9253 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 180 Friday, 7 December 2007 Published under authority by Government Advertising LEGISLATION Proclamations New South Wales Commencement Proclamation under the Criminal Legislation Amendment Act 2007 No 57 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 (2) of the Criminal Legislation Amendment Act 2007, do, by this my Proclamation, appoint 7 December 2007 as the day on which the uncommenced provisions of that Act (other than Schedule 4 [2]–[6]) commence. Signed and sealed at Sydney, thisthis 5th day of December day of 2007. 2007. By Her Excellency’s Command, JOHN HATZISTERGOS, M.L.C., L.S. AttorneyAttorney GeneralGeneral GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence the uncommenced provisions of the Criminal Legislation Amendment Act 2007, other than amendments to the Drug Misuse and Trafficking Act 1985 that relate to the possession of precursors and drug manufacture apparatus. s2007-428-40.d03 Page 1 9254 LEGISLATION 7 December 2007 New South Wales Proclamation under the Dams Safety Act 1978 No 96 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 27 (1) of the Dams Safety Act 1978, do, by this my Proclamation, amend Schedule 1 to that Act as follows: (a) by inserting in alphabetical order of names of dams in Columns 1 and 2, respectively, the following matter: Anvil Hill Main Water Anvil Creek, Muswellbrook Anvil Hill South In-pit Tailings Anvil Creek, Muswellbrook Anvil Hill Start-up Tailings Anvil Creek, Muswellbrook Central Garden Detention Basin Finlaysons Creek, Marylands Eraring Attemperating Cooling Water Dora Creek, Eraring Hunter Valley Operations 6 Tailings Parnells Creek, Jerrys Plains Jerrara Creek Jerrara Creek, Kiama Mannus Lake Mannus Creek, Tumbarumba Petrochilos Off-stream storage, Bonalbo Ravensworth Void 4 East Tailings Ravensworth, Muswellbrook Ravensworth Void 5 Ash Ravensworth, Muswellbrook Tillegra Williams River, Dungog Wilpinjong TD1 East Wilpinjong Creek, Mudgee Wilpinjong TD1 West Wilpinjong Creek, Mudgee Wilpinjong TD2 Wilpinjong Creek, Mudgee s2007-350-22.d03 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 180 7 December 2007 LEGISLATION 9255 Proclamation Explanatory note (b) by omitting the matter relating to Bogolong, Bonalbo, Cowal Lake Protection Bund, Hovell Weir, Newstan Area 7 Confining Embankment, Sunlight Gully Lower Dam and Sunlight Gully Upper Dam. Signed and sealed at Sydney, thisthis 21st day of Novemberday of 2007. 2007. By Her Excellency’s Command, L.S. MinisterPHILIP KOPERBERG, for Climate Change, M.P., Minister for Climate Change, EnvironmentEnvironment andand WaterWater GOD SAVE THE QUEEN! Explanatory note The objects of this Proclamation are: (a) to add the names and locations of certain dams to the list of prescribed dams in Schedule 1 to the Dams Safety Act 1978 to enable the Dams Safety Committee to exercise certain powers in relation to the dam (including issuing notices requiring things to be done to ensure the safety of the dam) or to reflect the change in name of a dam that is already a prescribed dam, and (b) to omit the names and locations of certain dams from the list of prescribed dams to remove the prescribed status of the dam or to remove reference to the former name of a dam that remains prescribed under a new name. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 180 9256 LEGISLATION 7 December 2007 Regulations New South Wales Environmental Planning and Assessment Amendment (Liverpool City Centre Levies) Regulation 2007 under the Environmental Planning and Assessment Act 1979 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979. FRANK SARTOR, M.P., MinisterMinister forfor PlanningPlanning Explanatory note The object of this Regulation is to amend the Environmental Planning and Assessment Regulation 2000 to prescribe, in respect of land within the Liverpool city centre, the maximum percentage levy that can be collected under section 94A of the Environmental Planning and Assessment Act 1979 (which requires applicants for development consent to pay a levy of a percentage of the proposed cost of the development). This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 94A (5) and 157 (the general regulation-making power). s2007-392-31.d03 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 180 7 December 2007 LEGISLATION 9257 Environmental Planning and Assessment Amendment (Liverpool City Clause 1 Centre Levies) Regulation 2007 Environmental Planning and Assessment Amendment (Liverpool City Centre Levies) Regulation 2007 under the Environmental Planning and Assessment Act 1979 1 Name of Regulation This Regulation is the Environmental Planning and Assessment Amendment (Liverpool City Centre Levies) Regulation 2007. 