Document ID: chunk:federal_register_of_legislation:C2008A00139:clause:1_250e
Version: federal_register_of_legislation:C2008A00139
Segment Type: clause
Provision Reference: sch 1 cl 250E
Character Range: 80061–82262

250E  Regulations may modify operation of the Commonwealth water legislation to deal with interaction between that legislation and laws of referring States

 (1) The regulations may modify the operation of the Commonwealth water legislation so that:
 (a) provisions of the Commonwealth water legislation do not apply to a matter that is dealt with by a law of a referring State specified in the regulations; or
 (b) no inconsistency arises between the operation of a provision of the Commonwealth water legislation and the operation of a provision of a law of a referring State specified in the regulations.

 (2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that a provision of the Commonwealth water legislation:
 (a) does not apply to:
 (i) a person specified in the regulations; or
 (ii) a body specified in the regulations; or
 (iii) circumstances specified in the regulations; or
 (iv) a person or body specified in the regulations in the circumstances specified in the regulations; or
 (b) does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with a law of a referring State; or
 (c) does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with a law of a referring State; or
 (d) does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with a law of a referring State; or
 (e) does not impose an obligation on a person to the extent to which complying with that obligation would require the person not to comply with an obligation imposed on the person under a law of a referring State; or
 (f) authorises a person to do something for the purposes of the Commonwealth water legislation that the person:
 (i) is authorised to do under a law of a referring State; and
 (ii) would not otherwise be authorised to do under the Commonwealth water legislation; or
 (g) will be taken to be satisfied if a law of a referring State is satisfied.

 (3) In this section:

matter includes act, omission, body, person or thing.