Commonwealth Consolidated Acts

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WATER ACT 2007 - SECT 60

Constitutional operation of section 59 (general)

  (1)   Section   59 imposes an obligation to the extent to which imposing the obligation gives effect to a relevant international agreement.

  (2)   Section   59 imposes an obligation to the extent to which the obligation is imposed:

  (a)   on a constitutional corporation; or

  (b)   in relation to conduct that affects the activities of a constitutional corporation.

  (3)   Section   59 imposes an obligation to the extent to which the obligation is imposed in relation to conduct that takes place in the course of trade or commerce:

  (a)   with other countries; or

  (b)   among the States; or

  (c)   between a State and a Territory.

Note:   This subsection is of particular relevance to the provisions of the water resource plan that deal with the trading or transfer of tradeable water rights.

  (4)   Section   59 imposes an obligation to the extent to which the obligation is imposed in relation to conduct that takes place in a Territory.

  (6)   Subsections   (1), (2), (3) and (4):

  (a)   have effect independently of each other; and

  (b)   do not limit section   61; and

  (c)   do not limit the operation (if any) that section   59 validly has apart from this section.

  (7)   In this section:

"conduct" includes an act or omission.



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