27th Nov 2008, 12:24 PM – Senate Water Amendment Bill 2008 - In Committee - When licences shouldn't be granted

The majority voted against an amendment 5678 introduced by Senator Bob Brown, which means it failed. This amendment would have changed section 255A (see below) so that "Where a substantial risk is identified licences must not be granted".

This is an environmental protection measure.

Amendment text

Senator Brown’s amendment on sheet 5678 to opposition amendment (2) on sheet 5677

(1) At the end of the amendment, add ‘, substitute:

(2) Where a substantial risk is identified licences must not be granted.”

Opposition amendment (2) on sheet 5677

(2) Schedule 2, item 161A, omit subsection 255A(2).

255A Application of water charge rules in Basin States that are not referring States

(1) If a Basin State is not a referring State, water charge rules apply in the State to a regulated water charge if one or more of the paragraphs in subsection (2) are satisfied.

(2) This subsection applies if:

(a) the person imposing the charge, or making the demand, is a constitutional corporation; or

(b) the person on whom the charge is imposed, or from whom the charge is demanded, is a constitutional corporation; or

(c) the charge is imposed, or payment of the charge is demanded, in the course of trade and commerce between the States or between a State and a Territory; or

(d) the person who imposes, or demands payment of, the charge does so in a Territory; or

(e) the charge relates to:

(i) a water resource in a Territory; or

(ii) water service infrastructure in a Territory; or

(iii) tradeable water rights in relation to a water resource in a Territory; or

(f) the charge is imposed, or payment of the charge is demanded, using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

(3) Subsection (2), and the paragraphs of that subsection, do not limit the operation (if any) that the water charge rules validly have apart from this section.