11 Water Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the water legislation review timetable. AIS CMD DH DIER DIPE DLGP DNRM&E DPIWE DSE DUS EH EPA H HEC LA OWP PAWA Department of Administrative and Information Services (Office for Government Enterprises) (South Australia) Chief Minister’s Department (Australian Capital Territory) Department of Health (Western Australia) Department of Infrastructure Energy and Resources (Tasmania) Department of Infrastructure, Planning and Environment (Northern Territory) Department of Local Government and Planning (Queensland) Department of Natural Resources, Mines and Energy (Queensland) Department of Primary Industries, Water and Environment (Tasmania) Department of Sustainability and Environment (Victoria) Department of Urban Services (Australian Capital Territory) Department of Environment and Heritage (South Australia) Environmental Protection Agency (Queensland) Queensland Health Hydro-Electric Corporation (Hydro Tasmania) Department of Land Administration (Western Australia) Office of Water Policy (Western Australia) Power and Water Authority (Northern Territory) Page 11.1 Legislation Review Compendium T&F WR WRC Department of Treasury and Finance (South Australia) Water Resources (South Australia) Water and Rivers Commission (Western Australia) Page 11.2 11 Water Legislation review: Water Updated to February 2004 New South Wales Name of legislation Balranald Irrigation Act 1902 Crown Lands Amendment Act 1932 Drainage Act 1939 Fish River Water Supply Administration Act 1945 Glennies Creek Dam Act 1979 Hunter Valley Flood Mitigation Act 1956 Irrigation Act 1912 (and as amended) Irrigation and Water (Amendment) Act 1943 Agency Major restrictions Review activity Reform activity Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Page 11.3 Legislation Review Compendium Name of legislation Irrigation Corporations Act 1944 Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act 1955 Miscellaneous Acts (Water Administration) Amendment Act 1986 Private Irrigation Districts Act 1973 Rivers and Foreshores Improvement Act 1948 Agency Major restrictions Review activity Reform activity Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Act partially repealed by the Water Management Act 2000. The Government expects to repeal the remaining elements in 2004. Act repealed by the Water Management Act 2000. Act partially repealed by the Water Management Act 2000. The Government expects to repeal the remaining elements in 2004. Act repealed by the Water Management Act 2000. Act repealed by the Water Management Act 2000. Water (Soil Conservation) Amendment Act 1986 Water Act 1912 (and as amended) Water Administration (Transfer of Functions) Act 1986 Water Administration Act 1986 Water Management Act 2000 Review completed. Act passed in December 2000, and replaces various pieces of water legislation. Act repealed by the Water Management Act 2000. Water Supply Authorities Act 1987 Page 11.4 11 Water Victoria Name of legislation Catchment and Land Protection Act 1994 Agency DSE Major restrictions Review activity Act removed from legislation review program (LRP). Act does not restrict competition. Its objective is to ensure competition in relevant markets is sustainable in the long term. Review completed. Review found there were no restrictions on competition. Reform activity The provisions of part 7 of the Act, which relate to extraction of material have been superseded by the Extractive Industries Development Act 1995 and will be repealed when the Act is next amended. Murray Darling Basin Act 1993 and other legislation relating to interstate sharing and management of resources Pollution of Waters by Oil and Noxious Substances Act 1986 DSE DSE Act assessed as not restricting competition. Review not required. Page 11.5 Legislation Review Compendium Name of legislation Water Act 1989 Water Industry Act 1994 Melbourne and Metropolitan Board of Works Act 1958 Melbourne Water Corporation Act 1992 Agency DSE Major restrictions Various regulatory controls and market restrictions. Review activity Major public review by Marsden Jacob consultants completed in June 2001. Reform activity The Victorian Government accepted most of the review recommendations. Legislative proposals have been developed to: • separate the powers to require connection from service delivery and infrastructure provision; and introduce public scrutiny to the By-law making process. • The approach to implementing several of the key recommendations is being considered as part of the Government’s major review of all areas of the water industry. These include: • • arrangements for vetted competition; removing the links between the ownership of land and the ownership of water; managing structural change in relation to the 2 per cent cap on water trades; and identifying opportunities to improve the current legislation governing Victoria’s water industry. • • Water Industry Act 1994 (Part 4) DSE Act imposes licensing arrangements for use of jetties (s. 135A) and powers to levy rates on households in the