New South Wales Consolidated Acts

SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 20

20 Water inquiry to be held

(1) As soon as practicable after the commencement of this section, the Minister is to direct that a public inquiry be held in accordance with this Part by one or more persons with respect to environmental issues arising from the current pattern of water flows in rivers and streams in the designated area of inquiry caused by the operation of the Snowy Mountains Hydro-electric Scheme.

(2) The inquiry is to report on the options for dealing with those issues, and the environmental, economic, agricultural and other impacts of those options as required by the terms of reference of the inquiry. For the purposes of this subsection:

(a) agricultural impacts include the impact of changed water flows on agricultural industries that are dependent on irrigation, and

(b) environmental impacts include the impact of releases of water from storage that provide environmental flows, being flows in rivers and streams which mimic natural seasonal flows and which restore and maintain the ecology of those rivers and streams.

(3) For the purposes of reporting on the impacts of those options, the inquiry may deal with the impacts on areas other than the designated area of inquiry.

(4) Any decision by the Minister as to the terms of reference of the inquiry must be approved by a Minister of the Commonwealth and a Minister of the State of Victoria.

(5) Any decision by the Minister as to the person or persons to be appointed to hold the inquiry and the procedures for holding the inquiry must be approved by a Minister of the State of Victoria.

(6) Before making any decision under this section, the Minister must consult the Minister administering the Water Management Act 2000 . This subsection does not limit any consultation by the Minister with other Governments or Government agencies.

(7) Public authorities, State owned corporations and other authorities of the State of New South Wales are to provide any necessary assistance required by the person or persons holding the inquiry for the purposes of the inquiry.

(8) The person or persons holding the inquiry are to take all reasonable steps to preserve the confidentiality of any documents produced to the inquiry that contain commercially sensitive information.

(9) The following provisions apply to the inquiry:

(a) The Minister is to give notice of the holding of the inquiry and the proposed terms of reference of the inquiry in a newspaper circulating generally throughout the State.

(b) The Minister is to allow a period of at least 30 days for public comment on the proposed terms of reference and is to have regard to any comment received on them before they are settled.

(c) The person or persons holding the inquiry are to call for public submissions and hold public hearings with respect to the matters being examined by the inquiry.