Sydney Water Catchment Management Amendment Act 2001 No 74

An Act to amend the Sydney Water Catchment Management Act 1998 with respect to the establishment of a Sydney Catchment Management Fund; and for other purposes.

1 Name of Act

This Act is the Sydney Water Catchment Management Amendment Act 2001.

2 Commencement

This Act is taken to have commenced on 8 January 1999, being the date on which the Sydney Catchment Authority was constituted under the Sydney Water Catchment Management Act 1998.

3 Amendment of Sydney Water Catchment Management Act 1998 No 171

The Sydney Water Catchment Management Act 1998 is amended as set out in Schedule 1.

Schedule 1 Amendments

(Section 3)

[1] Section 3 Definitions

Insert in alphabetical order:

  

Fund means the Sydney Catchment Management Fund referred to in section 24A.

[2] Part 3, Division 5

Insert after Division 4 of Part 3:

  

Division 5 Financial provisions

24A Sydney Catchment Management Fund

(1)  There is established a fund called the Sydney Catchment Management Fund (the Fund).

(2)  The Fund is to be maintained by the Authority.

24B Payments into Fund

The following amounts are to be paid into the Fund:

(a)  any money appropriated by Parliament for payment into the Fund,

(b)  any money received by the Authority from the supply of water,

(c)  any money received by the Authority in relation to any lease, licence, permit or easement granted by the Authority in respect of land under its ownership or control,

(d)  any money received by the Authority from the sale of its assets,

(e)  any fees received by the Authority for the services it supplies,

(f)  any penalty, fine or forfeiture recovered in proceedings for an offence against this or any other Act, or against the regulations under this or any other Act, being proceedings instituted by or under the direction of, or for on behalf of, the Authority,

(g)  any money given to the Authority for the express purpose of payment into the Fund,

(h)  the proceeds of the investment of money in the Fund,

(i)  any other money required to be paid into the Fund by or under this or any other Act or law.

24C Payments out of Fund

Money in the Fund may be applied for any or all of the following purposes:

(a)  capital and recurrent expenditure in relation to the Authority’s works,

(b)  carrying out and giving effect to plans of management in accordance with section 50,

(c)  acquiring land (including an interest in land) as referred to in section 60,

(d)  the provision of financial assistance for the purpose of funding catchment management activities carried out by other persons and bodies, including local councils, but only if those activities are consistent with the Authority’s objectives,

(e)  payment of any dividends, tax-equivalents or guarantee fees referred to in section 34 (2) (b), and any dividends of the kind referred to in section 59B of the Public Finance and Audit Act 1983,

(f)  the costs incurred by the Authority in maintaining the Fund,

(g)  any other costs and expenses incurred by the Authority in connection with the exercise of its functions.

24D Investment of Fund

The Authority may invest money in the Fund in any manner authorised by the Public Authorities (Financial Arrangements) Act 1987.

24E Fees for services supplied by Authority

(1)  The Authority may charge, for the supply of any services under this Act or the regulations, such fee as may be prescribed by the regulations for the supply of the service.

(2)  This section does not apply to the supply of water to the Sydney Water Corporation, or to the supply of any other service whose cost is determined or regulated under any arrangement, operating licence, memorandum of understanding or other instrument under this Act.