Water and Sewerage Industry (Consequential and Transitional) Act 2008 (Tas)

Water and Sewerage Industry (Consequential and Transitional) Act 2008

An Act to amend certain Acts consequential on the enactment of the Water and Sewerage Corporations Act 2008 and the Water and Sewerage Industry Act 2008 and to enact transitional provisions consequential on the enactment of the Water and Sewerage Industry Act 2008 [Royal Assent 4 December 2008]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Water and Sewerage Industry (Consequential and Transitional) Act 2008 .

2. Commencement (1) This section commences on the day on which the Water and Sewerage (Consequential and Transitional) Amendment Act 2009 commences. (2) Section 3 and Schedule 1 commence on a day to be proclaimed. (3) Section 4 and Schedule 2 commence on a day to be proclaimed. (4) Section 5 commences on a day to be proclaimed. (5) Section 6 commences on a day to be proclaimed.

3. Consequential amendments (1) Schedule 1 has effect. (2) Where a provision of Schedule 1 inserts, amends, repeals, or substitutes, a provision of an Act, that provision of that Act is inserted, amended, repealed, or substituted, as specified in the provision of Schedule 1 , on the day on which the provision of Schedule 1 is proclaimed to take effect. (3) A proclamation under subsection (2) may be combined with a proclamation under section 2(2) .

4. Legislation repealed The legislation specified in Schedule 2 is repealed.

5. Transitional provisions (1) Unless the contrary intention appears, an expression used in this section has the same meaning as it has in the Water and Sewerage Industry Act 2008 . (2) Where a licence under Part 6 of the Water Management Act 1999 is the subject of a transfer order published in the Gazette in accordance with section 41(1) of the Water and Sewerage Corporations Act 2008 , the licence is taken to – (a) be a licence granted under the Water Management Act 1999 to the transferee referred to in the transfer order; and (b) continue on the same terms and conditions as specified in the licence immediately before the day specified in the transfer order as the day on which the order takes effect, as if a reference in the licence to the transferor referred to in that order were a reference to the transferee referred to in that order. (3) Where an environment protection notice, within the meaning of the Environmental Management and Pollution Control Act 1994 , is the subject of a transfer order published in the Gazette in accordance with section 41(1) of the Water and Sewerage Corporations Act 2008 , the notice is taken to – (a) be an environment protection notice served under the Environmental Management and Pollution Control Act 1994 on the transferee referred to in the transfer order; and (b) continue on the same terms and conditions as specified in the notice immediately before the day specified in the transfer order as the day on which the order takes effect, as if a reference in the notice to the transferor referred to in that order were a reference to the transferee referred to in that order. (4) Where a permit is taken to have been granted under clause 3 of Schedule 6 to the Environmental Management and Pollution Control Act 1994 in respect of scheduled premises which – (a) are under the control of the transferor referred to in the transfer order published in the Gazette in accordance with section 41(1) of the Water and Sewerage Corporations Act 2008 ; and (b) are the subject of such an order – the permit is taken to – (c) be a permit granted under the Land Use Planning and Approvals Act 1993 in respect of scheduled premises which, by virtue of the transfer order, become under the control of the transferee; and (d) continue on the same terms and conditions as specified in the permit. (5) Where a right to take water for domestic purposes has been granted by an undertaker under the Irrigation Clauses Act 1973 and that right is the subject of a transfer order published in the Gazette in accordance with section 41(1) of the Water and Sewerage Corporations Act 2008 , that right is taken to – (a) be a right granted under the Irrigation Clauses Act 1973 to the transferee as specified in the transfer order; and (b) continue on the same terms and conditions as specified in the right immediately prior to the day specified in the transfer order as the day on which that order takes effect, as if a reference in the right to the transferor referred to in that order were a reference to the transferee referred to in that order. (6) . . . . . . . .