metropolis. Review under way. Issues paper publicly released, with a call for submissions. Targeted consultation with key stakeholders. Page 11.6 11 Water Queensland Name of legislation Canals Act 1958 and Regulation 1992 Agency EPA Major restrictions Regulates construction, maintenance and use of canals, including a requirement for approval to be granted before construction can begin. Regulations relate to quantitative elements, quality/technical standards and natural resource permits/licences. Prescribes a particular brand of testing equipment. Imposes a statutory monopoly. Review activity Review completed and published in November 1998. Review concluded that retaining restrictions was justified as being in the public benefit. Reform activity Legislation repealed in late 2003. Fluoridation of Public Water Supplies Act 1963 and Regulation 1964 Gladstone Water Board Act 1984 H Review not required. The Department repealed the restrictive provisions without formal review. Departmental review completed in February 2000. Anticompetitive provisions repealed in late 1997. Act repealed by the Water Act 2000. DNRM &E Page 11.7 Legislation Review Compendium Name of legislation Metropolitan Water Supply and Sewerage Act 1909 Sewerage and Water Supply Act 1949 and Regulation 1987 Standard Water and Sewerage Laws Agency DNRM &E DLGPS &R Major restrictions The Acts impose restrictions including a statutory monopoly, licensing/registration requirements and constraints on business. The Acts prescribe requirements on water supply and sanitary plumbing, sanitary drainage, sewer installation, the management of water supply, sewerage and drainage utilities and licensing requirements for plumbing and drainage work. Standard sewerage and water supply laws are administered by local governments and prescribe the purposes and uses of domestic water. The laws provide for the control/supply of water to the Brisbane metropolitan area to be the sole responsibility of the Brisbane City Council. Provisions now largely set by City of Brisbane Act ordinances. Review activity The Department of Natural Resources and Mines and the Department of Local Government and Planning jointly administer the Acts. Restrictions in provisions of the Metropolitan Water Supply and Sewerage Act (MWSSA) and Sewerage and Water Supply Act (SWSA) administered by the Department of Natural Resources and Mines were substantively dealt with by the Water Act 2000. All other restrictions were considered in the NCP review of the SWSA requirements to use only approved plumbing products, local government approvals of plumbing and drainage work, and occupational licensing of plumbers and drainers. Reform activity The restrictive elements of the MWSSA and SWSA dealing with water supply and sewerage requiring amendment were incorporated into the Water Act 2000 administered by DNRM&E, part of which commenced on 13 September 2000, with the remaining provisions commencing on 19 April 2002. The remainder of the SWSA and the Standard Laws dealing with plumbing and drainage matters were repealed and replaced by the Plumbing and Drainage Act 2002 (PDA) and regulations which came into force on 1 July 2003. The DLGPS&R is responsible for administering the PDA. Non-legislative recommendations for training and information programs for local governments and industry are being delivered within available resources. The information program for industry on approved plumbing products will be delivered following the 2004 introduction of the new Plumbing Code of Australia which will implement competition-driven improvements to product approvals, and lessen the need for approval of some products. Both Acts repealed. A commercialised Townsville/Thuringowa Water Supply Board was created by amendment of the Local Government Act 1993. South East Queensland Water Board Act 1979 and Townsville/Thuringowa Water Supply Board Act 1987 DNRM &E Both Acts impose a statutory monopoly. Review completed. Page 11.8 11 Water Name of legislation Water Resources Act 1989 Water Resources (Watercourse Protect) Regulations 1993 Water Resources (Rates and Charges) Regulations 1992 Natural Resources Amendment Act 1996 Agency DNRM &E Major restrictions Licensing or registration, pricing restrictions and business conduct. Review activity Review completed in February 2000. Review completed as part of broader Council of Australian Governments (CoAG) water reform agenda. Discussion papers on modules for new legislation were progressively released for discussion during 1999. A draft of the revised legislation was released for consultation early in 2000. Reform activity The restrictive elements that required amendment were incorporated into the Water Act which commenced in part on 13 September 2000, with the remaining provisions coming into force on 19 April 2002. The Water Regulation 2002 commenced in part on 19 April 2002 with remaining provisions commencing on 30 June 2002. Western Australia Name of legislation Carnarvon Irrigation District By-laws Agency WRC Major restrictions Differential treatment. Review activity