Document ID: chunk:federal_register_of_legislation:C2024C00557:clause:10_250d
Version: federal_register_of_legislation:C2024C00557
Segment Type: clause
Provision Reference: sch 10 cl 250D
Character Range: 622836–625159

250D  Avoiding direct inconsistency arising between the Commonwealth water legislation and laws of referring States

Section overrides other provisions of the Commonwealth water legislation
 (1) This section has effect despite anything else in the Commonwealth water legislation.

Section does not deal with provisions capable of concurrent operation
 (2) This section does not apply to a provision of a law of a referring State that is capable of concurrent operation with the Commonwealth water legislation.
Note: This kind of provision is dealt with by section 250B.

When this section applies to a provision of a State law
 (3) This section applies to the interaction between a provision (the State provision) of a law of a referring State and a provision (the Commonwealth provision) of the Commonwealth water legislation only if the State provision is declared by a law of the State to be a Commonwealth water legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).

State provision specifically permitting, authorising or requiring act or thing to be done
 (4) The Commonwealth provision does not:
 (a) prohibit the doing of an act; or
 (b) impose a liability (whether civil or criminal) for doing an act;
if the State provision specifically permits, authorises or requires the doing of that act.

Other cases
 (5) The Commonwealth provision does not operate in or in relation to the State to the extent necessary to ensure that no inconsistency arises between:
 (a) the Commonwealth provision; and
 (b) the State provision to the extent to which the State provision would, but for this subsection, be inconsistent with the Commonwealth provision.
Note 1: The State provision is not covered by this subsection if subsection (4) applies to the State provision: if that subsection applies there would be no potential inconsistency to be dealt with by this subsection.
Note 2: The operation of the State provision will be supported by section 250B to the extent to which it can operate concurrently with the Commonwealth provision.
 (6) Subsections (4) and (5) do not apply in relation to the State provision to the extent to which the regulations provide that those subsections do not apply in relation to the State provision.