2 Amendment of Environmental Planning and Assessment Regulation 2000 The Environmental Planning and Assessment Regulation 2000 is amended by inserting the following matter before the matter relating to the Wollongong City Centre Local Environmental Plan 2007 in the Table to clause 25K (1) (b): Land within the Neighbourhood Centre, Commercial Core, Mixed Use or Enterprise Corridor zone under Liverpool City Centre Local Environmental Plan 2007 Less than $1,000,000 Nil $1,000,000 or more 3 per cent Land within the High Density Residential or Light Industrial zone under Liverpool City Centre Local Environmental Plan 2007 Less than $1,000,000 Nil $1,000,000 or more 2 per cent Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 180 9258 LEGISLATION 7 December 2007 New South Wales Water Industry Competition (Access to Infrastructure Services) Regulation 2007 under the Water Industry Competition Act 2006 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Water Industry Competition Act 2006. MORRIS IEMMA, M.P., PremierPremier Explanatory note The object of this Regulation is to make provision with respect to the scheme established by Part 3 of the Water Industry Competition Act 2006, including provision with respect to coverage and non-coverage declarations, access undertakings, access agreements and access determinations under that Part. This Regulation is made under the Water Industry Competition Act 2006, including section 101 (the general power to make regulations) and various other provisions referred to in the Regulation. s2007-252-18.d09 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 180 7 December 2007 LEGISLATION 9259 Water Industry Competition (Access to Infrastructure Services) Regulation 2007 Contents Page 1 Name of Regulation 3 2 Commencement 3 3 Definitions 3 4 Notice to be given by IPART in relation to certain applications 3 5 Coverage applications: section 25 3 6 Revocation applications: section 29 4 7 Binding non-coverage applications: section 33 5 8 Negotiation of access to infrastructure services 6 9 Timelines for arbitration 7 10 Basis on which dispute may be determined 7 11 Application of regulations under the IPART Act 8 12 Information to be included in the register of infrastructure services: section 44 8 Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 180 9260 LEGISLATION 7 December 2007 Water Industry Competition (Access to Infrastructure Services) Regulation 2007 Clause 1 Water Industry Competition (Access to Infrastructure Services) Regulation 2007 under the Water Industry Competition Act 2006 1 Name of Regulation This Regulation is the Water Industry Competition (Access to Infrastructure Services) Regulation 2007. 2 Commencement This Regulation commences on the commencement of Part 3 of the Act. 3 Definitions (1) In this Regulation: ACN (short for “Australian Company Number”) has the same meaning as it has in section 9 of the Corporations Act 2001 of the Commonwealth. contact details includes postal and email addresses and telephone and fax numbers. the Act means the Water Industry Competition Act 2006. (2) Notes included in this Regulation do not form part of this Regulation. 4 Notice to be given by IPART in relation to certain applications If an application that purports to have been made under section 24, 28 or 32 of the Act has not been duly completed, IPART must notify the applicant of that fact. Note. See section 80 of the Interpretation Act 1987 with respect to the due completion of forms. 5 Coverage applications: section 25 (1) For the purposes of section 25 (1) (b) of the Act, the following persons are prescribed as persons from whom submissions are to be invited in relation to a coverage application for an infrastructure service: (a) the service provider for the service, except where the application has been made by the service provider, Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 180 7 December 2007 LEGISLATION 9261 Water Industry Competition (Access to Infrastructure Services) Clause 6 Regulation 2007 (b) the Minister administering the Protection of the Environment Operations Act 1997, (c) the Minister administering the Public Health Act 1991, (d) the Minister administering Part 3 of the Water Industry Competition Act 2006 and, if a different Minister administers Part 2 of that Act, that Minister also, (e) the Minister administering the Water Management Act 2000. (2) When inviting