Review by the Water and Rivers Commission (WRC) completed in January 2000. Review found minor restrictions to be justified on public welfare grounds to maintain security of supply and safeguard infrastructure. Review by the Office of Water Regulation (now OWP) completed in August 2000. Review recommended no change. Controls were justified on wider ecological and public interest grounds. Reform activity Cabinet approved the transfer of the irrigation assets and management to local control. The transfer of the management of the business has been undertaken while the asset transfer has been deferred due to a number of native title issues. The Government endorsed the review recommendations on 18 December 2000. Act retained without reform. Country Areas Water Supply (Clearing Licence) Regulations 1981 OWP Controls over land clearing. Page 11.9 Legislation Review Compendium Name of legislation Country Areas Water Supply Act 1947 Agency OWP Major restrictions Licensing, and market power by Water Corporation. Review activity Review by the OWP completed in September 1999. Reform activity Amendments to the Act will be progressed in a water industry legislation amendment Bill. Cabinet approved the re-drafting of the amendments on 9 February 2004. The Government endorsed the findings of the review in December 1999. The OWP is progressing the amendments to the regulations/bylaws. Amendments to the Act will be progressed in a water industry legislation amendment Bill. Cabinet approved the re-drafting of the amendments on 9 February 2004. Plumbers’ licensing provisions were transferred to the Water Services Coordination (Plumbers Licensing) Regulations in 2000. The transfer also shifted responsibility for plumbers’ licensing from Water Corporation to new Plumbers Licensing Board. Bylaws are to be amended. The Government endorsed the review recommendations on 14 August 2000. Country Areas Water Supply By-laws 1957 OWP Market power. Review completed. Country Towns Sewerage Act 1948 and By-laws OWP Licensing, registration, entry requirements (competency or six years experience and qualification, fit and proper), the reservation of practice (either licensed or under licensed supervision), and disciplinary processes. Review of Water Services Coordination Amendment Act 1999 recommended retaining restrictions to prevent unlicensed persons from performing plumbing work, and maintaining the board's power to set licence conditions. Harvey, Waroona Collie River Irrigation Districts By-laws 1975 WRC Monopoly powers to Water Corporation. Differential rights to irrigators. Review by WRC completed in January 2000. No action proposed — minor restrictions justified on public welfare grounds to maintain security of supply and safeguard laws proposed to reflect current management practices. Review to be undertaken as part of the review of the Health Act 1997. Health (Treatment of Sewerage and Disposal of Effluent and Liquid Waste) Regulations 1993 DH Licensing. To be determined. Page 11.10 11 Water Name of legislation Irrigation (Dunham River) Agreement Act 1968 Agency LA Major restrictions Differential rights. Review activity Reform activity Legislation repealed in the Statutes (Repeals and Minor Amendments) Bill 2001, which was assented on 15 December 2003. Land Drainage (Rating Grades) Regulations 1986 Water Agencies (Entry Warrant) Regulations OWP Provides an exemption from paying rates for certain activities, subject to those exemptions on specific land uses that are imposed for social reasons, continuing to be subject to the formal and transparent community service obligation payment. Provides for land to be subject to water supply, sewerage, drainage and irrigation charges even if it is not actually connected to the system and where owners or occupiers do not actually use the system. Provides exemption from charges for pensioners. Review recommended retaining legislative restrictions finding them to be in the public interest for reasons of social equity and good infrastructure planning. Some 'housekeeping' recommendations include amending the: • grading system in the Land Drainage (Rating Grades) Regulations so that all charges are dealt with through the Water Agencies (Powers) Act 1984; and Water Agencies (Infringements) Regulations 1994 to ensure they are consistent with the Water Agencies (Powers) Act, which enables the WRC to delegate authority for issuing infringements. The Government endorsed the review recommendations. The OWP is currently progressing the amendments to the regulations/bylaws. • Land Drainage Act 1925 OWP Market power. Review by the OWP completed in 1999. Minor amendments to Act are proposed to ensure consistency with the competitive licensing regime and other related Acts. The Government endorsed the review recommendations on 20 December 1999. The amendments to the Act will be progressed in a water industry legislation amendment Bill. Cabinet approved the re-drafting of the amendments on 9 February 2004. The Government endorsed the review recommendations on 20 December 1999. The OWP, is