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.
1 Name of Act
This Act may be cited as the Junee Water Supply Administration (Repeal) Act 1982.
2 Principal Act
The Junee Water Supply Administration Act 1915 is referred to in this Act as the Principal Act.
3 Repeals
Each Act specified in Column 1 of Schedule 1 is, to the extent specified opposite that Act in Column 2 of Schedule 1, repealed.
4 Transfer 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.
5 Transfer 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.
6 Transfer 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.
7 References 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.
8 Validation
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, andis 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.(b) but for this section, could not lawfully have been so done, or omitted to be done,
Schedule 1 Repeals
(Section 3)
Column 1 | Column 2 | |
Year and number of Act | Short title of Act | Extent of repeal |
1915 No 59 | The whole Act. | |
1927 No 37 | The whole Act. | |
1934 No 58 | Sections 4 and 5. | |
1937 No 35 | So much of the Second Schedule as relates to Act No 59, 1915 and Act No 37, 1927. | |
1941 No 35 | The whole Act. | |
1960 No 24 | Sections 1 (3) and 3. | |