the
service main constructed under the Junee Water Supply Act
1893 as is within the boundaries of the municipality of
Junee as those boundaries existed at the commencement of the Principal Act are
vested in the Administrator of the South-west Tablelands Water
Supply.
5Transfer of certain rights and
liabilities
(1)
In this section:
prescribed transferee means:
(a)
in relation to prescribed works consisting of the
works referred to in section 4 or 5 of the Principal Act (other than the
gravitation main from the storage dam at Bethungra to the service reservoir at
Junee)—the Administrator of the South-west Tablelands Water
Supply,
(b)
in relation to prescribed works consisting of the
gravitation main from the storage dam at Bethungra to the service reservoir at
Junee—the Northern Riverina County Council,
(c)
in relation to prescribed works consisting of the
works referred to in section 6 of the Principal Act (other than so much of the
service main constructed under the Junee Water Supply Act
1893 as is within the boundaries of the municipality of
Junee as those boundaries existed at the date of commencement of the Principal
Act)—the Northern Riverina County Council, and
(d)
in relation to prescribed works consisting of so
much of the service main constructed under the Junee Water Supply Act
1893 as is within the boundaries of the municipality of
Junee as those boundaries existed at the date of commencement of the Principal
Act—the Administrator of the South-west Tablelands Water
Supply.
prescribed transferor means:
(a)
in relation to prescribed works consisting of the
works referred to in section 4 or 5 of the Principal Act—the
Administrator of the Junee Water Supply, and
(b)
in relation to prescribed works consisting of the
works referred to in section 6 of the Principal Act—the Junee Shire
Council.
prescribed works means the works
referred to in sections 4, 5 and 6 of the Principal
Act.
(2)
On and from the commencement of this Act:
(a)
all real and personal property and all rights and
interest therein and all management and control thereof that, immediately
before that commencement, was vested in or belonged to the prescribed
transferor, and was held in connection with the prescribed works, shall vest
in or belong to the prescribed transferee,
(b)
all debts, money and claims, liquidated and
unliquidated, in connection with the prescribed works that, immediately before
that commencement, were due or payable to, or recoverable by, the prescribed
transferor shall be debts due and money payable to and claims recoverable by
the prescribed transferee,
(c)
all suits, actions and proceedings in connection
with the prescribed works pending immediately before that commencement at the
suit of the prescribed transferor shall be suits, actions and proceedings
pending at the suit of the prescribed transferee and all such suits, actions
and proceedings so pending at the suit of any person against the prescribed
transferor shall be suits, actions and proceedings pending at the suit of that
person against the prescribed transferee,
(d)
all contracts, agreements, arrangements and
undertakings in connection with the prescribed works entered into with, and
all securities in connection with the prescribed works lawfully given to or
by, the prescribed transferor and in force immediately before that
commencement shall be deemed to be contracts, agreements, arrangements and
undertakings entered into with, and securities given to or by, the prescribed
transferee,
(e)
the prescribed transferee may, in addition to
pursuing any other remedies or exercising any other powers that may be
available to him, pursue the same remedies for the recovery of money and
claims in connection with the prescribed works and for the prosecution of
suits, actions and proceedings in connection with the prescribed works as the
prescribed transferor might have done but for the enactment of this
Act,
(f)
the prescribed transferee may enforce and realise
any security or charge in connection with the prescribed works existing
immediately before that commencement in favour of the prescribed transferor
and may exercise any powers thereby conferred on the prescribed transferor as
if the security or charge were a security or charge in favour of the
prescribed transferee,
(g)
all debts, money and claims, liquidated and
unliquidated, in connection with the prescribed works that, immediately before
that commencement, were due or payable by, or recoverable against, the
prescribed transferor shall be debts due and money payable by and claims
recoverable against the prescribed transferee, and
(h)
all liquidated and unliquidated claims in
connection with the prescribed works for which the prescribed transferor
would, but for the enactment of this Act, have been liable shall be liquidated
and unliquidated claims for which the prescribed transferee shall be
liable.
(3)
Any act, matter or thing done or omitted to be
done in connection with the prescribed works before the commencement of this
Act by, to or in respect of the prescribed transferor shall, to the extent
that but for the enactment of this Act that act, matter or thing would on or
after that commencement have had any force or effect or been in operation, be
deemed to have been done or omitted to be done by, to or in respect of the
prescribed transferee.
6Transfer of certain
funds
(1)
The balances (as at the commencement of this Act)
of the Junee Water Supply Working Account kept under section 13 of the
Principal Act and the Bethungra Water Supply Account kept under section 17 of
that Act shall be paid into the South-west Tablelands Water Supply Working
Account kept under section 12 of the South-west Tablelands Water Supply
Administration Act 1941.
(2)
The balance (as at the commencement of this Act)
of the Junee Water Supply Renewal Reserve Account kept under section 13A of
the Principal Act shall be paid into the South-west Tablelands Water Supply
Renewal Reserve Account kept under section 13 of the South-west Tablelands Water
Supply Administration Act 1941.
7References in other
Acts
A reference, however expressed, in any other Act
or in any regulation, by-law or other statutory instrument or in any other
document, whether of the same or of a different kind, to:
(a)
the Administrator of the Junee Water
Supply—shall be construed as a reference to the Administrator of the
South-west Tablelands Water Supply,
(b)
the Junee Water Supply Working Account kept under
the Principal Act or the Bethungra Water Supply Account kept under that
Act—shall be construed as a reference to the South-west Tablelands Water
Supply Working Account kept under the South-west Tablelands Water Supply
Administration Act 1941, and
(c)
the Junee Water Supply Renewal Reserve Account
kept under the Principal Act—shall be construed as a reference to the
South-west Tablelands Water Supply Renewal Reserve Account kept under the
South-west Tablelands Water Supply Administration Act
1941.
8Validation
Any act, matter or thing done, or omitted to be
done, by the Administrator of the South-west Tablelands Water Supply or the
Northern Riverina County Council, being an act, matter or thing which:
(a)
was so done, or omitted to be done, on or after 1
January 1976, and
(b)
but for this section, could not lawfully have
been so done, or omitted to be done,
is validated to the extent that it could lawfully have
been so done, or omitted to be done, had this Act been in force when it was so
done, or omitted to be done.
Schedule 1Repeals
(Section 3)
Column
1
Column 2
Year and
number of Act
Short title
of Act
Extent of
repeal
1915 No
59
Junee Water Supply
Administration Act 1915
The whole
Act.
1927 No
37
Junee Water Supply
Administration (Amendment) Act 1927
The whole
Act.
1934 No
58
Country Towns
Water Supply, Sewerage and Drainage (Reduction of Debts) Act
1934
Sections 4
and 5.
1937 No
35
Statute Law
Revision Act 1937
So much of
the Second Schedule as relates to Act No 59, 1915 and Act No 37,
1927.
1941 No
35
Junee Water Supply
Administration (Amendment) Act 1941
The whole
Act.
1960 No
24
Country Water
Supplies Administration and State Brickworks (Amendment) Act
1960
Sections 1
(3) and 3.
Historical
notes
Table of amending
instruments
Junee Water
Supply Administration (Repeal) Act 1982 No 139. Assented
to 16.12.1982.