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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Constitution Amendment (Sydney Water and
Hunter Water) Bill 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Constitution Act 1902 No 32 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2023
New South Wales
Constitution Amendment (Sydney Water and
Hunter Water) Bill 2023
Act No , 2023
An Act to amend the Constitution Act 1902 to ensure the continued public ownership of the
Sydney Water Corporation and the Hunter Water Corporation and their main undertakings.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Constitution Amendment (Sydney Water and Hunter Water) Bill 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Constitution Amendment (Sydney Water and Hunter Water) Act 2023.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Constitution Amendment (Sydney Water and Hunter Water) Bill 2023 [NSW]
Schedule 1 Amendment of Constitution Act 1902 No 32
Schedule 1 Amendment of Constitution Act 1902 No 32
Part 10
Insert after Part 9--
Part 10 Public ownership of Sydney Water Corporation and
Hunter Water Corporation
57 Sydney Water Corporation and Hunter Water Corporation to remain in public
ownership
(1) The following must not be sold or otherwise disposed of unless authorised by
an Act of Parliament--
(a) a water corporation,
(b) a main undertaking of a water corporation.
(2) Nothing in this section prevents a sale or disposal that--
(a) is in the ordinary course of the business of a water corporation, and
(b) results in the main undertakings of the water corporation remaining in
public ownership.
(3) To avoid doubt, the sale or disposal of an asset of a water corporation, being
an asset that is necessary to enable the water corporation to carry out its
principal functions under an Act, is taken to be a sale or disposal of a main
undertaking of the water corporation.
(4) This section prevails over the State Owned Corporations Act 1989 to the
extent of an inconsistency.
(5) A word or expression used in this section has the same meaning as in the State
Owned Corporations Act 1989, unless otherwise defined in this section.
(6) In this section--
main undertaking, of a water corporation, includes a business activity
necessary to enable the water corporation to carry out any of the following--
(a) the storage or supply of water,
(b) the provision of sewerage services,
(c) the provision of stormwater drainage systems,
(d) the disposal of waste water.
water corporation means the following or a subsidiary of the following--
(a) the Sydney Water Corporation,
(b) the Hunter Water Corporation.
Page 3
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