currently progressing the amendments to the regulations/by-laws. Land Drainage Bylaws 1986 OWP Market power. Review by the OWP completed in December 1999. Page 11.11 Legislation Review Compendium Name of legislation Land Drainage Regulations 1978 Agency OWP Major restrictions Market power. Review activity Review by the OWP completed in 1999. Review recommended that all charges be dealt with through the Water Agencies (Powers) Act 1984. Review by the WRC completed. Review identified no competition restrictions. Review by the WRC completed. Review identified no competition restrictions. Review by the OWP completed in September 1999. Reform activity The OWP is currently progressing the amendments to the regulations/bylaws. The Government endorsed the review recommendations. Act retained without reform. The Government endorsed the review recommendations on 14 August 2000. Act retained without reform. The Government endorsed the review recommendations on 20 December 1999. The amendments to the Act will be progressed in a water industry legislation amendment Bill. Cabinet approved the re-drafting of the amendments on 9 February 2004. Plumbers’ licensing provisions transferred to the Water Services Coordination (Plumbers Licensing) Regulations in 2000. Transfer also shifted responsibility for plumbers’ licensing from Water Corporation to new Plumbers Licensing Board. Further amendments expected. The Government endorsed the review recommendations on 14 August 2000. Amendments to By-laws proposed to reflect devolved ownership and control of the scheme. Metropolitan Water Authority (Miscellaneous) By-laws 1982 Metropolitan Water Authority Act 1982 Metropolitan Water Supply, Sewerage and Drainage Act 1909 WRC Differential treatment. WRC Provides market power to the Water Corporation. Market power, and differential treatment for licensing. OWP Metropolitan Water Supply, Sewerage and Drainage Bylaws 1981 WRC Licensing - as for the Country Towns Sewerage Act 1948. Review by the OWP completed. Ord Irrigation District By-laws WRC Provides market power to Water Corporation. Differential rights to irrigators within the area. Review by the WRC completed in January 2000. Review recommended no change as the restrictions are minor and justified on public welfare grounds to maintain security of supply and safeguard infrastructure. Page 11.12 11 Water Name of legislation Preston Valley Irrigation District By-laws Agency WRC Major restrictions Differential treatment. Review activity Review by the WRC completed in January 2000. Review recommended retaining the restrictions on competition in the public interest. Amendment to the By-laws to reflect the current management practices and responsibilities of the Water Corporation and grower cooperatives following the devolution of irrigation management. Review by the WRC completed in January 2000. Reform activity The Government endorsed the review recommendations on 14 August 2000. The OWP is currently progressing the amendments to the regulations/bylaws. Rights in Water and Irrigation (Construction and Alteration of Wells) Regulations 1963 WRC Licensing restrictions. The Waters and Rivers Commission is given sole rights to fit, repair and test water meters. The Government endorsed the review recommendations on 14 August 2000. An amendment to the regulations to remove the WRC's exclusive right to the fitting, repair and testing of water meters is being progressed. The Government endorsed the review recommendation on 20 December 1999. The amendments to the Act will be progressed in a water industry legislation amendment Bill. Cabinet approved the re-drafting of the amendments on 9 February 2004. The Government endorsed the review recommendations. The Government endorsed the review recommendations. Retained without reform. The Government endorsed the review recommendations. Retained without reform. Rights in Water and Irrigation Act 1914 and Regulations WRC Licensing of rights to take water. Provides monopoly powers to the Water Corporation. Review by the WRC completed. Water (Dixvale Area and Yanmah Area) Licensing Regulations 1974 Water Agencies (Charges) Bylaws 1987 Water Agencies (Entry Warrants) Regulations 1985 WRC Differential treatment of a small group of irrigators. Differential treatment of Crown lands. Review by the WRC completed in 2000. Review recommended repealing the regulations. Review by the OWP completed in 1999. OWP OWP Review by the OWP completed in 1999. Page 11.13 Legislation Review Compendium Name of legislation Water Agencies (Infringements) Regulations 1994 Agency OWP Major restrictions Market power to Water Corporation. Review activity Review by the OWP completed in 1999. Review recommended minor amendments to ensure consistency of the approach with competitive licensing regime, and related Acts. Reform activity The Government endorsed the review recommendation to modify regulation 5 (officers issuing infringements to make it consistent with recommendations from the review of the Water Agencies (Powers) Act 1984). The OWP is progressing the amendments to the regulations/bylaws. The Government endorsed the review recommendations. The amendments to the Act will be progressed in a water industry legislation amendment Bill. Cabinet approved the re-drafting of the amendments on 9 February 2004. Act retained without reform. Water Agencies (Powers) Act 1984 OWP Market power to Water Corporation. Review by the OWP completed in 1999. Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 Water and Rivers Commission Act 1995 Water Boards Act 1904 and By-laws OWP Review by the OWP completed in 2000. No restrictions on competition were identified. The Act provides powers for natural resource management. Licensing. Restricts powers to supply of water within defined areas. Review by the WRC completed in 2000. No changes recommended. Review by the OWP completed in 1999. WRC OWP The Government endorsed the review recommendations in 2000. Amendment to Act allows agencies to provide a full suite of water services and freedom to compete for licences on equal terms with the Water Corporation. The revised By-laws were considered under gatekeeper requirements. A separate process is being undertaken by the OWP to amend the legislation. Water Corporation Act 1995 OWP Review by the OWP completed in 1999. Act retained without reform. Page 11.14 11 Water Name of legislation Water Services Coordination Act 1995 – Part 1 of 2 Agency OWP Major restrictions Complex licensing regime inhibits competitive outcomes. Review activity Review by the OWP completed in 1999. Review recommendations include the adoption of a simpler, pro-competitive licensing regime and provide for competitive neutrality in relevant Acts. Five year review under s62 completed in 2003. Reform activity Recommendations were to be implemented via the Acts Amendment and Repeal (Competition Policy) Bill 2002. Due to difficulties in preparing the drafting instructions, these reforms will now be included in a second competition policy omnibus bill. Some recommendations are being implemented through the Economic Regulation Authority Bill 2002, which was passed by the Legislative Council on 11 November 2003. These are the inclusion of public interest considerations as part of the licensing regime, and the ability to transfer a licence. The Bill also provides for regulations prescribing public consultation processes as part of the decision to grant, amend or transfer a licence. Water Supply, Sewerage and Drainage Act 1912 Waterways Conservation Act 1976 and Regulations OWP WRC Restrictions relate to asset ownership. Licensing system for disposal of waste in waterways. Review by the OWP completed in 1998. Review by the WRC completed in 2000. Review recommended no changes. A major review was proposed to achieve rationalisation of functions and operation between this Act and the Environmental Protection Authority Act. Act retained without reform. The Government endorsed the review recommendations in 1999 and the Act was retained without change. Page 11.15 Legislation Review Compendium South Australia Name of legislation Catchment Water Management Act 1995 Groundwater (Border Agreement) Act 1985 Irrigation (Land Tenure) Act 1930 Agency EH WR EH Major restrictions Restricts market conduct. Restricts market conduct. Restricts market conduct. Review activity Review completed. Review completed in 2000. No reform recommended. Review completed in 1999. Review did not identify any major issues. Review recommended that legislation be updated and consolidated. Review completed in 2000. Minor legislative changes recommended. Review identified a need for a further comprehensive review of the legislation and its objectives. Review not required. Act to be repealed. Reform activity Act repealed by the Water Resources Act 1997. Act retained without reform. The Government approved repeal of the Act on 20 January 2003. Repeal is not yet completed. Act retained without reform. Irrigation Act 1994 WR Restricts market conduct. Loans for Fencing and Water Piping Act 1938 Murray Darling Basin Act 1993 T&F Restricts market conduct. The Government approved repeal in August 2002. The repeal Bill was passed in May 2003. Review noted by Murray-Darling Basin Commission and presented to the Minister. Act retained without reform. WR The agreement in place is aimed at providing equitable sharing of the resource. Restricts market conduct. Review completed in 1999. Review recommended no change to the Act. Review completed in 2000. Minor legislative change recommended removing obsolete and inconsistent sections. Review completed in 1998. Review recommended the Act be repealed. Renmark Irrigation Trust Act 1936 WR River Murray Waters Agreement Supplemental Agreement Act 1963 WR Restricts market conduct. Act replaced by the Murray-Darling Basin Act 1993. Page 11.16 11 Water Name of legislation Sewerage Act 1929 Agency AIS Major restrictions Barriers to market entry and restrictions on market conduct; and product or service standards. Review activity Review, in conjunction with the Waterworks Act 1932 and the South Australian Water Corporation Act 1994, completed in 2001. Review found that: • the primary restrictions appear to arise from the inherent monopoly of the infrastructure; and the majority of the identified restrictions on competition are appropriate in the context of the Acts' objectives. Reform activity Although the report identified a number of trivial and intermediate restrictions in the Acts and consequently recommended some minor amendments, the South Australian Government considers the existing arrangements and administrative responses adequately address the issues raised in the review, and accordingly no legislative changes are proposed. The Government is considering the other non-legislative review recommendations. Act retained without reform. Act retained without reform. • South Australian Water Corporation Act 1994 South Eastern Water Conservation and Drainage Act 1992 Water Conservation Act 1936 AIS WR Barriers to market entry, and restricts market conduct. Restricts market conduct. See the Sewerage Act 1929. Review completed in 1999. Review did not recommend any change. Review completed in 2000. Review found no competition issues. Review completed. See the Sewerage Act 1929. WR Barriers to market entry, and restricts market conduct and products/service standards. Restricts market conduct. Barriers to market entry, and restricts market conduct, product/service standards. Act retained without reform. Water Resources Act 1990 Waterworks Act 1932 WR AIS Act repealed by the Water Resources Act 1997. The Government is considering the review recommendations. Page 11.17 Legislation Review Compendium Tasmania Name of legislation Australian Titan Products Act 1945 Clyde Water Act 1898 Agency DIER Major restrictions Provides certain water rights to a company and prohibits it from generating electricity. Vests trustees with the power to repair and alter works, construct works to convey water from Lake Sorell to the River Clyde and any waterworks necessary to provide the towns of Bothwell and Hamilton with water. Requires certain irrigation waters to be made available to certain water users, providing them with a commercial benefit that is not available to others. Authorises the granting of exclusive timber, water and transport rights to one company. Prohibits the construction or enlarging of a well, or the drawing of water, in a proclaimed region without a permit. Provides the Director of Mines with the power to shut, limit, repair or modify any Tasmanian well. Review completed. Review activity Reform activity Act repealed by the Legislation Repeal Act 1998. Act repealed by the Water Management Act 1999. DPIWE Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 Florentine Valley Paper Industry Act 1935 DIER Act amended by the Water Management Act 1999. FT Review completed. Review recommended that the power to license water rights be attached to the Water Management Act. Licensing of water rights transferred to the Water Management Act 1999. Groundwater Act 1985 DIER Act repealed by the Water Management Act 1999. Page 11.18 11 Water Name of legislation Hobart Regional Water Act 1984 Agency DPIWE Major restrictions Gives the Hobart Regional Water Board exclusive rights to take water from the Derwent River, Mount Wellington and other streams, construct bulk supply works and enter into agreements with municipalities to provide water. Provides the company with free unlimited water rights, restricts the water rights of the Huon Council (and its residents), and establishes rights over Crown land. Sets company conduct in relation to river bank degradation and water quality. Market entry. Provides for the construction of waterworks by persons authorised by another Act to do so. Provides for the right to a supply of water for irrigation. Establishes irrigation rights within irrigation districts. Provides irrigation rights to persons in the Parish of Lawrency. Review activity Reform activity Act repealed by the Hobart Regional Water (Arrangements) Act 1996, which was assessed under the LRP gatekeeper requirements. Huon Valley Pulp and Paper Industry Act 1959 FT Act repealed by the Legislation Repeal Act 1996. Irrigation Clauses Act 1973 DPIWE Review completed. Restrictions were found to be in the public interest. Act amended by the Water Management Act. Restricts the holding of irrigation rights in a district to an owner or occupier of land in the district. Loan (Hydro-Electric Commission) Act 1957 HEC Act repealed on 6 November 1996. Repealing Acts were the Electricity Supply Industry Act 1995 and the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995. Act repealed by the Legislation Repeal Act 1998. Mount Cameron Water Race Act 1926 DIER Legislated restriction on competition as part of a legislative scheme governing water rights to the Rushy Lagoon property. Page 11.19 Legislation Review Compendium Name of legislation North Esk Regional Water Act 1960 Agency DPIWE Major restrictions Provides the Rivers and Water Supply Commission with the exclusive right to supply certain 'water districts' from waterworks vested in the Commission. Provides that the North West Regional Water Authority may take water from specified places. Provides that the Authority shall supply municipalities in the Water District with water and that municipalities will not obtain water in bulk from elsewhere. Provides that the Fingal Council may use its power to supply water to the Aberfoyle Tin mine free of charge, effectively providing the company with a competitive advantage. Specifies material and work standards for the construction and maintenance of sewerage works. Requires certain Council officers to hold certificates of qualification. Provides a company with the right to take as much water as required at no cost and prohibits it from using that water to generate electricity. Review activity Reform activity Act repealed by the Northern Regional Water (Arrangements) Act 1997. North-West Regional Water Act 1987 DPIWE Act repealed by the North West Regional Water (Arrangements) Act 1997, which commenced in 1999. Rossarden Water Act 1954 DPIWE Act repealed by the Water Management Act 1999. Sewers and Drains Act 1954 DPIWE Restrictive provisions in the Act removed. Thomas Owen and Co. (Australia) Limited Act 1948 DPIWE Act repealed by the Water Management Act 1999. Page 11.20 11 Water Name of legislation Water Act 1957 Agency DPIWE Major restrictions Gives the Rivers and Water Supply Commission the power to allow or prevent persons from taking water from rivers and lakes. Prohibits the taking of water for irrigation without the authority of the Commission. Specifies water quality standards. Establishes a system of transferable water rights. Gives power to persons, authorised by special Acts to construct waterworks, to acquire land and to undertake various activities associated with the construction of such waterworks. Ratifies a financial agreement providing a particular company with a competitive advantage, potentially acting to restrict competition. Review activity Review completed in 1999. Reform activity Act repealed and replaced by the Water Management Act 1999. Water Management Act 1999 DPIWE New legislation assessed under gatekeeper requirements. Restrictions were found to be in the public interest. Review completed. Restrictions were found to be in the public interest. Act amended by the Water Management Act 1999. Waterworks Clauses Act 1952 DPIWE Wesley Vale Pulp and Paper Industry Act 1961 FT Review completed. Act amended by the Water Management Act 1999. Page 11.21 Legislation Review Compendium Australian Capital Territory Name of legislation Cotter River Act 1914 Energy and Water Act 1988 Lakes Act 1976 Agency DUS DUS DUS The only significant restriction is the limitation on commercial activity in a lake area. Major restrictions Review activity Intradepartmental review completed in 1999. Review not required. Review completed in 2000. The low cost of the restriction was considered justified by the protection afforded to lakes areas, and by the way it ensures that commercial operators in lakes areas gain no competitive advantage over those operating in normal commercial areas. Review not required. Reform activity Act repealed on 23 March 2000. Act repealed as part of the Utilities Act 2000. Act retained without reform. Sewerage Rates Act 1968 Water Pollution Act 1984 Water Rates Act 1959 CMD DUS CMD Act repealed and relevant parts included in the Utilities Act 2000. Act repealed by the Environment Protection Act 1997. Intradepartmental review completed. Act repealed and relevant parts included in the Utilities Act 2000. Page 11.22 11 Water Northern Territory Name of legislation Water Act and Regulations Agency DIPE Major restrictions Provides for the investigation, use, control, protection, management and administration of water resources. Single provider status provided to Power and Water Authority. Lacks separation of service delivery from regulatory roles. Review activity Review completed in July 2000. Review recommended no change. Reform activity Water Supply and Sewerage Act PAWA Independent review completed in March 2000. Act repealed and replaced by the Water Supply and Sewerage Services Act 2001. Single service provider status retained due to economies of scale. The Utilities Commission is now responsible for licensing for water and sewerage supply in the Northern Territory. In February 2002, the Utilities Commission issued an urban water supply licence to the Power and Water Authority. Regulatory roles separated from service delivery. Act repealed and replaced by the Water Supply and Sewerage Services Act 2000. Single service provider status was retained due to economies of scale. The Utilities Commission is now responsible for licensing for water and sewerage supply in the Northern Territory. In February 2002, the Utilities Commission issued an urban water supply licence to the Power and Water Corporation. Water Supply and Sewerage Services Act PAWA Single provider status provided to the (former) Power and Water Authority. Lacks separation of service delivery from regulatory roles. Independent review completed in March 2000. Page 11.23